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02/19/1991 - City Council Regular
r e / t AGENDA REGULAR MEETING ,\ EAGAN CITY COUNCIL EAGAN, MINNESOTA \ MUNICIPAL CENTER BUILDING FEBRUARY 19, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PARKS & RECREATION DEPARTMENT 1. Recommendation to Change the Name of the Advisory Parks & Recreation Commission • IV. 6:55 - CONSENT AGENDA (PINK) . 4A. PERSONNEL ITEMS B. LICENSES, Plumbers 7 C. RECOMMENDATION, Airport Relations Committee - MAC Corridor Task Force SOD. RESOLUTION, Airport Relations Committee, for New Airport Search Area ''LE. AMENDMENT to Development Contract, Woodlands North Addition y�F. GAMBLING License Renewal, Eagan Lions Club, Pull-Tabs for Cedarvale Lanes and Valley f Lounge 4,37G. RECOMMENDATION, Solid Waste Abatement Commission, for Dakota County Long Term Funding .;I/H. RESOLUTION Authorizing Condemnation , Project 488, Blackhawk Road 3 I. PROJECT 466, Assessment Appeal Settlement Agreements J. PROJECT 609, Authorize Feasibility Report (Cliff Road Upgrade) 3 K. AUTHORIZE Update to Comprehensive Sanitary Sewer Policy Plan j VM.L. AMENDMENT, LOGIS Joint and Cooperative Agreement FINAL PLAT, Town Centre 100 - Eighth Addition PROJECT 572, Assessment appeal Settlement Agreements MO f' V. 7:00 - PUBLIC HEARINGS (SALMON) 4�A. PROJECT 574, Final Assessment Hearing (Eagandale Center Industrial Park - P. Streetlights) .SS B. PROJECT 571, Final Assessment Hearing (Cray Addition - Trunk Storm Sewer) i g C. PROJECT 541, Final Assessment Hearing (Country Hollow 2nd Addition - Trunk Storm P• Sewer) VI. OLD BUSINESS (ORCHID) ` A. AMENDMENT, Ordinance, Chapter 6, Other Business Regulation and Licensing, Section 6.44 Pawnshops (recommended for continuance to the March 5, 1991 meeting) VII. NEW BUSINESS (TAN) () (011A.� VARIANCE, John Vogstrom, 1.5' to the 10' Sideyard Setback Requirement Located on Lot 1, Block 1, Whispering Woods Third Addition i)•`4 B. REVISED Policy Manual, Special Assessments VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 14, 1991 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 19, 1991 CITY COUNCIL MEETING .ADOPT....................................... After approval is given to the February 19, 1991 City Council agenda and regular action meeting minutes for the February 5, 1991 meeting, the following items are in order for consideration. DEPARTMENT BEAD BUSINESS A. PARKS & RECREATION DEPARTMENT Item 1. Recommendation to Chan a the Name f the Advisory Parks & Recreation Commission--Enclosed on pages through is a memorandum from Parks & Recreation Director Vraa relative to a recommenda ion by the Advisory Parks&Recreation Commission that the City Council consider renaming the body to recognize its natural resources activities. In particular, the Advisory Parks & Recreation Commission is responsible for the City's forestry program, tree disease control, Arbor Day, native prairie maintenance and enhancement program, and oversight of the Water Quality Management Plan among other duties. In recognition of these expanded responsibilities which have grown over the years, the Commission is recommending a name change to Advisory Park, Recreation and Natural Resource Commission. If the Council supports this change,it would be necessary to undertake an amendment to the City Code which specifically references the existing Commission name. The proposed change in name does not imply any change in Commission composition or terms of Commission members as proposed. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny changing the name of the Advisory Parks & Recreation Commission to the Advisory Park, Recreation and Natural Resource Commission and to direct staff to draft the necessary code amendment in this regard. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: FEBRUARY 13, 1991 RE: RECOMMENDATION FOR A NAME CHANGE -ADVISORY PARKS & RECREATION COMMISSION ISSUE: The issue in this memorandum concerns Council approval or direction for a recommended name change for the Advisory Parks&Recreation Commission to Advisory Park,Recreation and Natural Resource Commission. This recommendation is a broadening of the Commission's current title and would formally recognize the Commission's changing role as an Advisory body in areas dealing with natural resources. BACKGROUND: The following considerations are cited as a basis for this recommended name change. The Advisory Parks and Recreation Commission has already been addressing natural resource issues for a number of years. Among these responsibilities are the overseeing of the City's Forestry Program,which includes landscape planning of many new parks, Dutch elm and oak wilt disease - prevention and control, and also the annual Arbor Day Program, School Program and public tree sale. Other resource management programs carried out by the Parks and Recreation Department included the Native Prairie Maintenance and Enhancement Program, Wild Life Improvement variation and nuisance weed enforcement and boulevard landscaping. The Advisory Commission was also instrumental in the development of the City's Landscaping Policy now being implemented by the Community Development/Planning Department. As the Council knows, the Advisory Parks and Recreation Commission was an active participant in the development of the new Water Quality Management Plan. Dick Carroll, as a member of both the Citizens Task Force and the Commission, reviewed the draft plan on at least three separate occasions when presented to the Advisory Commission. C72- Recommendation for a Name Change February 13, 1991 Page 2 In accordance with the policy directives contained within the plan, the Advisory Commission has also assumed oversight responsibilities and coordination for various program elements. Among the Advisory Parks and Recreation Commission new functions will be the review of new plats for water quality ponding, implementation of education and phosphorous reduction programs, development of a long range C.I.P. plan for water quality improvement and continued sampling of water resources. Clearly, this has added a new and significant role to the Advisory Parks & Recreation Commission's agenda as it relates to natural resources management. The Advisory Commission has clearly supported the expansion of this role into new areas involving natural resource management. The Advisory Commission has taken the initiative, discussed and fully understands that the addition of water quality planning and other resource related issues will be an added commitment to their normal agenda. However, they recognize that the number of development proposals and actions related to park land acquisitions and park development has declined in recent years and is likely to do so in the future. Therefore, despite the fact that greater emphasis is now being placed on the implementation and management issues for parks, their time commitments are not expected to be significantly different than what was experienced during the mid-to-late eighties. In recognition of this, the Advisory Commission, some months ago, recommended a change in their title, along with adoption of a mission statement incorporating their new roles. At their meeting on February 7th, the Commission again went on record indicating their earlier position that the Commission be renamed to the Eagan Advisory Parks, Recreation and Natural Resources Commission. FOR COUNCIL CONSIDERATION: If the City Council deems it appropriate, the Council should approve the name change recommendation. This would require an amendment to the City Code. Formal notification and a public hearing process would not be required. If approved, staff would proceed with these code changes, adopting the necessary language to be reviewed by the City Council under a Consent Item at a future agenda. It should be noted that the Commission is not recommending any change as to the composition or terms of its Commission members as a result of this action. KV/bls 3 Agenda Information Memo February 19, 1991 City Council Meeting : 4. There are thirteen (13) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Clerical Technician 3/Police Department--Over 125 applications were received for this position. After screening of applications, the 23 applicants who fulfilled the minimum requirements as advertised were invited to the Eagan Municipal Center for written and typing tests. The 10 applicants who passed the testing process were then interviewed by Administrative Lieutenant Swanson,Lead Clerical Technician Vasquez and Assistant to the City Administrator Duffy. It is their unanimous recommendation that Kathy Gray be hired as a Clerical Technician 3 in the Eagan Police Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Kathy Gray as a Clerical Technician 3 in the Eagan Police Department. Item 2. Half-Time Receptionist/Clerical Tech 2/Police Department--If the appointment of Kathy Gray as a full-time Clerical Technician 3 in the Police Department is approved, a vacancy will exist for a half-time Receptionist/Clerical Tech 2 in the Police Department. This position is a job share position. The position has been reviewed by Police Administration and by the City Administrator and is deemed necessary to operations at the Police Department. Therefore, it is necessary at this time to authorize filling the vacancy. ACTION TO BE CONSIDERED ON THIS ITEM: To approve filling the vacant half-time Receptionist/Clerical Tech 2 position in the Eagan Police Department (job share). Item 3. Active Membership/Volunteer Fire Department--The Executive Board of the Eagan Volunteer Fire Department has reviewed the performance,training and participation of the following apprentice firefighters. Each of these firefighters has successfully completed the required one year probationary period and is being recommended for appointment as an active member of the Eagan Volunteer Fire Department. They are: Jeff Bahrke, John Bahrke, Chris Grubb, Rob Landgrebe, Dave Lukitsh and Tom Schellinger. ACTION TO BE CONSIDERED ON THIS ITEM: To confirm the appointment of Jeff Bahrke, John Bahrke, Chris Grubb, Rob Landgrebe, Dave Lukitsh and Tom Schellinger to active membership in the Eagan Volunteer Fire Department. Agenda Information Memo February 19, 1991 City Council Meeting PLUMBERS' LICENSES B. Licenses,Plumbers--City Code requires that all plu bers operating in the City of Eagan be licensed on an annual basis. Enclosed on page IP is a copy of the list of plumbers whose applications are in order to be considered by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: 'To approve or deny the plumbers' licenses as presented. PLUMBERS LICENSES FEBRUARY 19, 1991 1. Advanced Plumbing & Heating 2. Andreasen Plumbing & Heating 3. Commercial Plumbing 4. Murr Plumbing, Inc. 5. New Mech Companies, Inc. 6. Parsons Plumbing & Heating 7 . Polar Plumbing Company 8. Pride Plumbing Services 9. Schulties Plumbing, Inc. 10. Seitz Brothers, Inc. C:7 it Agenda Information Memo February 19, 1991 City Council Meeting MAC CORRIDOR TASK FORCE RECOMMENDATION C. Recommendation, Airport Relations Committee - MAC Corridor Task Force--On Wednesday, January 30, 1991, the MAC Blue Ribbon Task Force on the agan/Mendota Heights Corridor unanimously adopted the recommendation on page r for corridor procedures. It is the intention of the MAC to process this recommendation through the FAA as promptly as possible. The effect of the recommendation would be to confine simultaneous air traffic between current headings of 115 and 100 degrees magnetic and to direct non-simultaneous departures to the middle of the corridor at 105 degrees from the south parallel runway and 118 degrees from the north parallel runway. Upon approval, the simultaneous departure bearings will be scribed on the tower radar and will be described for historical purposes as being 3 degrees north of runway centerline and 18 degrees north of runway centerline. A graphi depiction of these boundaries in the context of the policy contours is enclosed on page ' At its regular meeting of Tuesday, February 12, 1991, the Eagan Airport Relations Committee unanimously endorsed the Corridor Task Force recommendation and forwarded it for Council consideration. The Committee recommends Council endorsement of the task force recommendation as a consequence of its relationship to the policy contours, its relationship to the historic middle of the corridor and its perceived effect of typing operations to a 15 degree operating area for both Eagan and Mendota Heights. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the MAC Blue Ribbon Task Force recommendation as presented. Corridor Task Force Final Recommendation The Corridor Task Force Final Recommendation establishes northern and southern policy boundaries, and specific departure procedures under simultaneous and non-simulataneous departure conditions. The Corridor Task Force Final Recommendation establishes the following departure corridor boundaries: The northern corridor boundary is established as the 100°(M) bearing, measured from the runway 29R middle marker compass locator beacon, and will be depicted on Air Traffic Control(ATC) radar displays. The southern corridor boundary is established as the 115°(M) bearing, measured from the runway 29L middle marker compass locator beacon, and will be depicted on ATC radar displays. The three-mile turn restriction remains in effect. The Corridor Task Force Final Recommendation establishes the following corridor procedures when simultaneous departure conditions exist: Aircraft departing runway 11R will fly to the runway 29L middle marker compass locator beacon (approximately 0.47 nm off the departure end of runway IIR) and execute a turn to a heading assigned by ATC such that the aircraft ground track will closely approximate a 115°(M) track from the fan marker. Aircraft departing runway i1L will fly to the runway 29R middle marker compass locator beacon (approximately 0.4 nm off the departure end of runway ilL) and execute a turn to a heading assigned by ATC such that the aircraft ground track will closely approximate a 100°(M)track from the fan marker. The above procedures result in narrow streams of jet departures, made possible by a common turn point (middle marker), and controller flexibility to assign wind correction headings that maintain discreet ground tracks. The Corridor Task Force Final Recommendation establishes the following corridor procedures when non-simultaneous departure conditions exist: Aircraft departing runway 11R will be assigned a heading to maintain a ground track of i05°(M)from the departure end of runway IIR. Aircraft departing runway 11L will be assigned a heading to maintain a ground track of the extended runway centerline (approximately 118°(M)). These non-simultaneous procedures revise the current practice of assigning 105°(M) headings to aircraft departing both runways, resulting in more jet aircraft contained in the industrialized portion of the corridor. ...... .... — ii. 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I I..MIMIM k 1 i ! f AIM:sle- , A.7( wzol • 'elk m.••■,....1 Z All 1.4 I 1 Ell 2- I 1 Nei b,_ Alb .4414 7r.wwiii-: 4■•••■■ i• 11■12•1•• ,4111 BraINIEGII El" /IP 111•41111-1■1., Sri= i ; ,ZiaLl ft.w.. \I illelto l ' 4 -N - r 1 ..III.11 4110 illa i)111 •■• tl,,. 1 •••Warr •••■ ill __-3 ./.4 . i1719)14111t*.1111.s 1 ' .■011111t04.6 ■ I s'•.<,‘, ■74,- v-......-_,-.........,..m.....m■.......■.-____ 41 ' V.?. IMILMM 1.""M*".:Wlaa..111= NIT , =OM Nroll10 ;„ . I i • q Agenda Information Memo February 19, 1991 City Council Meeting NEW AIRPORT SEARCH AREA RESOLUTION D. Resolution, Airport Relations Committee, for New Airport Search Area--At its regular meeting of Tuesday, February 12, 1991, the Eagan Airport Relations Committee recommended that the City Council consider a resolution which expresses a preference for the southern search area alternatives over the northern search area alternative in the context of the relocation f the dual track planning process. A copy of the resolution is enclosed on page 1 for your review. The resolution does not indicate support or opposition to either the expansion or relocation tracks, but rather indicates the City's preference if relocation were to occur. Since the Committee meeting, staff had the opportunity to attend a meeting of a Dakota County/City airport search area planning group being coordinated by Dakota County staff. At that meeting, it was determined that all communities represented, which included all incorporated Dakota County cities and a representative of the townships, were opposed to the northern search area alternative. Most of the cities had yet to take a firm position on the matter although some cities had taken action to support the existing site. Staff indicated to those present that the enclosure had been placed on the City Council agenda for Tuesday evening's meeting and requested feedback on whether such action would be a concern to the other cities. No concerns were raised by those present. It was noted that certain cities were expected to support one track over the other, but that, in the context of the relocation track, a southern site was preferable to a northern site. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the resolution pertaining to the new major search area report as presented. ■11011 CITY OF EAGAN 411:42". gill46‘44\1° RESOLUTION PERTAINING TO "-` 'p THE NEW MAJOR AIRPORT SEARCH AREA REPORT OF THE ADVISORY TASK FORCE OF THE METROPOLITAN COUNCIL WHEREAS, the Metropolitan Council has identified and adopted three candidate search areas for the potential relocation of Minneapolis- St. Paul International Airport as a part of the Dual Track Airport Planning Process, and WHEREAS, the City of Eagan has actively participated in the airport planning process and has a substantial interest in the appropriate balance between the commercial and environmental aspects of the region's major airport, and WHEREAS, a potential relocation of MSP presents both challenges and opportunities for the region, and WHEREAS, the primary consideration in such a decision must be the mitigation of the commercial and environmental dislocation which would occur as a consequence of a potential relocation, and WHEREAS, the combination of transportation infrastructure, proximity to the metropolitan downtowns and existing development patterns and other factors indicate an overwhelming advantage for the southern search area alternatives, NOW, THEREFORE, BE IT RESOLVED that, in the context of the relocation track of the dual track planning process, the City of Eagan supports a southern alternative to be the preferred new major airport search area, and BE IT FURTHER RESOLVED, that the City of Eagan specifically opposes the northern search area as being inappropriate for a new major airport due to its distance from the metropolitan downtowns and existing airport related development. CITY OF EAGAN CITY COUNCIL By: •Its Mayor Attest: Motion Made By: Its Clerk Seconded By: Those In Favor: Those Opposed: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of February, 1991. E. J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo February 19, 1991 City Council Meeting DEVELOPMENT CONTRACT AMENDMENT WOODLANDS NORTH ADDITION E. Amendment to Development Contract,Woodlands North Addition--A request has been received of Robert Engstrom, developer of the Woodlands North Addition,for amendments to the development contract relative to the Woodlands North final plat to facilitate financing of this project. In particular, the developer requests a reallocation of special assessments from the current 13 lots to a proposed 12 lots in accordance with the attachments enclosed on pages J through 07a for your review. In addition, the developer is requesting an amendment relative to the advance payment of special assessments due under public improveme projects 589 and 596 as reflected in the attachments enclosed on pages,„3 through for your review. New documents in this regard were prepared by the City Attorney's office and have been reviewed by the Departments of Public Works and Finance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the amendments to the development contract for Woodlands North Addition relative to reallocation of special assessments and the advance payment of special assessments under public improvement projects 589 and 596 as presented. I D.. WAIVER 07 PUBLIC HEARING AND RIGHT TO OBJECT TO REALLOCATION OP SPECIAL ASSESSMENTS I declare that I am the Owner of the following described property and hereby waive notice of any and all hearings necessary and waive objection to any technical defects and any proceedings related to the special assessments and further waive the right to object to or appeal from the allocation and levy of the assessments made in connection with this reallocation of special assessments: I. PRESENT LEGAL DESCRIPTION: Lots One (1) through Five (5) , Block One (1) and Lots One (1) through Eight (8) , Block Two (2) The Woodlands North A. PRESENT LEVIED ASSESSMENT: Amount Per Lot* Project 525 $30,214 $30,214 B. PRESENT PENDING ASSESSMENT: Amount (Est. ) Per Lot (Est. ) * Project 589 $122,731 $122,731 Project 596 $112,812 $112,812 * Prior to split of tax parcels. II. REALLOCATION OF ASSESSMENTS: A. LEGAL DESCRIPTION: Lots One (1) through Five (5) , Block One (1) ; Lots One (1) through Three (3) ; and Lots Five (5) through Eight (8) , Block Two (2) ; THE WOODLANDS NORTH B. LEVIED ASSESSMENTS: $2,517.83 per lot C. PENDING ASSESSMENTS (ESTIMATE) : $19,628.67 per lot 3 swe III. The reallocation noted herein shall become effective only upon the filing of the Plat for The Woodlands North. DATED this day of , 1991. ROBERT ENGSTROM COMPANIES By: Robert E. Engstrom Its: President By: Its: STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of ,, 1991, before me a Notary Public within and for said County, personally appeared and to me personally known, who being each by me duly sworn, each did say that. they are respectively the and of ROBERT ENGSTROM COMPANIES, the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 MGD CONSENT TO REALLOCATION OP SPECIAL ASSESSMENTS I declare that I am the Owner of the following described property and hereby request the City of Eagan to Reallocate Special Assessments which are levied and/or pending against the following described property: PROPERTY DESCRIPTION: Lots One (1) through Five (5) , Block One (1) ; and Lots One (1) through Eight (8) , Block Two (2) ; of THE WOODLANDS NORTH. to be spread against the following property: REALLOCATED ASSESSMENT DESCRIPTION: Lots One (1) through Five (5) , Block One (1) ; Lots One (1) through Three (3) , and Lots Five (5) through Eight (8) , Block Two (2) ; THE WOODLANDS NORTH DATED this day of , 1990. ROBERT ENGSTROM COMPANIES, a Minnesota corporation By: ROBERT E. ENGSTROM Its: President By: Its: / AGREEMENT FOR THE ADVANCE PAYMENT OF SPECIAL ASSESSMENTS DUE UNDER PUBLIC PROJECTS 589 AND 596 This Agreement is made this 19th day of February, 1991, by and between the CITY OF EAGAN, a Minnesota municipal corporation (Eagan) and COUNTRY HOME BUILDERS, INC. , a Minnesota corporation (CHB) . RECITALS A. CHB is the owner of certain property located in Eagan and legally described as follows: Lots 1 through 16, Block 3 and Lots 1 through 10, Block 4, The Woodlands North, Dakota County, Minnesota. (the "Property") . B. Pursuant to requests by the Owner and Developers of The Woodlands North subdivision, Eagan has awarded public contracts for the improvement and construction of streets and utilities necessary to service The Woodlands North subdivision (Public Projects 589 and 596) . C. The cost of Public Projects 589 and 596 shall be assessed to The Woodlands North subdivision upon completion, with certification to take place in 1992. D. That an assessment in the amount of $1,200.34 will be levied against all lots in the Property upon the filing of the Plat for The Woodlands North in accordance with a waiver annexed to the Development Contract. E. Eagan and CHB desire to provide a mechanism to release the Property from the assessments associated with Public Projects 589 and 596 prior to the adoption and certification of the assessments in 1992 . F. CHB has deposited a letter of credit with Eagan in the amount of $210,000.00 to secure the performance of the Development Contract for The Woodlands North. NOW THEREFORE, based upon the recitals contained herein, Eagan and CHB hereby agree as follows: 1. Based upon present data the estimated assessments in connection with Public Projects 589 and 596 to be certified against the Property are computed to equal approximately $7, 500.00 per lot contained within the Property. r69 2. Upon the periodic payment of Ten Thousand and no/loo Dollars ($10,000.00) to Eagan by CHB, Eagan shall release a particular lot within the Property from any pending assessment obligation in connection with Public Projects 589 and 596. 3. Any and all payments by CHB shall be duly noted as a prepayment hereunder, and upon receipt Eagan shall deposit the payments into its general account for the sole purpose as set forth herein. The account shall be controlled solely by Eagan. 4. Upon completion of Public Projects 589 and 596, Eagan shall adopt the assessment roll and pro rate the assessments due and payable with respect to the lots in the Property. Eagan shall immediately apply the proceeds in the Account against the amount actually certified against the individual lots in the Property, previously released by Eagan. 5. If a shortage in funds exist in the Account at the time Eagan applies the funds for payment, Eagan shall notify CHB of the shortage and CHB agrees to pay the amount invoiced to CHB within twenty (20) days from the date reflected on the invoice. A shortage is defined as the money in the Account being less than the number of lots released multiplied by the adopted assessment against the released lots. 6. If a surplus of funds exist in the Account at the time Eagan applies the funds for payment, Eagan shall return the surplus to CHB. A surplus is defined as the money in the Account being more than the number of lots released multiplied by the adopted assessment against the released lots. 7. At the time of adoption of the assessment roll by Eagan, Eagan shall certify the assessments against all of the unreleased lots located in the Property, and such assessments shall be forwarded to Dakota County for collection as provided for by statute. 8 . In making this Agreement, CHB does hereby waive any and all right to object to the amount of assessments to be levied against the Property. 9. Notwithstanding any agreement to the contrary, CHB hereby agrees that the Letter of Credit shall guarantee the payment of all assessments due with respect to the Property. The Letter of Credit shall not be reduced below $75,000, until such time as the assessments have been adopted against the Property and no shortage is found to exist. 10. Failure by CHB to pay any shortage as noted in Paragraph 5 hereof shall allow the City to draw against the Letter of Credit for payment, and CHB does hereby acknowledge that such failure shall constitute a default under the Development Contract for The Woodlands North. CITY OF EAGAN, a Minnesota municipal corporation 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 By: Thomas A. Egan Its: Mayor By: E. J. VanOverbeke Its: City Clerk COUNTRY HOME BUILDERS, INC. , a Minnesota corporation By: Its: By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 1991, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this _ day of , 1991, before me a Notary Public within and for said County, personally appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the and of COUNTRY HOME BUILDERS, INC. , the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of the corporation. Notary Public (()( APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Department of Finance Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 MOD 0 CONSENT ROBERT ENGSTROM COMPANIES, a Minnesota municipal corporation, as the Developer of The Woodlands North, hereby consents to the conditions and terms herein. ROBERT ENGSTROM COMPANIES, a Minnesota corporation By: Its: By: Its: STATE OF MINNESOTA ) ss. COUNTY OF On this day of , 1991, before me a Notary Public within and for said . County, personally appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the and of ROBERT ENGSTROM COMPANIES, the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of the corporation. Notary Public 02 l THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 MGD • FIRST AMENDMENT TO THE WOODLANDS NORTH DEVELOPMENT CONTRACT WHEREAS, on the 20th day of November, 1990, the City of Eagan, a Minnesota municipal corporation, did enter into a Development Contract (the Contract) for a plat known as The Woodlands North with Robert Engstrom Companies, a Minnesota municipal corporation, the Developer; and WHEREAS, as of the date hereof, Robert Engstrom Companies is the owner of Lots 1 through 5, Block 1; Lots 1 through 8, Block 2; and Outlets A, B, C, and D, of The Woodlands North (Engstrom Property) ; and WHEREAS, as of the date hereof, Country Home Builders, Inc. , a Minnesota corporation, is the owner of Lots 1 through 16, Block 3 and Lots 1 through 10, Block 4 of The Woodlands North (Country Home Property) ; and WHEREAS, as a condition of the Contract, the Developer was required to deposit irrevocable Letters of Credit with the City of Eagan in the total amount of $269,415.00; and WHEREAS, in partial satisfaction of said condition, Country Home Builders did deposit an irrevocable Letter of Credit with the City of Eagan in the total amount of $210,000.00; and WHEREAS, in partial satisfaction of said condition, Robert Engstrom Companies did deposit an irrevocable Letter of Credit with the City of Eagan in the total amount of $59,415.00; and 3 WHEREAS, each Letter of Credit in aggregate secures the full performance of the Contract; and WHEREAS, pursuant to paragraph 16.B. , upon written request from the Developer, the City may release an amount of the financial guarantee that relates to assessments in connection with a public improvement; and WHEREAS, the parties hereto desire to amend said paragraph 16.8. NOW, THEREFORE, the parties hereby agree to delete paragraph 16.B. of the Contract and to provide in lieu thereof the following: 16.B. 1. Periodically, upon written request by the Developer evidencing that six (6) certificates of occupancy have been issued by the City directly related to the Country Home Property, the Country Home Builders, Inc. 's Letter of Credit shall be reduced in increments of Forty-eight Thousand and no/100 Dollars ($48, 000.00) . However, the Letter of Credit shall not be reduced below Forty-two Thousand and no/100 Dollars ($42,000.00) until such time as the Developer installed improvements have been inspected, and the City delivers written notice of reviewal to the Developer. No reductions in the Letter of Credit shall be made if a default in the Contract exists at the time of a request by the Developer, such default being related to the Country Home Property. 2. Periodically, upon written request by the Developer evidencing that four (4) certificates of occupancy have been issued by the City directly related to the Engstrom Property, the Engstrom Letter of Credit shall be reduced in increments of Twenty Thousand and no/100 Dollars ($20,000. 00) . However, the Letter of Credit shall not be reduced below Twenty-seven Thousand and no/100 Dollars ($27,000.00) , until such time as the Developer installed improvements have been inspected, and the City delivers written notice of reviewal to the Developer. No reductions in the Letter of Credit shall be made if a default in the Contract exists at the time of a request by the Developer, (.; Lwi `01 such default being related to the Engstrom Property. 3. For purposes hereof, the City shall be the sole entity to determine if a default exists and to which property the default relates. 4. This Amendment shall be of no force and effect until the Plat for The Woodlands North is filed of record in the office of the Dakota County Recorder. 5. All other terms and conditions of the Development Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E. J. VanOverbeke Its: City Clerk ROBERT ENGSTROM COMPANIES By: Its: By: Its: e;;?. II, COUNTRY HOME BUILDERS, INC. By: Its: By: Its: STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of , 1991, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. 3 . VanOverbeke to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 1991, before me a Notary Public within and for said County, personally appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the and of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its • Board of Directors and said and acknowledged said instrument to be the free act and deed of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF On this day of , 1991, before me a Notary Public within and for said County, personally appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the and of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of the corporation. Notary Public APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: c,2 THIS INSTRUMENT WAS DRAFTED BY: • SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 MGD c A? Agenda Information Memo February 19, 1991 City Council Meeting GAMBLING LICENSE RENEWALJEAGAN LIONS CLUB F. Gambling License Renewal, Eagan Lions Club, Pull Tabs for Cedarvale Lanes and Valley Lounge--Applications have been received of the Eagan Lions Club to renew gambling permits for pull tab operations at Cedarvale Bowl and the Valley Lounge. These renewals conform to the new requirements by the Minnesota Department of Gaming relative to application reporting procedures. Individual resolutions relative to these permits are enclosed on pages 3 )and31 for your review. Also enclosed without page number are copies of the respective applications for Council review. The Police Department has reviewed these applications and have identified no reasons for denial of them. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) the gambling permit renewal for the Eagan Lions Club for Cedarvale Bowl and 2) the gambling permit renewal for the Eagan Lions Club for the Valley Lounge. RESOLUTION CITY OF EAGAN GAMBLING PERMIT FOR EAGAN LIONS CLUB ON CEDARVALE BOWL PREMISES WHEREAS, The Eagan Lions Club has applied for a gambling premise permit to conduct a pull tab operation at Cedar- vale Bowl , 3883 Beau d'Rue Drive, and WHEREAS, The Eagan Police Department has reviewed the ap- plication and recommends approval, and WHEREAS, this is a renewal of an existing premise permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Lions Club application to conduct a pull tab oper- ation at Cedarvale Bowl, 3883 Beau d'Rue Drive . Motion made by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in Favor: BY: Those Against: Dated: ATTEST: • CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of Feb- ruary, 1991 . E.J. VanOverbeke, City Clerk 3 0 RESOLUTION CITY OF EAGAN GAMBLING PERMIT FOR EAGAN LIONS CLUB ON VALLEY LOUNGE PREMISES WHEREAS, The Eagan Lions Club has applied for a gambling premise permit to conduct a pull tab operation at Valley Lounge, 3385 Sibley Memorial Highway, and WHEREAS, The Eagan Police Department has reviewed the ap- plication and recommends approval, and WHEREAS, this is a renewal of an existing premise permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Lions Club application to conduct a pull tab oper- ation at Valley Lounge, 3385 Sibley Memorial Highway. Motion made by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in Favor: BY: Those Against: Dated: ATTEST: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of Feb- ruary, 1991 . E.J. VanOverbeke, City Clerk • 3 1 Agenda Information Memo February 19, 1991 City Council Meeting DAKOTA COUNTY LONG TERM FUNDING RECOMMENDATION G. Recommendation, Solid Waste Abatement Commission, for Dakota County Long Term Funding--At its regular meeting of February 12, 1991, the Eagan Solid Waste Abatement Commission acted to recommend that the City Council express in the strongest possible terms the City's desire for continued Dakota County funding for recycling program administration. At Commission direction, staff prepared the resolution enclosed on page 33 for your review. It is anticipated that the County's long term funding working group will make recommendations to the County Board in March of this year relative to funding of County and local recycling programs in 1992 and the future. The present funding program, which phases out support for local recycling administration, ends in 1991. Because of local government budget cuts relative to the current and future State budget deficit, it will become increasingly difficult for cities to finance local government services. In the case of recycling, dedicated funds are available to Dakota County in the form of Select Committee On Recycling and the Environment funds, tipping fee surcharges and the potential of a solid waste service charge by the County. Because Dakota County's current recycling system is private sector based, the largest expenditures for local governments are not for operations but rather for coordination, promotion and administration of the private sector recycling operations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution strongly urging Dakota County to fund local government recycling administration in the Dakota County long term recycling funding program. 2-( tct Cil CITY OF EAGAN RESOLUTION SUPPORTING A COMMITMENT TO CONTINUED FUNDING FOR LOCAL GOVERNMENT RECYCLING ADMINISTRATION IN THE DAKOTA COUNTY LONG TERM RECYCLING FUNDING PROGRAM WHEREAS, the City of Eagan and Dakota County have cooperated effectively and successfully to provide residential and business recycling programs, and WHEREAS, these joint efforts have afforded all Dakota County residents with the opportunity to recycle thereby diminishing local reliance on landfill disposal and non-renewable resources, and WHEREAS, these programs have earned significant awards, recognition and media attention for Dakota County, and WHEREAS, the success of these programs and their benefit to the public is largely due to the efforts of local recycling coordinators who have developed, administered, promoted and refined them, and WHEREAS, Dakota County's financial support of local government administration is currently scheduled to be phased out in 1991, and WHEREAS, Dakota County retains financial resources to support recycling including, but not limited to, SCORE funds, tipping fee surcharges and the potential solid waste service charge, and WHEREAS, the City of Eagan, like other local governments, face substantial reductions in state aid revenue in 1991, 1992 and 1993 as a consequence of the state budget defecit, and WHEREAS, the City of Eagan does not have independent financial resources to support local recycling efforts, and WHEREAS, it is essential for purposes of meeting state mandates and in the interests of the health, safety and welfare of Eagan and Dakota County residents that adequate funding be secured to insure that our recycling programs not only continue in this time of budget crisis, but expand to additional materials and further participation to reach the 35% abatement goal by 1993 and the 50% abatement goal by 2000, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan strongly urges Dakota County to maintain its support for local recycling administration as a part of its long term funding strategy for solid waste management, and BE IT FURTHER RESOLVED that such support be retained through at least 1993, or until such time as local revenues stabilize. 33 Agenda Information Memo February 19, 1991 City Council Meeting CONDEMNATION AUTHORIZATION/PRO.TECT 488/BLACKHAWK ROAD H. Resolution Authorizing Condemnation, Project 488, Blackhawk Road--With respect to the above referenced project, City staff and the City attorney have engaged in negotiations relative to the Wenzel property located in the northwest corner of Blackhawk and Diffley Roads. As the City has been unable to acquire easements for this property by negotiation, the Council may authorize condemnation in this,„r.egard. A copy of the resolution authorizing condemnation is enclosed on pages .IPS through for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution authorizing condemnation of property associated with Project 488 - Blackhawk Road as presented. CITY OF EAGAN RESOLUTION AUTHORIZING CONDEMNATION PROJECT NO. 488 - BLACRHAWK ROAD - WENZEL PROPERTY WHEREAS, on February 3, 1987, the City Council of the City of Eagan held a public hearing to discuss and review street improvements to Blackhawk Road known as City Project Number 488; and WHEREAS, all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deemed it to be in the best interest of the City that said improvements be made; and WHEREAS, all easements in connection with the construction of Blackhawk Road were obtained, except for a parcel of property at the northwest corner of the intersection of Blackhawk Road and Diffley Road owned by Lawrence W. and Doreene R. Wenzel (hereinafter referred to as "Wenzels") ; and WHEREAS, the Wenzels provided the City of Eagan with a Right of Entry so that construction would not be slowed by negotiations; and WHEREAS, the City has had continued negotiations with the Wenzels regarding the acquisition of the necessary property by the City for the purpose of installing and maintaining a roadway; and WHEREAS, the City of Eagan has been unable to acquire the easements by a negotiated purchase from the Wenzels and it is therefore necessary and in the public interest to acquire the easements by eminent domain proceedings. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that the City Attorney is authorized to acquire the necessary easements by eminent domain and to commence condemnation proceedings. ATTEST: CITY OF EAGAN CITY COUNCIL By: By: E. J. VanOverbek Thomas A. Egan Its Clerk Its Mayor 3S . Agenda Information Memo February 19, 1991, City Council Meeting ASSESSMENT APPEAL SETTLEMENT AGREEMENTS I. Project 466, Consider Assessment Appeal Settlement Agreements--Project 466 provided for the upgrading of Pilot Knob Road from I-35E to Rebecca Lane. Upon completion of that project, a final assessment hearing was held on July 10, 1990. During that final assessment public hearing, there were several property owners who objected to the assessments and proceeded to file a formal appeal with District Court. Appraisers were then hired to evaluate the benefits accrued to the property resulting from the improvement as well as a detailed reevaluation of the calculation of the assessments against the properties in question. As each property was reviewed in detail with the objecting property owner, various issues were resolved to the extent that the formal assessment appeals will be dismissed upon execution of the appropriate Stipulation For Settlement Agreement. The conditions contained within this Settlement Agreement were prepared by the City Attorney's Office, reviewed with the Department of Public Works and found to be in order for favorable Council action. The following properties are being presented for consideration of their Settlement Agreements: 1. Lot 4, Carlson Acres 4205 Pilot Knob Road Walter & Delores Nelson 2. Parcel 10-01500-050-52 3800 Pilot Knob Road David & Carol Tilseth ACTION TO BE CONSIDERED ON THIS ITEM: To consider the Stipulation For Settlement Agreement for IAA 4, Carlson Acres, and Parcel 10-01500-050-52 and authorize the Mayor and City Clerk to execute all related documents. 3 -7 Motion made by: Seconded by: Those in Favor: Those Against: Dated: February 19, 1991. 3(p Agenda Information Memo February 19, 1991, City Council Meeting AUTHORIZE FEASIBILITY REPORT (CLIFF ROAD UPGRADE) J. Project 609, Authorize Feasibility Report (Cliff Road Upgrade)--At the request of the City of Eagan, Dakota County agreed to accelerate the proposed upgrading of Cliff Road from I-35E to Cedar Freeway (TH 77) during 1991. As traffic continues to increase in this area with recent and proposed development, it becomes necessary to upgrade this section of County Road 32 to provide for separate center left-turn lanes at major intersections to facilitate traffic flow along this stretch. This improvement would be performed by Dakota County with the appropriate cost participation by the City of Eagan. Due to the City's participation, it would be appropriate to have the City Council authorize the City staff to prepare a formal feasibility report describing the proposed improvements and the financing requirements which may include special assessments against adjacent benefitted properties thereby allowing the City to hold a formal public hearing which must be completed before this project can be initiated. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 609 (Cliff Road Upgrade). COMPREHENSIVE SANITARY SEWER POLICY PLAN K. Authorize Update to Comprehensive Sanitary Sewer Policy Plan--During 1988, a complete revision and update was performed to the previous 1982 Comprehensive Plan. While it was anticipated that this most recent revision would have been adequate well into the 90's, it appears that it is appropriate to update this most recent plan to ensure compatability with the proposed revision to the Comprehensive Guide Plan and its sewer element as required by the Metropolitan Council. While the merits of amending this most recent plan were discussed, it appeared that the revision to the population projection and related sewer flow volumes required more than just an amendment. The estimated cost of this update ($7,500) is proposed to be financed by the Trunk Sanitary Sewer Fund similar to all previous plan revisions and updates. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the update to the Eagan Comprehensive Sanitary Sewer Policy Plan. 3 Agenda Information Memo February 19, 1991 City Council Meeting AMENDMENT TO LOGIS JOINT AND COOPERATIVE AGREEMENT L. Amendment,LOGIS Joint and Cooperative Agreement--On January 17, 1991,the LOGIS Board of Directors, passed a resolution recommending an amendment to the LOGIS Joint and Cooperative Agreement. The City first entered into the agreement in 1980 and began using the LOGIS system for its data processing needs on January 1, 1981. For some time, the LOGIS organization has been concerned about the impact on its operating budget and therefore on the remaining member Cities if one or more of its members chose to leave the organization. Because of the nature of the computing business with the hardware, software and related lease agreements, the loss of significant revenue caused by a user withdrawing would not immediately or automatically translate to a reduction in expenditures. The amendment is designed to provide for a more structured budget process by the LOGIS organization and a more clearly defined withdrawal date for any member city. The amendment also clearly states the financial obligation if the withdrawal is not made in accordance with the date. City staff is in complete agreement that the amendment is necessary and will only strengthen the LOGIS organization. Assuming that any desired changes in membership are properly planned for, there should be no down side risk to any member city. Enclosed on page 46 is the resolution app loving the ment; on pages Land is a copy of the amendment; and on pages Wthrough 1.1 is a copy of the sections being changed by the amendment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the resolution approving the amendment to the Joint and Cooperative Agreement with LOGIS. 39- • RESOLUTION NO. RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEM (LOGIS): APPROVING AN AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED By the City of 6 p<Co1's%) (City) as follows: Section 1. Background: Findings. 1.01. The City is a regular member in good standing of Local Government Information Systems (LOGIS). The City is a party to the joint and cooperative agreement (Agreement) under which LOGIS was formed and operates. The Agreement has been entered into by the City and the other members pursuant to Minnesota Statutes, Section 4 71.59 (Act). 1.02. The Board of Directors of LOGIS have recommended that certain changes to the Agreement be made. Those changes are embodied in a proposed amendment to the Agreement (Amendment). A form of the proposed Amendment has been reviewed by this Council. The form of the proposed Amendment is on file with the City Clerk. 1.03. Under the Act the Amendment must be approved by all regular members of LOGIS to be effective. 1.04. It is found and determined that it is necessary and desirable for the orderly and efficient operation of LOGIS and the City that the Amendment be adopted. Sec. 2. Approvals: Authorization. 2.01. The form of the Amendment is approved. 2.02. The Mayor and the City C.. irk are authorized and directed ' to execute and deliver the Amendment on behalf or the City. The Clerk is authorized and directed to transmit a certified copy of this Resolution and the executed Amendment to the Executive Director of LOGIS. Mayor Attest: Clerk 0 AMENDMENT NO. 1 TO LOCAL GOVERNMENT INFORMATION SYSTEMS JOINT AND COOPERATIVE AGREEMENT The parties to this Amendment No. 1 (Amendment) are governmental units of the State of Minnesota. This Amendment amends certain provisions of the Joint and Cooperative Agreement (Agreement), effective May 1, 1972 which created Local Government Information Systems (LOGIS) and under which LOGIS operates. The Agreement and the Amendment are made and entered into pursuant to Minnesota Statutes, Section 471.59. Section 1. Article IX, Section 2 of the Agreement is amended in its entirety to read as follows: "Section 2. The annual budget of LOGIS must be adopted in the following manner: (a) annually prior to June 1 the Board will supply each member with a proposed preliminary budget; (b) annually prior to the annual meeting of the Board in July the Board will supply each member with a proposed budget adjusted for withdrawal notifications received pursuant to Article XII; (c) the annual budget must be adopted at the annual meeting of the Board in July. Promptly after adoption of the budget, the Board must mail copies of the budget to the chief administrative officer of each member. Upon adoption of the budget each member is obligated to LOGIS for the budgeted revenues and cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with this Article." Sec. 2. Article XII is amended by adding a new Section 2 to read as follows: "Section 2. A member who has not given notice of withdrawal on or before June 15 of a given year is obligated for the budgeted revenues and the cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with Article IX." Sec. 3. This Amendment is effective on the date that identical Amendments and resolutions authorizing their execution have been filed in the office of the Executive Director of LOGIS. IN WITNESS WHEREOF the undersigned governmental unit has caused this Amendment to be executed on its behalf by its duly authorized officers as of 1991. CITY OF E r.c„„,) By Its Mayor By Its Filed in the office of the Executive Director of LOGIS this day of , 1991. Executive Director 1.4 I , Section 7. It shall have authority to fix charges for the use of the programs and facilities of LOGIS, both as to members and nonmembers consistent with policies and guidelines established by the board. Section 8. All actions taken by the executive committee shall be subject to control by the board of directors as the board shall deem ad- visable. •." IlI,NCIAL'MATTERS Section 1. The fiscal year of LOGIS shall be the calendar year. +*ection 2. An annual budget shall be adopted by the board at the annual meeting in July of each year. Copies shall be mailed, promptly thereafter, to the chief administrative officer of each member. Such budget shall be deemed approved by the member unless, prior to October 15 of the year involved, the member gives notice in writing to the LOGIS secretary that it is withdrawing from the organization. Section 3. The board shall have authority to fix cost sharing charges for all members in an amount sufficient to provide the funds re- quired by the budgets of the organization. It shall advise the chief administrative officer of each member, on or before September 1 of each year, of the amounts of such charges falling within Classes 1 and 2 and the rates of such charges falling within Class 3, as such classes are defined in Section 5 of this article. Section 4. Billings for all charges shall be made by the board and shall be due when rendered. Any member whose charges have not been paid within 45 days after billing shall be in default and shall not be entitled to further voting privileges nor to have its director hold any office nor to use any LOGIS facilities or programs until such time as no longer in default. In the event that such charges have not been paid within 45 days after such billing, such defaulting member shall be deemed to have given, on such 45th day, notice of withdrawal from membership. In the event of a bona fide dispute between the member and the board as to the amount which is due and payable, the member shall nevertheless make such payment in order to preserve its status as a member, but such payment may be made under protest and without prejudice to its right to dispute the amount of the charge and to pursue any legal remedies avail- able to it. Section 5. The charges of LOGIS shall be divided, for cost sharing purposes, into three classes, to-wit: (a) Class 1 Charges. These charges shall be made to cover the organization's general, administrative and operational expenses not falling within Classes 2 and 3. Class 1 charges shall be made as fixed monthly, quarterly or annual membership dues. They shall be determined annually by the board of directors. They shall not be retroactively applied to new members. • (1(3 XI. ASSOCIATES Section 1. It is contemplated that certain governmental units may desire to follow, closely, the activities of LOGIS, to provide input into systems design, and to receive detailed information about system character- istics and performance, for the purpose of coordinating intergovernmental relationships. Such governmental units may affiliate with LOGIS as "as- sociates." Section 2. A governmental unit desiring to become an associate may do so in the same manner as is applicable to becoming a member, except as otherwise provided in this article. Section 3. At the time of joining LOGIS as an associate, the governmental unit shall indicate in writing that it is not joining as a member but as an associate. Section 4. An associate may appoint a director and an alternate director to the board but such director (or alternate) shall be without voting power, shall not be eligible to serve as an officer and shall not be counted for quorum purposes. Section 5. The board may establish the charges to be paid by as- sociates and for that purpose it may classify associates in accordance with their varying circumstances. Section 6. An associate may apply for membership status and become a regular member. Section 7. An associate may discontinue its association with LOGIS at any time by giving written notice of withdrawal to the secretary- treasurer of LOGIS. Withdrawal shall not relieve such withdrawing as- sociate from its obligation to pay any charges which the associate has incurred up to the time of withdrawal. #II. R14WAL Section 1. Any member may at any time give written notice of with- drawal from LOGIS. The nonpayment of charges as set forth herein, and the refusal or declination of any member to be bound by any obligation to the organization shall also constitute notice of withdrawal. (a) Actual withdrawal shall not take effect for a period of forty-five (45) days from the date of such notification. (b) upon effective withdrawal the member shall continue to be responsible (1) for all of its prorated share of any unpaid Class 2 ob- ligations, (2) for its share of Class 1 charges to the effective date of 'tthdrawal, (3) for its share of any Class 3 charges to the effective date of withdrawal and (4) for any contractual obligations it has separately incurred with LOGIS. Section 2. A member withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization shall for- feit its claim to any assets of the organization except that it shall have q(/ "P` access to any software developed for its use while it was a member, in accordance with and subject to the provisions of Article XIII, Section 5, Paragraph (b) . XIII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) a suf- ficient number of members withdraws from the organization to reduce the total number of members to less than six (6), or (b) by two-thirds vote of all members of the board. Section 2. In the event of dissolution the board shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit and subject to the provisions of this agreement. Section 3. Upon dissolution the remaining assets of LOGIS, after payment of all obligations, shall be distributed among the then existing members in proportion to their contributions, as determined by the board, provided that computer software prepared for such members shall be avail- able to them, subject to such reasonable rules and regulations as the board shall determine. Section 4. If, upon dissolution, there is an organizational deficit, such deficit shall be charged to and paid by the members and former members . on a pro rata basis, based upon the Class 1, 2 and 3 charges incurred by such members and former members during the two years preceding the event which gave rise to the dissolution. Section 5. In the event of dissolution the following provisions shall govern the distribution of computer software owned by the organiza- tion: (a) All such software shall be an asset of the organization. (b) A member or former member may use (but may not authorize reuse by others) any software developed during its membership upon (1) paying any unpaid sums due LOGIS, (2) paying the costs of taking such software, and (3) complying with reasonable rules and regulations of the board relating to the taking and use of such software. Such rules and regulations may include a reasonable time within which such software must be taken by any member or former member desiring to do so. XIV. DURATION This agreement shall continue in effect indefinitely, until termina- ted in accordance with its terms. IN WITNESS WHEREOF, the undersigned governmental unit has caused this 11( Agenda Information Memo February 19, 1991 City Council Meeting FINAL PLAT/TOWN CENTRE 100 - EIGHTH ADDITION - M. Final Plat,Town Centre 100-Eighth Addition—The final plat documents relative to the above referenced plat are currently being processed by the applicant and the Community Development Department. If all items are completed and executed in time for next Tuesday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meet�' a.A copy of the final plat as it appears for filing at Dakota County is enclosed on page 47 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town Centre 100 Eighth Addition as presented. 469 mmommommom • ii is .a� R'rYa = R YE a • [ et Vi I y• 7e a I$Ea > Igi s�"3! j' a 3 I €s F!. F s o.I : yc:8 9"g . S: .E 3 1511 3 3 �I l• 9 E' t q • i ;8 1142:1 z E3gC9 E a 2.yy a r II' 7M1 I sYe �e as ! s° l e323 ; tE •a I gg g � i 4 s : ;"1 ' i:i3 3 '101 a.. i s a 2 :6 1188: 3 PI ' 1 "s 14.8 a PE: i itE3a 3"^ : • 3' 4 gs B3 g :•:a s i�Ea r 1< ti 3 as ;! 423. . 1i_ • �ss ° z s E_I;,• i' E-=a 3333E Eq • : i a s 1. I I 3 Ili 's'° a 318 s ' ! ; ::t s 4 a g . � Z 3 . F a I1ai : Agenda Information Memo February 19, 1991, City Council Meeting ASSESSMENT APPEAL SETTLEMENT AGREEMENT N. Project 572, Consider Assessment Appeal Settlement Agreement--Project 572 provided for the upgrading and improvement of Lexington Way from Diffley Road to the north end of the cul-de-sac. Upon completion of that project, a final assessment hearing was held on September 19, 1990. During that final assessment hearing, one of the affected property owners objected to the assessments and proceeded to file a formal appeal to District Court. An appraiser was hired by the City to evaluate the benefits accrued to the property resulting from this improvement. As a result of this process, a formal Settlement Agreement has been prepared that is mutually acceptable to both the property owner and City staff and is being recommended for favorable Council action. The following is the property being presented for consideration of this Settlement Agreement. Parcel 10-02200-011-76 4115 Lexington Way David & Marcia Vogt ACTION TO BE CONSIDERED ON THIS ITEM: To consider the Stipulation For Settlement Agreement for Parcel 10-02200-011-76 and authorize the Mayor and City Clerk to execute all related documents. • • • Agenda Information Memo February 19, 1991, City Council Meeting FINAL ASSESSMENT HEARING (EAGANDALE CENTER INDUSTRIAL PK) A. Project 574, Final Assessment Hearing (Eagandale Center Industrial Park - Streetlights)--In response to a petition from the property owner/developer of this Industrial Park (Northwestern Mutual Life Insurance Company), streetlights were installed throughout this Industrial Park. Upon completion of this improvement, a final assessment roll was presented to the Council on January 15 with the final assessment hearing scheduled for February 19. Enclosed on page SO is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the origiil public hearing held on December 5, 1989. Enclosed on pages 3/ through �y are site plans showing the location of the streetlights and the benefitted properties being assessed for this improvement. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this final assessment public hearing. Staff will be available to provide further information pertaining to this improvement and its related final assessment roll and also will be available to respond to any questions that may arise during the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 574 (Eagandale Center Industrial Park - Streetlights) and authorize its certification to Dakota County. • FINAL ASSESSMENT EFARING PROJECT NUMBER: 574 ASSESSMENT HEALING DATE: FEBRUARY 19, 1991 EAGANDALE CENTER SUBDIVISION/AREA:.ND1ISTRT Ai. PARK PUBLIC HEARING DATE: DECEMBER 5 , 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: P.R. — Feasibility Report FINAL P.R. FINAL P.R. SANITARY SEVER RATES RATES STORM SERER RATES RATES ❑Trunk ❑ Trunk 0 Laterals ❑ laterals • ❑ Service ❑ Lat. - Benefit/ Trunk ❑ Let. Benefit/ Trunk RATER STREETS ❑Trunk ❑ Gravel Base ❑laterals ❑ Surfacing ❑ Service ❑ Res. Equiv. ❑Lat. Benefit/ .❑ Multi Equiv. 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AN:"T ‘ 741\ . y 4 J ��jj•'ii.•F�J.ti 4 'S F • sYSLE. _ �.+r.i'-w+.NiLlVL'� OEM .••�'.r.r.•_. — 1`I, �•t ........::t :: ;.s:.: 1�7�IL� • so,1 1 �m®® • El AREA TO BE ASSESSED FOR PUBLIC STREETLIGHTS • AREA TO BE ASSESSED FOR PUBLIC AND PRIVATE STREETLIGHTS • • STREETLIGHT LOCATION .5.- Agenda Information Memo February 19, 1991, City Council Meeting FINAL ASSESSMENT HEARING (CRAY ADDITION) B. Project 571, Final Assessment Hearing (Cray Addition - Trunk Storm Sewer)--As a condition of the final plat approval for the Cray 2nd Addition, the Council ordered the installation of trunk storm sewer facilities under Project 571 to provide an outlet from Pond GP-12. Upon completion of that project, a final assessment roll was prepared and presented to the City Council on January 15 witk a final assessment public hearing being scheduled for February 19. Enclosed on page , ` is a summary tabulation of the final assessment figures as compared to those contained in the feasibility report presented at the original public hearing held on September 5, 1989. Also enclosed on page 57 is a sketch showing the location of the proposed improvement in relation to the Cray development. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this final assessment hearing. Staff will be available to provide further information pertaining to this improvement and its related final assessment roll and also will be available to respond to any questions that may arise during the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 571 (Cray Addition - Trunk Storm Sewer) and authorize its certification to Dakota County. FINAL ASSESSMENT SEARING PROJECT NUMBER: 571 ASSESSMENT SEARING DATE: FEBRUARY 19, 1991 SUBDIVISION/AREA: CRAY ADDITION PUBLIC HEARING DATE: SEPTEMBER 5, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.B. — Feasibility Report FINAL P.R. FINAL P.R. SANITARY SEWER RATES RATES 'TORN SEDER RATES RATES ❑Trunk © Trunk $ .056/SF $ .056/SF ❑Laterals ❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk ❑ Let. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base ❑Laterals ❑ Surfacing 0 Service ❑ Res. Equiv. ❑Let. Benefit/ 0 Multi Equiv. Trunk ❑ C/I Equiv. 0 WAG 0 Trail SERVICES STREET LIGHTS ❑ Water & San. Sewer ❑ Installation ❑ Energy Charge CONTRACT * OF INTEREST AMOUNT CITY NO. PARCELS TERMS BATE (1SSESSED FINANCED $71,206.00 (F.R.) $ 7,230.00 (F.R.) 90-06 3 10 Yrs. 81 % t74.156.90 125.547.62 COMMENTS: OP GlimmIC 'P...MWii:MMUMWMggIalln :g r I ^ J N I CC r :et` W r: z :o: ID IM6.immAmmmwmmwm*m:::*:m w 0 ger V b t _ RN CC W ' � 0 o I--._ , It J`11 Z I 0 V"' / � 0 N Ne w CO Y �. I z i 0 0 Q «. CC 0 -i JJ o a CI I- I 1-- • idit O ii o �I N. J Q CC ` .0 w •(.,) 5, • CO \ 'e 1 C00( UNVE - I City of eagan approved: standard and '_,, PUBLIC PROJECT NO. 571 p # WORKS 1 "v DEPARTMENT 57 r Agenda Information Memo February 19, 1991, City Council Meeting FINAL ASSESSMENT HEARING (COUNTRY HOLLOW 2ND ADDITION) C. Project 541, Final Assessment Hearing (Country Hollow 2nd Addition - Trunk Storm Sewer)--As a condition of final plat approval for the Country Hollow 2nd Addition, the Council ordered the installation of trunk storm sewer facilities as necessary to service this development and other benefitting properties. This final assessment roll also includes a cost to be allocated against the Country Hollow 2nd Addition only for claims made by the contractor for additional costs associated with his inability to proceed within the contract schedule due to the developer's noncompliance with the time frames contained in his development agreement for site grading and preparation. Enclosed on page 5 is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the original public hearing held on August 2, 1988. Also enclosed on page la is a location map showing the relationship of the improvements to the assessment area. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. Staff will be available to provide further information pertaining to this improvement and its related final assessment roll and also will be available to respond to any questions that may arise during the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 541 (Country Hollow 2nd Addition - Trunk Storm Sewer) and authorize its certification to Dakota County. C FINAL ASSESSMENT HEARING PROJECT NUMBER: 541 ASSESSMENT HEAVING DATE: February 19, 1991 SUBDIVISION/AREA: Country Hollow 2nd PUBLIC HEARING DATE: A„p,cr 7, 19R11 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. – Feasibility Report FINAL P.R. VIRAL P.R. SSANITARY SEVER RATES RATES” STORM SEWER RATES RATES [1] Trunk - © Trunk $.083/sf $.083/sf Delay [11 Laterals © Literate $116. 92/lot -0- ❑ Service ® Let. Benefit/ Trunk $1,124. 74/Ac. $1 ,250/Ac._ © Lat. Benefit/ Trunk -0- $31. 70/1f WATER STREETS ❑Trunk ❑ Gravel Base ❑Laterals ❑ Surfacing [' Service — ❑ Res. Equiv. . ❑Let. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. . ❑WAC - ❑ Trail SERVICES STREET LIGHTS ❑ Water & San. Sewer ❑ Installation ❑ Energy'Charge CONTRACT R OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $2,835.00 89-16 38 5 Yrs. Rn $ 71,475.00 $ R5 F. R F.R. COMMENTS: • SE 1/4, OF SE 1/4 SECTION 24 • • P . :. �*v i 'ART OF OUTLOT A• OVENTRY PASS ■ $ • ' -4,-,i. `-' 641 •iw•: rr ari ce .- .i v:M : w .�y—_ , �j'fb l •7 o . M1 4 a a' .7.. Qs" .4-- .- . a`P'Pri, :7:...::::::::::::::L:::::#::::::::::::. -..."2:•••:::::::::::::::iiiyi::::i.•::::::::::::::::;::::::::.::::::::::?. r s. r: • . a * ri.:::::::.:.:::ia.:..-.•.:-.....:•:. •••••.e.-- •••••.•••••.•:f.:•:•...:•:. -1,,, ....... . - -, -,,: 0. -•..1, • : its, -.!....... ...e.}.............. , . ............ ...- ....:::...... -'7.. "ttr 's - -g'• --..i 16.1-1 r :L :=::::':::::. ::.:H:...' :: :■ • . •: : 'r• a.•t k t k0- O= :� ` } �: k -'+•Pl • a' i : �i A�. : J . s'. • t. •'tn• ..::: ,•':'' i •,•-::v ear—: •..•. ~-•:.:.::::.:.::::::....:•;.........................:.. .....: : q... A ` ' Mi .Ilit 1 -:; .�f p 4C •* - _'- .-•S1- y (/fiO • 2e 3 ` .1: ,: •S, • = STORM SEWER LOCATION W r .• ......••••......•••• A • STORM SEWER TRUNK .. LATERAL PROJECT 541 BENEFIT STORM SEWER TRUNK • 1. gay • city of eagapproved: Plate $standard approved + WORKS DE PARTME (4 0 Agenda Information Memo February 19, 1991 City Council Meeting - CITY CODE AMENDMENT/PAWN SHOP REGULATION AND LICENSING A. Amendment, Ordinance, Chapter 6, Other Business Regulation and Licensing, Section 6.44 Pawn Shops--At its meeting of February 5, 1991,the City Council considered the above referenced amendment and continued it to February 19, 1991,with specific direction to City staff to research certain issues raised at the meeting. Legal Counsel has since advised that a new ordinance is being drafted for Council's consideration. Unfortunately, this draft ordinance will not be available in time for the February 19 meeting and it is requested that the item be formally continued to the March 5, 1991 regular City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To continue an ordinance amendment to Chapter 6 of the City Code relative to other business regulation and licensing, Section 6.44, Pawn Shops to the March 5, 1991 regular City Council meeting. (.1, I Aims Agenda Information Memo February 19, 1991 City Council Meeting NEWAVMESS SIDEYARD SETBACK VARIANCE/WHISPERING WOODS THIRD ADDITION A. Variance,John Vogstrom, 1.5' to the 10'Sideyard Setback Requirement Located on Lot 1, Block 1, Whispering Woods Third Addition--An application has been received of John Vogstrom requesting a 1.5 foot variance to the 10 foot sideyard setback to permit construction of a house and three-car garage at 4805 Slater Road. For additional information with respect to this application, please refer to the s.unity Development Department staff report which is enclosed on pages(3 through #for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 1.5 foot variance to the 10 foot sideyard setback requirement located on Lot 1, Block 1, Whispering Woods Third Addition as presented. (C) SUBJECT: VARIANCE APPLICANT: JOHN VOGSTROM LOCATION: LOT 1, BLOCK 1, WHISPERING WOODS 3RD ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: FEBRUARY 19, 1991 DATE OF REPORT: FEBRUARY 11, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by John Vogstrom requesting a 1.5' Variance to the required 10' side yard setback. The applicant is proposing to construct a house and triple car garage at 4805 Slater Road. The applicant has redesigned the house, removing 2' from the house dimension and 3' from the garage. The size of the house cannot be further reduced. • As the applicant has explained to staff, the total width of the house is 69'. If you include the 15' necessary for side yard setbacks (10' house side, 5' garage side), the total lot width is 84'. The lot is 85.455' wide at the required 30' front yard setback. At that point, there is almost 1.5' extra, however, the lot narrows towards the back. The width of the lot at the back of the garage is 83.224'. This is approximately 1' less than what would be needed; therefore, the applicant has proposed to place the house 8.5'from the side so the garage will not encroach into a drainage and utility easement. If approved, this Variance shall be subject to all applicable Code requirements. - om(-. (!( 'j�� . 1 _ � Ilwwjii �"' i 1` u x o SLATE 5 3 I o-III ,�! i a PARKS • _ - r glOW 9 if 111440 , SW RSd ,^ L l P� Street Map Comp Guide Plan Map (03 ,.o '' ••ice . ':•' ' yy .... 7""`.li.'14i,d" c.•:''• j •( 5 - M.. t \• 'la �Q ... -3i t' �,• `t• •.�; •� .•� if 1 *7 O •R • t, ' . do %':. ia.i" a•E F i ti • ' O ,' M a � j . 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MOINNWeNkINNoi.slit ,W a : M I Z 1 � 4 ? , _° t; 1 I : 0• Q 0- Ill 0 1 • Q ° c - • q z'�' a I Q � � ml � : d � t to `� � : .z-,_ . po 1 :,. .,,c :,..,! ?qt.:, 4: L c i m s 1 U) t • — _ V\ '4 J � :°, I Igo , •r 1Z.33— . - I57. 80 L- -41 • 1 N 8y°08'Ry"'k/ 5 II 1 N L1:6111_ 04-11t..* i".- 3 0' DEXR.1PTtay.t ALL- $6. •RI•L1 11,4S1.)MElJ L0T I 1 St..ocK. I) obeiJare- tRp►J MQMuMEh1T ■r44■SPEi.IP4 4 Woo •S THtR.b P bb1Ttot4j b -°TA Gov SI T-ei M iJ aI E SoT A I hereby certify that, this survey was prepared by me or under my direct supervision and that I am a dulu Registered Land Surveyor under the Laws of the State of Minnesota. Date: f:,F,,.,,,. /l" i99( i •f � 1 Registered Land Surveyor No. 10795 Agenda Information Memo February 19, 1991 City Council Meeting REVISED SPECIAL ASSESSMENTS POLICY MANUAL B. Revised Policy Manual, Special Assessments--In recent months, City staff including the City attorney and financial consultant,have been reviewing the revisions to the City's Special Assessments Policy Manual. The purpose of this revision was to incorporate previously approved policies as well as revisions of policies in a single unified docun�g}ent. The policy manual as proposed is enclosed for your review on pages (1 through (dz, In addition to incorporating all previous policy elements, the proposed manual incorporates a detailed definition section to assure the uniform use of terms by and between policies in this regard. It also outlines and defines all currently used assessment methods, assessment procedures for irregularly shaped lots and a reallocation of special assessments process. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the revised Special Assessments Policy Manual as presented. (.9 Ct9 A GENERAL POLICY RELATING TO LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS FOR THE CITY OF EAGAN, MINNESOTA AS PROVIDED FOR BY EAGAN CITY CODE, CHAPTER 2.74. Section 1. Classification of Projects SUBDIVISION 1: IN GENERAL. Public improvements are divided into three classes specified in the following subdivisions according to their respective benefit to the whole City and to property specially served by the improvement and taking into account past City practice. Apportionment of the cost between benefitted property and the City at large and the method of levying assessments prescribed in these sections should be followed in each case unless the Council determines that a different policy is necessary or desirable in the particular case. SUBDIVISION 2 : CLASS A. Class A improvements are those which are of general benefit to the City at large including, but not limited to: (1) public buildings, except a building which is part of an improvement described in one of the following subdivisions; (2) any public park, playground, or recreational facility; and (3) any improvement not described in M.S. §429. 021, Subdivision 1. Any such improvement shall be financed from the appropriate City fund and not from special assessments. SUBDIVISION 3 : CLASS B. Class B improvements are those which have special benefit to abutting and/or nearby property. Class B improvements include, but are not limited to: (1) trunk water mains; (2) trunk sanitary sewer mains; (3) construction, maintenance, widening and/or reconstruction of arterial/collector streets; (4) trunk storm sewers; (5) traffic signals; (6) street light systems; and (7) pond improvements. SUBDIVISION 4: CLASS C. Class C improvements are those which are primarily, if not exclusively, of benefit to property abutting or in the area of the improvement including, but not limited to: (1) sidewalks; (2) water mains; (3) sanitary sewer mains; (4) storm sewers; (5) the construction, maintenance, widening and/or reconstruction of local streets; and (6) street light systems. SUBDIVISION 5: DEFINITIONS. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, for the purpose of every section, subdivision, paragraph and provision of this Special Assessments Policy, shall have the following meanings and inclusions: a) "Adopted Assessment" means an assessment that has been approved by the City Council. b) "Area Assessment Method" means the assessable cost of the improvement is allocated to benefitted parcels using a ratio of the assessable area of the parcel to the assessable area of the improvement. c) "Assessable Cost" means that portion of the Improvement Cost to be financed by special assessments against benefitted properties. d) "Assessable Footage" means the linear dimension of a parcel reduced by all applicable credits which is used to provide a fair and equitable method of spreading the assessable cost to the benefitted parcels. e) "Assessment Method" means the method by which assessable costs are distributed to the benefitting parcels. Commonly used methods which are defined elsewhere: (1) per lot, (2) lot equivalent, (3) area, (4) linear, (5) lump sum, (6) access/connections, (7) volume generation factors, etc. (See Attachment A) f) "Assessment Rate" means the assessable cost of the improvement divided by the number of lots, lot equivalents, assessable footage or area as determined by the assessment method used. An assessment rate may be "weighted" to apportion the benefits of the improvement fairly and equitably to properties of differing zoning and use. g) "Certified Assessment" means an assessment that has been adopted and forwarded to the County Auditor for extension on to the property tax rolls. h) "Connection/Availability Charge" means a fee required of the benefitted property owner to connect to a City utility. This fee compensates the City for expenses incurred to provide and maintain a reliable utility delivery system. i) "Deferred Assessment" means a certified assessment for which levy will be delayed. These may be legislative deferrals, i.e. , Green Acres, Senior Citizen or other deferral of payment by the Council. j) "Equivalent Assessment" means an assessment levied against a property when an oversized utility or street improvement abuts the property. The assessment is computed using an assessment rate that estimates the cost of a utility lateral or local street requirement as necessary to provide the minimum standard depending on the property's zoning or use. (Ja k) "Front Side" means the side from which primary access is taken in the case of street improvements and the addressed side in the case of utility laterals and services. If the parcel is undeveloped, the front side is the side abutting the actual improvement. 1) "Improvement" means development or redevelopment of any physical construction, reconstruction, maintenance, alteration, installation, or other activity to public infrastructure or buildings that provide better or continuous service. m) "Improvement Cost" means the total cost of the improvement which shall include but not be limited to: construction, engineering, administrative, legal and bonding, interest, right-of-way, easement and other costs associated with the improvement. n) "Lateral" means that portion of a utility improvement that provides direct service to a limited area as necessary to provide minimum standard service to meet its immediate or future demands. o) "Lateral Assessment" means the assessable cost of that portion of the improvement that relates to the lateral. p) "Lateral Benefit From A Trunk" means that portion of a trunk facility that provides direct lateral service to abutting parcels. (See also equivalent assessment. ) q) "Levied Assessment" means an adopted assessment that is extended onto the property tax rolls for collection by the County. r) "Linear Assessment Method" means the assessable cost of the improvement is allocated to the benefitted parcels using a ratio of assessable frontage of a parcel to the total assessable footage in the improvement. s) "Linear Improvement Rate" means the assessable cost of the improvement divided by the abutting footage in the improvement. t) "Local Street" means any public thoroughfare that is designed and built at the minimum standard requirements to serve the adjacent property and/or immediate surrounding area. u) "Lot Assessment Method" means the assessable cost of the improvement is allocated equally to each existing lot benefitted by the improvement. (0 CA. v) "Lot Equivalent Assessment Method" means the assessable cost of the improvement is allocated to the benefitted parcels using a ratio of the number of standard lots included in an existing parcel to the number of standard lots benefitted by the improvement. Standard lots are those lots which could be created from future lot splits and meet the City's lot size requirements. w) "Lump Sum Method" means the assessable cost of the improvement is allocated to a single parcel. x) "Major Street" means any street that is oversized beyond what is necessary to provide minimum standard service to the abutting property. These streets are generally identified in the Functional Classification of City Streets in the Comprehensive Guide Plan. y) "Minimum Standard" means those dimensions as defined in the City's adopted Engineering Standards Manual. z) "Net Assessable Area" means the gross area of the parcel reduced by any dedicated pond easements and reduced by all dedicated public right-of-way or roadway easements. In addition, if any unplatted parcel exceeds 3 acres after applying these credits, then a potential future right-of-way dedication will be further credited on the basis of 20% of the residual assessable area. aa) "Oversizing" means the increase in size of infrastructure beyond what is necessary to provide minimum standard service to the immediate serviceable property. bb) "Postponed Assessment" is a commonly used term which means an improvement obligation that was not certified to the County, but will be enforced through contractual agreement between the City and the property owner. The future amount of the assessment, interest rate, and term of the assessment are determined at a later date. cc) "Reallocation of Special Assessments" means an allocation of special assessments to parcels other than those specifically benefitted under provisions outlined in Appendix B. dd) "Sidewalk" means a pedestrian walkway accommodating 2-way walking traffic usually constructed of concrete, brick or other masonry material and usually 6' or less in width. ee) "Special Assessment" means an apportionment of the assessable cost of the improvement to the benefitted property. 1 0 ff) "Trail" means a pathway to accommodate 2-way pedestrian and nonmotorized cycle traffic usually constructed of bituminous, gravel or landscape material and usually 8 ' or greater in width. gg) "Trunk Assessment" means an assessment for a trunk facility based upon assessable area and the trunk facility rate. hh) "Trunk" means facilities and related equipment and appurtenances where the utility mains are greater than the minimum standard requirements for laterals. Trunk utilities (or oversized laterals) provide for lateral service availability to a defined service district or the community at large. Trunk facilities include but are not limited to sanitary sewers, water mains, ponds and storm sewers as defined by the adopted Comprehensive Engineering Study. ii) "Trunk Area Cost" means the cost of trunk improvements less the cost of any minimum lateral requirements included in the trunk improvement. jj ) "Trunk Storm Sewer" means ponds, pipes, equipment and related appurtenances that are designed to accommodate the surface water runoff from specific drainage districts (as identified in the City's adopted Comprehensive Storm Water Management Plan) . It also includes all pipes which serve as connectors between ponds as well as the outlet systems from designated pond areas as identified in said Comprehensive Plan. kk) "Utility Service Line" means a small sized pipe extended from the utility lateral to the abutting property line or easement line as necessary to allow a private connection for utility service. 11) "Utility Service Assessment" means the assessable cost of that portion of the improvement that relates to the utility service line. Section 2 : Financing Class B and Class C Improvements SUBDIVISION 1: FINANCING IN GENERAL. It is the policy of the City to finance Class B and Class C improvements by the methods prescribed in Sections 3, 4, and 5. The apportionment of the cost between benefitted property and the City at large and the method of levying assessments prescribed in those sections should be followed in each case unless (the Council finds that because of special circumstances, a different policy is necessary or desirable in the particular case. ) Any local improvement described in M.S. §429.02 and not placed in Class A, B, or C by Section 1 shall be financed as the Council determines to be most feasible and equitable in each case and the Council shall examine the assessment roll before adoption. SUBDIVISION 2 : CONNECTION/AVAILABILITY CHARGES. Pursuant to Eagan City Code, Chapter 3 provides for a connection and availability fee. The connection/availability charges are for water utility (3 .06) , storm water drainage utility (3 .07) , and sanitary sewer utility (3 .08) . Section 3: Assessment Regulations for Class B Improvements SUBDIVISION 1: TRUNK WATER, STORM SEWERS AND SANITARY SEWERS IMPROVEMENTS a. Trunk Area and Benefits Trunk improvements for sanitary sewer, water and storm sewer consist of trunk facilities and mains constructed of larger diameter pipe than is necessary to provide minimum standard service to meet the needs of the adjacent property. This oversizing is provided to accommodate the cumulative needs of the entire service district(s) or community at large. The difference in the cost of the minimum standard lateral requirements for the adjacent property and the oversizing requirement and related appurtenances for the larger service district(s) is called the Trunk Area Cost. This Trunk Area Cost shall be assessed to all benefitting properties on an area basis and can include all unassessed costs of previous publicly installed Trunk improvements providing service to the assessable benefitted property. The assessable area for Trunk Water Oversizing and related Trunk Area As3cscmcnto Improvements will incorporate all property that has at least 51% of its land lying within one-quarter mile on either side of the Trunk Main and any additional property that is or will be serviced by the Trunk through the installation or extension of a lateral. The assessable area for Trunk Sanitary and Storm Sewer Oversizing and related Trunk Area Improvements will incorporate all property that has at least 51% of its land lying within the district(s) serviced by the Trunk as defined by the most recent Comprehensive Sanitary or Storm Sewer Plan (as modified by any recent topographic changes) and any additional property that is or will be serviced by the Trunk through the installation or extension of a lateral. b. Lateral Benefit From a Trunk Utility and Assessments When a Trunk Sanitary Sewer, Water Main or Storm Sewer System is constructed adjacent to or within a parcel allowing direct connection of services thereby precluding the need to construct a separate lateral system, or portion thereof, the property roperty shall be assessed the equivalent cost of constructing the lateral system required as if the Trunk facility were not immediately available. The Lateral Benefit from Trunk Assessment will be calculated on a linear or lump sum basis and allocated to the benefitted property by one of the commonly used assessment methods. "73 SUBDIVISION 2: MAJOR STREET IMPROVEMENTS a. Equivalent Street Assessments When a public street is constructed, widened, renovated and/or rebuilt to standards greater than the minimum local street requirements of the adjacent property, the actual improvement costs of (up to and including) the calculated equivalent assessment for a local street improvement shall be assessed against the benefitted property on the basis of its highest and best use and/or access connections. All improvement costs of oversizing the public street to its functional classification design standards beyond the local street requirements will be responsibility of the City. The equivalent street assessment is allocated to the benefitted properties by a commonly used assessment method. The credits allowed for only low density residential land use/zoning and their access is shown on Attachment "C". b. Street Reconstruction/Maintenance Attachment "D" is a matrix that identifies the percentage of the improvement cost of various types of street improvements to be used in determining the assessable cost to be allocated against the benefitted property based on the highest and best use. (4( Section 4: Assessment regulations for Class C improvements SUBDIVISION 1: CLASS C IMPROVEMENTS The cost of Class C improvements shall be assessed to the benefitting properties using one or a combination of the commonly used assessment methods. SUBDIVISION 2: SIDEWALKS The cost of the construction of sidewalks other than those identified in the adopted Comprehensive Trails Plan shall be assessed to property abutting the sidewalk using one of the commonly used assessment methods. SUBDIVISION 3: STREET RECONSTRUCTION/MAINTENANCE The assessable cost ratios for various types of street reconstruction and/or maintenance improvements are shown in Attachment "A" . The credits allowed for only Low Density Residential Land Use/Zoning and their access is shown on Attachment "C" . 1-1 ( Section 5: Special regulations SUBDIVISION 1: CORNER LOTS When assessing by the linear method, a corner parcel may be eligible for a corner lot credit. To be eligible for a corner lot credit improvements must abut more than one side of the affected parcel. For undeveloped parcels, credits will be granted at the time of the second or third improvement affecting the parcel. In any assessment made using a linear method, except for water or sanitary sewer, corner lots shall be assessed for footage along the front side of the lot plus one-half of the remaining side(s) footage up to 150 feet, to a maximum of 75 feet of credit. In the case of an assessment for a Class C utility lateral, corner lots shall be assessed for the footage along the front side of the lot and shall be assessed for any footage that exceeds 150 feet along the remaining side of the lot. Corner lots with a radial corner shall be measured to the mid-radius point when determining frontage on either side. See Attachment A. SUBDIVISION 2: INTERSECTIONS The cost of sanitary sewer, storm sewer, water mains, and street improvements in street intersections shall be part of the assessable cost. SUBDIVISION 3: ADJUSTED FRONTAGE When the amount of an assessment is determined using a linear method, an equivalent front footage shall be determined according to the following rules when an irregularly shaped lot requires such an adjustment to maintain fairness and equity in an assessment; (a) Front footage shall be measured at setback on cul de sacs and sharply curved streets and irregularly-shaped lots. (b) Equivalent front footage shall be determined by dividing the area of the irregularly shaped lot by the general lot depth of the other lots within the subdivision where other rules do not apply. (c) Where frontage curves so greatly as to give a general appearance of a corner, the lot shall be considered a corner lot and equivalent front footage, as well as side footage where required, determined on the basis of an irregularly-shaped lot. See Attachment A. SUBDIVISION 4: DEFERMENT OF SPECIAL ASSESSMENTS FOR SENIOR CITIZENS (Such requirements are provided for by ordinance, Eagan City Code 2.75) . W SUBDIVISION 5: PARTIAL PREPAYMENT OF SPECIAL ASSESSMENTS (Such requirements are provided for by ordinance, Eagan City Code 2.76) SUBDIVISION 6: POND EASEMENTS - AREA CREDITS (Policy 82-3) When calculating net assessable area or frontage in determining assessments, all land that lies within or abuts a defined, dedicated ponding easement of a designated Comprehensive Storm Sewer Pond/Lake shall be deleted from area or frontage calculations. No area or frontage deduction, credit and/or refund would be allowed without the dedication of a pond easement. SUBDIVISION 7: TRUNK AREA STORM SEWER ASSESSMENTS FOR PARKLANDS (Policy 86-2) Trunk area storm sewer special assessments against property zoned or designated for park purposes shall be calculated on the basis of benefit received from a particular project. Benefit shall be determined to be equal to one-half the single-family/agricultural zoned rate in effect at the time of the public hearing for all passive, undeveloped, open-space parkland. Any portion of parkland that is developed to a higher intensity use shall be assessed at a comparable zoning equivalent by comparing the volume and rate of surface water run-off. An incremental area calculation shall be performed to define the difference in assessment rates if applicable. Section 6: Federal, State, and County Aid Use (Current Policy 82-5) Pursuant to M.S. §429.051, properties adjacent to roadway improvements that incorporate cost participation by the City in combination with Federal, State and/or County funds should be assessed an amount equal to the benefit received as determined by the predetermined equivalent front foot assessment rate for the appropriate zoning classification of the benefitted property regardless of the ratio of financial contribution by an outside funding source involved. Section 7: Utility Service Lines Water and sanitary sewer lines shall be installed from the main if available to the property line of property to be served before any permanent street surfacing is constructed in the street. Attachment "A" Assessment Method Examples METHODS OF ASSESSMENT Different methods of assessing property are available, and the particular method used will be the one which best allows for an equitable distribution of the cost, as determined by the City Council upon recommendation of the City Engineer. A description of each assessment method is presented here. 1. PER LOT METHOD When the per lot method is used, all lots served by the improvement will be assessed equally. EXAMPLE Assessable Cost - $2000* Number of Lots - 10 Per Lot Assessment - $200 *Assessment rates used in this section are for illustrative purposes only. 2. LOT EQUIVALENT ASSESSMENT METHOD Future Lots When the lot equivalent method is i used, the assessment rate is 1 i computed using a divisor equal to the total of existing lots and 1 future lots that could be created as the result of lot splits. Existing Lots/Parcels Example Assessable Cost $1,800 Number of Lot Equivalents 9 Lot Equivalent Assessment Rate $ 200 per lot equivalent Assessment Methods (Cont'd) 3. AREA METHOD Assessable area can be expressed in terms of any commonly used method that defines area. When determining the assessable area, the following will be considered: Pond Credit Lakes, ponds, and swamps will be considered as part of the assessable area of a parcel. However, the property owner has the option of giving a storm water pond easement for the land under the lake, pond, or swamp to the City. If a pond easement is given, a credit equal to the area of the pond easement is to be subtracted from the gross area of the parcel before determining other credits. Street Credit An allowance will be made for streets. For platted parcels, the area of dedicated public right-of- way streets will be deducted. When the parcel is unplatted, and no streets have been platted within it, 20% of the gross area will be deducted as a credit for streets. If, after deducting the pond credit, the result is a parcel of less than 3 acres, the 20% street credit will not be allowed. EXAMPLE Total Area 10.0 acres Ponding Area 2.0 acres 8.9 acres 20% Street Credit -1.6 acres Net area of parcel 6.4 acres Assessment rate x $500/acre 10 ACRES Total Assessment $3,200 Area Method (covet) Parcel Gross Pond Assessable 5 ACRES 20 ACRES o. Area Credit Area #1 5 1 4 2 20 4 16 4,401.. 3 20 3 17 4 5 0 5 20 ACRES 50 8 42 0 Q Improvement Cost $42,000 Assessment Rate 10 acre pond $42,000 = 42 = $1,000/acre /// easement area Assess Assessable Assessment Parcel Parcel # Area Rate Assessment 1 4 $1000/A $ 4, 000 2 16 $1000/A 16, 000 3 17 $1000/A 17, 000 4 5 $1000 5,000 4 . LINEAR METHOD To determine the assessment for a particular parcel, the "assessment rate" is multiplied by the parcels assessable footage (adjusted frontage) Assessment Rate $10. 00/front foot Parcel A Gross footage 1000 front feet Less frontage related to pond easement (500) front feet Assessable Footage 500 front feet (adjusted frontage) Assessment 500 front feet @ $10.00 per front foot = $5, 000. 00 III Area Method (con't) CORNER LOTS - EXAMPLES A. Utility Laterals Platted lots zoned -- assess along both sides (if laterals pass both sides) , with a side lot allowance of 150' . When determining front footage, measure at the building setback JI line. 175' ZXAMPLE 175 ' 200 ' 375' Corner lot allowance (150) Adjusted Front Footage 225' Unplatted parcels -- a corner lot allowance of 150 ' will be given at the corner of all unplatted parcels. (Given only when utilities pass both sides. ) EXAMPLE 400 ' 400' 250 ' 650 ' Corner lot allowance (150) Adjusted Front Footage 500 ' 0 • Area Method (con't) CORNER LOTS - EXAMPLES B. Streets B. When assessing streets -- all property 1. Assess the short side and one-half of the long side lot line up to 150' , with a total credit of 75' . EXAMPLE I 100' Side lot credit: 140' = 70' 2 o 140' 4 100 ' 240 ' Corner lot allowance 70 I Adjusted Front Footage 170 A minimum and maximum front footage will be established for residential lots for assessment purposes. 74:1/( Area Method (con't) Examples Adjusted Frontage Rectangular Lots Gross - X length of pond easement X le--Adjusted Cul-de-sac lots, - Curved Streets and Irregularly Shaped Lots Measure lot width at building setback line Building Setback 60' EXAMPLE Adjusted front footage - 60 ' Lots with Curved Frontage Measure the lot width at the building setback line; or Measure the lot width at the front lot line. EXAM PLE EXAMPLE Adjusted front footage - 110' Adjusted front footage - 100' Area Method (con't) EXAMPLES ADJUSTED FRONTAGE Equivalent front footage shall be determined by dividing the area of the irregularly shaped lot by the general lot depth of other lots in the subdivision. PP' TIP *Area = 14,856 s.f. General lot depth = 132' Equivalent front footage = 14,856 = 132 = 112 .5 ft. , /// Irregularly shaped parcels ---� 0--- General lot depth Area Method (con't) EXAMPLES ADJUSTED FRONTAGE Where frontage curves so greatly as to give the general appearance of a corner, the lot shall be considered a corner lot and equivalent front footage as well as side footage where required, determined on the basis of an irregularly shaped lot. 4 .1p 77 EXAMPLE = MID RADIUS POINT i 3 1 IRREGULAR SHAPED PARCELS . gl 44,° IRREGULAR SHAPED PARCELS qo ATTACHMENT "B" Case N !`- Counci ►,,-� Fee: I/ Date Paid:nIZAIW Receipt Numb CITY OF EAGAN 3830 Pilot Knob Road Box 21199 Eagan, MN 55121 REALLOCATION OF SPECIAL ASSESSMENTS APPLICATION • Applicant Company: (Please Print) Address City State Zip Telephone I. A. Applicants have the responsibility of checking with the Finance Department to discover if the assessments have been certified to the County Auditor. Reallocation of Special Assessments must be applied for prior to certification to the County. B. No application will be approved unless all of the following requirements have been complied with. II. Applicant's Requirements:A. Submit the completed application and application fee to the Finance Department B. Submit written explanation of the reason for the request to reallocate the special assessments. C. Submit written identification of the assessed property and a breakdown of the assessments against that parcel. i D. Submit written identification of the additional properties upon which the as- -ssments are being requested to be spread the status of assessments levied against tho / • ' ties. Ili E. Submit verification of the last p• • ed County Assessor's determination of market lue for the property upon which the assessments are to be spread. F. Submit an Attorneys' Title Opinion or a Commitment by a Title Company setting forth the names of all parties who have an interest in the property upon which the assessments are being requested to be spread to include all mortgagees and other encumbrancers. G. Submit Consent to Reallocation of Assessments and Waiver of Public Hearing and Right to Object executed by owners and encumbrancers of the property upon which the assessments are being requested to be spread. H. Attend all City Council meetings and other meetings pertaining to the application. III. Schedule: A. Once the application, fee and all required documentation have been accepted by City staff, it will be scheduled for a public meeting at the next available City Council meeting. B. After City Council review and its finding that the reallocation of the assessments as requested by the applicant would not adversely impact the City's ability to collect the assessments and adoption of Resolution, an Agreement to Reallocate Special Assessments will be forwarded to the County Assessor and the County Recorder. The undersigned hereby acknowledges and accepts the responsibility to keep informed of the progress of this application and to comply with all of the applicant's requirements listed above. Dated: Applicant: Dated: Owner: Subscribed and sworn to before me this day of 1990. q.)-- Notary Public CHECKLIST: A. Application, Fee Received & Approved by City Staff. B. Written Explanation of the 4n for the Request to Reallocate the Special ry 4 nts Received & Approved by City Staff. C. Written Identification of the As ssed Property and Breakdown of the Assessments against that Parcel Received & Approved by City Staff. D. Written Identification of the Additional Properties upon which the Assessments are Requested to be Spread and Status of Assessments Levied against those Properties Received & Approved by City Staff. E. Verification of Last Published County Assessors Determination of Market Value for Property upon which Assessments are to be Spread Received & Approved by City Staff. F. Attorneys' Title Opinion or a Commitment by a Title Company setting forth the Names of All Parties who have an Interest in the Property upon which the Assessments are being requested to be spread to include all Mortgagees and other Encumbrancers. G. Consent to Reallocation of Assessments and Waiver of Public Hearing and Right to Object executed by Owners and Encumbrancers of the Property upon which the assessments are being requested to be spread Received and Approved by City Staff. H. City Council Review and Adoption of Resolution Authorizing Reallocation of Special Assessments. I. Agreement Reallocating Special Assessments filed with County Assessor. J. Agreement Reallocating Special Assessments filed with County Recorder. CONSENT TO REALLOCATION OF SPECIAL ASSESSMENTS I declare that I am the of the following described property and hereby sent to the Reallocation of Special Assessments to said property as follows: PROPERTY DESCRIPTION: REALLOCATED ASSESSMENT DESCRIPTION: DATED this day of , 1990. By: Its: By: Its: WAIVER OF PUBLIC HEARING AND RIGHT TO OBJECT TO REALLOCATION OF SPECIAL ASSESSMENTS I declare that I am the /� of the following described property and hereby �"4` notice of any and all hearings necessary and waive objection to afc nical defects and any proceeedings related to the special assessme s and further waive the right to object to or appeal from the allocation and levy of the assessments made in connection with the reallocation of special assessments: PROPERTY DESCRIPTION: III REALLOCATED ASSESSMENT DESCRIPTION: DATED this day of , 1990. By: Its: By: Its: EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Co it of the City of Eagan, Dakota County, Minnesota, was duly held Eagan Municipal Center located at 3830 Pilot Knob in said City on , 1990, at 6:30 p.fitf^v�N The following members were present: Ega Wachter, Gustafson, McCrea and Pawlenty; the following members were absent: none. * * * * * * * * * * * * introduced the following resolution and moved its adoption: CITY OF EAGAN RESOLUTION AUTHORIZING REALLOCATION OF SPECIAL ASSESSMENTS PROJECT NO. WHEREAS, the City Council on , 19 formally received a final assessment roll and scheduled a formal public hearing to be held on , 19_; and WHEREAS, the City Council on , 19 approved the final assessment roll for Project No. ; and WHEREAS, the of the property requested that the financial obligations for certain property be reallocated. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, : 1. That the Reallocation of the Assessments as requested by the applicant would not adversely impact the City's ability to collect the assessments. 2 . That the assessments now levied against be reallocated to DATED this day of , 1990. • CITY OF EAGAN By: /+ Tho s'/�,c, Egan Its MakOp K''41,(/:/? n ATTEST: By: E. J. VanOverbeke Its City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Egan, Wachter, Gustafson, McCrea and Pawlenty; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. T7 AGREEMENT AUTHORIZING REALLOCATION OF SPECIAL ASSESSMENTS AND WAIVER OF HEARING THIS AGREEMENT is entered into this ___'�.. ; of «fib 1990. WHEREAS, , submittie- ' an application to the CITY OF EAGAN requesting that the City reallocate certain levied assessments which are assessed against the following described property: and WHEREAS, the present levied assessments against said property are as follow: S.A. # ASSM. DESC. YEAR YEARS RATE TOTAL ANNUAL PRIN. and WHEREAS, by Resolution of the Eagan City Council approved on , 1990, the City of Eagan has agreed to reallocate the above described levied assessments to the following described property in the following manner: NOW THEREFORE, it is hereby agreed as follows: 1. Upon the filing of this Agreement with the Dakota County Assessor and the Dakota County Recorder, the above described assessments shall be reallocated and assessed as follows: 2. I for themselves, their heirs, executors, administrators, successors and assigns, hereby consent to the levy of the assess /+ is and further hereby waive notice of any and all hea ��O cessary and waive 4-; i<■ objection to any technical, defects ai4^' Orly proceedings related to the assessments and further waive the right to object to or appeal from the allocation and levy of the assessments made to this agreement. By: Its: By: Its: STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of 1990, before me a Notary Public within and for said County, personally appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the and of the Corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of the corporation. Notary Public q I STATE OF MINNESOTA ) . ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledg before me this day of , 1990, by and , husban 04,5vAfe. Notary Public APPROVED AS TO FORM: City Attorney's Office Date: APPROVED AS TO CONTENT: Public Works Department Date: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, MN 55124 • (612) 432-3136 /°° ATTACHMENT "C" LOW DENSITY RESIDENTIAL ACCESS CREDIT Local Neighborhood Community Street Collector Collector Arterial Single Frontage (Credit) (Credit) (Credit) (Credit) Full Access 0% 0% 50% 50% if restricted * - - - 75% Multiple Frontage and Corner Lot Primary Access 0% 0% 50% 50% if restricted * - - - 75% Secondary Access 25% 50% 75% 75% if restricted * - - - - No Access 50% 100% 100% 100% * by a center median allowing right-in, right-out turns only GENENG:ACCSCRDT 1/25/91 /° / 1 ATTACHNENT "D" STREET RECONSTRUCTION/MAINTENANCE INPROYENENTS • ASSESSABLE COST RATIOS r i o O O O O o W h N H Y too NC J O 0 0 0 0 O ■c C 4J` J xQ xQ xQ xQ xQ O _ C O O O G g O G + r CCCC N so u .+ NI 1 V1 E N N VI. 4 N a M C H L w V 4. = N ` N i "d M C e 4. = 0 La To E a a o LL 7 C ^ L .+ 0 H v J B LT. tll �o o i .e �' 0 m 0 t U \ c z • g o CC C i •••• N r = C z o « t.i W C _ ; S V lit W W C ~ e 444 44.H e H ad f ax • au ate O V p •W W M1 C W H .... a.d tt M i N ac N W L Z Cr « = y = F t— I' •C to J p V = 0 a I C p ^ i o W t=9 v V y 4- A A i► IC Z. N M v v v I 0 a E 1 tfLe.„.'r MINUTES OF`A EeE tikte EETyyp OF THE • ' EAtGAN, CITY COUNC : ::Ewgan, Minnesota :.:February 5, 1991; A regular meeting of the Eagan City Council was held on Tuesday, February 5, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter,Gustafson,McCrea,and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. The following changes were recommended to the agenda f or,the February 5, 1991,regular City Council meeting: Item 0, Consent Agenda, Final Plat; Town Ceritie;:1<A0 - Eighth Addition was recommended for continuance indefinitely. Wachter moved,Pawlenty seconded, a motion to approve the agenda for the February 5, 1991,regular City Council meeting as amended. Aye: 5 Nay: 0 Mayor Egan recommended the following.change:H t ::minutes of the January 15, 1991, regular City Council meeting: Page 5,first paragraph under Economic: eve#irpment'Commission,second sentence should be changed to read as follows: "Because of the nature ci£t)tis: inmission and because a business owned by Mr. Hoffman's family is presently involved in a lawsuit relating to the City,it was the advice of Legal Counsel that his name be removed from consideration." McCrea moved, Wachter seconded, a motion to approve the minutes of the January 15, 1991, regular City Council meeting as amended. Aye: • The following change was recommended.•fo.tIie-'iiih Cites-of the January 8, 1991, special City Council meeting: Page 1, first paragraph, first sentence, change:.*.... hange word,:liunchroom" to"conference rooms." Pawlenty moved, Wachter seconded, a motion to approve the minutes of the January 8, 1991, special City Council meeting as amended. Aye: 5 Nay: 0 MEAVATIOTITWARBUSINESW Mayor Egan introduced this item as the Advisory Parks. :Atecreation Commission's recommendations for the official naming of three City Parks.:. y.Admiaistratof•kI.edges said the past practice for naming new parks has been for the APRC to make recC00.1i tii* j s:t t tho C ?Council. He said the recommendations of the APRC are as follows: 1) Coventry Park to Captain Dodd Palk,2) the Wiiimus park property to Downing Park and 3) the Well Site Park to Clear Water Park. He said: R three names were selected based on their history or their reference to a locality. • Page 2/EAGAN CITY COUNCIL February 5, 1991 McCrea moved,Gustafson seconded;a;motion to approve the renaming of: 1)Coventry Park to Captain Dodd Park,2)the Willmus park property to DO#Uing Park and;3)*Well Site Park to Clear Water Park. Aye: 5 Nay: 0 While there were no other formal items under Department Head Business, Mayor Egan said that a report had been received from Recycling Coordinator,Kris Hageman,on recycling in the City. Mayor Egan said he wanted to acknowledge Ms. Hageman's and..lhe.City's accomplishments and to congratulation her on the success of the program. Councilmember Wachter asked Recycling Coomciriator Hageman if another day for collecting hazardous waste was planned. Ms. Hageman said that it was;:currently under discussion with the County, however, beginning with February, hazardous waste may,now:i : roppedtiffat the Lakeville site between the hours of 9:00 a.m. and 3:00 p.m. the last Saturday of each ionth"440:.;said with institution of this service, it was the• County's intent to phase out the collection daiys. Councilmember Pawlenty said he had spoken to a number of persons in the community who are active in airport noise and they had commented on the tremendous job that Jon Hohenstein and Councilmember Gustafson had done in stating the City's position before the MAC Blue Ribbon Corridor Task Force. The Councilmember added that the City owes totem,both a debt of gratitude. Councilmember Gustafson said he believed great strides were made and that thee.issue:had.come to a good resolution. Mayor Egan said it was very • important that the residents of Eagan recognize the:extraordinary results that had come out of the task force • meetings. F i • Item 0 of the Consent Agenda regi*rilliiiiie Final Plat for the Town Centre 100-Eighth Addition was recommended to be continued indefinitely." Councilmember Wachter also asked that Item F, Consider a Real Estate Exchange Agreement and Authorize City to Execute a Quit Claim Deed for the Blackhawk Park Access/Leo Murphy Property,be pulled for discussion. A. Personnel Items 1. It was recommended that a leave of absence without pay be approved for Terry Gilsrud until Tuesday, February 26, 1991. 2. It was recommended that the unanimous dice of tFie:;review board for Eagan's representative on the Drug Task Force be approved with the status of Investigator::::?. • 3. It was recommended that the placement of the Secretary in the Police Department in Range F of the City's compensation plan to be approved effective February 1, 1991. B. Licenses. Plumbers and Water Softener It was recommended that the Pluatbm:U:aip 0:1;4:4 toned as listed in Exhibit A and that the Water Softener License be approved for Miller C ..i#t is gas_ `titer Conditioners. C. License. Refuse/Recycle Hauler • It was recommended that a refuse/recycle hauler license be approved for Mike's Disposal and Recycling of Lakeville, MN. Page 3/EAGAN CITY COUNCIL February 5, 1991 D. Amendment.State Unifo Building Code Ordinance„Chapter 4 It was recommended that the State Unto rm Bui ig code Ordinance Amendment for Chapter 4, Section 4.01,regarding building code adoption E. Proclamation.Volunteers of America Week.March 3-10. 1991 It was recommended that the week of March 3, - 10, 1991,be proclaimed as Volunteers of American Week in the City of Eagan. F. Consider Real Estate Exchange AgreementAilthorize?!litY to Execute Ouit Claim Deed.Blackhawk Park Access/Leo Murphy Property It was recommended that the real a te:exchange:agrement be approved and the City authorized to execute the quit claim deed regarding the Blaicliawk Pars f Leo Murphy property. G. Declare Surpl Property/Authorize Sale. HP-150 Computer It was recommended that a non-IBM compatible HP-150 computer be declared surplus property and its sale authorized to the City of Coon Rapids.,for $400. H. Resolution. City Code Amendment;:Ctipter'.6ti Garbage.Refuse,and Recycling Haulers.Redefine 'Targeted Recyclables" • It was recommended that a resolution aiien.ding;: ptet:6, Section 6.37, of the Eagan City Code by redefining"targeted recyclables"be approved.:.::. • I. Contract 89-D.Acknowledge Completion/Authorize City Maintenance(MWCC Nicols Road Meter Station - Watermain) It was recommended that the completion of Project 89-D (MWCC Nicols Road Meter Station - Watermain) be acknowledged and the initiation.of.City.maintenance be authorized subject to appropriate warranty provisions. J. Contract 89-C.Acknowledge CompletionJA ithorize city Maintenance(Ridgehaven Acres- Streets and Utilities) It was recommended that the completion of Project 89-C: Ridgehaven Acres-Streets and Utilities)be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions. K. Contract 89-AA.Acknowledge Completion/Authorize City Maintenance(Kingswood 4th Addition- Streets & Utilities) It was recommended that the completion of Project $91A (Kingswood 4th Addition - Streets & Utilities)be acknowledged and the initiation:pt'.City:mainteance:he authorized subject to appropriate warranty provisions. • • Page 4/EAGAN CITY COUNCIL ;:::;:::::`: February 5, 1991 L. Contract 88-SS.Acknowledge Coitjpletion/Authorize,gity Maintenance(Kingswood 2nd Addition- Streets & Utilities) It was recommended that the completioii'tif:Pi ttjitcf.88-SS (Kingswood 2nd Addition - Streets & Utilities)be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions. M. Contract 89-13. Change Orders.#6.,gty).fez (Cliff Road Water Treatment Facility), It was recommended that Change Order's'#6 an#7'for:CiSiitract 89-13 (Cliff Road Water Treatment Facility) be approved and the Mayor and City Clerk iiiiffibrized tti::ei.ecute all related documents. N. Contract 89-03. Change Order #2 (Maioieir nce Faility Expansion/Remodeling) It was recommended that Ckatzge • Order:.::::#2;•• Contract 89-03 (Maintenance Facility Expansion/Remodeling)be approved and the Mayor and City Clerk authorized to execute all related documents. O. Final Plat. Town Centre 100 - Eighth Addition It was recommended that the final plat:fpr Town Centre 100-Eighth Addition be continued indefinitely. P. Resolution of Friendship and Go •dWill:•0:the:Cily.of Pereslavl • It was recommended that a resolution nding the:pile and City of Eagan's pledge of friendship and goodwill to the people and City of Pereslavl ,app:c v :::(`Tb s item was added to the agenda at the City Council meeting). In response to Item E of the Consent Agenda which notes Volunteers of American Week, Councilmember McCrea said she wanted to encourage some type of volunteer recognition for the City's commission and committee members. The Councilmember said such recognition should also include those members who have left or who were not reapppipt.ed.:::it•5'as:decidesd,that volunteer recognition will be a subject for discussion at an upcoming Council wort'k:S1tiit�:>: Wachter moved, Pawlenty seconded, a motioa:#ip amendOp Consent Agenda to include an additional item and to approve that additional item as Item P.Ptsolutioti.: t•Friendship and Good Will to the City of Pereslavl. Aye: 5 Nay: 0 • Discussion th en turned to Ite m F of the Consent Ag end.•s which concerned the Real Estate Exchange e Agreement for the Blackhawk Park access. Director of Community Development Vraa said that negotiations to acquire this property for access into Blackhawk Park had been going on for the past two years. He said the agreement involved a land exchange in addition to a requirement for..future parkland dedications. Mr.Vraa said that at one time the City had hoped to acquire a portion of the Nliiirphy property including the northeast corner of the intersection of Murphy Parkway and Deerwood Drive btiilti r. Murphy was not willing to do that. Mr. Vraa said that the concept of that agreement.ly#seat ed:a:} :ag9 but it was not until recently that the survey documents and the legal work through the radEieyi::44.0 ss:10 been completed. Mr.Tim Lano,representing a group of 20 families called:ttizens for a Better Blackhawk Park,said his group agreed that Blackhawk Park needed a better access, the oik has spent considerable time and effort to acquire the property, the park is a community resource, and no one wants it in their backyard. But he asked, before anyone dismissed what they had to say,that the Council ask themselves five questions: 1) Where is the } Page 5/EAGAN CITY COUNCIL MINU1'1=.5:•':::::::::::::::::: February 5, 1991 plan for the park? 2) How much will it cost:and who will pay for..4? Mr.Lano said they had an architect do an analysis of the proposed road and it is his:opinion that it v4:0ist approximately $495,000. 3) Since the Council has volunteered their time to serve the:.*lints$:c f what do the citizens want? He said a survey ai had been taken at an APRC meeting and after gtii:tesponses, 80% indicated their primary concern was the loss of habitat and 85%want the park left natural. 4) Why move the access from the original to the current access? 5)What is the environmental impact of the proposed plan? How many trees will be lost and what is the habitat damage? Mr.Lano asked the logic of putting an access right through the middle of the park. He asked that the Council study these questions before making their decision. Mayor Egan then asked Director Vraa if he would address Mr. Lano's questions and provide some of the history behind the l is exchange:.:Mr.Vraa said they have been working on the design of the park but as yet have not come up with.a true concept plan for public presentation. He said they expect to do that by the third week of the month :.pia respoase to how much the park will cost,Mr. Vraa said they did not know but said the figures cqupt#41:*.*i..anw appeared to be excessive. In any case, he said the money for the park would come from the:Pa i'Site Fiisil:a'd'a grant from LAWCON/LCMR. Mr. Vraa said the survey referred to by Mr.Lano indicates that many want to keep the park in its natural state;however, there were also those who want ballfields,tennis courts,and hockey rinks. He said such items will be evaluated in relationship to existing amenities or those planned for other facilities. The Director of Parks& Recreation then addressed Mr. Lano's question about why the access would be changed. He said it was an issue that was answered in 1983-1984 with a study of the topography of the area. In addition,he said the geographical center of the park is to the northeast and they did>itt ::want to preclude the possiblity of having at least two, and perhaps,multiple accesses. Mr.Vraa said the City:f as;klred,a consultant to advise them on road placement in order to reduce the impact on the environment. He'said::ivltii:a plan is prepared, they will be better able to answer environmental questions. • Mayor Egan asked Director of Parks.&:Recreation Viaa to provide some of the history behind the land exchange. Mr.Vraa said that when the City:><kst:looked at the park they considered several access alternatives. In addition, Mr. Vraa said he wished to clarify that acquisition of the land by no means indicated the start of construction. He said they have tried to acquire the property through negotiation and without the condemnation process. He said it was thought it would be more prudent to negotiate its acquisition before the surrounding property was developed. Mr.Vraa said it is expected that when the plans for the park have been developed they will be presented at a public meeting to,.receive.coWments...He said the meeting would afford staff the opportunity to make modifications to the p$an: S0/.on:3i#put ieceiyed from the meeting. Mr.Vraa said it was likely that the Advisory Parks and Recreation'Couimissioii wGtitild'r'ecommend that a special date and time be set for discussion of Blackhawk Park because of heavy:g#Yerest in-*issue. He said after review by the APRC, it would go to the City Council for their consideration::::; Councilmember Pawlenty asked Director of Paris&ReCiOtion Vraa whether the Park Site Fund held the residuals of the Park Bond Referendum. Mr.Vraa said that monies received from the referendum had been spent but the Park Site Fund was made up of park dedication funds received from commercial, industrial and residential developments. Councilmember Pawlenty then asked if the transaction with Mr.Murphy was costing the City any out-of-pocket money or whether it was strictly a land swap? Mr.Vraa said it was a land swap but some funds had been expended for legal fees and surveying. Thin answer to the Councilmember's question, Mr.Vraa said that previous analysis had indicated this access wools .be appropriate even if there were multiple accesses. Councilmember Gustafson asked if Elie land swap were'approved and then for whatever reason never used,whether the City would be ahead or behind. Director of Paths:and Recreation Vraa said that the property to the north and east of the roadway is still one the City may wis#i::O acquire. He said if that were to occur,the City would want to protect the roadway aspect of the property. Page 6/EAGAN CITY COUNCIL MINUTti ;:;;:`•:;: :':::::::.:.:. :::::::::: February 5, 1991 Mr.Lano then pointed out that only.otie person out of the.$1 surveyed indicated they wanted ballfields in the park. He said that hardly constituted as type of majority 0imncilmember Pawlenty then asked for an explanation of the survey whereupon Mr.Vraa:sa d::if:t as:;a.br esl':aurvey distributed at the last Advisory Parks and Recreation Commission meeting. He said the' ►BCSfEied' number of questions pertaining to Blackhawk Park and was confined only to those in attendance at the meeting. Councilmember Gustafson asked Mr.Lano, in a city of 46,000 residents,whether a survey with 51 respondents would be a definitive survey? Mr.Lano said no. In closing, he said that the Blackhawk residents are concerned with two phases of the process: 1) land is not purchased for a rainy day fund; it is purchased for a reason and 2) the survey was collected and then manipulated. He said he and other residents:Ste:losin$; c :"in the process. Mayor Egan said the City very sensitive to the wishes of the people who will ti*e' e:pat but fi iere has to be a balance to those interests. He said the City also has to maintain some consistei4:with th .:tpng-term development plans for the park including the wishes of the adjacent neighbors and those.who will use the park. Councilmember Pawlenty said the actior{: t:aacquire,:t} property does not commit the City to anything but keeps all options open and may create btter'aptions.'' : d'if it turns out that this road makes no sense, the plans can be cancelled. City Administrator Hedges said that the Director of Parks and Recreation was in the difficult position of trying to follow a master plan as well as remain sensitive to the neighbors and the entire community. Mr. Hedges said the City wants to work with the residents and said the more input from the neighborhood,the better the park design results would be • Ms.Nancy Blasberg,also representing the.$lackliaiak Dank neighbors,asked that a decision on the land swap be postponed until the next Council meeting:_;She said tbe:ottly thing accomplished with this transaction was to give Leo Murphy a free road with which to::deve*:.l .property. Councilmember Pawlenty asked Mr. Vraa if there was any urgency to this request,;.;Mr.:Vrak:said'that there weren't any deadlines but said he would like to conclude the swap because there ;s::$4 ys'the possibility Mr. Murphy will change his mind. City Administrator Hedges said that negotiations began about two years ago with Mr. Murphy regarding an access to the park. He said one of the reasons there hasn't been any detailed park planning for Blackhawk Park was because of the uncertainty of acquiring this access. He said it should be noted that there are no foregone conclusions about the road width,its length or exactly where it will access the park. Councilmember Gustafson said that knowing the difficulty of these neg Ogions,;.sacquiriug.the property would give the City considerably more control, in the long-term, than Mr. Ivfiirpliy;.::;:::;:;<;.: _ .. ::: In answer to a question from Councilmember::McCrea,Director of Parks&Recreation Vraa said that was acquired without:cost. H •' id after I-35E was built,property the City was swapping as acqutr a&'u , MnDOT deeded P Pe this back to the City as part of the excess right-of-waj=;::::: Mayor Egan then asked the Council if they wished to pull this item and handle it separately or whether they felt comfortable taking action on Item F as part of the Consent Agenda. Gustafson moved,Egan seconded,a motion to approve the Consent Agenda with the inclusion of: 1) Item F, Real Estate Exchange Agreement/Authorize City to:: e.cute Quit Claim Deed, Blackhawk Park Access/Leo Murphy Property; 2) Item P,Resolution of Friends ip and Goodwill to the City of Pereslavl;and 3) the continuance indefinitely of Item 0, inad:•Pllr+at;;:7'Q ;G ;100 - Eighth Addition. Mayor Egan said the residents had the assurance.of.the Council that they would listen very carefully and attentively to the issue of Blackhawk Park. Councilmember Gustafson said that the Lions'.Club donation was originally targeted for a park building or shelter and it was negotiated to be a gift without strings from the Lions' Club. • Page 7/EAGAN CITY COUNCIL MINIJTS'?:: February 5, 1991 Councilmember McCrea said she dill of know what would:be gained by continuing the item but said she felt that an affirmative vote would indicatt::approving the cif;Avap with the intention of putting the road in. She then asked Director of Parks and Recreatii,i? V :iE.the:land the City was swapping had any value and whether another developer would be interested in'piirciasing tfie land from the City for cash. Mr. Vraa said that while the property had value to Mr.Murphy,he did not know what the value would be from a development perspective. Aye: 5 Nay. 0 • WINE AND BEER LICEE/APPI M:PLUS, INC. Gustafson moved,Pawlenty seconde ,a i is tCi;appr ive:awine,Sunday wine,and strong beer licenses for Apples Plus, Inc., subject to providing a bond;liquor liability insurance and license fees. Aye: 5 Nay: 0 ORDINANCE AMENDMENT/PAWN SHOPS Mayor Egan introduced this item as an ordinance amendment for Chapter 6,Other Business Regulation and Licensing, Section 6.44, Pawn Shops. City Administrator Hedges said that an ordinance regulating pawn shops in the City had been drafted by the'City Mtorney's office and had also been reviewed by the City's Prosecuting Attorney. Mr. Hedges said that staff vvii�giif;answ;r any questions the Council might have Councilmember Gustafson asked a question regardng;3iieltcense fee in relationship to a statement in the City Council packet that it is"very modest constderuig:the amount and type of proposed regulatory activities" He asked if there would be more regulation::than m another type of business. City Administrator Hedges said there is more reporting, for instance, invoNiii with a pawn shop than other businesses, as well as the daily contact with the pawn shop owner. McCrea moved,Wachter seconded,a motion to approve an ordinance amendment to Chapter 6 of the City Code, Other Business Regulation and Licensing, Section 6.44, Pawn Shops, and to set the license and investigation fees at $1,500 and $350, Mayor Egan said that one of the few references in.Minnesota statutes to pawn shops was found in Chapter 471 which delegates authority over pawn shops W countiC$,.Mayor Egan asked City Attorney Sheldon if that would indicate exclusive authority. City Attorney Sheldon said their research had indicated it would not He said statute gives cities the right to delegate such ai3tliority tci.* counties. He said a county could enforce authority over pawn shops if that authority were transferred to a.csi&unty by a city or if that city entered into a • joint powers agreement with the county. Mr. Brad Rixman said he had filed an application for Eagan's first pawn shop. He said it was his intention to operate correctly and would work very closely with..the City Council and the Police Department. Mr.Rixman said he had just received a copy of the ordinance aud:}ad not had an opportunity to review it with his partner or their legal counsel. He said he understood there erg people who are very concerned about how pawn shops have operated in the past and jc;h*.:0o;JntCtitiblt.pf operating their business in such a manner. Mr.Rixman asked that the item be tabled ordinance. Mayor Egan asked Lt.Jerry Meszaros, representing the Police Department, whether they had any concerns about granting a continuance. Lt. Meszaros indicated they did not. After discussion about passing the ordinance subject to review and possible modification,City Attorney Sheldon expressed his concerns about paccing an ordinance conditionally as there were no conditional ordinances. • ■11. Page 8/EAGAN CITY COUNCIL MINUTES February 5, 1991 ...•...•. He did say,however,that it would probably weyk if the Council's stated intention was to pass the ordinance and then review it within a reasonable period of 40:for amendme4::e:tc. Councilmember McCrea said if there *16i:40040,6i:4.4th the ordinance at a later date, she would consider modifications at that time. The Councilmember said she was comfortable with the ordinance as it stood. She said she was uncertain as to how she felt about having a pawn shop in Eagan because of the negative connotations associated with them. Councilmember McCrea said she associated pawn shops with quick money for gambling,alcohol and drugs. Mr.Rixman said he had a report from the United States Federal Reserve Bank of Kansas City regarding the reasons people 1:00:.:15.0**00.0::..14;440 the pawnbrokin' g industry has had a poor name in the past but he intended to run a respOhsible bosintas Mr kixman said he also intended to make both exterior and interior improvements to the building at 035 Cedar:40,Drive. Councilmember McCrea said that if it was.Ciii*il's intention to continue the item, she would like a clarification as to the pawn shop hours and:tlieitIefiigtioii*:"0:ftli:.46r." Councilmember Pawlenty said he had no problem with the ordinance as written bti bethtie Mr RI au had received the information late and there were a number of unanswered questions,he thought it unduly burdensome for the Council to take action to pass the ordinance and then subsequently amend it. The question was asked whether a motion to continue would supersede a motion on the table and while it was determined that it would,the Councilmembers who made and seconded the original motion agreed to an amendment to continue the item to t.le.::ii0i;t:Reeting. McCrea moved, Wachter seconded, a mpOoii.f6:Crisiii.liiiit: 1) an ordinance amendment to Chapter 6 of the City Code,"Other Business Regulation andticensing,"$ecti9g6.44,"Pawn Shops,"and 2)the license and investigation fees to the February 19, 1991, regul*qty:c6iii4:.iiieeting. Aye: 5 Nay: 0 REFUND REdIOFIVARIANCE APPLICATION CUSTOM ENERGY HOMES Mayor Egan introduced this item as a request for a refund of the variance application fee for Jim Koestering of Custom Energy Homes, 12645 Florida Lane,Apple Valley. Mayor Egan asked if the applicant was present and he was not. City Administ.r.gor..110,gps.s44.staff normally tried to resolve issues such as this refund request;however,applicants were al**Y!i:Otit44.:***iiiO.:0:4ii-ectly to the City Council. Mr.Hedges said Director of Community Development RunkIe had PrePaiata'C.6gl•breakdown for this application. ::.::::: .•.•...• ........ Director of Community Development Runkle ax1 approximately one-half of the fee had been expended in direct costs incurred by the City in preparing this OPlicatioU10. action by the Council even though it was withdrawn prior to that time. Councilmember McCrea said that$76 was not a large amount of money but asked what would happen in those cases where the fees were significant. She was concerned that taking action on this request would be precedent setting and the Council would be asked to review all applications. Mayor Egan said this request was not unlike the Tranby case and perhaps the precedent had alreadilv,en set. Director of Community DevelopmegRu*Ie:s04.0#44 fee,like other fees collected by the City, is an average with some applications requirining.ii**.t***4.and some less. Councilmember Gustafson asked if staff had already denied the request fOr iéfund an..Mr Runkle said they had. .:•:•:•::: • Gustafson moved, Wachter seconded, a motion to des44.-.a request from Jim Koestering of Custom Energy Homes for a refund of a variance application fee in the amount of$76. Aye: 5 Nay. 0 • Page 9/EAGAN CITY COUNCIL February 5, 1991 VA/OANCE/LEROY SGNS Mayor Egan introduced this item as a N'iii4iii:es'::ft#:14ii*Mgos,Inc.,to the sign requirement of one sign per major street frontage, located at 3880 Highway (First Minnesota Building). City Administrator Hedges said this request for variance did not require action by the Advisory Planning Commission and had come directly to the City Council for consideration. Director of Community Developmegt,..134,34e..said the application was from Norwest Banks for the former First Minnesota Building. He said th :::ii:4004:#.4:0:$00:ipiNorwest to replace First Minnesota signage with Norwest signs for building identification and visiiiilitylkiiiioiek:.::*r.Runkle said removal of the old signage and installation of the new would reduce the total existing squaroliikage by 200 square feet. .-:•:•:•:. Mr. Chris Clark of Leroy Signs said they ilacriitOired t41.41ding in December of 1990 and were only replacing the First Minnesota signs with :.:NO.144....64:41giliSH:;:**e said they were doing this in all locations to provide consistent Norwest signage throthöüt the meii:6.414a. Councilmember Gustafson asked Mr. Clark if they intended to place signs on all four sides of the building and Mr. Clark said they did. The Councilmember said that current regulations only allowed one sign per major street yet the building presently had signs on all four sides. He asked the Director of Community Development when this regulation was put i4tp:place. Mr.Runkle said the ordinance was approved in 1975 but the existing signs were probably in place before tbat time Mayor Egan then pointed out that the City was • attempting to enhance the use of an attractive iii'd:f5441040:441ding in an area subject to redevelopment. He said a variance would probably economically benefit ioaas well as those businesses surrounding it thus providing sufficient reason to allow it After prefacing her motion by saying thc Vity Ws not now allowing signs on all four sides of buildings and that the signs in question were replacink:asiiiig signage resulting in an overall reduction of 200 square feet, McCrea moved, Gustafson seconded, a motion to approve the variance to the sign requirement of one sign per major street frontage for Leroy Signs,Inc.,for property located at 3880 Sibley Memorial Highway subject to all applicable Code requirements. Aye: 5 Nay: 0 CONDITIQNAL.:P.S :MO'IMPYLON SIGN RHC AS.800.i.*:itS:**.t..01.4.11TRE After introducing this item as a conditional us permit ft.:0!:;:tHC Associates Joint Venture I to allow a pylon sign located on Lot 1,Block 1,Cliff Lake Centre 2nd Addition along Cliff Lake Drive north of Cliff Road in the SW 1/4 of Section 29. City Administrator Hcidgis said this was first considered by the Advisory Planning Commission at their January 22 meeting and they had iikeommended approval. - Director of Community Development Runkle said the sign in question was smaller in height and size than could be allowed with a pylon sign and met City Sign Code and setback requirements. -:•:•:••: Gustafson moved, Wachter seconded, a motion to app6* a conditional use permit as requested by RHC Associates Joint Venture Ito allow a pylon sign located ont6t 1,Block 1,Cliff Lake Centre 2nd Addition along Cliff Lake Drive, north of Cliff Rog:*4.1;i0:.: 04.00..%:;p:,,Tner of Section 29 subject to the following conditions: ...•...• 1. Sign shall be subject to the one-time sign fee of SZW-Sq. ft. • 2. Sign face shall be limited to user identification/logo and time and temperature messages only. Page 10/EAGAN CITY COUNCIL February 5, 1991 3. All other applicable code requirements. Councilmember Pawlenty said the miii i &:Qf the Advisory:;Planning Commission made reference to a master sign plan that was never adopted. He askrad;l4#sr ;Riiitkfe if they were operating without an agreement. Mr. Runkle said a plan is in place and is being followed, however, the City does not have a formal sign agreement with the applicant. Aye: 5 Nay: 0 CONDITIONAL USE PE 0/. R STORAGE KEVIN MELLON/ iGNUM: VVING • Mayor Egan introduced this item as a conditiil use pett for Kevin Mellon,dba Magnum Towing, to allow outdoor storage in a LI (Light Industrial):di trici on.Loi 3.Block 1,Halley's 1st Addition located along the west side of Biscayne Avenue in the SE 4: if:Section 36.. C?ty Administrator Hedges said the item had been considered at the January 22 Advisory Planning Commission meeting and the APC had recommended approval. Director of Community Development Runkle said that the application was for a conditional use permit renewal. He said the parcel in question was located in an area presently zoned Light Industrial (LI). Mr. Runkle said many of the concerns expressed the.APC were in regard to resident complaints that Mr.Mellon's tow truck was being operated out of his • Mr.Kevin Mellon of Magnum Towing said problems.caused by parking his tow truck at his home had been resolved. He said he had planned to elini hate all;otttside:storage and store towed vehicles in a large building; however, abandoned the idea when there:: bras'pij:iiiterest on the part of the property owner to sell. Councilmember McCrea asked Mr.Mellon i Will aware the conditional use permit being considered was for one year only and not the two year approval he had received in the past. Mr. Mellon indicated he was aware of the change. Wachter moved,Gustafson seconded, a motion to approve a conditional use permit for Kevin Mellon dba Magnum Towing for outside storage of vehicles in the Light Industrial district east of Highway 3,west of Biscayne Avenue, and north of Gun Club R*d. Al 3,Bloc.:1 HTalley's 1st Addition in the southeast quarter of Section 36 subject to the following conditions: 1. The permit shall allow storage of impounded and/orr:towed vehicles only 2. The permit shall be valid for one year frohi:the date•io •Coundl action. 3. This conditional use permit shall be recorded with Dakota County within sixty days of Council action and shall not become effective until the date of recording. 4. No"For Sale" signs shall be displayed and no sales or:xepair operations shall be conducted. 5. All applicable City ordinances. Aye: 5 Nay: 0 Page 11/EAGAN CITY COUNCIL MINUT .......... February 5, 1991 ...•...• •••••••• COMPREHENSIVE IAND USE GUIDE.p401 MAP REPRINT Gustafson moved, Pawlenty secondeil;:****:;:kifi:Oprove the updating and reprinting of the Comprehensive Land Use Guide Plan Map. Councilmember McCrea asked that the HUD property on Daniel Drive be clarified in the future as the entire parcel is presently designated as parkland when in reality the intent was to use part of the property as park with the remainder to be sold for possible dyelnwpent. Aye: 5 Nay: 0 • REQUEST TO USE CIIN:OirA./10.ft:. .FWAL OLYMPIC GAMES • • Mayor Egan said that staff member Ken Dam lo had volunteered to serve on the 1991 Special Olympic Community Program Committee and as a member of that committee has asked for consideration of a request to incorporate the City of Eagan's logo in promotional activities. The Mayor said that when the City Council adopted Eagan's official logo, it was intended for the exclusive use of the City with any exceptions to be determined by the Council. Additionally,M?;i.r.r.Egan said any exceptions to the policy could not result in profit for the user. • Assistant Finance Director Dam lo said hq.:.appritiatiA:die Council's consideration. He said the main interest of the Community Program Committee was to prowt "..:interest in the 1991 Special Olympics. Mr. Damlo said the exact design incorporating the Citii.' logO:**ifdt'kivailable within the next few weeks Mayor Egan said that the intended use appeared to..1*AlOtiaiiia sensitive to the City's concerns Councilmember Gustafson said that if approval were givertiii,Voilld assume that the integrity of the logo, i.e., its color and design, would be kept intact. Mr. Damlo said the logo would be incorporated into a larger design but would remain distinct and recognizable. Councilmember Pawlenty said he appreciated Mr. Damlo's involvement on this Special Olympics committee. Mr. Damlo said it had been gA.AReiAg494*.:bim:*c.k.f.44141d the committee to be a very educational experience. City Administrator Hedges sa14:****10.**1ifi:Onoting the Special Olympics was available and the Council may wish to view it at an upcoming workshop Se&s!on. Gustafson moved,Wachter seconded,a motion to approv0:.0-equest by the 1991 Eagan Special Olympics Community Programs Committee to utilize the Citii!i?:logo in design to be used on posters and other promotional items for the purposes of education and communit0iirolvement. Aye: 5 Nay 0 • ADMINISTRNIWIDWAISIDA 1991 CAPITAL EQUIPW....NT. • Pawlenty moved,Wachter seconded,a motion to approi:the 1991 Capital Equipment for the General Fund as revised and the allocation of a p)*;:bpil::401943:4evy as a contingency to the General Fund Operating Budget during 1991. Aye: 5 AMM BOARD OF DIRS • ORS • McCrea moved, Wachter seconded, a motion endorsing Mayor Tom Egan for an elected officials' vacancy on the AMM Board of Directors. Aye: 5 Nay 0 =11. Page 12/EAGAN CITY COUNCIL February 5, 1991 ••••••••• *•*-..... 14(.cC AGREEMENT. •:•:•:•:•••• •:•:•:••:•: City Administrator Hedges said a letttt had t4Ceved from the Metropolitan Waste Control Commission regarding a potential amendment to ieeñitht that the City and other entities spent so much time developing. He said it was important to evaluate what the changes meant to the overall agreement and whether these changes would require an amendment to the agreement. Mayor Egan said the City's consultant would investigate and give an opinion on the matter. He added that it was important that the City not lose credibility with the residents on this issue. Soppla0T9P43.cr..;Pp4eAlty recommended that the neighborhood coalition be kept informed of any SPECIAL CITY COUNCIL MtETING Gustafson moved,McCrea seconde4A4:104....*apprctiC*Special City Council meeting for February 26, 1991, at 530 pm. Aye: 5 Nay 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated January 31, 1991, in the amount of$7,008,156.48; the checklist dated February 4, 1991, in the amount of$310,445.67; and the checklist dated February 5, 1991, in the amount of$334952.27. Aye: 5 Nay. 0 .......... • OTAIXINKiiM1107#*:0$045MIT: The City Council adjourned the regulaviii.044. .iiii...eiecutive session to consider attorney/client privileged information at 9:15 p.m. Those in gt. iii..11;i*:;iioere Mayor Egan,Councilmembers Gustafson,McCrea, Pawlenty and Wachter, City Administratof:Iidies and City Attorney Sheldon. The executive session was adjourned at approximately 9:45 p.m. KF CITY OF EAGAN ••••.•.• .••••••• .••••• .*•••• J. y*Overbeke, City Clerk • • ••••• EXHIBIT A • • 1110. PLUMBERS adENSIIS *ORM/a S 9 1 •••••••••• . ..• AAA Abbott Plumbing & Heati •ng Avoles Plumbers & Builders Bruckmueller Plumbing, Inc. Galaxie Mechanical Contractors, Inc. Gilbert Mechanical Controctprqx.:4Pq.. .: J. Baars Plumbing & Heating Kelly Plumbing & Heating, Inc, Main Line Plumbing Matthew Daniels, Inc. McGuire & Sons Plumbing Minnesota Mechanical, Nickelson Plumbing Northland Mechanical Contractors Nova-Frost, Inc. Nybo-Peterson Plumbing Co. , Inc. Sauber Plumbing & Heating Co. Scherer Plumbing Star Plumbing & Excavating / • Summit Plumbing Thompson Plumbing Corp. :::•:• United Water & Sewer Co. . Valley Plumbing Co. , Inc. Williams Plumbing • ••••••••••-•"•"-----•• :.•.•.•. • • FOR BOARD USE ONLY I FEE LG214 CHECK (11/14:90) INITIALS DATE ( f : i Minnesota Lawful Gambling , /1, Premise Permit Application - Part 1 Organizcition Inform abort Legal Name of Organization 14G4A( X d t/e5 GA d B Business Address of Organization-Street or P.0 Box(Do not use address of gambling manager) yyAd 14)/Z.0.6.,/t/ESS 'Qu-At G .eG4.s Zip Code County Business phone number City State P (‘/l)VSy,Z v'/ Title Business phone number Name of chief executive officer(cannot be gambling manager) '105 (6/.2) Y35/_.53d0 Address of chief executive dlficer-Street or P.O. Box y32/ .C,xi•/0TTW tavi'irT� fli4 ivy it c! State Zip Code County OA Ai N __/4l/L. 55i 2 3 . .4x D✓Q Type o-f Application'' • Class of Premise Permit Fee ❑ Class A— Bingo, Raffles, Paddlewheels, Tipboards, Pull-tabs $200 The class of premise permit • Class B— Raffles, Paddlewheels,Tipboards, Pull-tabs $125 must be reflected by class of ❑ Class C— Bingo only $100 the organization license. ❑ Class D— Raffles only $75 Bingo Occasions If class A or C, fill in days and beginning and ending hours of bingo occasions: No more than seven bingo occasions may be conducted by an organization per week. Day Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning/Ending Hours to to to to to to to If Bingo will not be conducted, check here Status of Premise Permit - check one: ❑ New premise—Fill in lease organization premise permit number 8 Renewal of existing premise permit—Fill in complete premise permit number B. 0.2 2 2 V 00-i ❑ Previously expired premise permit—Fill in complete premise permit number • FOR BOARD USE ONLY LG214 FEE (11 1u90) CHECK \b INITIALS, DATE Minnesota Lawful Gambling Premise Permit Application - Part 1 (};rganrzation In forrrtatiort Legal Name of Organization 4i oKS Gh.ve Business Address of Organization-Street or P.0 Box(Do not use address of gambling manager) i ' . 4 _ h i c. City State Zip Code County Business phone number /254 . r. a Aaixot174-- (G/.) 'fV 2 V Name of chief executive officer(cannot be gambling manager) T e Business phone number 4 e /lA/yi'y _ (Gi,2 WS,'— 33et) Address of chief executive otffcer-Street or P.O. Box y32; A£,;i Tow 4i ,�a P1( City ✓ State Zip Code County ,U,a IA 41 rliv P4 of Application Class of Premise Permit Fee ❑ Class A— Bingo, Raffles, Paddlewheels, Tipboards, Pull-tabs $200 Class B— Raffles, Paddlewheels,Tipboards, Pull-tabs $125 The class of premise permit ❑ Class C— Bingo only $100 must be reflected by class of the organization license. ❑ Class D— Raffles only $75 Bingo Occasions If class A or C, fill in days and beginning and ending hours of bingo occasions: No more than seven bingo occasions may be conducted by an organization per week. Day Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning/Ending Hours to to to to to to to If:Bingo will not be conducted check here Status of Premise Permit - check one: ❑ New premise—Fill in base organization premise permit number ® Renewal of existing premise permit—Fill in complete premise permit number A - 6 A 2A8– 002– ❑ Previously expired premise permit—Fill in complete premise permit number LG214 Minnesota Lawful Gambling Premise Permit Application - Part 2 Name of establishment where gambling will be conducted Street Address(do not use a post office box number) V4A,Ley A o ON 9Le 3338'S Ji��tgMA014/i9d)/i/ ,F14.41 Is the premises located withiK city limits? 2,yes ❑no City and County where gambling premises is located OR Township and County where gambling premises is located if outside of city limits F4GAIA, ,K TA Name and Address of Legal Owner of Premises City . State Zap Code Ji �dsi\►{pN Does the organization own the building where the gambling will be conducted? ❑YES 21 NO NOTE:Organizations may not pay themselves rent if they own the building or have a holding company. A letter must be sub- mitted showing rent payments as zero from gambling funds if the organization's holding company owns the premises. The letter must be signed by the chief executive officer.) If NO, attach the following: • a copy of the lease with terms for one year. * a copy of a sketch of the floor plan with dimensions, showing what portion is being leased. A lease and sketch are not required for Class D applicantions. Rent: For gambling with bingo $ Total square footage leased For gambling without bingo $ 00 °= Total square footage leased -may Address of storage space of gambling equipment Address • City State Zip code Sank'Informatwn (each permitted gambling premises must have a separate checking account) • Bank Name Bank Account Number :.nk Address City State Zip Code 7o S6 P4ilz4 Z,.1 A7 ati4T //fi i1y S/Z a Name, address, and title of persons authorized to sign checks and make deposits and withdrawals. Name Address Title . ' LG214 Minnesota Lawful Gambling Premise Permit Application - Part 3 Acknowledgement Gambling Site Authorization I hearby consent that local law enforcement officers,the board or agents of the board,or the commissioner of revenue or public safety,or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: I have read this application and all information submitted to the board; All information is true, accurate and complete; All other required information has been fully disclosed; I am the chief executive officer of the organization; I assume full responsibility for the fair and lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments to them; A membership list of the organization will be available within seven days after it is requested by the board; Any changes in application information will be submitted to the board and local government within 10 days of the change;and A termination plan will be submitted to the board within 15 days of the termination of all premise permits. Fail 're to provide required information or providing false information may result in the denial or revocation of the lice se. Si ture' f ctikaf executive officer Date- Local government `cknowIedgement 1. The city*must sign if the gambling premises is located within city limits. 2. The county**AND township**must sign if the gambling premises is located within a township. 3. The local government (city or county) must pass a resolution specifically approving or denying the application. 4. A copy of the resolution approving the application must be attached to the application. 5. Applications which are denied by the local governing body should not be submitted to the Gambling Control Division. Township: By signature below,the township acknowledges that the organization is applying for a premises permit within township limits. City'or County** Township" City or County Name Township Name 1=. Signatufa of person receiving application Signature of person receiving application Title ti Data Received Title Date Received A-0,z. //, 411.5- - —4.2-9 / Person delivenng application to local goveming body Date 6,�7,;,; 4 2r ,( -' Is township: ❑Organized ❑Unorganized ❑Unincorporated Refer to the Instructions for the required attachments Mail to: Department of Gaming Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roseville, MN 55113 _ . MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Minnesota • : February 19, 1991. . . . A regular meeting of the Eagan criyp*roy.#4:1:0003 Tuesday,February 19, 1991,at the Eagan Municipal Center. Present were Mayor•:•EtOn'tiiiel:::Giiiiiiiiiiiiiimbers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City AdmintStrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, aCity Attorney James Sheldon. ING.g •1 The following changes were recommended to the agenda for the February 19, 1991 regular City Council meeting: Item E, Consent Agenda, Amendment to Development Contract, Woodlands North Addition. Add the following additional action: 'and a day extension for the final plat.' ........•.•...•.•.•.•.••• •-•• Item B, Public Hearings, Projci4VVF.*::***ilOnt Hearing (Cray Addition - Trunk Storm Sewer). Request to continue to the Milifit',."199:1-;:ligigartiti)CouncN meeting. Add to the end of the meeting: Review of Blackhawk Park Plans. Pawlenty moved, McCrea seconded, a motion to approve the agenda for the February 19, 1991, regular City Council meeting as amended. Aye: 5 Nay 0 • :::::•:•:•••••• •:•:.: Councilmember Gustafson recommended the foltowing addition to page 6, paragraph 1, sentence 9, add the word Is" between the words titY":464:**V::::... • • Wachter moved, Gustafson seconded, a motion ietpprove the minutes of the February 5, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 110.E.M.T.M.011M4414S1N4Og.:::: PARKS & RECREATION DEPARTMENT/CHANGE NAME OF ADVISORY PARKS:&i#Ed4000:00MMISSION After introduction by Mayor Egaii, City Administrator Hedges said that the Advisory Parks and Recreation Commission, staff and, to 0*e extentilhe City Council, had discussed where the review and discussion of the Water Quality ManagO*1.1!:RIA0,.._......*itrg J.D.eg suited. Mr. Hedges said it appeared it would be appropriate to include water qualitY4iffi:iiikiF•4#000::.1?0i0.ks and Recreation Commission and It is the recommendation of the APRC and staff that the COiniiIiiiion's name be changed to include 'Natural Resources.' Mr. Hedges said "natural resources' should not imply more as it would only deal with water quality and water quality analysis relating to paridands,wetlands,and some subdivision proposals. He said it was not intended to include any other environmental issues. Mr.Hedges said it may be necessary during the 1990's, however,to organize a commistsi9TO*Vie.the many other environmental issues facing cities. •.... •• ••••••••••• :•• During the commission/committee interviews;':Qt*ncilmember McCrea said the Council had discussed expanding the role of the 'Saki Waste Abaterii6iit Commission to a proactive rather than a reactive approach. She was concemettglat putting an envimmental issue under the APRC would lead to an overlap in their functions The Couij*tepter.said.the.MiiIsory Parks and Recreation Commission had ..................•••••••••••••••• • V • Page 2/EAGAN CITY COUNCIL MINUTES February 19, 1991 • a full slate of Issues as well as other dirn from the City Council to possibly study the entire park plan with review and modification if necessary...,$he Saki_there area number of excellent members in the Solid Waste Abatement Commission and sh l+iwo Id.:a,ippcit: 3rpora Lion of environmental issues more appropriately into that commission. CWj,Atfrnihtstitttor fed des said there is no question that many environmental issues will have to be ad(3rgssed in the near future; however, the natural resources portion .of the.APRC would be limited to water gtipiity issues only. He said that the City Code presently lists water quality as a Parks and Recreation issue, however, placing water quality with the APRC would not mean it could not change in the future. Director of Parks and Recreation Ken Vraa said APRC members had raised similar questions but tended to define natural resources in tefi s of water, grass, and forestry aspects but not necessarily the environmental. He said it was the *FTC's des3t not to get into areas already handled by other commissions. • Mayor Egan asked Director of Public.•Works Tom Colbert if his department was comfortable with the designation. Mr. Colbert said there�are a utimb of porlds:�in the City that are located either adjacent to and within City parks. He said John VonDeLiiit]e;the.158ifc •5iuperintendent, is very active in water quality and the new Water Resources Coordinator, Rich Brasch, has been placed in the Parks and Recreation Department. He said water quality seems to be closely tied to that department. Wachter moved, Gustafson seconded, a motion to approve changing the name of the Advisory Parks and Recreation Commission to the Advisory Park si.:Recreation, and Natural Resources Commission and to direct staff to draft the necessary code ame tang :Rye: 5 Nay: 0 DEPARTME[ T:HEADS/MISCELLANEOUS ITEMS • Councilmember McCrea said she had.:the:Nit**.::to be present at the graduation of the 5th grade D.A.R.E. class at Woodlands Elementary. The Courioiliieiiiber said she was proud to be a part of the graduation and thanked the Police Department and Lions Club for their support of the program. Mayor Egan attended the Deerwood graduation and found it to be even more heartwarming than last year. He said Officer Larry Billmeyer did an excellent Job and had great rapport with the students. The Council said the effort our Police Department was putting into this program was outstanding. On another issue, Councilmember Pawieilty 0.ed:Cable Coordinator Mike Reardon if the City was being sued or involved in litigation as:a:defendaritii: th respect to the Cable Company or cable industry. Mr. Reardon said to his knowledge, the•City was"rid being sued; however, the law firm of Popham Haik, which represents Cable TV North Certtt f;had recsted information regarding a local access equipment issue. The Councilmember said he had::been•:epproached..at;a meeting recently by an attorney who had asked it the City.was being sued by ttia f i:t Pc*0:.$ :.:over a cable issue and he said it had struck him as a conflict issue. City Administrator Hedges said there had been correspondence which could lead the City to believe there may be litigation on a cable issue involving replacement of public access equipment. He said a meeting had been held with the City's Cabre:;tattorney:last week and a memo to the Council in this regard would be forthcoming but there is no litigat at'the: rnt time Mr. Hedges said the potential conflict of interest on behalf of Popham Haik was;being addresitiC:. Councilmember Wachter ask that staff get infor gation out to the public early in the season regarding the implications and ram1ticeff ns.Af the.ypes..of:f& zers they're buying. Director of Parks and 1 { • Page 3/EAGAN CITY COUNCIL MINUTES February 19, 1991 Recreations seethe City of Eagan was tilting an educational approach telling residents that phospherous fertilizers are not that necessary to a good lawn•..In addition, they are working with local retailers asking them to stock low phospherous fertlizera:t n t elr sb ves:::1 e:said the next City newsletter will attempt to educate the public and business owners•rogiiidirig witte'r'gtiality and the use of low or phospherous free fertilizers. Councilmember Wachter said he wished to abstain on Consent Item D,Resolution,Airport Relations Committee for New Airport Search Area. He said it hasn't been made clear that there are alternatives to be explored at the present location. He said there are a large number of Eagan residents who work at the airport and moving the airport would have an enom ous impact. He said even if the airport were moved, the present airport would not be shut do T. In aigtion, he said a southern airport location would route traffic through the City requiring additio n roads 44/ell as their upkeep. Councilmember McCrea said she::st orted.kiii0li g;the airport where it is because of economic development in Eagan. Because It will a os t•between'$'tireind'a2o million just to research and select a site, the Councilmember said she would prefer to take those dollars, buy up the homes that are impacted,agree to stay within the corridors, "gift" the cities that are impacted and use those dollars to offset the costs of additional insulation, windows, etc. for those homes aaffected by airport noise. Assistant to the City Administrator Jon Hohenstein;sid the resolution as it is presented indicates a City position on relocation or expansion only...$0: alit;the:position of the resolution is that If the decision in 1996 is to relocate, the advice of the.:Air t;:Etafatioi s Committee to the City Council is that it will be better for the City of Eagan if relocation:is to the south:and not to the north. Mr. Hohenstein said he had discussed the issue with Dan Aberg of the:phgmber of'Commerce and business interests are very much a part of the decision. He said that while the::Cha bec.:.of Commerce would also support the current • location in 1996, they recognize and support the soiiiiii0'0cation in the relocation track so that if the Legislature moves the airport, all efforts haven't been placed solely behind the present site. Mayor Egan said it is important to identify to the residents exactly what the Council is doing and that is summed up in the last sentence of the packet information which states, "the resolution does not indicate support or opposition to either the expansion or relocation tracks, but rather indicates Eagan's preference if relocation were to occur."...Mayor. Egan..said:.that if relocation does occur, what is being proposed is less economically onerous.txt t e:00.: f.E .an Jf:lt is relocated to one of the two sites selected in Dakota County over a Site in the northern met o area. He added that Margaret Schreiner, the City's representative to the Metropolitan Council, had riiet'with Dakota County Commissioner Don Chapdelaine and staff on a preliminary basis in an attempt to get financing and research on some of the issues that deal with the airport issue from an economic:and:•envirOi nental..point of view. Councilmember Wachter said he understood the Mayor's comments but:did f:vire lt:ihe.A ropolitan Airports Commission to even think that Eagan was interested in relocation. Councilmember Gustafson said he agreed with the intent of what CouncUmembers McCrea and Wachter had said but said the resolution before the Council did not involve either comments and, in his opinion,was entirely separate and an appropate issue. passage. Councilmember Pawienty concurred and said there may well be a point wher*Itither!:iiiiiii.iSkitis will have to be made but the resolution was something the Council should endorse:*nd In his view,'did.not prejudice the City's options with respect to the issues raised. Page 4/EAGAN CITY COUNCIL MINUTES February 19, 1991 Mayor Egan asked that the resoliiOon accompanying Item F, Gambling Ucense Renewal, Eagan Uons Club, Pull Tabs for Cedarvale Lanes and Valley Lounge be changed to read, the Eagan Police Department has reviewed the applicati*:****000*f*,:.:reasons for denial." ••:•:•:•:. A. Personnel Items 1. It was recommended that the hiring of Kathy Gray as a Clerical Techinlcian III in the Eagan Police Department be approved. • 2. It was recommended that the.vacant half-time Receptionist/Clerical Tech II position (job share) in the Eagan Police Department be fillei(t:;: 3. It was recommended that the appointment of Jeff Bahrke, John Bahrke, Chris Grubb, Rob Landgrebe, Dave Lukitsh and Tom SchillintjerP.actiVe membership in the Eagan Volunteer Fire Department be confirmed. ••••••••••••••••••••••••••••••.........• B. Plumbers Licenses It was recommended that the plumbers licenses be approved as listed in Exhibit A. C. Recommendation. Airport Relations Committae;NAC Corridor Task Force It was recommended that the Ribbon Force recommendation be approved. -•• • D. Resolution. Airport Relatioris.WiMit3ee. for Jew Airport Search Area .••••••••••••••••.••-•-••• It was recommended that the resolution partaiiiiiii*ttie new major search area report be approved as presented. (Abstain: Wachter) • E. Amendment to Development Contract. Woodlands North Addition It was recommended that the amendments to the development contract for Woodlands North Addition relative to reallocation of special assessments,the advance payment of special assessments under public improvements Projects 589 and50kiiiiiilik.ap...40::44Fitinuance for the final plat be approved. F. Gambling Ucense Renewal:tiaan U(liitiub. Pull Tabs for Cedarvale Lanes and Valley Lounge It was recommended that 1) t4iiggitilin0:pemfit.renewal for the Eagan Lions Club for Cedarvale Bowl and 2)the gambling permit rene*41.:10.:*iii:TOWpiiiiiii:Club for the Valley Lounge be approved with the recommendation that the second paragraph of the iólutlon for this item be changed to read, The Eagan Police Department has reviewed the application and has identified no reasons for denial.' G. Recommendation. Solid Waste Abatement Commission,for Dakota County Long-Term Funding It was recommended that a resdutlOn cingy Urging Dakota County to fund local government recycling administration in the Dakota County long-term*:tSycling funding program be approved. •:•••:•:•:• ••••••••• ::::•:• Page 5/EAGAN CITY COUNCIL MINUTES February 19, 1991 H. Resolution. Authorizing Conti pination. Project 488. Blackhawk Road It was recommended that a resoltgts:2lutti4rl*T•'•; mnation of property associated with Project 488 -Blackhawk Road be approved. I. Project 466. Consider Assesiiiiint Appeal Settlement Agreements It was recommended that the Stipulation for Settlement Agreement for Lot 4, Carlson Acres, and Parcel 10-01500-050-52 be approved and the Mayor and City Clerk authorized to execute all related documents. • J. Project 609. Authorize FeaslEty Repot:(Cliff Road Upgrade) • It was recommended that the *Oration fif:8 feasibility report for Project 609(Cliff Road Upgrade) be authorized. K. Authorize Update to Comprefieitisive$ad#airy$ iitrr Policy Plan It was recommended that the update of the Eagan Comprehensive Sanitary Sewer Policy Plan be authorized. L Amendment, LOGIS Joint and Cooperative Aargeiiient • It was recommended that the resolutLott recom ending amendment of the Joint and Cooperative Agreement with LOGIS be approved. M. Final Plat, Town Centre 100 -Eight :Mclition • It was recommended that the final plat for the To■iirii:Csntre 100 - Eighth Addition be approved. • • N. Project 572, Consider Assessment Appeal Settlement Agreement It was recommended that the Stipulation for Settlement Agreement for Parcel 10-02200-011-76 be approved and the Mayor and City Clerk authorized to execute all related documents. Wachter moved,Gustafson sectitided,a nidtion to approve the Consent Agenda with an amendment to the action of Item E,Woodlands Nor€h:Addition;.that would include a 30 day continuance for the final plat. . Aye: 5 Nay: 0 (Wachter abstain, Itetii::p,� ::.::::: • IPPARPMFARINGt FINAL ASSESSMENT HEARING EAGANDALE.CEN ER:INDUSTRIAL PARK Mayor Egan introduced this iterti: is Project 574Final Assessment Hearing, Eagandale Center Industrial Park - Streetlights. • Page 6/EAGAN CITY COUNCIL MINUTES February 19, 1991 Director of Public Works Colberiiiiid they had worked very closely with Northwestern Mutual Life insurance,the petitioner for the improverpentsAdr:...Colber;:.sakl all costs were within those presented with the feasibility report at the original publi00004**1;400ber 5, 1989,and he was not aware of any objections. •• • ••• -*• • ••••• Mr. Terry Jacobs of Coca Coldiiied whether the project had been completed. Mr. Colbert said it had. Mr.Jacobs then asked a question regarding documents his company had received in regard to the assessments. Mr. Colbert said each document received indicated a legally described parcel that Coca Cola owns and represented individual assessments. . • Pawlenty moved, McCrea seced, a motion to close the public hearing and approve the final assessment roll for Project 574(Eaganc*CenterWustrial Park-Streetlights)and authorize its certification to Dakota County. Aye: 5 Nay: 0 -•-• FINAL ASSESSMENT CRAY ADDITION McCrea moved,Gustafson seconded,a motion to continue the public hearing and final assessment roll for Project 571 (Cray Addition-Trunk Storm Sewer)to the March 5, 1991,regular City Council meeting. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING COLIN#WOOlitiVOND ADDITION Mayor Egan introduced this iterri**P.00%.-54i, Final Assessment Hearing, Country Hollow 2nd Addition -Trunk Storm Sewer. No residents iiite::00:00Nbo wished to address this issue. Wachter moved, Gustafson seconded, a motion to OfOse the public hearing and approve the final assessment roll for Project 541 (Country Hollow 2nd Addition - Trunk Storm Sewer) and authorize its certification to Dakota County. Mayor Egan said it should be noted that the Project is well within the feasibility report rates. Aye: 5 Nay: 0 •• • XCeiiiikoNESS: CITY CODE AMENDMENTfrAiiiiORAEGULATION & UCENSING Mayor Egan introduced this item as an Amendment, Ordinance, Chapter 6, 'Other Business Regulation and Licensing, Section 6.44, 'Pawn Shops.' Before the Council made a motion to continue the item,City Administrator Hedges said he appreciated.City Attorney Sheldon's request for continuance as Mr. Sheldon had found that other communitie*:W0***feijpg similar ordinances and thought it advisable to look at all before Eagan adopted Councilmember McCrea said she remained opposed to pawn shops in the City; however, if an ordinance was approved, she sugge44 that the investigat§i, of the business and personal dealings of a pawn shop applicant should be even*kelborbmWty4tf•:04 investigation for a liquor license. 6 Page 7/EAGAN CITY COUNCIL MINUTES February 19, 1991 McCrea moved, Gustafson secc rx#ed, a motion to continue an ordinance amendment to Chapter 6 of the City Code relative to*Other Business Regulatbn and•Lkensing,'Section 6.44, 'Pawn Shops`to the March 5, 1991, regular City Council Councilmember Pawlenty asked::City Attorney Sheldon If no ordinance were in place, whether someone could open a pawn shop, In ufregulated fashion, in the City? City Attorney Sheldon said the ordinance before the Council is a licensing ordinance and if passed, it would be illegal to operate a pawn shop in the City of Eagan without first obtaining a license. He said without that ordinance, the activity of being a pawn broker or operating a pawn shop in the City ofEagan is not illegal and is a legitimate business just like any other business that would be established. In addition, Mr. Sheldon said the location of the business would be determined by the Cry's zoning ordinance. He said whether a pawn shop would be a permitted use or a conditional use in the2oning ordiliiince would be a question for Community Development and is something the City Attorney's off1 .would Itxitc at. Councilmember Pawlenty said if excluding pawn shops from Eagan is a consideration, not:.passing the ordinance would not be the way to go about it He said a strict ordinance giving a basis to deny.a.license would seem to give the City more control than it has currently. Mayor Egan said he understood that the ordinance was being continued to allow the City Attorney's office to coordinate research with efforts being made by three or four other municipalities. Again, he said he did not want to adopt and implement policy at the same time and particularly wanted to avoid adopting an ordinance that was somehow custom tailored to what the applicant and his attorney felt was realistic. Mayor Egan said he wanted all research to center on what.:lsfest for the City of Eagan in light of what the other:municipalities are doing. . Aye: 5 Nay: 0 • Nf=llirr:B >NESS St E ARD ETBiAC E l' i E�::...< ISPE N fi HO ? '#ltd MADDi'i'i: Mayor Egan introduced this item as a Variance for John Vogstrom, of 1.5' to the 10' Sideyard Setback Requirement Located on Lot 1, Block 1, Whispering Woods 3rd Addition. City Administrator Hedges said the variance did not require action by the Advisory Planning Commission and had come directly to the City Council. Director of Community Development Ruriktesaid the application was for a variance with access to the property from Slater Road. Mr. RUnkle saidstaff had notified all affected property owners and he understood there was some opposltio :::::: A representative of the Carroll's(iii :hprz nets) aid the surveyor had positioned the house on the lot and while the house would be within setback requirements at the front,the lot tapers and the house would encroach on the setback at the rear. Mr. Michael Gurley said he lives to the south of where the Car roll's house will be built. He said he was not necessarily opposed to the variance;.:i}tiviievut;said the house being built was rather big for the lot. Mayor Egan pointed out that a large home*itidlit'pr itl..be of benefit to the neighborhood. Mr. Chuck Stock, the neighborto the north, expressed concerns about the home changing the backyard drainage pattern. The Carrciit!$representative said:xhey intended to leave as much of the lot as natural as possible which should not dirt .the.p.clO }.d Alf.jage. Page 8/EAGAN CITY COUNCIL MINUTES • February 19, 1991 Councilrhember McCrea said it viras'a 1.5 foot variance and the hardship,from her standpoint,would be avoiding encroachment on the draloage.a utility..easement. In addition, Mayor Egan noted the unforseen shape of the lot. He said the pplk a its f�lteady reduced the size of the house substantially. Wachter moved, Gustafson serided, a motion to approve a 1.5 foot variance to the 10 foot sideyard setback requirement located ott4.4ot 1, Block 1, Whispering Woods Third Addition. Aye: 5 Nay: 0 REVISED SPECIAL ASSESSMENT POLICY MANUAL Gustafson moved,Wachter sec holed,a motion to approve the revised Special Assessment Policy Manual as presented. Aye: 5 Nay ...;.COUNCIL.NOTES City Administrator Hedges asked'f• ati'liiferpretatioh�f action taken at the February 5 City Council meeting regarding acquisition of capital equipment. It was Council's direction that acquisition of select pieces of equipment be authorized according to that which the City Administrator deems necessary for the conduct of City business. DAKOTA COUNTY..BURN: ACILITY Mayor Egan said there had been :ixeetiigs iiheduled with the DCCAB(Dakota County Citizens Against Burning) organization and th$y ail.*asked hitar, as an elected official, to sign a form that has stopping the Dakota County garbage incinerator and maximizing waste reduction and material reuse as its objectives. Mayor Egan said he did not feel.c omfoitable..signing it as an individual but brought it to the Council to see if they wished to do anything cdlectivelj. t littfividuaily with respect to this issue. • Councilmember McCrea said she supported the Mayor's signing the letter and said she would prefer to spend the dollars earmarked for the bum facility on other waste reduction and reuse programs. Councilmember Pawlenty agreed with the objectives of the document and added that mandatory recycling may be the next step. Councilmember Gustafson saig:4.iespectec:*.:4iion of those who oppose the bum facility as well as those who say it is necessary:;:;However:he::said he could not sign something that said "stop the Dakota County garbage incinerator because,as of'this moment, he is not sure it's the right decision. The Councilmember said he would prefer::to reiter40 the resolution previously passed by the Council. Councilmember Wachter said he felt: itia4.:.::Ha:.l id.he;was very strongly in favor of recycling but believed there were still some things*lit:may-have;to. :owned. City Administrator Hedges said the Solid Waste Abatement Commission has toyed with taking on this issue at various times but Mr. Hedges has cautioned them against involving themselves in what really is a County issue. However, he asked if the Council would like the Commission to focus on this issue. Mayor Egan said he thought it inappropnate:lot an gan committee to'watchdog"the County. He said the City Council did have an obligation tO:flgifikieititt. .4fistituents as they felt appropriate and suggested adding a caveat to the petition that ttie:;bum facility riot:h•built if prudent and feasible economic and environmental alternatives are available:`' • 4 . Page 9/EAGAN CITY COUNCIL MINUTES • February 19, 1991 :•:•:•:.: :::•:::•:. After further discussion, Egan moved, McCrea seconded, a motion to restate vigorously the City Council's support for the resolution previpusly.:fpn.yars:KAg I* Dakota County Board with respect the incinerator issue. Aye: 5 Nay: 0 Mr. Terry Davis, a member of thoi.:tpity's Solid Waste Abatement Commission as well as the Dakota County Citizens Against Burning, came;10.rward to volunteer his assistance in providing information or a briefing for the Council at any time. CHECKLIST Wachter moved, Egan secondo0 motion to approve the checklist dated February 18, 1991, in the amount of $171,357.82 and the checkitig:dated Fiii*uanif 19, 1991, in the amount of$1,039,486.73. Aye: 5 Nay: 0 ..••.. .••••••• igeOttOtitOstit4ompotoogn The City Council temporarily suspended the meeting to review plans for the development of Blackhawk Park at 8:25 p.m. Those in attendance were: Mayor Egan,Counclimembers Gustafson,McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Parks and Recreation Vraa and Parks Planner/Landscape Architect Steve Sullivan. The meeting was:then reconvened and formally adjourned at 9:30 p.m. KF CITY.....:.::::::•:•:•:•::::::::.:.••• OF EAGAN ..•.•. • .•••:•::::::::: E. J. VanOverbeke, City Clerk • ..•••••.•... .•:::::•:.:::•:•:.:.:•:.: ..:.:.:.:.:.:.:.:.:.:.:. :::::::•:••• •....•... • •••••• • 1 EXHIBIT A PLUMBERS LICENSES FEBRUARY 19, 1991 1 . Advanced Plumbing & Heating 2. Andreasen Plumbing & Heating 3. Commercial Plumbing 4. Murr Plumbing, Inc. • 5. New Mech Companies, Inc. 6. Parsons Plumbing $ Heating 7. Polar Plumbing Company 8. Pride Plumbing Services 9 . Schulties Plumbing, Inc. 10. Seitz Brothers, Inc. LG214 Minnesota Lawful Gambling Premise Permit Application - Part 2 Gami ling Pr emtses:Infor nation :... .... Name of establishment where gambling will be conducted Street Address(do not use a post office box number) GEDARVA.A.z Qou i. 3 7V 3 BI,iiDi>i'u fel4A/ Is the premises located within city limits? B yes ❑no City and County where gambling premises is located OR Township and County where gambling premises is located if outside of city limits E 4c4w DAzo 4- Name and Address of Legal Owner of Premises City State Zip Code Does the organization own the building where the gambling will conducted? OYES 2KNO NOTE:Organizations may not pay themselves rent if they own the building or have a holding company. A letter must be sub- mitted showing rent payments as zero from gambling funds if the organization's holding company owns the premises. The letter must be signed by the chief executive officer.) If NO, attach the following: * a copy of the lease with terms for one year. * a copy of a sketch of the floor plan with dimensions, showing what portion is being leased. A lease and sketch are not required for Class D applicantions. Rent: For gambling with bingo $ Total square footage leased For gambling without bingo $ 6 Di, Total square footage leased GO Address of storage space of gambling equipment Address City State Zip code Bank: nformation . .. . . . (each permitted gambling premises must have a separate checking account) y�j�0 Bank Name Bank Account Number 3 p • PA-K07-4-OTC Go dn,` / sr /3 414/t �lc.�.t0 i1l�x* ...<5.1,T Bank Address City State Zip Code Name, address,and title of persons authorized to sign checks and make deposits and withdrawals. Name Address Title , LG214 Minnesota Lawful Gambling Premise Permit Application - Part 3 Acknowledgement Gambling Site Authorization I hearby consent that local law enforcement officers,the board or agents of the board,or the commissioner of revenue or public safety,or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: I have read this application and all information submitted to the board; All information is true, accurate and complete; All other required information has been fully disclosed; I am the chief executive officer of the organization; I assume full responsibility for the fair and lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments to them; A membership list of the organization will be available within seven days after it is requested by the board; Any changes in application information will be submitted to the board and local government within 10 days,of the change; and A termination plan will be submitted to the board within 15 days of the termination of all premise permits. Failure to provide required information or providing false information may result in the denial or revocation of the license. 4 Si s re-olf chtiexecutive officer Date _ Z i2 cif men Ackrcowied: erne' t 1. The city*must sign if the gambling premises is located within city limits. 2. The county"AND township"must sign if the gambling premises is located within a township. 3. The local government (city or county) must pass a resolution specifically approving or denying the application. 4. A copy of the resolution approving the application must be attached to the application. 5. Applications which are denied by the local governing body should not be submitted to the Gambling Control Division. Township: By signature below,the township acknowledges that the organization is applying for a premises permit within township limits. City*or County** Township** City or County Name Township Name L ,A A4' Signa a of person receiving application Signature of person receiving application Title • Date Received Title Date Received A,,/)7 ' 4_, s i ?'l<—9/ Person_delivering application to local governing body ' Date 6' Y' /7i7/' Is township: ❑Organized ❑Unorganized ❑Unincorporated Refer to the instructions for the required attachments Mail to: Department of Gaming Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roseville, MN 55113