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09/16/1991 - City Council Regularir , AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MONDAY, SEPTEMBER 16, 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) l A. POLICE DEPARTMENT • � 1. Special Hunting Permit, Norman E. Svien, 1989 Shale Lane 2. Special Hunting Permit, Jerry Thomas, 4895 Pilot Knob Road B. PARKS & RECREATION DEPARTMENT P (. 1 1. Fence Bids - Rahn Park Field #2 , IV. 6:55 - CONSENT AGENDA (PINK) a q A. PERSONNEL ITEMS La B. PROCLAMATION, September 17, Citizenship Day; and September 17-23, 1991, Constitution r W Week ��..C. CONSIDER Indemnity Agreement, First Trust I ./( D. FINAL PLAT, Park Center 2nd Addition r /8 E. APPLICATION, 1992 Landfill Abatement Funding SF. RESOLUTION, Authorizing Gambling Permit for Minnesota Valley Humane Society for Pull- (p' Tabs at Durning's Restaurant, 4625 Nicols Road 0. 3 IG. PROJECT 561, Receive Final Assessment Roll/Order Public Hearing (Sterns Addition - ( Streets and Utilities) �j /H. (� PROJECT 531, Receive Final Assessment Roll/Order Public Hearing (Lexington Avenue - 0 , Streets and Utilities) P• 3/I. PROJECT 567R, Receive Final Assessment Roll/Order Public Hearing (Efferess Addition - Storm Sewer) p.31T. CONTRACT 91-09, Receive Bids/Award Contract (Well #16) 3 /K. CONTRACT 91-10, Receive Bids/Award Contract (Well #16 - Transmission Main) 1 ,3 L. CONTRACTUAL Snow Removal Services, Receive Bids/Award Contract �.3,rM. SHOWS LICENSE, Dakota, Inc. , for FunFest, September 20-21, 1991 , /ON. PROCLAMATION, Marlene Adam Day in the City of Eagan, September 16, 1991 .`C g P L4, 0.0. PROCLAMATION, Joe Connolly Day in the City of Eagan, September 17, 1991 fil 49(P. PROJECT 621, Receive Feasibility Report/Order Public Hearing (Manor Lake 4th Addition - Streets & Utilities of Q. PROJECT 619, Receive Feasibility Report/Order Public Hearing (Saddlehorn Addition - e' Streetlights) V. 7:00 - PUBLIC HEARINGS (SALMON) 0,14 A. EXPANSION of Project Area for Existing Unisys Tax Increment Financing District 4 ((IB. PROJECT 597, Hills of Stonebridge 3rd Addition - Trunk Storm Sewer e1r0 C. PROJECT 583, Park Center Addition - Streets & Utilities rI D. PROJECT 577, Rustin Road - Streets & Utilities • f PROJECT 592, Wilmus Addition - Trunk Storm Sewer '' F. PROJECT 598, Galaxie Cliff Plaza 2nd Streets & Utilities G. VACATE Public Right-of-Way, Nicols Road • 8 H. PROPOSED REVOCATION, Conditional Use Permit, Werner Lembke/Lembke Trucking, Co. Inc. P'ts VI. OLD BUSINESS (ORCHID) OVA. SIGN ORDINANCE, Direction Regarding Task Force Recommendations VII. NEW BUSINESS (GRAY) l 3A. LICENSE, Liquor for New Owners of LaFondas, 3665 Sibley Memorial Highway �, B. GRADING PERMIT, West Publishing, 3753 Highway 149 (' 1 C. AUTHORIZATION to Retain Consultant, Cedarvale Area Retail Study , 1_„p._ CONSIDER Expanded Boulevard Maintenance, Cedarvale Retail Area I 04138 SPECIAL PERMIT, James Bartizal for Temporary Christmas Tree Sales on an Outlot of P,y V f r y� Thomas Lake Center Located in the SW 1/4 of Section 28 Q F. VARIANCE, Steve A. Brummer, 1254 Dunberry Lane, a Variance of 10' to the Required 15' Rear Yard Setback for an Accessory Building Y VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) R. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 12, 1991 SUBJECT: AGENDA INFORMATION FOR THE SEPTEMBER 16 CITY COUNCIL MEETING :ADOPT AGENDA/APPROVE.MINUTES After approval is given to the September 16, 1991 City Council agenda and the regular meeting minutes for the September 3, 1991 meeting, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS... A. POLICE DEPARTMENT Item 1. Special Hunting Permit, Norman E. Svien, 1989 Shale Lane--An application has been received of Norman Svien of 1989 Shale Lane for a special hunting permit to bow hunt deer on Gopher Smelting and Refining property located at 3385 Highway 149. Enclosed on pages a. through + 3 is a copy of the application together with permission from John Tapper of Gopher Smelting for Mr. Svien to hunt on their property. The Police Department has reviewed the application and sees no reason for denying it at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special hunting permit for Norman E. Svien of 1989 Shale Lane as presented. I • SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT • 1. Name:///&rril- _ 2. Street Address: 3. City/State/Zip Cade /? S / 42-9'"-^"-, /i< nom.. s 5-7,T o2 IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property of eve acres or mover and used'ag icultaraL• Hunted wildlife shall he deer(bow or rifle),goose,duck,pheasant and partridge ady. Exceptions to this policy will be the prerogative of the Eagan City Council. The maximum dates of the season for each wildlife bunted shall coincide with the busting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Connell may,at its disc retioa,reduce the season for each requested permit within the DNR season. The Eap a City Council may deny any application for special hunting If the permit does mot serve the purposes of wildlife 'management,even If the applicant has complied with all of the requirements. pnv bunter listed in this application may bunt only when accompanied by the applicant. A cppy of this permit and appropriate Mentification must be carried at all times for verification by the Ups Police Department. 4. Property Owner's Name (written permission from the pro owner must accompany this permit application): 6c /i , i P S. Property Location Description: e- / !S 4 C r /7. kt Cc 74 Alvvi I fit c,/lA d. Type of Game to be Hunted: 7. Specific Hunting Dates: 101 : 1e /-mc i / (y'eep 7-4 e .Se c.ti i• IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY L Name (Beginning with the Applicant): !. Address: 10.Vehicle /Eta 5,; e,.. /9c9 9 3110.-/e license Pia 7q? 11. Police Approval/Permit Noe 12. Approval Data 13. E:plratiom Date: (612) 454-3310 41r!!!!- — GOPHER SfflELTIflG & REFI0If1G CO. Manufacturers LEAD PRODUCTS 3385 So. Hwy. 149 Eagan, Minnesota 55121-2395 September 10, 1991 TO WHOM IT MAY CONCERN: Norman Svien has permission to Bow Hunt on Gopher Smelting & Refining property for the 1991 Bow Hunting Season. / John Tapper PP er / Gopher Smelting & Refining cc: City of Eagan Norman Svien JT:mp 3 Agenda Information Memo September 16, 1991 City Council Meeting Item 2. Special Hunting Permit,Jerry Thomas, 4895 Pilot Knob Road--An application has been received of Jerry Thomas for a special hunting permit to hunt deer and geese on his property, the Diamond T Ranch, at 4895 Pilot Knob Road. Enclosed on page 5 is a copy of the application. The Police Department has identified no reason to deny the permit at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a hunting permit for Jerry Thomas of 4895 Pilot Knob Road as presented. 1 SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT L Alamo �� � .7110%M S f At. •� /. •4 41 3. City/State/Zip Code: eatfa 01 04) S IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property of the acres or moreh and zoned'agriculturaL• Heated wildlik shall be deer(bow or rifle),goose,duck,pheasant and pardidge oily. Exceptions to this policy will be the preroptive of the Laps City Council. The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources(DNR). The Eapa City Council may,at its discretion,reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management,even if the applicant has complied with all of the requirements. _r' .9' i _ • • i✓, 1 �- n .!.l I'_ - _!'f 4! J. �' iI• iii i . � .. _J,. i '.l' ' l. identification must be carried at all times for verification by the Eagan Police Department. 4. Property Owner's Name (written permission from the property owner must accompany this permit application): .3.1; sit ity =Lim N s S. Property Location Description: e 111K41010 b TIP RA A, ii► . IL Type of Game to be Hunted: 7. Spedflc Hunting Dates: ma •w ° we. A. ts... mt 1. .*1 Se *a4 4Le Aria •6 dial S.tur.gar f.AI a I IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY IL Name (Beginning with the Applicant): 9. Address: 10.Vehicle T1 II ay :Mn► �i�s-• Rh , �� � � Reese#t 01 k sm. gab Mt T.% it soft•• 4 • • • • •• • • 11� U. Police Approval/Permit No: 12. Approval Date: i3, Daft Agenda Information Memo September 16, 1991 City Council Meeting B. PARKS AND RECREATION DEPARTMENT Item 1. Fence Bids - Rahn Park Field #2--The City Council previously directed staff to pursue the complete enclosure of Rahn Park softball field #2 to prevent unauthorized use of the field at times other than regularly scheduled league games. Staff has moved forward with this direction and has received three sealed quotations in this regard. For purposes of comparison, staff also requested quotations for a 10' fence that could be installed between the field and the affected property owner. The quotation for this amount is also included for your consideration. For additional information in this regard, please refer to the P ks and Recreation Department staff report which is enclosed on pages 7 through K for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the installation of a fence(s) on Rahn Park Field #2 as presented. L9 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: AUGUST 29, 1991 RE: FENCE BIDS - RAHN PARK FIELD TWO Background The City Council provided direction to staff to seek bids for the extension of fencing on Field Two at Rahn Park in hopes of alleviating the problems experienced by an adjacent resident. Quotes Received Staff received three sealed quotations for fencing as follows: Tennis West, Inc. $5,056.20 Midwest Fence 7,562.00 Century Fence 8,516.20 The work includes installation of a 6' high chain link fence to match existing fence line; two pedestrian gates and one 12' maintenance access gate. As an alternative, staff also received a quote a 10' high fence which could be installed along the property line or within the space separating the ballfield outfield fence and the property owner. (This would require approval of a variance as this would exceed the 6' fence limit). This cost is $4,037.50 for 250 feet or $16.15 per lineal foot. Funding Cost for the fence could come from one of two sources--the Park Site Fund or the Capital Improvements Portion of the Parks and Recreation Department Budget; "other improvements". For Council Action To approve/disapprove the installation of fences on Field Two and direct staff to issue a purchase order to Tennis West, Inc. KV/nh P.T. 13 +6207�V'- 3' I 1 'ti' 9 --_- m //,,'4 310' - - ui /I I f I W C O \ 4 c5 11. ,ate 1 — ---- ti A I I 2 4 --20 ?s mr. _ ti �. I N X60, ,x I �- — ----• - . /(7,4, •F 70 ! r) -- 4 i 0 0 o I v o` r '� N CD _ �- '•?o •tiny up ■ c, •,;I?C.7+31.34 ■ ? ID m L_ - 23 711 13 • . .. -(�, a ( D •�\c., Q � off? 1!"11J - — - __<La G 4`C. ti0 . C" Nr '. I o 111 T O,, a �� `" ' I� o i I I �r L . 1 1 1 -i �. ao1a ! m ■ +S , I r co Oh ;' Zao. I to r L-- I v t 310' I i\s‘ 410 Il _____ , - 2 1_ __... ____i;_t___. 41 L iI �y . I I . - m L to Z Z 0 C ' 'V C 9 ro rn —I -, xo 6 x r 4 • .., -1 0 • a _, >D m - - < 'gym n r Agenda Information Memo September 16, 1991 City Council Meeting I:CONSENT AGENDA There are seventeen (17) 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. A. PERSONNEL ITEMS PERSONNEL ITEMS Item 1. Contractual Services/Cliff Road Water Treatment Facility -- As the Council is aware, Joe Connolly, Superintendent of Utilities/Buildings, will be retiring from the City as of September 20, 1991. Superintendent Connolly has been the designated project manager responsible for overseeing the day-to-day contract management of the Cliff Road Water Treatment Plant. The scheduled completion date for the plant is the first part of November, 1991. Given Mr. Connolly's expertise on the project and the close proximity of the completion date, it is the recommendation of City Administrator Hedges and Public Works Director Colbert that Mr. Connolly be retained as a contract manager for this project until its completion. The recommendation is obviously made because it would be very difficult to assign another employee to this project, familiarize him/her with the background and history of the project and have him/her make a significant contribution as a manager prior to the rapidly nearing completion date. It is estimated that approximately eight to ten hours per week will be needed to fulfill the obligations of the contract manager. ACTION TO BE CONSIDERED ON THIS ITEM: To approve retaining Joe Connolly as a private consultant to oversee the contract management for the Cliff Road Water Treatment Plant (Contract 89-13). 9 1 Agenda Information Memo September 16, 1991 City Council Meeting CITIZENSHIP/CONSTITUTION PROCLAMATION B. Proclamation, September 17,Citizenship Day and September 17-23, 1991,Constitution Week--The Federal Constitution Commission and the Daughters of the American Revolution have requested that the City consider a proclamation of Citizenship Day, September 17 and Constitution Week, September 17 - 23, 1991. A copy of the proclamation is enclosed on page 1 ( for your review. The proclamation and the events it recognizes mark the final year of the five year bicentennial of the United States constitution. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the proclamation designating September 17, 1991 as Citizenship Day and -September 17 - 23, 1991 as Constitution Week as presented. 1 CITY OF EAGAN PROCLAMATION CONCERNING DESIGNATION OF SEPTEMBER 17 AS CITIZENSHIP DAY AND OF THE WEEK OF SEPTEMBER 17 - 23 AS CONSTITUTION WEEK WHEREAS, We the People did ordain and establish a Constitution for the United States of America to secure the blessings of liberty for ourselves and our posterity; and WHEREAS, it is important that all citizens fully understand the provisions, principles and meaning of the Constitution so they can support, preserve and defend it against encroachment; and WHEREAS, the Bicentennial of the Constitution provides an historic opportunity for all Americans to learn about and to reflect upon the rights and privileges of citizenship and its responsibilities; and WHEREAS, the President and the Congress of the United States have designated September 17 as Citizenship Day and the week of September 17 - 23 as Constitution Week; and WHEREAS, the people of the City of Eagan do enjoy the blessings of liberty, the guarantees of the Bill of Rights, equal protection of the law under the Constitution, and the freedoms derived from it; NOW, THEREFORE BE IT RESOLVED, that the City of Eagan in cooperation with the Commission on the Bicentennial of the United States Constitution do hereby proclaim September 17 as Citizenship Dav and the week of September 17 - 23 as Constitution Week, and invite every citizen and institution to join in the national commemoration. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: ` Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: ` � Agenda Information Memo September 16, 1991 City Council Meeting AGREEMENT/APPROVE INDEMNITY AGREEMENT C. Agreement, Approve Indemnity Agreement - First Trust--In March of 1991 the City received a Notice of Claim from Erickson Law Offices of Brainerd on behalf of a Mrs. Gladys L. Nelson. The claim stated generally that Mrs. Nelson had not been paid by First Trust Company following her purchase of a $10,000 City of Eagan bond. First Trust had previously been billed by Mrs. Nelson's accountant not only for interest on the Eagan bond but for interest on four other bonds as well. First Trust evidently responded that the monies due to Mrs. Nelson had been paid to another individual. First Trust has a great deal of documentation as to how and why the funds were paid as they were. City staff has taken the position that the problem is between Mrs. Nelson and First Trust per the agreements between them and the City at the time the bonds were sold. The City Attorney's office has worked with First Trust and an Indemnity Agreement has be,prepared protecting the City against this claim. Attached on pages /, 3 through /S is a copy of the proposed agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Indemnity Agreement between First Trust and the City regarding the Gladys L. Nelson claim. INDEMNITY AGREEMENT Agreement made the day of , 1991, between FIRST TRUST NATIONAL ASSOCIATION, P.O. Box 46111, St. Paul, Minnesota 55164-0111 ("FIRST TRUST") and CITY OF EAGAN ("CITY") . WHEREAS, the CITY OF EAGAN adopted a Resolution on October 3 , 1984 authorizing the issuance of $7,280,000 General Obligation Improvement Bonds 1984 ; and WHEREAS, FIRST NATIONAL BANK OF ST. PAUL ("FIRST NATIONAL BANK") was designated as the paying agent, registrar and transfer agent for the bonds pursuant to an Agreement dated September 25, 1984, between the CITY OF EAGAN and FIRST NATIONAL BANK; and WHEREAS, pursuant to Section 1.9 (c) of the September 25, 1984 Agreement, FIRST NATIONAL BANK was to pay the interest due on the bonds to the registered owners of the bonds; and WHEREAS, on March 14 , 1991, GLADYS L. NELSON of 456 Tyrol Drive, Brainerd, Minnesota 56401 made a claim against the CITY in the approximate amount of $6, 600. 00 alleging that FIRST TRUST, a member of First National Bank System, the CITY's paying agent, failed to pay Ms. NELSON monies due and payable to her the CITY OF EAGAN General Obligation Improvement Bond(s) of 1984. NOW, THEREFORE, in consideration of the payment of One Dollar ($1.00) and other good and valuable consideration, the receipt of which are hereby acknowledged, FIRST TRUST hereby agrees to indemnify, defend and hold harmless the CITY, its officers, employees, agents, successors and assigns from and against any and � 3 all loss, claim, liability, damage, judgment, penalty, or injunctive relief resulting from an action or cause of action arising out of FIRST TRUST's failure to pay GLADYS NELSON any sum owed her as a result of her purchase of the CITY OF EAGAN General Obligation Bond(s) . Moreover, FIRST TRUST agrees to reimburse the CITY for any and all costs incurred by the CITY as a result of any and all claims made by GLADYS NELSON, including reasonable attorneys' fees. This Indemnity shall be governed by and construed in accordance with the laws of the State of Minnesota. FIRST ST NATI NAL ASSOCIATION By. S?-P Its: CITY OF EAGAN By: Thomas A. Egan Its: Mayor, By: E.J. Van Overbeke Its: City Clerk APPROVED AS TO FORM: • . /14244,, (-A City Attorney's Of ice Dated: o l` 3/ /9 / APPROVED AS TO CONTENT: Finance Department Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 AMM/206-9418 1 `C Agenda Information Memo September 16, 1991 City Council Meeting PARK CENTER 2ND ADDITION FINAL PLAT D. Final Plat, Park Center 2nd Addition--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 Monday'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 meeting. A copy of the final plat as it appears for filing at Dakota County is enclosed on page /7 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Park Center 2nd Addition. 1 (9 ti Ji sr 1 r1 1`1111 t ( it- IE i I F:i 11. 1 li's; I 1 - 9 1I a �. ; tD � .3 ! It 1 P 4 i• li ti 3 » i Q !Iir r I I€ 1 3 # Y I i 3 to ,i.i a E 3 trl iI _ 1111 r 14 If 0,11- i'. il !iiii; ; ii ii li / Ili Rt ; pi!� - r iii a r 1 I; - I z l kt ! tiI I lr i i t o i ! 1 r i I E 1 I .$1 ! i# .f 1 t i 1 ' i iii r a w; III it ! I s p ItiJi111 , jsj , ,{Es '�t 1 1I. Q L i i e. . - 1 i _ air RA tE �r ill! q t I _Pi = r < 0 0 z 0 0 CO w tt i o I (1) Z..................—....mor a 1 X W I it W 1 • I— i •-- Z = 1 *� W �yg o 1 cr s i1II r.- Y } I ' I � 4 a 1 ! ! � I �w Q I 1 I j I I L 712:10.0$00 It w / T r a I 3i _ ' r; ;lO • • .. _� rI J ' i O' ' Il. � ci I II •.•... i . l! • tL la I \ • ( r O N I Cg t so.t PI ip f - . .... ..�.. .. .... - . 13.2C.tO.011 OOOOL s >. —t— 8 Jill Yr03O I SODOM OM07X MIN I 3 I 1mY71wr03 11n7 lima I 5I x o r 1 fr? Agenda Information Memo September 16, 1991 City Council Meeting 1992 LANDFILL ABATEMENT FUNDING. E. Application, 1992 Landfill Abatement Funding--Enclosed on pages /q through a7 is a copy of Recycling Coordinator Hageman's memorandum covering the 1992 Dakota County Landfill Abatement Funding application. Modifications to the program had been previously discussed with the City Council last spring. The Landfill Abatement Program is a principal source of funding for the City's recycling effort as reflected in the proposed 1992 City budget. In action taken at its meeting of September 10, 1991, the Solid Waste Abatement Commission formally endorsed the application and recommended that the City Council authorize its submittal to the County by the October 1, 1991 deadline. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1992 Landfill Abatement Funding application as presented. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: RECYCLING COORDINATOR HAGEMAN DATE: SEPTEMBER 9, 1991 SUBJECT: 1992 LANDFILL ABATEMENT APPLICATION/DAKOTA COUNTY Staff has recently completed the Dakota County 1992 Landfill Abatement Funding Application. The funding guidelines for 1992 differ significantly from 1991 and the proposed work plan and budget reflect such changes. The 1992 Funding Guidelines state each municipality within Dakota County is eligible for $2/HH/YR and is required to allocate appropriate funds from that total (Eagan= $36,900) for solid waste abatement program administration and promotion/education. The attached application details program activities for the year, expected residential tonnages and a program budget. The Solid Waste Abatement Commission will review the application at its regular meeting Tuesday, September 10. Approval of the application is expected. The application to Dakota County is due on or before October 1, 1991 and requires Council approval for submission. Staff requests the placement of this item on the City Council Agenda for September 16, 1991. If you have any questions regarding the application or program activities please let me know. .ulgl _ t € Rec cling Co. dinator cc: Assist.nt to the City Administrator Hohenstein 19 ATTACHMENT 1 1992 LANDFILL ABATEMENT FUNDING APPLICATION City/Township: Eagan Date Submitted: Address: 3830 Pilot Knob Rd. Program Period: 1/1/92 to Eagan, MN 55122 12/31/92 I. If this is a multi-community project, please list all participating communities and the lead community or agency for the project, and attach a copy of the Joint Powers Agreement. II . Please provide a brief overview of 1992 abatement activities; indicate whether these are a continuation of existing programs expansion of existing programs; or new programs: (If more space is needed use extra sheets. ) See Attached 1-1 C;7° 1992 Landfill Abatement Funding Application II. Overview of 1992 abatement activities: Continued Programs- o Curbside collection for recyclables. Single family to four-unit household in addition to a number of townhome complexes are served by weekly, same day collection of recyclables and refuse. Residents are supplied two stackable containers for recyclable materials. To date, materials collected in the curbside program include; newspapers, glass, tin and aluminum, plastic bottles and corrugated cardboard. Additional items such as rigid plastics and magazines will be added citywide in 1992 . - o Multi-family collection for recyclables. Recycling opportunities are available to all residents in multi-unit housing (5+ units) . Collection systems do vary between complexes. The most common system used is the use of 90 gallon containers organized adjacent to/or near trash enclosure areas. o Drop-off opportunities for aluminum cans and (LDPE) plastic grocery and produce bags are available. The local Cub Food store has a collection system organized for plastic bags. A private vendor operates a aluminum can redemption machine on the premises. Rainbow Foods also has a plastic bag collection system organized. o Recycling in the Parks. Continued recycling of aluminum cans at municipal parks. The main focus for the program is the Northview Athletic Complex which over a summer will allow over 70, 000 residents/visitors the opportunity to recycle. o Waste Reduction Activities at all municipal buildings continues to increase. Continued work on managing our wastes in the most environmentally sound manner. Work began August 1991. o Yard Waste. Anticipated continuation of the Dakota County/Eagan Yard Waste Compost Facility. III. Complete the following section for all applicable activities, whether a continuation or expansion -of existing activities or new activities for 1992 : A. Curbside Collection of Recyclables: 1. Number of households to be served: 18,450 2 . Frequency of collection: weekly bi weekly other 3 . Number of Residential Recycling Haulers: 8 4 . Materials collected (circle all that apply) : newspaper mixed paper food cans beverage cans glass plastics used oil "magazines corrugated cardboard j other (specify) 6. Expected abatement from curbside: 3,200 tons B. Drop off Centers for Recyclable Materials: 1. For each drop-off center please provide: a. Operator: Walt Sentyrz Address: Cub Foods Stores Eagan - Cliff Lake Centre Days/Hours of Operation: 365 days/year Materials Collected: aluminum cans - can redemption machine b. Operator: Cub Foods Rainbow Foods Address: Cliff Lake Centre Town Centre Days/Hours of Operation: 24 hours 24 hours Materials Collected: Plastic LDPE Bags Plastic LDPE Bags Paper grocery bags 2 . Expected abatement from Drop Offs: 25 tons 1-2 . 02, C. Multi Family Recycling • 1. Total number of units served: 6,478 2 . Total number of buildings served: 253 3 . Frequency of collection/collection method (s) used (description) : Most operate with containers for recyclable materials adjacent to trash enclosure areas. Some buildings have separate container areas in parking garages or free spaces. Collected a minimum of once a week. 4 . Materials collected (Circle all that apply) newsprint mixed paper used oil food Can verage cans C glass plastics magazines other orruga et d cardboard 5. Expected abatement from multi family units: 400 tons D. Yard Waste Program 1 . Please provide a brief description of the community's role in yard waste collection. -- Refuse haulers may collect separated yard wastes from residents. -- Back yard composting activity is on the rise. -- Anticipated continued operation of the Dakota County/Eagan yard waste facility. 2 . Drop off: (Complete the following only if this is a community owned/operated yard waste collection site) Location: Hours: Fees: 3 . Expected yard waste abatement in 1992 (curbside/dropoff) : 2.800 tons E. Describe any commercial/industrial recycling activities you will undertake in 1992 (this is not a required program) . -- Technical assistance as requested -- Distribution of white office paper recycling boxes as requested -- Distribution of waste reduction information as requested -- Continued work with County staff on commercial recycling/waste reduction activities 1-3 mmmimilw F. Describe program specific public education/promotional activities that will be undertaken in 1992 . See Attached - residential : a minimum of one written communications must be sent to each household in 1992 . - institutional (schools) : a minimum of 4 presentations must be made in schools in 1992 . commercial/industrial G. Describe your in-house recycling/procurement program. Municipal Center: -- Collection of newspapers, magazines, white office paper, glass, metal , plastic bottles and corrugated cardboard. Semi-comingled recyclables collected in single container -- Collection of recyclables also done at the Maintenance Facility and Fire Administration buildings - Continued increase of supply & paper product purchase made with IV. Work Plan_ consumer materials. -- Waste reduction methods implemented Fall of 1991 continued -- Procurement Policy ujde book used. Developed Fall pf 1991 Dakota County will distribute any approved funding in two equal payments, provided communities meet specified development objectives. Please provide a work plan for 1992 and highlight the objectives to be met by the following dates: See Attached o June 15 o December 31 1-4 V. Budget January 1, 1992 to December 31, 1992 . County Community Reimbursement Share Total Administrative Costs: Direct Salaries $22,300 $3,000 $25,300 Direct Mileage 200 200 Promotion Education: Printing 8,030 8,030 Distribution 3,410 3,410 Advertising 2,960 2,960 Other Costs: Container Storage 7,000 7,000 Reference Mats. 200 200 Local Mtg. & Exp. 750 750 Dues & Subscriptions 120 120 Schools & Conf. 300 300 Operating Supp. 200 200 Contractual Services 36,900 4,690 4,960 TOTAL: 16,260 53,160 Requested Funding $ 36,900 From County** : * Unexpended 1991 funds may not be carried over to 1992 ** Request may not exceed that amount shown on the Maximum Reimbursement Schedule - Attachment 4 1-5 a 1992 Landfill Abatement Funding Application F. Specific promotion/education activities. Residential A minimum of one citywide brochure will be distributed. The brochure will contain specific information regarding recycling program operations and waste management ideas. A variety of materials will be produced for use in the multi-family recycling program. These materials may range from "new resident" information cards, to door hangers to signs for container identification. The local newspapers will also be targeted to inform the public of program operations/changes. Monthly reminders and information will be placed in both local papers. - Special events will also need promotion and program materials. Environmentally sound waste management booklets may be an item produced for such events as Earth Day or the Community Clean Up Day. The Eagan quarterly newsletter will have a four page "HERO Highlights" section dedicated to solid waste management topics. Annual participation in the Eagan Fourth of July Parade. Institutional- A minimum of four presentations will be made in schools during 1992. Elementary schools will be targeted for presentations and participation in school sponsored events. Production of presentation materials may be required. Commercial/Industrial- Distribution of "Desk-top" trays as requested (supply carried over from 1991) . Remaining guides for "Office Paper Recycling" will be distributed as part of any technical assistance offered. JCo Agenda Information Memo September 16, 1991 City Council Meeting GAMBLING PERMIT/HUMANE SOCIETY F. Resolution, Authorizing Gambling Permit for Minnesota Valley Humane Society for Pull-Tabs at Durning's Restaurant, 4625 Nicols Road--Modifications and state regulations have made it necessary to consider this item again even though it was approved at a recent City Council meeting. A memorandum from the Finance Department on pages . 9 through 3p covers the resolution in this regard. Also enclosed in your packets without page number is a copy of the application for your review. The Police Department has identified no reason to disapprove this application at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution authorizing a gambling permit for the Minnesota Valley Humane Society at Durning's Restaurant as presented. a'i 1992 Landfill Abatement Funding Application Program Work Plan 1992 Date Program Element 1/30/92 Community Annual Report Due 1-6/92 Continued Program Promotion- -monthly newspaper display ads. -multi-family promotion follow-up/ correspondence -2 citywide newsletter distributions -school presentations 4/92 Earth Day Celebration 5/92 4th Annual Community Clean Up Day 6/15/92 Payment #1 6-12/92 Continued Program Promotion- -monthly newspaper display ads. -multi-family promotion/correspondence -2 citywide newsletter distributions -school presentations 7/1/92 Program Revision Due 7/4/92 Fourth of July Parade 12/31/92 Payment #2 September 10, 1991 TO: CITY ADMINISTRATOR HEDGES FROM:ADMINISTRATIVE ASSISTANT WITT RE: MINNESOTA VALLEY HUMANE SOCIETY GAMBLING PREMISE PERMIT APPLICATION New state regulations require that all gambling permits be in effect for the calendar year. This application surfaced now because the Humane Society has -a location in Burnsville which requires approval . The Gambling Board wants all the Society' s applications to be reviewed now and then get them on a calendar year cycle. So even though we just approved the Humane Society's application we must do so again. The state requires 10 weeks lead time which means the application must be on the September 16 agenda. A reso- lution of approval is attached. It is my understanding the permit will be good for two years. RESOLUTION CITY OF EAGAN GAMBLING PERMIT FOR MINNESOTA VALLEY HUMANE SOCIETY ON DURNINGS PREMISES WHEREAS, The Minnesota Valley Humane Society has applied for a gambling premise permit to conduct a pull tab operation at Durnings, 4625 Nicols Road, and WHEREAS, The Eagan Police Department has reviewed the application and has not identified any reason to deny. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Eagan, Dakota County, Minnesota, hereby appoves the Minnesota Valley Humane Society application to conduct a pull tab operation at Durnings, 4625 Nicols Road. Motion made by: CITY OF EAGAN CITY COUNCIL Seconded by: BY: Those in Favor: Those Against: ATTEST: Dated: 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 16th day of September 1991 . E.J. VanOvsrbeko, City Clerk 0 Agenda Information Memo September 16, 1991, City Council Meeting RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (STERNS ADDITION) G. Project 561,Receive Final Assessment Roll/Order Public Hearing(Sterns Addition - Streets & Utilities)--Installation of streets and utilities to service the Sterns Addition (Pinewood Elementary) and the Autumn Ridge development has been completed, all costs tabulated and the final assessment roll has been prepared identifying the costs and method of financing this public improvement. The final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these final costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 561 (Sterns Addition - Streets & Utilities) and schedule a public hearing to be held on October 15, 1991. RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (LEXINGTON AVENUE) H. Project 531,Receive Final Assessment Roll/Order Public Hearing(Lexington Avenue - County Road 43) - Streets & Utilities--Installation of streets and utilities for Lexington Avenue (County Road 43) from Yankee Doodle Road to Diffley Road has been completed, all costs tabulated and the final assessment roll has been prepared identifying the costs and method of financing this public improvement. The final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these final costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 531 (Lexington Avenue - Streets & Utilities) and schedule a public hearing to be held on October 15, 1991. RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (EFFRESS ADDITION) I. Project 567R,Receive Final Assessment Roll/Order Public Hearing(Effress Addition -Storms Sewer Facilities)--Installation of storm sewer facilities to service the Effress Addition has been completed, all costs tabulated and the final assessment roll has been prepared identifying the costs and method of financing this public improvement. The final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these final costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 567R (Effress Addition - Storm Sewer Facilities) and schedule a public hearing to be held on October 15, 1991. Agenda Information Memo September 16, 1991, City Council Meeting BID RE RECEIVE BIDS/AWARD CONTRACT C S/ (WELL #16) J. Contract 91-09, Receive Bids/Award Contract (Well #16)--At 10:30 a.m. on Friday, September 13, formal bids were received for the installation and development of Well #16 to be located in the northwest corner of the Unisys Campus. Enclosed on page 33 is a summary of the bids received with a comparison of the low bidder to the estimate contained in the feasibility report which was presented to the City Council on August 6, 1991. All bids submitted will be reviewed for their accuracy in extensions and additions with any deviations being addressed at the Council meeting on September 16. The easement documents have been delivered to the Unisys Corporation for their execution. Per discussions with their attorney, they have indicated there will be no problems in having this easement executed and provided to the City in accordance with a Well Field Development Agreement between Unisys and the City of Eagan. Therefore, staff feels comfortable in recommending the Council to award this contract. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 91-09 (Well #16) and award the contract to the lowest responsible bidder. 30 WELL #16 PROJECT 611A CONTRACT #91-09 CITY OF EAGAN 1991 BID DATE: Friday. September 13. 1991 BID TIME: 10:30 A.M. C.S.D.T. CONTRACTORS TOTAL BASE BID 1. Keyes Well Drilling Company $123,875.00 2. Renner 128,475.00 3. Bergenson Caswell 152,170.00 4. Layne Minnesota Company 154,345.00 LOW BID $123,875.00 Engineer's Estimate $140,000.00 % Over (+) Under (-) E.E. -11.5% Agenda Information Memo September 16, 1991, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (WELL #16 - TRANSMISSION MAIN). K. Contract 91-10, Receive Bids/Award Contract (Well #16 -Transmission Main)--At 11:00 a.m. on Friday, September 13, formal bids were received to provide for the installation of the raw water transmission main from the Timberline Wellhouse and the new Well #16 to the City's water treatment facility from the Unisys Campus. Enclosed on page is a copy of that bid opening. All bids will be reviewed for their accuracy in extensions and additions and any deviations will be so noted at the Council meeting on September 16. The easement documents necessary for the installation of this contract have been forwarded to the Unisys Corporation for execution. In accordance with the attorney representing Unisys, they have no objections and will be processing the easements in accordance with the previously executed Well Field Development Agreement. Therefore, staff is recommending that the Council award the contract as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 91-10 (Well #16 - Transmission Main) and award the contract to the lowest responsible bidder. 4 WELL #16 RAW WATER TRANSMISSION MAIN PROJECT 611C CONTRACT #91-10 CITY OF EAGAN 1991 BID DATE: Friday. September 13, 1991 BID TIME: 11:00 A.M. C.S.D.T. CONTRACTORS TOTAL BASE BID 1. Annandale Contracting $120,835.00 2. Volk Sewer & Water 131,877.00 3. F.F. Jedlicki 140,456.00 4. S.M. Hentges 142,820.00 5. Excel Utilities 146,470.50 6. Ceca Utilities 151,744.00 7. B & D Underground 170,671.00 LOW BID $120,835.00 Engineer's Estimate $141,000.00 % Over (+) Under (-) E.E. -14.3% Agenda Information Memo September 16, 1991, City Council Meeting CONTRACTUAL SNOW REMOVAL SERVICES L. Contractual Snow Removal Services, Receive Bids/Award Contract--At 10:30 a.m. on Friday, September 13, formal bids were received to provide private contractual snow removal services to the City of Eagan for one main line and one cul-de-sac route. Enclosed on page 31 is a copy of the bid estimate. The bids and the contractor's equipment will be evaluated with any deviations being so noted at the meeting on September 16. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for contractual snow removal services and award the contract to the lowest responsible bidder. H - - rn CA H (I z H r•1 C4 Z W • [44 0 .. a L. kz2 t CC a H 14 O ° H /me CD a z z H yW 3 za O ° p m 3 03 � Q1.- 1.1.1 ICC 2 Li. w L G r a s Z O S o Ow a°` > 0 H Z2 s � W CC O c --z- .. w� 1 v/ c E V a V C`O te o o V Q q -5 1 Agenda Information Memo September 16, 1991 City Council Meeting SHOWS LICENSE/DAKOTA, INC, M. Shows License, Dakota, Inc., for FunFest, September 20 - 21, 1991—An application has been received of Dakota, Inc.,for a shows license to permit Stipes Shows to provide carnival services for Dakota, Inc., FunFest for September 21 and 22, 1991. For additional information in this regard, please refer to the Finance Department memorandum on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve the shows licenses for Dakota, Inc., for Dakota, Inc., FunFest as presented. (3V Agenda Information Memo September 16, 1991 City Council Meeting PROCLAMATION/MARLENE ADAM DAY N. Proclamation, Marlene Adam Day in the City of Eagan, September 16, 1991—After 22 years of service to the City of Eagan and its Police Department, Marlene Adam submitted her resignation effective September 30, 1991. A reception in her honor is scheduled for September 16, 1991. A proclamation which is enclosed on page lit , would declare September 16, 1991 "Marlene Adam Day in Eagan." ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim September 16, 1991 to be Marlene Adam Day in Eagan. SEPTEMBER 12, 1991 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: SHOWS LICENSE FOR WILLIAM STIPE SHOWS as part of DAKOTA, INC. FUNFEST Deb Dahm of Dakota, Inc. received approval of a proclamation proclaiming Dakota Fun Fest Days (September 21 & 22,1991 ) at the September 3, 1991 meeting: However, they forgot to apply for a shows license. The fun fest dates necessitate having the shows license appli- cation on the September 16 agenda. It is my understanding that the Stipe Shows have had bookings in Maplewood and other cities for many years . Dakota, Inc. has the certificate of insurance covering liability and has paid the investigation and license fee. 3� CITY OF EAGAN PROCLAMATION OF "MARLENE ADAM DAY IN THE CITY OF EAGAN" SEPTEMBER 16 1991 WHEREAS, Marlene Adam has served the City of Eagan and its Police Department with dedication, efficiency, commitment and diligence, and WHEREAS, this service has extended for twenty-two years since the early days of the Eagan Police Force, and WHEREAS, Marlene Adam embodies those characteris- tics of exceptional competence and exemplary customer service that are representative of the highest qualities of public service, NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims September 16, 1991 to be "Marlene Adam Day in the City of Eagan," and BE IT FURTHER RESOLVED that Marlene Adam be presented with a key to the City of Eagan in recognition of the extraordi- nary value of her service, the loss to the City in her departure and our sincerest best wishes for a happy and healthy retirement for Marlene and her family. SO SAY WE ALL, THIS SIXTEENTH DAY OF SEPTEM- BER, NINETEEN HUNDRED AND NINETY-ONE. Mayor Tom Egan Councilmember Dave Gustafson Councilmember Pam McCrea Councilmember Tim Pawlenty Councilmember Ted Wachter , 1 Agenda Information Memo September 16, 1991 City Council Meeting PROCLAMATION/JOE CONNOLLY DAY O. Proclamation, Joe Connolly Day in the City of Eagan, September 17, 1991—After 20 years of service to the City of Eagan, Joe Connolly has submitted his resignation effective September 26, 1991. A reception in his honor is scheduled for September 17, 1991. A proclamation which is enclosed on page 43, would declare September 17, 1991 "Joe Connolly Day in Eagan." ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim September 17, 1991 to be Joe Connolly Day in Eagan. L/C - CITY OF EAGAN PROCLAMATION OF "JOE CONNOLLY DAY IN THE CITY OF EAGAN" SEPTEMBER 17 1991 WHEREAS, Joe Connolly has served the City of Eagan and its Public Works Department with dedication, efficiency, commit- ment and diligence, and WHEREAS, this service has extended for twenty years since the early days of the Eagan Public Works Department, and WHEREAS, Joe Connolly was integrally involved in and had personal responsibility for the development of the water supply/was- tewater treatment division of the Department, and WHEREAS, Joe Connolly embodies those characteristics of exceptional competence and exemplary customer service that are rep- resentative of the highest qualities of public service, NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims September 17, 1991 to be "Joe Connolly Day in the City of Eagan," and BE IT FURTHER RESOLVED that Joe Connolly be presented with a key to the City of Eagan in recognition of the extraordi- nary value of his service, the loss to the City in his departure and our sin- cerest best wishes for a happy and healthy retirement for Joe and his family. SO SAY WE ALL, THIS SIXTEENTH DAY OF SEPTEM- BER, NINETEEN HUNDRED AND NINETY-ONE. Mayor Tom Egan Councilmember Dave Gustafson Councilmember Pam McCrea Councilmember Tim Pawlenty Councilmember Ted Wachter L/3 Agenda Information Memo September 16, 1991, City Council Meeting RECEIVE FEASIBILITY REPT/ORDER PUBLIC HEARING. (MANOR LAKE 4TH ADDN) P. Project 621, Receive Feasibility Report/Order Public Hearing (Manor Lake 4th Addition)--In response to a petition submitted by the developer of the proposed Manor Lake 4th Addition, the Council authorized the preparation of a feasibility report regarding the installation of streets and utilities to service this residential development. The development is the fifth phase of the overall Manor Lake development which is located south of Cliff Road and west of TH #3. This feasibility report has now been completed and is being presented to the City Council for their consideration of scheduling a formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 621 (Manor Lake 4th Addition - Streets, Utilities & Streetlights) and schedule a public hearing to be held on October 15, 1991. RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING (SADDLEHORN ADDITION) Q. Project 619, Receive Report/Order Public Hearing (Saddlehorn Addition - Streetlights)--In response to a petition submitted by a majority of the residents in the Saddlehorn Addition, the Council directed staff to prepare a feasibility report to investigate the costs and method of financing the installation of this improvements. This feasibility report has been completed and is being presented to the Council for their consideration of scheduling a formal public hearing to be held on October 15, 1991. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 619 (Saddlehorn Addition - Streetlights) and schedule a public hearing to be held on October 15, 1991. 4(1 Agenda Information Memo September 16, 1991 City Council Meeting G EXPANSION/UNISYS TAX INCREMENT FINANCING DEVELOPMENT DISTRICT A. Expansion of Project Area for Unisys Tax Increment Financing District—At its regular meeting of August 6, 1991, the City Council set the public hearing for the above referenced item for the September 16, 1991 City Council meeting. The effect of the proposed action would be to permit tax increment proceeds from the existing district to be expended in a broader project area, specifically the semi-conductor facility, to enhance prospects for its sale to Northwest Airlines for use as a data center. Staff and consultants have been working with both Unisys and Northwest in recent months to finalize the details relative to the documents which are enclosed. For your information and background, enclosed on pages '{G through Cis a copy of Modification #1 to the tax increment financing plan and development program for Eagan Economic Development District #1. Also enclosed on page,r4 is an exhibit depicting the existing economic development district and the proposed amendment area. Enclosed on pages 17 through Ois a spreadsheet outlining the projected tax increment proceeds in this regard. Enclosed on pages through &2.-- a staff memorandum outlining the background relative to this item anj,potential findings relative to the "but for" test. Also enclosed on pages throughs an executive summary from the City's bond counsel outlining the proposed development agreement which is also enclosed on pagea,through At its regular meeting of August 27, 1991, the Eagan Advisory Planning Commission held a public hearing to consider the proposed expansion and to determine its compliance with the City's comprehensive guide plan. A copy of background information relative to this item and the APC minutes are enclosed on pages pthrough 74. for your review. The APC has found the application to be in compliance with the comprehensive plan. In addition, at its regular meeting of August 27, 1991, the Eagan Economic Development Commission considered this application and, likewise, found it to be consistent with the economic development goals of the City and the appropriate uses of tax increment financing for the encouragement of the expansion and renovation of existing businesses. A copy of the EDC minutes relative to this item are enclosed on pages throughfor your review. Finally, enclosed on pages 35through Lbo is a copy of the resolution undertaking the appropriate actions relative to this item. This resolution forms the basis for the proposed action before the Council on Monday evening. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution which 1) approves Modification#1 to the development program and tax increment financing plan for Economic Development District#1 and 2) approves the development agreement for the above referenced economic development district as presented. CITY OF EAGAN MINNESOTA MODIFICATION NO. 1 to - TAX INCREMENT FINANCING PLAN AND DEVELOPMENT PROGRAM FOR ECONOMIC DEVELOPMENT DISTRICT NO. 1 4958e Zi Introduction This Modification No. 1 to the Development Program and Tax Increment Financing Plan for Economic Development District No. 1 of the City of Eagan, Minnesota, is for the purpose expanding Economic Development District No. 1 and providing financial assistance in connection with the renovation and rehabilitation of an obsolete semiconductor plant adjacent to the original Economic Development District No. 1. On June 17, 1986 the City Council established Economic Development District No. 1 as a development district under Minnesota Statutes, Chapter 472A and also established a Tax Increment Financing District pursuant to Minnesota Statutes, Sections 273 .71 to 273 . 78 with coterminous boundaries which consist of the property described in Exhibit A hereto. This Modification expands the area of Economic Development District No. 1 to include an approximately 40-acre parcel on which the vacant Unisys semiconductor facility is located. The boundaries of the Tax Increment Financing District will remain the same. Objectives The objectives of the Development Program and Tax Increment Financing Plan are hereby expanded to include the providing of incentives to substantially renovate the semiconductor facility in order to provide employment opportunities and enhance the tax base of the City. Proiect Description and Development Program The actions expected to be taken in connection with the original Development Program for Economic Development District No. 1 have been completed, except for the installation of traffic signals which have been delayed. The actions expected to be taken in connection with the expansion of Economic Development District No. 1 include financial incentives in the form of a land write-down or other method to induce the renovation of the vacant Unisys semiconductor facility. The City plans to enter into a development agreement with Northwest Airlines, Inc. or other party agreeing to purchase the facility from Unisys and expend private funds to renovate the facility into a facility capable of performing an economic function which will provide substantial employment opportunities . If a development agreement is entered into with Northwest Airlines, Inc. , it is expected that Northwest would acquire the facility and renovate it for use as a data center and office facility. The renovation costs are expected to be approximately $12 million and, after completion in 1992, the facility is expected to be capable of employing 1,000 persons . The assistance will take the form of a "pay-as-you-go" tax increment note whereby approximately $1, 900,000 of tax increment from the Tax Increment Financing District will be 47 paid to the holder over the remaining life of the Tax Increment Financing District. Tax Increment Financing District The area, nature and duration of the Tax Increment Financing District are not changed. The original Tax Increment Financing Plan stated an expectation that 50% of the tax increment collected from the Tax Increment Financing District would be returned to the County Auditor for distribution to the affected taxing jurisdictions. The City hereby exercises it option as provided in the Tax Increment Financing Plan to retain 100% of the remaining tax increment collections received with respect to the Tax Increment Financing District. Costs and Revenues The costs of the assistance to be provided to Northwest Airlines, Inc. or other developer is $1, 900, 000 . Administrative costs will not exceed $190, 000 . All of these costs will be paid from tax increment generated from the district . Bonded Indebtedness Except for the tax increment note in the amount of approximately $1, 900, 000, no additional bonded indebtedness will be incurred as a result of the additional activities contemplated by this Modification. The note will not include any capitalized interest. The debt service on the tax increment note will be paid solely from current collections of tax increment from the Tax Increment Financing District. Boundaries of Economic Development District No. 1 The boundaries of Economic Development District No. 1 are hereby expanded to include an approximately 40-acre parcel as shown on the map attached as Exhibit B. The legal description of the additional parcel is set forth in Exhibit C. Land Acquisition - The City may acquire all or part of the 40-acre parcel as part of any development agreement in connection with the project . Basis for Findings The City has established the following facts in connection with the expansion of Economic Development District No. 1: -2- U a) The semiconductor facility was closed in 1987 as a result of economic obsolescence of the facility. b) With substantial renovation the facility is capable of providing employment for up to approximately 1,000 employees. c) The total costs of renovation necessary to remove the conditions creating the obsolescence and otherwise improve the facility are estimated to be as much as $12,000,000. d) The opportunity and feasibility for development of the expanded area by private parties is maximized through the use of tax increment financing. Given the unavailability of funding from other governmental sources and the necessity of substantial renovation to make the facility functional, the use of tax increment financing will maximize the development opportunities within Economic Development District No. 1. There are presently no formal studies relating to compliance with the "but for" test. City staff have investigated the condition of the facility and obtained information relating to the improvements and plans of Northwest Airlines, Inc. This information will be presented at a public hearing on this plan to be held September 16, 1991. District Certification and Duration of Tax Increment Financing District The County Auditor certified the original assessed value of the Tax Increment Financing District on August 13, 1986 . The first collection of tax increment with respect to the Tax Increment Financing District was June, 1988 . Therefore, the Tax Increment Financing District will terminate prior to the first collection of tax increment in 1996 . Estimated Tax Increment Attached hereto as Exhibit D is an estimate of the - future collections of tax increment from the Tax Increment Financing District. Impact on Other Taxina Jurisdictions The $1, 900,000 budget for the additional tax increment financing assistance plus up to $190, 000 of administrative expenses will result in an extension of the duration of the estimated life of the district to its legal limit. Attached as Exhibit E is an analysis of the impact on other taxing jurisdictions . -3- 4467 If it is assumed that the value of property in the district would not be enhanced as a result of the additional expenditures, the City, Independent School District No. 197 and Dakota County would, in the aggregate, ultimately spread against other property in such jurisdictions taxes in an amount equal to the additional tax increment expenditures to be made in accordance with this plan. The City does not assume that the activities will substantially increase the tax capacity of the district. However, the activities will increase the value of property in Economic Development District No. 1 outside the tax increment financing district. The other taxing jurisdictions will benefit from the value added by the improvements as soon as they are completed. This will partially offset the short-term negative impact of the extension of the duration of the district and produce greater taxable value over the long term, assuming the improvements would not otherwise be constructed. 4958e -4- .o EXHIBIT A All that part of Lot 1, Block 1, Sperry Park, located in the SE 1/4 of the NE 1/4 of Section 9, T27, R23, Dakota County, • Minnesota. ._ • 1 0 Exh,4ir 13 Am., •MILAN[ ') abetioce III t� Towervlew -o_•. II I .I Pilk"' _ 4 / . :.:„.....:::::::„:„.. ....•.•.:.:::.:.:.:.:.:.:.::::::.:.:.:. .:::::::::.:„. .::::::::::„:„::::::::::::.. .:::::::::::.:.:.:.::::::::::::.:.::::::::::.. ::::.:., ...„„„:,„„:„.„„,.:„„,:„„*„„,„,„ ,..; ,,, .,,,, .::::::::::4m.:0:f::: ..*:::::::::„...:„:„.....„7., , .....:,,..x .:....:.x.:.. ..xm.:.:.:.:::.:::.: ..2,. .., ...::::::::.x.::::::::::::::::.:.::::::::. : ..:.:.. , ...::::... , ., ::::.:.:.::::::::.:.:.:.:.::::::::::.:.:.:.:: :. ....:. ... :..0.. , 1 . r- ...:::::::.:.:.:.::::::::::.:.:.:.:.:.:.:.:..... .:. .:.:.:s ..i. , _21.________. =T_ /, I .1 •i //,,,„/ I Iii I 1 1 , t i) i. t f,, 1 1.. i /�:, z� r � • 1 & Ai 1:0 i___ , / 1 . 1 � __ �... 1 _tr-i 1 Y L / __ ,._ , . L , , -fi --- 1 I-- r n le I i fr 4 am....i.r N16 4 ir3 a 1 i I . so EXISTING TAX INCREMENT LOT 1 I FINANCING DISTRICT AND • 1..._ •ECONOMIC DEVELOPMENT —- DISTRICT 11 4 �� • Om PROPOSED AMENDMENT TO ECONOMIC DEVELOPMENT �`I DISTRICT*1 ••� �� =- �-' l�atikee ••••le sus 1J 1 l I 1 Exhibit C Addition to Economic Development District No. 1 Lot 3, Block 1, Unisys Park, Dakota County, according to the recorded plat thereof. 4993e 5 3 City of Eagan, Minnesota Eagan Tax Increment Financing District No. 1 Scenario A - Expand Project Area and Use Excess Increment from Tax Increment Financing District No. 1 for Land Writedown on a Pay-As-You-Go Basis Value as of 1-2/Tax Collection Year 1990/91 1991/92 1992/93 1993/94 1994/95 (1) Captured Tax Increment (See note 1) $486,134 $486,134 $486,134 $486,134 (2) Less: Debt Service on Outstanding Tax Increment Bonds (152.950) (154,338) (149,894) 0 (3) Projected Available Tax Increment 333,184 331,796 336,240 486,134 (4) Beginning Cash Position on 2-2-92 (See note 2) $426,426 (5) Cumulative Cash Position (See note 3) 759,610 1,091,406 1,427,646 1,913,780 NOTES 1. Assumes the estimated market value of the parcel remains constant at the 1990 level. The economic adjustment factor for the economic tax increment district remains at 22%, but is NOT included in this calculation. The result is a slight overstatement of resources. • 2. The beginning cash position of the tax increment district was calculated as follows: 1-1-91 Cash Position $356,444 Plus: 1991 Tax Increment Collection 243,067 Less: 1991 Debt Service Payments on Outstanding Tax Increment Bonds (159,513) 12-31-91 Cash Position $439,998 Less: 2-1-92 Debt Service Payment on Outsanding Bonds for Transition to Levy Cycle (13,506) Net Beginning Balance on 2-2-92 $426,492 3. Beginning 1-1-92 the City must deposit ALL tax increment revenues in the Capital Projects Fund and transfer only funds necessary to make debt service payments. Prepared 07/11/91 By SPRINGSTED Incorporated 6 LI Zx4I6. f e" °_ • > 0 0 C • N — �QI 8 N • • a 6 x 0 -' 0O •-yY� iV N C a V • O O N N • r u 10. _ 0 o s if L. 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AI 14'1z" ! --- Z I ...l Idl- I ..--. , , • , . , ,. , , L / ..t.1. •I Y.f. ________ I I Fa: • 0•A►i • 1 ; I= 1 IS I i I no EXISTING TAX INCREMENT LOT 1 IN FINANCING DISTRICT AND 1 • - l IIIIIMM.■ ECONOMIC DEVELOPMENT ; - •• DISTRICT st i �w JPROPOSEDA €NDMENTTO „� � ECONOMIC DEVELOPMENT ` . �•• DISTRICT s1 . - N - 1 1 �� i Ii i --- - $ I I s1 CITY OF EAGAN, MINNESOTA TAX INCREMENT DISTRICT#1 AMENDMENT Tax Increment District Base Data Original Date of Certification 6-17-86 Certification from County &13.86 Last Year of Collection (Per County) 1995 Inflation Adjustment Factor 22% Fiscal Disparities Cont. Ratio 27.5834% Adjustment to Original Base Value 1991/92 1992/93 1993/94 1994/95 Estimated Market $1,651,600 $2,015,000 __ $2,458,300 $2,999,100 First$100,000 3,100 3,000 3,000 3,000 Over$100,000 73.701 90.005 108.481 133.358 Adjusted OTC $ 76,801 $ 93,005 $ 111,481 $ 136,358 Computation of Increment Income Estimated Market $17,000,000 $17,000,000 $17,000,000 $17,000,000 First$100,000 3,100 3,000 3,000 3,000 Over$100,000 802,750 794,300 777,400 777,400 Tax Capacity $ 805,850 $ 799,000 $ 780,400 $ 780,400 Fiscal Disparity Cont. 222.281 219.922 215.261 215.261 Net Capacity $ 583,569 $ 577,378 $ 565,139 $ 566,298 Less: Adj. OTC (76,801) (93.005) (111.481) (136,385 ) Captured Value $ 506,768 $ 484,373 $ 453,658 $ 428,754 Tax Capacity Rate 90.434% 90.434% 90.434% 90.434% Increments $ 458,291 $ 438.038 $ 410.261 $ 387.739 Note class rate for tax capacity is: 4.75%pay 92 4.70%pay 93 4.60%pay 94 5r7 Prepared September 5, 1991 City of Eagan, Minnesota Eagan Tax Increment Financing District No. 1 Scenario A- Expand Project Area and Use Excess Increment from Tax Increment Financing District No. 1 for Land Writedown on a Pay-As-you-go Basis Value as of 1-2/Tax Collection Year 1990/91 1991/92 1992/93 1993/94 1994/95 (1) Captured Tax Increment $458,291 $438,038 $ 410,261 $ 387,739 (2) Less: Debt Service on Outstanding Tax Increment Bonds -0- -0- -0- -0- (3) Projected Available Tax Increment $ $ $ $ (4) Beginning Cash Position on 2-2-92 (See Note 2) $15,716 (5) Cumulative Cash Position (See Note 3) $474,007 $912,045 $1,322,306 $1,710,045 Notes 1. Assumes the estimated market value of the parcel remains constant at the 1990 level($17,000,000). the economic adjustment factor for the economic tax increment district remains at 22%, and is included in this calculation. The fiscal disparity ratio remains at 27.5834%. 2. The beginning cash position of the tax increment district was calculated as follows: 1-1-91 Cash Position $ 356,444 Plus: 1991 Tax increment Collection 243,067 Less: 1991 Debt Service Payments on Outstanding Tax Increment Bonds (159.513) 12-31-91 Cash Position $439,998 Less: 2-1-92 Debt Service Payment on Outstanding Bonds for Transition to Levy Cycle _111,5_106 Net Beginning Balance on 2-2-92 $426,492 Less: Present Value of Future Payments (410.776) Net Funds Available $ 15,716 3. Beginning 1-1-92 the City must deposit ALL tax increment revenues in the Capital Projects Fund and transfer funds only to retire Notes. g Prepared September 5, 1991 CITY OF EAGAN, MINNESOTA PROJECTED TIF REVENUE NWA EXPANSION PROJECT COMPUTATION OF ADJUSTED BASE VALUE 1991/92 1992/93 1993/94 1994/95 1990 Adj Base 1,651,600 2,014,962 2,458,241 2,999,055 First 100,000 3,100 3,000 3,000 3,000 Over 100,000 73,701 90,003 108,479 133,357 Adj Tax Cap 76,801 93,003 111,479 136,357 COMPUTATION OF INCREMENT INCOME Est. Mkt. Val 17,000,000 17,000,000 17,000,000 17,000,000 First 100,000 3,100 3,000 3,000 3,000 Over 100,000 802,750 794,300 777,400 777,400 Adj Tax Cap 805,850 797,300 780,400 780,400 Less F/D Cont 222,281 219,922 215,261 215,261 Net Tax Cap 583,569 577,378 565,139 565,139 Less Adj OTC 76,801 93,003 111,479 136,357 Captured Value 506,768 484,375 453,880 428,783 Tax Cap Rate 90.434% 97.217% 104.508% 112.348% Proj Increment 458,291 470,892 474,110 481,720 1,900,728 Assumptions: Market Value increases at 0% per year Tax Capacity Rate increases by 7.5% per year 511 CITY OF EAGAN, MINNESOTA PROJECTED TIF REVENUE WA EXPANSION PROJECT COMPUTATION OF ADJUSTED BASE VALUE 1991/92 1992/93 1993/94 1994/95 1990 Adj Base 1,651,600 2,014,952 2,458,241 2,999,055 First 100,000 3,100 3,000 3,000 3,000 Over 100,000 73,701 90,003 108,479 133,357 Adj Tax Cap 76,801 93,003 111,479 136,357 COMPUTATION OF INCREMENT INCOME Est. Mkt. Val 17,000,000 18,020,000 19,101,200 20,247,272 First 100,000 3,100 3,000 3,000 3,000 Over 100,000 802,750 842,240 874,055 926,775 Adj Tax Cap 805,850 845,240 877,055 929,775 Less F/D Cont 222,281 233,146 241,922 256,463 Net Tax Cap 583,569 612,094 635,134 673,311 Less Adj OTC 76,801 93,003 111,479 136,357 Captured Value 506,768 519,091 523,654 536,955 Tax Cap Rate 90.434% 90.434% 90.434% 90.434% Prof Increment 458,291 469,435 473,562 485,590 1,902,592 Assumptions: Market Value increases at 6% per year Tax Capacity Rate increases by 0% per year C20 M E M O R A N D U M TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: SEPTEMBER 11, 1991 SUBJECT: UNISYS SEMICONDUCTOR FACILITY/NWA DATA CENTER - EXPANSION OF EAGAN TAX INCREMENT ECONOMIC DEVELOPOMENT DISTRICT NO. 1 This memo is intended to outline the background and certain findings with respect to the possible expansion of the above referenced tax increment economic development district and its potential to induce a sale of the Unisys Semiconductor Facility to Northwest Airlines for redevelopment as a data center in the City of Eagan. The Northwest data center would consolidate and relocate employees currently located in several facilities in Eagan and elsewhere. The purpose of the consolidation is to combine these functions in one location and make some of Northwest's existing facilities available to absorb the company's continued growth. The facility will employ approximately 600 employees initially and will grow to approximately 850 employees over three to five years. While Northwest explored the possibility of locating this facility on their Eagan campus as well as other sites throughout the United States, the Unisys Semiconductor Facility offers the opportunity to retain the facility within close proximity to their existing headquarters at a cost below that of a new facility. It appears that the purchase price will be approximately $6.5 million. However, because of the unique nature of that facility, certain modifications and improvements, estimated to cost $10 million, would be necessary for Northwest to occupy and utilize it. These modifications will result in the maintenance and enhancement of the property's value while returning it to productive use. Given the fact that this proposal would fill a significant vacant building within the City, it would appear to compare favorably to additional development at the Northwest campus. The City is in receipt of correspondence from Unisys requesting the approval of an amendment and expansion of Tax Increment Economic Development District No. 1 for purposes of enhancing the viability of the property for sale. In addition, Northwest Airlines has indicated that it is compelled to purchase the building, but that its redevelopment costs are prohibitive if the TIF proceeds cannot be made available. Given the facts that: 1) the Unisys Semiconductor Facility is a unique, special purpose facility, the reuse of which implies a significant investment on the part of a potential purchaser, 2) the property has been vacant and marketed by Unisys for approximately four years and 3) the pool of potential purchasers for this property is extremely limited, the Council may find that the purchase and redevelopment of this property would not occur "but for" the application of TIF to the project. 'Cl Additional information with respect to the application, its associated development agreement and projected proceeds should be considered in approaching a final decision in this regard. If you have any questions, please let me know. (i .74g7A771 A k stant to the City Administrator cc: Finance Director VanOverbeke 6 C:!, MEMORANDUM TO: Mayor and City Council DATE: September 13 , 1991 City of Eagan FROM: Faegre & Benson RE: Proposed Development Agreement with Northwest Airlines, Inc. Introduction This is a summary of the Development Agreement to be considered on September 16 relating to the acquisition and renovation by Northwest Airlines of the vacant Unisys semiconductor facility for use as an office and data processing facility. The Development Agreement was prepared in cooperation with the City Attorney and City staff and reflects the results of negotiation with Northwest Airlines . The Development Agreement is based on the "pay-as-you-go" philosophy of tax increment assistance. Under this approach, Northwest receives tax increment assistance only if it performs its obligations and Northwest takes all of the risk that the expected tax increment may not be available. The City' s payment obligations are limited solely to the tax increment which is generated from the existing tax increment financing district created in 1986 with respect to the Unisys marketing facility, after payment of outstanding bonds and administrative expenses . Background In connection with this Development Agreement you will be considering the expansion of Economic Development District No. 1 to include the semiconductor facility within the area in which existing tax increment revenue can be spent . However, there is no expansion of the related tax increment financing district . This means that the tax increment will continue to be provided only from some property included in the original district . As part of the proposed Modification of Economic Development District No. 1, however, the City would discontinue its practice of remitting half the tax increment to affected taxing jurisdictions . The City expressly retained the right to do this in the original Plan. Page 2 Northwest's Obligations The basic obligations of Northwest under the Development Agreement are as follows : o Northwest will acquire the semiconductor facility and substantially complete the renovation work by October 1, 1992 . • Northwest will at all times after completion employ at least 850 persons on the site. Except for a specified minimum cost, the renovation work is described in only general terms to enable Northwest to develop the details of the work. Plans for the location of additional required parking have been reviewed by staff and are part of the Agreement . Tax Increment Assistance The City' s only obligation is to provide up to $1, 900, 000 in principal amount of tax increment assistance to Northwest over the remaining life of the tax increment financing district which expires at the end of 1995 . This will be done through the form of a Tax Increment Revenue Note as set forth in the Development Agreement . The City is obligated to pay only from tax increment actually collected and has no obligation to provide any additional funds from any other source. Conditions and Limitations on Tax Increment Assistance Payment of tax increment to Northwest is subject to the following conditions and limitations : • No payments are made until Northwest commences the renovation work. o Payments stop if Northwest fails to substantially complete the renovation by October 1, 1992 or fails to employ 850 people. • No payments are made until the City accumulates enough money to provide for payment of its outstanding general obligation bonds originally issued for the District. • The City' s administrative expenses come off the top before tax increment is available to pay Northwest . Page 3 Termination by Northwest Northwest has a number of outs under the Development Agreement . If for some reason the purchase of the site falls through, it can terminate the Agreement . If Northwest fails to perform its obligations, the only real remedy is for the City to withhold the tax increment assistance. However, because Northwest does not get any assistance until it starts the renovation work, the City is believed to be adequately protected. Northwest has no continuing obligations after 1995 . 5055e •i- / V Draft : September 12, 1991 DEVELOPMENT AGREEMENT relating to ECONOMIC DEVELOPMENT DISTRICT NO. 1 CITY OF EAGAN, MINNESOTA by and between the CITY OF EAGAN, MINNESOTA and NORTHWEST AIRLINES, INC. 4977e X10 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into as of the day of September, 1991, by and between the CITY OF EAGAN, a municipal corporation and political subdivision of the State of Minnesota (hereinafter called the "City") , and NORTHWEST AIRLINES, INC. , a Minnesota corporation (hereinafter called the "Developer") ; WITNESSETH THAT, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows : Section 1. Recitals . 1. 01 Establishment of Development District . . On June 17, 1986 the City established Economic Development District No. 1 as a development district under Minnesota Statutes (1986) , Chapter 472A, which has been recodified as Minnesota Statutes, Sections 469 . 124 to 469 . 134 (the "Development District Act") and approved a Development Program therefor. On September 16, 1991 the City adopted Modification No. 1 to the Tax Increment Financing Plan and Development Program for Economic Development District No. 1. Among other things Modification No. 1 expanded the area of Economic Development District No. 1 to include the property described in Exhibit A hereto . Economic Development District No. 1, as expanded by Modification No. 1 is hereinafter referred to as the "Development District" . 1 . 02 Establishment of Tax Increment Financing District . On June 17, 1986 the City established a tax increment financing district covering the property described in Exhibit B hereto (the "TIF District") within Economic Development District No. 1 pursuant to Minnesota Statutes (1986) , Sections 273 . 71 to 273 . 78, which has been recodified as Minnesota Statutes, Sections 469 . 174 to 469 . 179 (the "TIF Act") and approved a Tax Increment Financing Plan, which as subsequently amended by Modification No. 1 is hereinafter referred to as the "TIF Plan" . The County Auditor certified the original assessed value of the TIF District on August 13, 1986 . The TIF District is an "economic development district" within the meaning of the TIF Act . 1. 03 Private Development . The Developer proposes to acquire the real property described in the attached Exhibit A (the "Site") including an approximately 300,000 square foot building located thereon (the "Building") . The Developer plans to renovate the Building substantially in the manner described in Exhibit C (the "Renovation Work") for use as a data center and office facility. The Renovation Work shall include parking improvements (the "Exterior Improvements") more fully described in Exhibit D. The Developer represents that the Developer l.P 1 would not undertake the acquisition and renovation of the Building and construction of the Renovation Work but for the financing provided by the City pursuant to this Agreement. 1. 04 Land Write-Down Assistance. Based on the Developer ' s representations, the City has determined that it is necessary, in order to accomplish the purposes specified in and to carry out the Development Program, to compensate the Developer for part of the costs of the Renovation Work. In lieu of a land write-down transaction whereby the City acquires the Site and the Building and conveys the Site and the Building to the Developer to provide such compensation, the City has determined to provide an inducement to the Developer in the nature of a land write-down. The City has determined that the amount necessary to induce the Developer to purchase the Site and Building for a cost of $6, 500, 000 and perform the Renovation Work at an estimated cost of—$10, 000, 000 is $1, 900, 000 (the "Land Write-Down") . Subject to the provisions of this Agreement, the City agrees to pay the Developer the Land Write-Down by delivery to the Developer of the Tax Increment Note set forth in Exhibit E in order to assist in the acquisition of the Site and Building . Neither this Agreement nor the issuance of the Tax Increment Note shall be construed so as to vest or create in the City any right , title or interest in the Site or the Building . 1. 05 Tax Increment . Under the TIF Act, tax increment is calculated on the basis of the original tax capacity of all taxable property in the TIF District as adjusted in accordance with the TIF Act and the current tax capacity of such property. The tax capacity of all taxable property in the TIF District as determined for each year the TIF Plan is in effect, less the original tax capacity, is known as the captured tax capacity. The ad valorem taxes derived from such property in the years the TIF Plan is in effect, by applying the aggregate tax capacity rate levied by all governmental entities having authority to levy taxes on such property to the captured tax capacity, after deduction of the required fiscal disparities contribution, all as provided by the TIF Act, is known as the Tax Increment . Under the TIF Act, the County Auditor is required to pay to the City so much of the Tax Increment received within the period the TIF Plan is in effect, as is needed to pay debt service on the limited revenue tax increment note described in Exhibit E (the "Tax Increment Note") to be issued by the City with respect to the TIF District . The City expects to receive such Tax Increment during the term of this Agreement, and will appropriate and use the Tax Increment for such purposes as hereinafter provided. •i' 1. 06 Well Site Agreement . The Site is subject to a Well Field Development Agreement dated February 7, 1989 between the City and Unisys Corporation and recorded February 21, 1989 (e as Document No. 878526, as amended by a First Amendment dated February 7, 1989 , to which ,the Developer will consent upon acquisition of the Site. Section 2 . Representations. Warranties and General Covenants . 2 . 01 Representations and Warranties by the City. The City represents and warrants that it has, by appropriate City Council action, created TIF District and the Development District and authorized the execution of and performance of its obligations under this Agreement and the Tax Increment Note. The execution and delivery of this Agreement and the Tax Increment Note and the performance of the City' s obligations thereunder do not and will not conflict with or result in a breach of any agreement to which the City is a party or by which it is bound or cause the City to be in violation of any law, order, rule or regulation of any court or regulatory body having jurisdiction over the City or its properties . However, no part of this Agreement shall be construed as a representation of the City as to the condition of the Site or Building or as to its suitability for the Developer ' s purposes and needs . 2 . 02 Representations . Warrantie and General Covenants by the Developer. The Developer represents and warrants that : (a) The Developer is a corporation duly organized and in good standing under the laws of the State of Minnesota, is authorized to do business in Minnesota and is in good standing under the laws of Minnesota, is not in violation of any provisions of its Articles of Incorporation or By-laws or the laws of the State and is authorized to enter into and perform its obligations under this Agreement. (b) The Developer has received no notice or communication from any local, state or federal official or body that the activities of the Developer respecting the Site and Building or the construction of the Renovation Work thereon may be or will be in violation of any law or regulation. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented or limited by and will not conflict with or result in a breach of any provision or requirement applicable .to the Developer or of any provision of any evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound. -3- (.9 (d) The construction of the Renovation Work would not be undertaken by the Developer, and in the opinion of the Developer would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement . Section 3 . Tax Increment Note. 3 . 01 Issuance of Tax Increment Note. Subject to the further provisions of this Section, the City shall issue to the Developer, in payment of the Land Write-Down, the Tax Increment Note substantially in the form of Exhibit E hereto, in the principal amount of $1, 900, 000 . The Developer covenants and agrees not to sell, transfer or convey the Tax Increment Note unless the purchaser or assignee of the Note executes an investment letter in the form attached hereto as Exhibit F stating that the purchaser is purchasing the Tax Increment Note for purposes of investment and not with a view toward resale; provided that the Developer may pledge or grant a security interest in the Tax Increment Note as security to any lender (a "Lender" ) with respect to any debt incurred or obligations issued to finance the acquisition of the Site and Building or the construction of the Renovation Work. The Developer acknowledges that the City makes no representations as to the adequacy of Tax Increment available to pay the Tax Increment Note. The Tax Increment Note shall mature on February 1, 1996 and shall not bear interest prior to . From and after February 1, 199_ the Tax Increment Note shall bear interest on the outstanding principal amount thereof at a rate equal to 10 . 00% per annum. The Tax Increment Note shall be payable in installments on February 1 and August 1 of each year, commencing August 1, 1992, solely from Available Tax Increment, as defined in Section 3 . 02 hereof . The Tax Increment Note shall not be a debt of the City within the meaning of any constitutional or statutory limitation and the Tax Increment Note shall not be payable out of any funds or properties of the City, the State of Minnesota or any other political subdivision, other than Available Tax Increment. The obligations of the City under the Tax Increment Note and this Agreement terminate upon expiration of the TIF District and receipt by the City of all Tax Increment and any delinquent payments with respect to the TIF District. 3 . 02 Available Tax Increment . The parties agree that all Available Tax Increment, as hereinafter defined, shall be used first, to pay or reimburse the Citx for Allowable Administrative Costs pursuant to Section 3 .03 below, and second, to pay the Tax Increment Note when due. Upon receipt -4- 10 of sufficient Tax Increment therefor, the City shall defease its outstanding General Obligation Tax Increment Bonds (the "Bonds") by purchasing investments which mature and bear interest sufficient to pay the principal and interest on the Bonds when due and shall segregate the investments in a separate account (the "Defeasance Account") . Upon establishment of the Defeasance Account, which is expected to occur on or prior to February 1, 1992, all remaining Tax Increment then on deposit with the City, each installment of Tax Increment thereafter received by the City from Dakota County and any amounts on deposit in the Defeasance Account after payment of all principal and interest on the Bonds shall be deposited in a separate account referred to herein as the Tax Increment Note Account . The City may transfer from the Tax Increment Note Account from time to time any Allowable Administrative Costs permitted under Section 3 . 03 . Funds on deposit in the Tax Increment Note Account shall be invested by the City in the manner permitted by law and any earnings thereon shall be credited to the Tax Increment Note Account . Any amounts on deposit from time to time in the Tax Increment Note Account shall be the "Available Tax Increment" for purposes of this Agreement and the Tax Increment Note. 3 . 03 Allowable Administrative Costs . All Allowable Administrative Costs shall be a first charge on any Tax Increment collected. As used herein, the term "Allowable Administrative Costs" shall mean and include (i) all reasonable out-of-pocket expenses incurred by the City in connection with the modification of the TIF Plan and this Agreement and the transactions contemplated thereby including reasonable legal, consulting and accounting fees and printing and publication costs, plus (ii) an amount equal to _% of all collections of Tax Increment after February 1, 1992 , but not to exceed an aggregate $ , as compensation for the City' s administrative burdens in connection with the TIF Plan and this Agreement . 3 . 04 Status of Bond Proceeds Account. All funds presently on deposit in the construction account for the TIF District (approximately $85,000) shall be retained by the City for application to the purposes described in the original TIF Plan as amended, including installation of traffic signals and shall not constitute Available Tax Increment which may be used for payment of the Tax Increment Note. Section 4 . Developer Undertakings. 4 . 01 Construction of Renovation Work. Subject to the terms and conditions of this Agreement, the Developer agrees to substantially complete the Renovation Work on or prior to -5(- October 1, 1992 . The Renovation Work shall conform to all applicable federal, state and local laws, ordinances, rules and regulations and the terms of all approvals, licenses and permits required therefor. The Renovation Work shall include the activities described in Exhibit C and the Exterior Improvements shall conform to Exhibit D. The Developer agrees that the total cost of the Renovation Work shall not be less than $8, 000,000 . Except as expressly provided otherwise herein, no provision of this Agreement shall restrict the Developer from the construction of additional improvements on the Site or in the Building. 4 . 02 Completion Certificate. Upon substantial completion of the Renovation Work in accordance with Section 4 . 01, the City shall furnish to the Developer an appropriate completion certificate so certifying . The certification by the City shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the covenants in this Section 4 with respect to the obligations of the Developer to construct the Renovation Work and the date of completion thereof . As used in this Agreement, the term "Completion Date" means the date the City certifies as to substantial completion of the Renovation Work. 4 . 03 Operation of Building. So long as the Tax Increment Note is outstanding and unpaid, the Developer shall, commencing no later than December 31, 1992 , operate the Building as a data processing center or office facility and shall at all times thereafter employ no less than 850 employees on the Site, except to the extent the Developer is prevented from doing so by reason of Unavoidable Delays described in Section 8 . 03 hereof . 4 . 04 Failure to Purchase Site. The Developer has entered into a purchase agreement for acquisition of the Site and will utilize its best efforts to complete the purchase of the Site in accordance with the terms thereof . In the event of failure or inability of the Developer to obtain title to the Site prior to December 1, 1991, this Agreement shall terminate and the Developer and the City shall have no obligations hereunder, in which event the parties will promptly execute and deliver to each other a termination of this Agreement in recordable form. 4 .05 Traffic Signals . The Development Program contemplates the acquisition and installation of traffic signals along Pilot Knob Road. In most instances traffic signals on county roads are installed bx the County based on a determination of the need therefor and funding of the costs thereof one-half by the County and one-half by the City. The -6- City has obtained sufficient funds for its one-half share of the estimated costs of the signals and will attempt to obtain County funds for any signals determined to be necessary. In the event prior to February 1, 199_ a need for signals is determined but the County is unable or unwilling to provide funds therefor, the Developer agrees to pay or reimburse to the City any portion of the total cost thereof which exceeds $ (or such greater amount as the City has available therefor as a result of interest earnings on funds on hand and collections of Tax Increment in excess of amounts required to pay the Tax Increment Note) , subject to a maximum payment or reimbursement of $ In the event the Developer has made a payment pursuant to this Section 4 . 05 and Tax Increment is subsequently received in an amount in excess of the amount needed to pay the Tax Increment Note, the City shall reimburse the Developer to the extent of such excess Tax Increment . 4 . 06 Enforcement; Damages . The Developer acknowledges that in the event of its failure to perform any or all of its obligations under this Agreement, the Tax Increment Note shall be terminated, and thereafter the City shall be under no obligation to pay Tax Increment to the Developer . The Termination of the Tax Increment Note shall be the sole remedy available to the City in the event of any such failure. Section 5 . Use of Property: Financing and Liens. 5 . 01 General Restrictions . The Developer agrees for itself and its successors and assigns and every successor in interest to the Property or any part thereof that, so long as the Tax Increment Note is outstanding and has not been terminated, the Developer and its successors and assigns shall : (A) not discriminate on the basis of sex, race or religious, political or other affiliations in the use of the Site or the Buildings, or any part thereof; and (B) not cause the Site or the Building or any part thereof to be removed from the public tax rolls or to become exempt from assessment for general ad valorem real estate taxes by reason of any conveyance, lease or other action. 5 . 02 Covenants. It is intended and agreed that the covenants contained in this Agreement relating to the Renovation Work and Exterior Improvements and the covenants with respect to the Building under Section 4 . 01 shall be covenants running with the land binding ..upon and enforceable against the Developer and its successors and assigns as owners of the Site to the fullest extent permitted by law and equity -7- �3 mmw for the benefit and in favor of, and enforceable by, the City, its successors and assigns, and shall remain in effect so long as the Tax Increment Note is outstanding and unpaid. The recordation of this Agreement shall serve as notice to any subsequent purchaser, mortgagee, assignee or any other party acquiring an interest in the Building or Site that, upon acquisition of all or a portion of the Building or of the Site by purchase, foreclosure or otherwise, the obligations of the Developer under such provisions shall remain in full force and effect so long as the Tax Increment Note remains outstanding and unpaid. Except as expressly set forth herein, the obligations under such provisions shall not be subordinated to the rights of any party having an interest in such property. 5 . 03 Restrictions on Conveyance. The Developer has not made, and, so long as the Tax Increment Note is outstanding and unpaid, will not make or suffer to -be made prior to the issuance of the completion certificate described in Section 4 . 02 , any sale, assignment or other ownership transfer in any other form of this Agreement or any interest therein, or contract or agree to do any of the same, without the written consent of the City, which consent shall not be unreasonably withheld. The Site or any improvements thereon, or any part thereof or interest therein, may be sold, assigned, or transferred without the consent of the City, provided that any transferee shall expressly assume all of the obligations of the Developer under this Agreement . 5 . 04 Financing . It is understood that notwithstanding any provision herein to the contrary, the Developer or an affiliate may at any time do any of the following : (1) mortgage the Site and the Building and grant a security interest therein or in its interest therein for the purpose of securing the payment of any debt incurred or obligations issued to finance the acquisition of the Site and Building or the construction of the Renovation Work and Exterior Improvements; (ii) request and obtain termination of this Agreement and the Tax Increment Note at any time prior to the receipt of Tax Increment; or transfer ownership of the Site to an affiliate or subsidiary of the Developer which shall expressly assume all of the obligations of the Developer under this Agreement . 5 . 05 Notice of Default. Whenever the City shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in its obligations or covenants under this Agreement, it shall at the same time forward a copy of such notice or demand to each holder of any permitted mortgage, lien or other similar encumbrance on the Site or the Building at the last address of such holder shown in the real estate records of the County or as otherwise known -8- r) (( to the party delivering such notice or demand. Each such holder shall have the right, at its option, to cure or remedy such breach or default and to add the cost thereof to the mortgage debt and the lien of its mortgage or lien; provided, that if the breach or default is with respect to construction of the Renovation Work, such holder, either before or after foreclosure or action in lieu thereof, shall undertake or continue the construction and completion of the Renovation Work in accordance with this Agreement . Any such holder who shall properly complete the Renovation Work shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 4 . 02 . 5. 06 No Discrimination. The Developer, for itself and its successors and assigns, agrees that _in the construction of the Renovation Work the Developer will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Developer will require that each contractor acknowledge the provisions of this Section 5 . 06 and each contract for construction of the Renovation Work shall contain a covenant by the contractor that the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin, and acknowledging that the City may enforce such provision against the contractor. 5 . 07 Insurance. So long as the Tax Increment Note is outstanding and unpaid, the Developer shall maintain (or cause to be maintained by the operating entity with respect to the Building, if other than the Developer) with a reputable insurance company or companies licensed to do business in Minnesota, insurance covering the Building in such reasonable amounts as are customarily carried on properties of the same general use and character as the Building. The policies may be subject to a reasonable deductible clause. 5. 08 Obligation to Rebuild the Building. So long as the Tax Increment Note is outstanding and unpaid, in the event of destruction of all or a substantial portion of the Building, the Developer shall as soon as reasonably possible and in any event on or before the second succeeding December 31 following such destruction, time being of the essence, repair, rebuild or replace the Building to at least the conditions and value thereof at the time of damage or destruction. If the Developer fails to repair, rebuild or replace the Building to at least the condition and value thereof at the time of the damage or destruction, the Developer shall surrender the Tax Increment Note to the City and thereafter the City shall be under no obligation to pay Tax Increment to the Developer. -9- 5 . 09 Access to Site and Records . The Developer shall permit the City reasonable access to the Site and the Building during normal business hours for any purpose reasonably deemed necessary by the City for carrying out the provisions of this Agreement, including inspection of the Renovation Work and examination of the Developer ' s books and records relating to the costs of the Renovation Work and employment levels at the Site. The City shall give the Developer two business days ' notice of any proposed inspection and the purpose thereof and representatives of the City shall be accompanied by representatives of the Developer during the course of such inspection. Section 6 . Security For Tax Increment Note. 6 . 01 Tax Increments; Use and Investment . The Developer acknowledges the right of the City to pledge the Tax Increments derived from the TIF District to the payment of the Tax Increment Note in accordance with Section 4 . 02 ; to deposit the Tax Increments in the account established for the payment of the Tax Increment Note; to transfer Tax Increment representing Allowable Administrative Expenses and Supplemental Construction Account Deposits; for this purpose not more often than twice yearly; and to invest or direct the investment of such Tax Increments in accordance with Minnesota Statutes, Section 475 . 66 . The City agrees that it shall not reduce the size of the TIF District or take similar actions which would have the affect of reducing the amount of Available Tax Increment; provided that a reduction in the City' s tax capacity rate shall not be a violation of this provision. The City shall not make or permit any pledge or assignment of Available Tax Increment which is prior to or on a parity with the Tax Increment Note. Section 7 . Release and Indemnification Covenants . 7 . 01 The Developer releases from and covenants and agrees that the City and the governing body members, officers, agents, including its independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the "Indemnified Parties" ) shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring on the Site during the period of ownership of the Site by Developer, or resulting from any defect in the Site or Building or any improvements constructed thereon which defect has been created by Developer; and the Developer further agrees to indemnify and hold the Indemnified Parties harmless against any loss, damage, claim, demand, action or other proceeding -10- (and reasonable costs or expenses incurred in connection therewith) asserted against or incurred by the Indemnified Parties solely by reason of the execution and delivery of this Agreement or the transactions contemplated hereby, whether based upon the Federal Comprehensive Environmental Response Compensation and Recovery Act of 1980, the Minnesota Environmental Response and Liability Act, the Federal Resource Conservation and Recovery Act of 1976 or other law relating to the generating, transporting, treating, storage, manufacture, emission of or disposal of any dangerous, toxic or hazardous pollutants, chemical waste or substances or otherwise; provided, however, that the releases and indemnification obligations described in his Section 7. 01 shall not apply to the subject matter of, or negate the warranties made or obligations undertaken by the City this Agreement; shall not apply to matters arising out of the Well Site Agreement or that certain Storm Sewer Ponding Agreement recorded February 21, 1989 as Document No. 878525, as amended by First Amendment dated February 7, 1989; and shall also not extend to matters arising from the negligence or willful or wanton misconduct of any of the Indemnified Parties . 7. 02 All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City. Section 8 . General Provisions . 8 . 01 Conflicts of Interest : Representatives Not Individually Liable. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such officer or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested. No officer or employee of the City shall be personally liable to the Developer in the event of any default under or •breach of this Agreement by the City or for any amount which may become due to the Developer or for any obligation issued under the terms of this Agreement. 8 . 02 Rights Cumulative. Except as otherwise provided in Section 4 . 06 hereof, the rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by any party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its -11- remedies for any other default or breach of any party. No waiver made by any such party with respect to the performance or the manner or time thereof , of any obligation under this Agreement, shall be considered a waiver with respect to the particular obligation of any other party or a condition to its own obligation except those expressly waived in writing and to the extent of such written waiver, nor shall it be considered a waiver in any respect in regard to any other rights of the party making the waiver of any obligations of any other party. Delay by a party hereto instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder . 8 . 03 Unavoidable Delays. Wherever used in this Agreement, the term "Unavoidable Delay" shall mean a delay resulting from a cause over which the party required to perform does not have control and which cannot or could not have been avoided by the exercise of reasonable care, including but not limited to acts of God, accidents, war, civil unrest, embargoes, strikes , unavailability of raw materials or manufactured goods, litigation and the delays of the other party or its contractors, agents or employees in the performance of their duties under or incident to this Agreement . 8 . 04 Recording. The City shall cause this Agreement to be recorded in the office of the County Recorder or Registrar of Titles or both, as appropriate, of Dakota County, Minnesota, immediately following the execution of this Agreement . The City shall execute and deliver a written termination, release or satisfaction of this Agreement in recordable form upon termination hereof or upon payment or termination of the Tax Increment Note. 8 . 05 Annual Disclosure. The Developer shall cooperate with the City in furnishing information in a timely manner in order to file reports as required by Minnesota Statutes, Section 469 . 175(5) and (6) , provided nothing in this Section shall be construed as obligating the Developer to provide financial information- concerning its business except as the same is directly pertinent to the determinations to be made from such reports . 8. 06 Estoppel Certificates . Either party shall, upon not less than twenty (20) days ' written notice from the other party, execute and deliver to the other party or to any person or entity designated by it a certificate stating that this Agreement is in full force and effect (i.f such is the case) , that this Agreement has not been modified or amended, or, if it has, specifying the modifications or amendments, and that to -12- the best of the knowledge of the certifying party, the other party is not in default hereunder or, if a default is claimed, specifying the default . 8 . 07 Override Provision. Notwithstanding any other provisions of this Agreement actually or apparently to the contrary, nothing herein is intended or shall be interpreted to give or convey to the City any interest in the Building or Site or in the Renovation Work or Exterior Improvements . • Section 9 . Administrative Provisions . 9 . 01 Notices . All notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by first class or registered mail with postage fully prepaid and addressed as follows : If to the City City Administrator City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 If to the Developer Office of General Counsel Department A1100 Northwest Airlines, Inc. 5101 Northwest Drive Eagan, MN 55111 Either party, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent . 9 . 02 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective permitted successors and assigns . 9 . 03 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof . 9 . 04 Amendments. Changes and Modifications . This Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the parties . 9 . 05 Further Assurances and Corrective Instruments . The parties agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged -13- and deliver, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Site, the Building, the Renovation Work or the Exterior Improvements, or for carrying out the expressed intention of this Agreement . 9 . 06 Execution in Counterparts . This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument . 9 . 07 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota . 9 . 08 Captions . The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope of intent of any provisions or Sections of this Agreement . IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal and the Developer has caused this Agreement to be executed in its corporate name by its duly authorized officers, as of the date first above written. CITY OF EAGAN By Its Mayor (SEAL) And Its City Clerk NORTHWEST AIRLINES, INC. By Its And Its -14- STATE OF MINNESOTA) ) SS ' COUNTY OF DAKOTA ) On this day of , 1991, before me, a Notary Public within and for said County, appeared and , to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the CITY OF EAGAN, a municipal corporation, and the above instrument was signed and sealed in behalf of said corporation by authority of its City Council, and they acknowledged that said instrument was the free act and deed of said corporation. Notary Public STATE OF MINNESOTA) ) SS COUNTY OF ) On this day of , 1991, before me, a Notary Public within and for said County, appeared and , to me personally known, who, being by me duly sworn, did say that they are respectively the and of Northwest Airlines, Inc. , and the above. instrument was signed by such officer on behalf of said corporation and they acknowledged that said instrument was the free act and deed of said corporation. Notary Public This instrument was drafted by: Faegre & Benson 2200 Norwest Center - Minneapolis, Minnesota 55402 4978e -115-1 U 6 EXHIBIT A Legal Description of Site Lot 3 , Block 1, Unisys Park, Dakota County, according to the recorded plat thereof . 4979e EXHIBIT B Legal Description of TIF District All that part of Lot 1, Block 1, Sperry Park, located in the SE 1/4 of the NE 1/4 of Section 9, T27, R23, Dakota County, Minnesota . 4980e EXHIBIT C Anticipated Renovation Work Renovation and redevelopment of the existing semiconductor laboratory and manufacturing facility into an office and data center, including, to the extent determined by Developer to be necessary, the removal of certain water and waste treatment equipment, the demolition of certain manufacturing floor areas and redevelopment of such areas as a data center, the redevelopment of certain hazardous containment areas and removal of equipment therefrom, and the removal of certain mechanical, electrical and plumbing systems used in the semiconductor manufacturing process . 4981e EXHIBIT D Concept Plan for Exterior Improvements 4984e S ) I RECEqED 09/09 12:46 1991 AT 6123363026 PAGE 'I (PRINTED PAGE Li) ] . . - 1 CI mi a ToTAL,P -,4 .9941 STALLS PROM:1%7Y Lae v... tas; .:17.-- :: :„........... .............." . . .7-r,........„.._........................ .. ........................... a4............... .ir.......W •:--" ' - ( 4.. / 71,r7,- .....„ -— - -■.___:2-11. 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OFFICE AND DATA CENTER COMPLEX AUGUST 29, 1991 _.___.._............._....._..._ / .-.37:---- 7" ° -----7 -7“. -63-99 g (C1 TOTAL P.01 EXHIBIT E [Form of Tax Increment Note] $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN TAX INCREMENT REVENUE NOTE The City of Eagan, Dakota County, Minnesota, for value received, promises to pay, but solely from the source, to the extent and in the manner hereinafter provided, to Northwest Airlines, Inc. , or its assigns (the "Owner") the principal amount of Dollars ($ ) , in installments on each February 1 and August 1 until such principal has been paid in full , commencing on August 1, 1992 (the "Scheduled Payment Dates" ) . On each Scheduled Payment Date, the City shall pay to the Developer all Available Tax Increment (as hereinafter defined) as of such date, which payments shall be applied first to accrued interest and then to reduction of outstanding principal . This Note matures on February 1, 1996 and any outstanding unpaid principal balance hereof at maturity shall bear interest at the rate of 10 . 00% per annum until paid. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at the postal address within the United States designated from time to time by the Owner. This Note has been issued by, the City to the Owner pursuant to the Development Agreement dated September _, 1991 between the City and the Owner (the "Development Agreement") . This Note is subject to prepayment on any installment payment date at the option of the City, in whole or in part, upon payment to the Owner of the principal -amount of the Note to be prepaid, without premium or penalty. THIS NOTE IS TRANSFERABLE ONLY UPON THE REGISTER OF THE CITY CLERK, AS REGISTRAR, BY THE OWNER HEREOF OR BY ITS DULY AUTHORIZED ATTORNEY. This Note is a special and limited obligation and not a general obligation of the City, which has been issued by the City pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469 . 178, subdivision 4 , to aid in financing a "project" , as therein defined, of the City consisting generally of defraying certain development costs incurred and to be incurred by the Owner within and for the benefit of the City' s Economic Development District No. 1. '43 7 THIS NOTE IS NOT A DEBT OF THE CITY OR THE STATE OF MINNESOTA WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION, AND NEITHER THE CITY, THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE ON THIS NOTE, NOR SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENT, AS DEFINED BELOW. The principal of and interest on this Note is payable solely from and only to the extent that the City shall have on deposit as of each Scheduled Payment Date Available Tax Increment, as defined in the Development Agreement . Available Tax Increment generally includes tax increment received as of a Scheduled Payment Date and subsequent to February 1, 1992 with respect to the real property described in Exhibit B of the Development Agreement, less administrative costs and other amounts deductible pursuant to Sections _3 . 02, 3 . 03 and 3 . 04 of the Development Agreement . Such real property is located within the City' s tax increment financing district created in connection with Economic Development District No. 1 (the "TIF District") . To the extent that the City is unable to make the total principal and interest payments due hereunder as a result of its having received insufficient Available Tax Increment during the life of the TIF District, including failure to pay this Note at maturity, such failure shall not constitute a default under this Note. If the Development Agreement shall terminate pursuant to the terms thereof, and in certain other circumstances specified in the Development Agreement, the Available Tax Increment shall for each year thereafter be deemed to be zero, and this Note shall thereupon be automatically cancelled, without further obligation hereon of the City whatsoever. This Note shall not be payable from or constitute a charge upon any funds of the City, and the City shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the City or of any other public body, and neither the City nor any council member, officer, employee or agent of the City, nor any person executing or registering this Note shall be personally liable hereon by reason of the issuance or registration hereof or otherwise. 2- IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the City of Eagan, by its City Council, has caused this Note to be executed by the manual signatures of the Mayor and City Clerk of the City and sealed with the corporate seal of the City, all as of the day of , 1991. CITY OF EAGAN Mayor ATTEST: (SEAL) City Clerk 4982e -3- ig61 (Form of Transfer) For value received, the undersigned Owner does hereby assign and transfer the foregoing Note to the named Assignee, and the undersigned City Clerk of the City of Eagan, as registrar, hereby certifies that the foregoing Note has been transferred and registered on the bond register in the name of such Assignee. Date of Name of Signature of Signature of Transfer Assignee Owner City Clerk on Register 4982e 2417) EXHIBIT F City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Attn: City Administrator Gentlemen: In connection with the purchase of that certain City of Eagan Tax Increment Revenue Note dated as of , 1991 in the principal amount of $1, 900, 000 (the "Note") , the undersigned hereby represents, warrants and agrees as follows : 1. The undersigned understands that the Note has not been registered under the Securities Act of 1933 , as amended, or the Minnesota Securities Act, in reliance on exemptions from registration under both such acts, and that, accordingly, the Note may not be resold by the undersigned unless it is registered under both the Securities Act of 1933 and the Minnesota Securities Act or is sold in transactions which are exempt from registration under both such acts . 2 . The undersigned is acquiring the Note for investment for his own account and without any view to the distribution thereof and has no present intention of selling or otherwise disposing of the Note or any portion thereof . 3 . The undersigned therefore agrees not to sell, assign, transfer or otherwise dispose of the Note unless a registration statement relating thereto has been duly filed and become effective under both the Securities Act of 1933 , and the Minnesota Securities Act, or unless in the opinion of counsel satisfactory to you no such registration is required under the circumstances . Very truly-yours, 4983e -2- 9 MEMORANDUM TO: JIM STURM, CITY PLANNER ADVISORY PLANNING COMMISSION MEMBERS FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 22, 1991 RE: AMENDMENT TO THE ECONOMIC DEVELOPMENT DISTRICT FOR UNISYS City staff has been working with representatives of Northwest Airlines in their pursuit to acquire the Unisys semi-conductor facility. If the terms and conditions can be agreed on, Northwest will purchase the semi-conductor facility and convert the building into a data processing center/office. They approached the City regarding possible incentive packages that the City could offer in their acquisition of this facility. Presently there is an existing Tax Increment Finance (TIF) district and economic development district for the Unisys marketing facility located at Towerview Road and Pilot Knob Road. This district has four more years in which it can generate increments before the district would terminate. The City reviewed the TIF district and the economic development district and has concluded that if the City and Unisys expand the economic development district to include the semi- conductor building, this would allow an area where funds could be spent from the existing TIF district. The increment remaining that could be generated from the existing TIF is approximately 1.9 million dollars. This money could be spent in the new economic development district (the semi-conductor parcel)to help purchase the 40-acres on which the facility is located. This is the recommendation the City Council has directed staff to work on in helping two Eagan corporations stay within Eagan and create new jobs for our community, as well. Please find enclosed the documents for the TIF plan and the development program for economic development district #1. Also, enclosed is the specific resolution needed to expand the economic development district findings that it is in conformance with Eagan's Comprehensive Guide Plan. /eat 44.-rtittt. Community Development Director DCR/js Enc. � 3 Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27 , 1991 7. A concrete valley gutter shall be constructed across Terminal Drive at the intersection of the new driveway. 8. The proposed water main layout will provide hydrants along the proposed building to meet fire protection standards. All present voted in favor. ORDINANCE AMENDMENT CITY OF EAGAN Chairman Graves opened the next public hearing of the evening regarding an Ordinance amending Chapters 11 and 13 of the Eagan City Code pertaining to General Requirements "Past Delinquent Bills". City Planner Jim Sturm commented that this application will basically rescind an ordinance that was never codified. A discussion occurred regarding current and past billing practices. Voracek moved, Merkley seconded, the motion to approve an Ordinance amending Eagan City Code Chapter 13 entitled "Subdivision Regulations (Platting) " by repealing a provision relating to requirements for City approval; and by adopting by reference Eagan City Code Chapter 1, and Section 13 .99; and to approve an Ordinance amending Eagan City Code Chapter 11 entitled "Land Use Regulations (Zoning) " by repealing Subd. 29 to Section 11. 10 regarding general provisions; and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. All present voted in favor. TAX INCREMENT FINANCING CITY OF EAGAN Chairman Graves opened the last public hearing of the evening regarding Unisys' request to review modification No. 1 to the Tax Increment Financing Plan and Development Program for Economic Development District No. 1 for conformity to Eagan's Comprehensive Guide Plan. City Administrator Tom Hedges stated that Northwest Airlines would like to acquire the Unisys semi-conductor facility, which is currently vacant. He briefly commented on the background of this (/ Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27, 1991 application. Mr. Hedges related that there are two options: 1) make a new TIF district, or 2) expand the existing economic development district. Due to recent legislation the expansion of the existing economic development district provides the only practical means of City support. Mr. Hedges informed the Commission Members that the City Council desires the second option as it is a much faster route, not as many hoops, and still generates $1.9 million. Ken Levenson, a representative of Northwest Airlines, stated that Northwest will spend approximately $20 million on this property. They estimate a one year construction period. This facility will employ approximately 1, 000 people. Richard Nicolson, a representative of Unisys, mentioned that Unisys is in favor of this proposal. Member Merkley felt that this was a "win" situation for everyone involved and asked what the plans are for the existing Northwest building. Mr. Levenson replied that approximately 400 personnel from leased offices will be shifted to the new location. Miller moved, Voracek seconded, the motion to recommend the approval of the resolution as to conformity of Modification No. 1 to the Tax Increment Financing Plan and Development Program for Economic Development District No. 1 with comprehensive plan. BE IT RESOLVED By the Planning Commission of the City of Eagan, Minnesota, as follows: 1. The Planning Commission has reviewed a proposed Modification No. 1 to the Tax Increment Financing Plan and Development Program for Economic Development District No. 1. 2. It is hereby found and determined that the Tax Increment Financing Plan and Development Program, as modified by Modification No. 1, will conform to the Comprehensive Plan of the City of Eagan. All present voted in favor. Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27, 1991 ADJOURNMENT Hoeft moved, Merkley seconded, the motion to adjourn the August 27, 1991 Advisory Planning Commission meeting at 8:10 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission 1 Sublect to Approval MINUTES OF THE ECONOMIC DEVELOPMENT COMMISSION Eagan, Minnesota August 27, 1991 A regular meeting of the Eagan Economic Development Commission was held on Tuesday, August 27, 1991 at 7:00 am. Present were Chair Larry Wenzel, Kirk Duholm, Eldon Johnson, Pat Grinde, Cynthia Luse-McKeen and Cathy Clark-Matuszak. Absent were Roger Hughes,Tom Korsman and Debra McMartin. Also present was City Administrator Hedges. AGENDA Upon motion by Duholm,seconded by Johnson, all members voting in favor,the agenda was approved as presented. MINUTES Upon motion by Clark-Matuszak, seconded by Duholm, all members voting in favor, the minutes of the July 23, 1991 meeting were approved as presented. CITY SIGN POUCY Chairperson Wenzel reported that at the request of the City Council and by direction of the Economic Development Commission, a sign ordinance task force was organized to review proposed amendments to the existing sign ordinance. He stated that the task force had completed their review and are recommending that the City Council retain the existing sign ordinance rather than adopt the proposed ordinance amendments. City Administrator Hedges reported that the task force would like the ordinance requiring a pylon sign cannot be located within 300 feet of another pylon sign to be changed to allow one pylon sign per lot, regardless of the location of other signs and further that signs over seven feet tall that currently require a conditional use permit be allowed as permitted uses, provided these signs meet all other requirements outlined by the ordinance. Mr. Michael Cronin, of Naegele Outdoor Signs, was present and commented that Naegele Outdoors Signs was in support of the sign ordinance task force recommendation. After a brief discussion and in a motion by Luse-McKeen,seconded by Johnson, all members voting in favor,an ordinance amendment to allow one pylon sign per lot, regardless of the location of the signs,as opposed to the existing language that a pylon sign cannot be located within 300 feet of another pylon sign and further that signs over seven feet tall that currently require a conditional use permit would be allowed as permitted uses,provided that they meet all the requirements outlined by the ordinance was approved. City Administrator Hedges stated that this recommendation will be presented to the City Council for their consideration at a September meeting. TIFNNISYS AND NORTHWEST AIRUNES City Administrator Hedges reviewed and provided background to the Commission on a request by the Unisys Corporation and Northwest Airlines to amend the tax increment financing plan for Eagan TIF Economic Development District#1 which is the Unisys marketing facility. He stated that the purpose of this amendment is to utilize excess tax increment revenues from the Unisys marketing facility to offset costs associated with the modification and redevelopment of the Unisys semi-conductor facility to be acquired by Northwest Airlines. The City Administrator explained that the plan amendment would not capture taxes from any additional facilities,but rather would apply an already captured revenue stream to this redevelopment activity. He further commented that Unisys and Northwest Airlines officials are finalizing negotiations with respect to Northwest purchasing this property and redeveloping it as a data center if these proceeds could be made available to reduce their costs in this regard. q 7 Page 2/EAGAN ECONOMIC DEVELOPMENT COMMISSION August 27, 1991 City Administrator Hedges introduced Tom Lindquist, Unisys Corporation, and Ken Levenson and John Austin, representatives of Northwest Airlines, who were in attendance and available for questions or presentation. City Administrator Hedges further explained that the application supports a need by two (2) corporations satisfying the sale of a building Unisys declared as surplus property approximately four (4) years ago and fulfilling a need for office space by Northwest Airlines to be used as a data center. Mr. Levenson, representing Northwest Airlines, explained the purpose of the data center,stating that this facility will be the central information point for their worldwide operation and,when completed, will be one of the top three data centers in the State of Minnesota He further commented that the number of jobs will approach 1,000,which includes both new jobs and centralization of jobs from other locations throughout the Twin Cities, including Eagan. Mr. Levenson stated that he is pleased with the reception the City of Eagan has given to the TiF application and informed the Commission that originally Northwest Airlines was looking at several existing buildings that could accommodate the data base center in other major U.S. cities. Commission member Duholm responded to the presentation stating that the use of TIE to assist two major corporations presently located within the community is an excellent use for this financial tool. Other Commission members commented on the opportunity to assist Unisys with the sale of a special use building that has been on the market and unoccupied for approximately four (4) years while providing job retention and placement to Northwest Airlines in the Unisys building. In a motion by Commission member Grinde, seconded by Commission member Luse- McKeen, with all members voting in favor, it was recommended that the City Council expand the tax increment financing project area for the Unisys marketing facility to be expanded to include the 40 acre semi-conductor facility parcel for the redevelopment of that parcel and facility as a data base center for Northwest Airlines. TOURISM City Administrator Hedges stated that the Eagan Chamber of Commerce and its Executive Director Dan Aberg are requesting that the concept of the tourism and convention bureau be further reviewed and considered by the Economic Development Commission. He further stated that Mr. Aberg is unable to attend this meeting and has asked for a continuance to address the Commission at a future meeting. Commission member Duholm requested that Mr. Aberg secure support from restaurants and hotels located within the community before this item is scheduled for future consideraiton. Chairperson Wenzel suggested that the City wait and determine the impact on the Mall of America before the concept of a tourism & convention center is further explored. After further discussion on the matter and in a motion by Commission member Luse-McKeen, seconded by Commission member Grinde, with all members voting in favor, it was suggested that the concept of a tourism/convention center be continued for approximately four(4) months before the proposal is again addressed by the Economic Development Commission. CONTACTS COMMITTEE UPDATE There was no report or update by the Contacts Committee. PROMOTIONS COMMITTEE UPDATE Commission member Johnson stated that an Economic Development Commission brochure will be considered by the Commission for publication this fall. He further suggested the publication of a brochure that promotes the City of Eagan listing parks, walking trails and proximity to attractions that could be distributed at the Mall of America and other locations within the seven county metropolitan area Commission member Johnson stated that a brochure promoting the City of Eagan should be further pursued with the Chamber of Commerce. ctY RESOLUTION APPROVING MODIFICATION NO. 1 TO DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLAN FOR ECONOMIC DEVELOPMENT DISTRICT NO. 1 AND APPROVING DEVELOPMENT AGREEMENT BE IT RESOLVED By the City Council of the City of Eagan, as follows: 1. There has been presented to this Council Modification No. 1 to the Development Program and Tax Increment Finance Plan for Economic Development District No. 1 (the "District") pursuant to the Minnesota Tax Increment Financing Act (the "Act") . Among other things, Modification No. 1 expands the boundaries of the District. A public hearing was held thereon by the City Council on September 16, 1991 and no comments thereon have been received from the Dakota County Board of Commissioners or the School Board of the affected school district. Modification No. 1 has been reviewed by the Planning Commission. 2. On the basis of reports submitted by the City' s staff and consultants and facts contained in the original Tax Increment Finance Plan and in Modification No. 1, it is hereby found and determined that: (a) The District was, when formed, and remains a economic development district under the Act. (b) The development undertaken and to be constructed in the District, as modified, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing was and is deemed necessary. (c) The Tax Increment Financing Plan, including Modification No. 1, conforms to the general plan for the development of the City as a whole. (d) The Tax Increment Financing Plan, including Modification No. 1, affords maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the project by private enterprise. 3 . Modification No. 1 to the Development Program Tax Increment Financing Plan is hereby approved. 4 . In connection with the activities in the District, as modified, there has been presented to this Council a Development Agreement between the City and Northwest Airlines, Inc. , together with a Tax Increment Revenue Note, which are hereby approved. The Mayor and City Clerk are hereby authorized to execute and deliver the Development Agreement and Note in substantially the form on file with such changes as are approved by the officers executing the same. 5056e E. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion Made By: 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 16th day of September, 1991. E. J. VanOverbeke, City Clerk City of Eagan (L)r° Agenda Information Memo September 16, 1991, City Council Meeting FINAL ASSESSMENT HEARING (HILLS OF STONEBRIDGE) B. Project 597, Final Assessment Hearing (Hills of Stonebridge 3rd Addition - Trunk Storm Sewer)--On August 20, the Council received the final assessment roll for the above- referenced project and scheduled a public hearing to be held on September 16, 1991. Enclosed on page 107..is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on July 17, 1990, where the installation for this project was originally approved. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, a special informational neighborhood meeting was held on Tuesday evening, September 10, to review the proposed assessments with the affected property owners. Enclosed on pages /03through 10 7 is an executive summary of the assess went roll pres ted at this informational neighborhood meeting. Enclosed on pages /Oo through Jis a memo from staff summarizing the issues raised and discussed at this meeting. If any questions or issues remain, staff will continue to address them as part of the formal public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 597 (Hills of Stonebridge 3rd Addition - Trunk Storm Sewer) and authorize its certification to Dakota County. i 0 ( FINAL ASSESSMENT HEARING PROJECT NUMBER: 597 ASSESSMENT HEARING DATE: SEPTEMBER 16. 1991 SUBDIVISION/AREA: HILLS OF STONEBRIDGE 3RD PUBLIC HEARING DATE: JULY 17, 1990 IMPROVEMENTS INSTALLED AND/OR ASSESSED: P.R. - Feasibility Report FINAL P.R. FINAL P.R. SANITARY SEVER RATES RATES Mail= RATES RATES D Trunk la Trunk $.056/sf $.056/sf ❑ laterals ❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk ❑ Lat. Benefit/ Trunk EATER STREETS ❑Trunk ❑ Gravel Base ❑Laterals D Surfacing ❑Service ❑ Res. Equiv. ❑Lat. Benefit/ ❑ Multi Equiv. Trunk. ❑ C/I Equiv. ❑VAC ❑ Trail SERVICES STREET LIGHTS ❑ Water b San. Sever ❑ Installation ❑ Energy Charge CONTRACT 0 OF INTEREST AMOUNT CITY ASSESSED FINANCED PARCELS –��— $23,386.94 F.R. $109,938 F.R. N A 24 10 Yrs. 8.5 S 22,359.41 114,496.40 C014�liTS (° PROJECT 597 NEIGHBORHOOD MEETING HANDOUT The City Council at the conclusion of the public hearing on July 17, 1990 ordered Project 597. According to the feasibility report, the following improvement was to be constructed and/or assessed. The improvement is the easement acquired for storm water drainage in Pond JP-27. The feasibility proposed to assess the benefits using the area method of assessment. This roll was completed using that method. The easement has been acquired, therefore, the project is ready for assessment. Overhead at the rate of 12.13% was added to the easement cost to arrive at the project cost. The trunk storm sewer rates in effect at the time of the public hearing will be used in determining the amount of the assessment. The assessment hearing is scheduled for September 16, 1991. The following information was used in the preparation of the assessment roll. I. PROJECT COST CONSTRUCTION 12.13 % TOTAL IMPROVEMENT COST OVERHEAD COST Easement Acquired $122, 046. 32 $ 14.809.99 $136,856.31 TOTAL 122 , 046. 32 14 . 809.99 $136.856.31 II. ASSESSMENTS A. TRUNK ASSESSMENTS Trunk assessments were proposed in the feasibility report at the single family rate of $.056/sf. The roll is prepared using that rate. B. LATERAL AND OTHER IMPROVEMENTS There were no other improvements constructed or to be assessed as part of this project. C. ASSESSMENT TERMS The assessment terms for this project are to be spread for a term of 10 years as was ordered by the Council at public hearing. The interest rate on the unpaid balance is 8.5% per annum. ,5 III. CITY REVENUES (RESPONSIBILITIES) IMPROVEMENT ASSESSMENT REVENUES IMPROVEMENT COST REVENUE (RESPONSI- BILITIES) Trunk Storm Sewer $136,856. 31 $ 22, 359.41 ($114 ,496.40), TOTAL 2136,856.31 $ 22, 359.41 ($114, 496.40). The City responsibility of $114,496.40 will be financed by the City's Storm Sewer Trunk Fund. GRW/jf 04 pp 0 O — M 0 O O Y1 O 'N M iH N O P tH O .O P�- pp N pp pp 10 .0 0 0 0 .Mp 10 .0 M •0 0 OM �0 -- �0 0 �Np P .O ap O d O P a N 0 p0 pp0 p0 0 oo0 0 0 0 0 0 0 0 N. pp0 �p0 0 0 0 Al 0 Al ..0 .0 0 a 0 0 0 .0 000 .- 000 0 N N 0 O 0 0 0 0 O 0 0 0 0 0. 060 .- 000 0 G O $ oiiIIIIIIIIIIIIiwIi1111111 a •0 .0 .O .0 .0O ..O .0 .O .O •O •O •O .0 .O •0 •0 0 •O .O .O NO •O .O .0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i H N 2 W OC LC Q 5 N.H Z K 1511 -4g111555121121215� Q N H Q N a � 2 N DI co p . 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Pond P 27 / 1 Ni..7., 1l jC r - e Area o 500 1000 Scale in feet Hills of Stonebridge ii =zoo 3rd Addition U ter";lk Storm Sewer Layout it hut Itinnessia City Project No. 597 DCootmm. June 411902)( No. 2 = Assessment Area (L° CI - A 31-Jul-91 ASSESSMENT COST BREAKDOWN PROJ NAME MILLS OF STONEBRIDGE 3RD PROJ NUM P597 SA NAME SSTK597 F STORM SEWER TRUNK SA NAME SSTKS97 SASS 2208 YEARS 10 SF 0.056 /S.F. INT RATE .085 MF 0.070 /S.F. __ MOS 1ST YR INT 15 CI 0.083 /S.F. - YEAR 1991 WC 0.000 /S.F. ASSESSMENT REC PROPERTY GROSS MET UNITS PRO-RATA RATE AMOUNT NMBR IDENT* CL UNITS CREDITS SUBTOTAL FA ASS'BLE SNARE m 1 10-65800-010-01SF 14348 0 14348 1 14348 1 0.056 803.49 2 10-65800-010-02SF 15762 0 15762 1 15762 1 0.056 802.67 3 10-65800-010-03SF 15000 0 15000 1 15000 1 0.056 840.00 4 10-65800-020-01SF 14106 0 14106 1 14106 1 0.056 789.94 5 10-65800-020-02SF 14807 0 14807 1 14807 1 0.056 829.19 6 10-65800-020-035F 15000 0 15000 1 15000 1 0.056 840.00 7 10-65800-030-01SF 20747 0 20747 1 20747 1 0.056 1161.83 8 10-65800-030-03SF 15000 0 15000 1 15000 1 0.056 840.00 9 10-65800-040-01SF 20645 0 20645 1 20645 1 0.056 1156.12 10 10-65800-040-025F 16515 0 16515 1 16515 1 0.056 924.84 11 10-65800-040-03SF 15000 0 15000 1 15000 1 0.056 840.00 12 10-65800-050-01SF 20645 0 20645 1 20645 1 0.056 1156.12 13 10-65800-050-02SF 15000 0 15000 1 15000 1 0.056 840.00 14 10-65800-050-03SF 15000 0 15000 1 15000 1 0.056 840.00 15 10-65800-060-01SF 14991 0 14991 1 14991 1 0.056 839.50 16 10-65800-060-02SF 15000 0 15000 1 15000 1 0.056 840.00 17 10-65800-060-03SF 18961 0 18961 1 18961 1 0.056 1061.82 18 10-65800-070-01SF 15002 .0 15002 1 15002 1 0.056 840.11 19 10.65800-070-02SF 16145 0 16145 1 16145 1 0.056 904.12 20 10-65800.080-029F 15421 0 15421 1 15421 1 0.056 863.58 21 10-65800-090-029F 15367 0 15367 1 15367 1 0.056 860.55 22 10-65800-100-029F 21000 0 21000 1 21000 1 0.056 1176.00 23 10-65800-110-029F 21000 0 21000 1 21000 1 0.056 1176.00 24 10.65800-120-021F 18813 0 18813 1 18613 1 0.056 1053.53 399275 0 399275 22,359.41 lot MEMO TO: FILE FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 12, 1991 SUBJECT: CITY PROJECT #597 HILLS OF STONEBRIDGE 3RD ADDITION TRUNK STORM SEWER POND JP-27 ACQUISITION FINAL ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING An informational neighborhood meeting was held for the above- referenced project on Tuesday, September 10, 1991, at the Eagan Municipal Center from 6:30 p.m. to 7: 30 p.m. Six residential property owners as well as two representatives from City staff were in attendance. The attendees were as listed below: NAME ADDRESS, Gerald Thurstin 4251 Stirrup Street Dale Siedschlag 4275 Stirrup Street Cliff Bartels 4267 Stirrup Street Jim Ingram 743 Hackmore Drive Kathleen Engstrom 4283 Stirrup Street Mr. & Mrs. Edward Deck 4280 Stirrup Street Jerry Wobschall City Consultant Mike Foertsch City Staff The City staff opened the informational meeting at approximately 6:30 p.m. and provided a presentation of the materials included in the informational packet which was provided to all residents in attendance at the meeting. The presentation outlined the history of the project, the trunk area storm sewer assessment rate, the cost of the project, the assessment terms (interest rate and length of the assessment) , the amount of the assessment revenue and the amount of the City's share of the improvements. The residents were provided an explanation of the trunk area storm sewer assessment methodology and what portions of the City's storm sewer system are funded by the trunk area storm sewer method. It was evident at the meeting that an improvement in the late 1970's was undertaken for the Saddlehorn Addition. The residents questioned why the trunk area storm sewer assessment was not a part of the previous street and utility improvements (City Project No. 241) . At the time of the meeting, information relative to Project No. 241 was not available to staff. Subsequent to the meeting, a review of the feasibility report for Project 241 revealed that the trunk area storm sewer issue was addressed and was delayed to a future date, the future date being identified as when a trunk area storm sewer improvement was undertaken downstream from the Saddlehorn Addition. As a result of this discussion, the residents requested that the 1990 trunk area storm sewer rate be reduced to that rate which was in effect in 1978 when the original streets and utility improvement went in. 102 Page 2 The residents asked for and were provided an explanation of the steps necessary for the appealing of the proposed assessment. They stated that their properties would not benefit in the amount of the assessment from a downstream trunk area storm sewer improvement since the lateral street and utility improvements were performed a number of years ago in the late 1970's. The residents recalled that at the public hearing for Project 597 the Council was negotiating with the developer of the Hills of Stonebridge 3rd Addition for one-half the cost of the pond acquisition. Staff responded to this by stating that the developer in fact did contribute to the cost of the pond acquisition. Staff went on to explain to the residents that the trunk area storm sewer rate does not include the cost for the acquisition of the ponding areas. The trunk area storm sewer rate was developed assuming no cost for the acquisition of ponding areas in the system. The residents felt that since the development of the Hills of Stonebridge 3rd Addition caused the need for the acquisition of Pond JP-27, they felt that whatever contribution the developer made to the acquisition of the pond should be credited to the amount that the residents were being assessed. One resident requested information relative to the cost for the lateral storm sewer improvements that were assessed as a part of Project 241. That information was provided to the resident the following day. The meeting was adjourned at approximately 7:30 p.m. de a I AeAllift A-sistant Ci— Engineer MPF/jj Agenda Information Memo September 16, 1991, City Council Meeting FINAL ASSESSMENT HEARING (PARK CENTER ADDITION C. Project 583,Final Assessment Hearing (Park Center Addition - Streets &Utilities)-- On August 20, the City Council received the final assessment roll for the above-referenced project and scheduled a public hearing to be held on September 16, 1991. Enclosed on page is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on December 17, 1989, which originally authorized the installation of these improvements. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. _- Enclosed on pages It through (?..O is an executive summary of the assessment roll for the Council's information during staff's presentation. If any questions or issues remain, staff will continue to address them as part of the formal public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 583 (Park Center Addition - Streets & Utilities) and authorize its certification to Dakota County. f 0 FINAL ASSESSMENT HEARING PROJECT NUMBER: 583 ASSESSMENT HEARING DATE: SEPTEMBER 16, 1991 SUBDIVISION/AREA: PARK CENTER PUBLIC REARING DATE: DECEMBER 19, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. FINAL P.R. SANITARY SEWER RATES RATES STOR1[ SEWER _RATES RATES ['Trunk ❑ Trunk Outlot A $1,592.97/Ac. $ 9,216/Ac. ®Laterals $ 2.448.26/Ac..$ 2.289/Ac. ® Laterals—Other 17.138.87/Ac > > ,2Q /4r. ❑ Service 0 Let. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS ❑Trunk — ❑ Gravel Base _ © Laterals $2,997.85/Ac, $ 4,177/Ac. ❑ Surfacing $8i194.37/Ac. $25.646/Ac. ['Service ❑ Res. Equiv. _ ['lat. Benefit/ 0 Multi Equiv. _ Trunk ❑ C/I Equiv. O WAG © Trail $ 6.17/ff $ 11.79/FF SERVICES S LIGHTS [' Water & San. Sever ❑ Installation $ 443/Ac. $ 536/Ac. [' Energy Charge$224.54/Ac. $ 160/Ac. CONTRACT A OF INTEREST AMOUNT CITY NO. PARCELS TEBMS RATE e$SESSED FINANCED $631,488 F.R. —0- 90-11 5 10 Yrs. 8.5 % 421 ,409.29 _0_ MEMEL I MEMO TO: DEANNA KIVI, ASSESSMENT CLERK FROM: GERALD R. WOBSCHALL DATE: JULY 31, 1991 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 583 PARK CENTER The City Council at the conclusion of the public hearing on December 19, 1989 ordered Project 583. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are: sanitary sewer lateral, water lateral, storm sewer lateral, streets, sidewalks, streetlights and streetlight energy costs. The feasibility proposed to assess the benefits using an area method for the sanitary sewer, water internal storm sewer and street improvements. Development and storm sewer pond construction were proposed for assessing 35% of the cost to one parcel, with the remaining balance of the cost being spread using an area method. Sidewalk is proposed to be assessed using a linear method. This roll was completed using the methods recommended in the feasibility study. Construction of the improvements is being accomplished under Contract 90-11. The contract is substantially complete. Overhead at the rate of 26.57% was added to the construction cost to arrive at the assessable cost and assessment rates determined in this report. The assessment hearing is scheduled for September 16, 1991. The following information was used in the preparation of the assessment roll. I. PROJECT COST CONSTRUCTION % TOTAL COST OVERHEAD COST Sanitary Sewer Lateral $ 24,623.50 $ 6,542.88 $ 31,166.38 Water Lateral 30, 151.00 8,011.63 38,162.63 Storm Sewer Lateral 179,006.00 47,564.93 226,570.93 Street 82,415.18 21,899.11 104,314.29 Sidewalk 7,286.40 1,936.13 9,222.53 Streetlights 6.300.00 1,674.02 7.974.02 Subtotal $ 329,782.08 $87,628.70 417,410.78 Streetlight Energy 3.520.80, 528.12 4.048.92 TOTAL 1_221,_221d1 588. 156.82 5421.459.70 l ` � II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments were proposed in the feasibility report because those assessments had previously been assessed to these properties. No trunk assessments are proposed in this roll. B. LATERAL AND OTHER IMPROVEMENTS 1. Sanitary Sewer Lateral The sanitary sewer improvements consisted of the installation of sanitary sewer structures at a construction cost of $24,623.50. Overhead in the amount of $ 6,542.88 was added which results in an improvement and assessable cost of $31,166.38. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 31,166.38 12.73 Acres $2,448.26/Acre 2. Water Lateral The water improvements consisted of the installation of 6" and 8" diameter watermains at a construction cost of $30,151.00. Overhead in the amount of $8,011.63 was added which results in an improvement and assessable cost of $38,162.63. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 38,162.63 $12.73 Ac. $2,997.85 3. Storm Sewer Lateral Improvements The storm sewer lateral improvements consisted of two components which will be assessed using different assessment bases. A summary of those bases with detail following is: STORM SEWER TOTAL 35% 65% OR 100% IMPROVEMENT COST OIITLOT A OTHER PARCELS Development System $ 23,979.64 $ 8,392.87 $ 15,586.77 Internal System 202.591.29 202.591.29 TOTAL $226,570.93, $ 8,392.87 $218,178.06, � ( 5 The assessment rate for Outlot A was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 8,392.87 5.27 Acres $ 1,592.57/Acre The assessment rate for the remaining parcels was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $218,178.06 12.73 Acres $ 17,138.89/Acre a. Development System The storm sewer improvements consisted _of the installation of 12" to 48" diameter RCP pipe, catch basins and related manholes at a construction cost of $18,945.50. Overhead in the amount of $5,034.14 was added which results in an improvement and assessable cost of $23,979.64. The feasibility report called for this improvement to be 100% assessed to the benefitted properties with 35% of the cost, i.e. $8,392.87 being assessed to one parcel and the remaining 65% of the cost, i.e. $15,586.77 being assessed using the area method. b. Pond Construction These improvements were constructed privately. Therefore, no assessments are included in this roll. c. Internal System The storm sewer improvements consisted of the installation of 12" to 36" diameter RCP pipe, catch basins and related manholes at a construction cost of $160,060.50. Overhead in the amount of $42,530.79 was added which results in an improvement and assessable cost of $202,591.29. The feasibility report called for this improvement to be 100% assessed to the benefitted properties, i.e. excluding Outlot A, using an area method. 4. STREET The street improvements consisted of the installation of 36' wide 9 ton street at a construction cost of $82,415.18. Overhead in the amount of $21,899.11 was added which results in an improvement and assessable cost of $104,314.29. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determined in the following manner: ft4 IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 104,314.29 12.73 Acres $ 8,194.37/Acre 5. SIDEWALKS The sidewalk improvements consisted of the installation of 4" x 6' wide walk at a construction cost of $7,286.40. Overhead in the amount of $1,936.13 was added which results in an improvement and assessable cost of $9,222.53. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using linear method. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE FRONTAGE ASSESSMENT RATE $ 9,222.53 1,495.21 FF $ 6.17/ft 6. STREETLIGHTS The streetlight improvements consisted of the installation of 6 streetlights at a construction cost of $6,300.00. Overhead in the amount of $1,674.02 was added which results in an improvement and assessable cost of $7,974.02 . The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 7,974.02 18.00 Acres $ 443.00/Acre 7. STREETLIGHT ENERGY COSTS Future streetlight energy costs will be recovered through a 10-year plan. The plan calls for the lots in this area to be assessed whether developed or undeveloped. The energy cost to be assessed was computed in the following manner. 150 Watt Streetlight (4 ea. ) $8.86/Mo. x 60 Mo. _ $2,126.40 250 Watt Streetlight (2 ea. ) $11.62/Mo. x 60 Mo. = 1.394.40 TOTAL 3,520.80 Overhead at 15% 528.12 Cost to be Assessed $4,048.92 The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 4,048.92 18 Acres $ 224.94/Acre ( 5/ C. ASSESSMENT TERMS The assessment terms for this project are to be spread for a term of 10 years as was ordered by the Council at the public hearing. The interest rate on the unpaid balance is 8.5% per annum. III. CITY REVENUES (RESPONSIBILITIES) IMPROVEMENT ASSESSMENT REVENUES IMPROVEMENT COST REVENUE ( RESPONS - IBILITIES) Sanitary Sewer $ 31,168.38 $ 31,166.35 ( .03) Lateral Water Lateral 38,162.63 38,162.63 -0- Storm Sewer Lateral 226,570.93 226,570.91 ( .02) Street 104,314.29 104,314.34 .05 Sidewalk 9,222.53 9,225.45 2.92 Streetlight 7,974.02 7,974.00 ( .02) Streetlight 4,048.92 4,048.91 ( .01) Energy Costs Total 1421,459.70 $421,462.59 $ 2.89 Gerald R. Wobschall Reviewed: Reviewed: Public Works Department Finance Department Dated: Dated: cc: Thomas A. Colbert, Director of Public Works E. J. Van Overbeke, Director of Finance/City Clerk Jim Sheldon, City Attorney Ken Damlo, Assistant Finance Director GRW/jf I s = 4, MN S IT : § ■ A r- $ P. .4 •••• CM I �_ / § 0 a § 3 N � § P2r- C ■ - &• - s NJ k ZB § § � U. IX 3.• Nrn § � GUin � K KkK � § ° •H. � ■ 2 ■ § .1▪ # 3 � % ■• < k N § N .... B § § a N - N _ B a N N § � a » 8 � k | a0A / k � § Z N 2 _ - _ E U -o1aa � o8 '4 ry § k a N CV • N N N N 07 a. H AZ CC 4 - N 2 -• ; 8 2 p ■ A 5- U N • 2 � § a N E ■ 0 cn cc;FS . � aNIaCM Con I-- U 0. / � � �i Di 0 as a � � N - 0a0• A § § 2 000A60Am E ) a E k Q § x ■ ■ 3A ■ ■ ■ � k ° � B § § k = - - N - �_ _ § g _ E 0 § § § § B i � § I § § § 2 § ; / � § § § § §r - [ � A. _ _ _ _ o @ LEGEND SANITARY SEWER LATERAL WATER LATERAL STREET ASSESSABLE AREAS i D N PARK CENTER ADDITION O P 4 v � Q v 0 O ac i::::iiiii-iiiiiii.ii.:::::i:i:iiii.:N::::.iiii;:i*::::iiiiiiiMiiiiiiiii:iiiii:.:iiiiiiiiIiiiiiiinf , c CENTER :• ....x.x.......::.:.:.:.:.:.:....,...x.::.:.:.:.:.:.::.:.:.:.....x..x.x.::.:.:.:...:: it Q �'iatit iiiiiiillignifiliiiiiiiitiglii 3 Q Si )!m V CLIFF ROAD city of eagan PROJECT 583 approved: standard y plate _1: - PUBLIC IMPROVEMENT AND `i Frt. WORKS ASSESSMENT MAP l -?-1-� DEPARTMENT LEGEND • • INTERNAL STORM SEWER **** DEVELOPMENT STORM SEWER 65% OF DEVELOPMENT STORM SEWER AN 100% OF INTERNAL STORM SEWER ta> N • PARK CENTER ADDITION • /*:411:::*:•::::4iiirk*::::::*:::.ii:.:.,:::::::...... • * t� P O# 1' a 0 0 Q Q � o o �- O F 0 ct o***- lirCENTER "1;.:::;;.§i:i.li::.*:.:x:§2:::** :,:::::::::::::::::::::::::::::::::::::§:::::::::::::::i: : 5 ::::::::::::::§g§::::::::::::::::::::::::::::::::§§§,,,,,,:::::::::::::,:,„„„„„„„„:; . :::::::::::..:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::,,,::::::::::::::::::K ,,..„..,......:•:•:: •,..........:.:•:•:•:•:•:...-::.:---:::,. ......,-:,-:,-::-:,-::.:0::: v •:•:„...:•:„.....:.:.:.:.:.:.:.:.:•:........:.:.:.:.:.:.:.:.:„....:.:.:.:.:.:.:.:...„.....:.: it Q �o 07 :::::.::.. ...::!::!:!:::!: :!::```:::..• •:::::::: :::;;K::.:::*::::::::::::::::::::::::K::::::::::::::*:: ::::::::::::::::::::::::::::::If.... ........?% ..,, .....••••••.:,::. :::::::::::::. •.:•:• „..;:::•:•:. A ..:::::::::::::::::::::::::::•:::::::::::::::::::: ::.01.1k.„„„ ..,. :::::.:.:.. ..------x -- ----*:.: v x.:%%:.:.:.:.:.•:•:•:•:•:•:•:•:•:•:•:•:.:• :.:.:.:.:.:.:.:.:.:.:.:.::.:.:.:.:.:.:.: .. :......:. .: -.....:•:•:. ...::•:•:•:•:•:•:•:•:•:•:•:•::.:.:.:.:.:.:.:.:.:.:.:.::. .:.:.:.:.:.:.:.:.:.:.:.:................ , ...................... .... ..... CLIFF ROAD city of eagan PROJECT 583 approved: plate*: F_ is, IMPROVEMENT AND l �t: WORKS l ,h. ASSESSMENT MAP -- DEPARTMENT LEGEND SIDEWALK ON F.F. BASIS • STREETUGHT LOCATION STREETUGHT AND ENERGY COST __ ASSESSABLE AREAS i D N i K CENTER ADDITION PAR 0 Q 0 <' a ::iii::• CC W ENTER : ::::: C S VtM1L . it si CLIFF ROAD city of ea8an PROJECT 583 approved: standard*d PueLic IMPROVEMENT AND F-11,' � h,. woAKS ASSESSMENT MAP �-� - DEPARTNE 1 Agenda Information Memo September 16, 1991, City Council Meeting FINAL ASSESSMENT HEARING (RUSTEN ROAD) D. Project 577, Final Assessment Hearing (Rusten Road - Streets & Utilities)--On August 20, the City Council received the final assessment roll for the above-referenced project and scheduled a public hearing to be held on September 16, 1991. Enclosed on page 12.1is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on September 5, 1989, which originally authorized the installation of these improvements. All notices have been published in the legal newspaper and sent to all affected pro erty owners informing them of this public hearing. Also enclosed on pages/aj through a7 is an executive summary of the assessment roll for the Council's information during t e staffs presentation. Any additional questions or issues will be addressed by staff as a part of the formal public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 577 (Rusten Road - Streets & Utilities) and authorize its certification to Dakota County. 1 C)`\ FINAL ASSESSMENT BEARING PROJECT NUMBER: 577 ASSESSMENT HEARING DATE: SEPTEMBER 16, 1991 SUBDIVISION/AREA: RUSTEN ROAD PUBLIC HEARING DATE: SEPTEMBER 5, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. — Feasibility Report FINAL P.R. FINAL P.R. SANITARY SEWER RATES RATES FTORM SEWER RATES RATES ❑Trunk ❑ Trunk ['Laterals ❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS ['Trunk ❑ Gravel Base ['Laterals El Surfacing $ 7,421 .73/lot $6.638/lot [} Service ❑ Res. Equiv. ❑Lat. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑WAC ❑ Trail SERVICES STREET LIGHTS © Water & San. Sewer $3,005.93/lot $2,569/lot ❑ Installation [' Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO. PARCELS TERNS RATE ASSESSED FINANCED 90-11 5 10 Yrs. 8.5 t $ 9.635.99 COlalENTS: MEMO TO: DEANNA KIVI, ASSESSMENT CLERK FROM: GERALD R. WOBSCHALL DATE: AUGUST 5, 1991 SUBJECT: FINAL ASSESSMENT ROLL PROJECT 577 - RUSTEN ROAD The City Council at the conclusion of the public hearing on September 5, 1989 ordered Project 577. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are sanitary sewer and water services and street improvements with drainage. The feasibility report proposed to assess the benefits using the lot equivalent method of assessment. The roll is completed using that method. Construction of the improvements is being accomplished under Contract 90- 11. The contract is substantially complete. Overhead at the rate of 39.38% was added to the construction cost to arrive at the assessable cost and assessment rates determined in this report. The assessment hearing is scheduled for September 16, 1991. The following information was used in the preparation of the assessment roll. I. PROJECT COST CONSTRUCT. % EASEMENT TOTAL IMPROVEMENT COST OVERHEAD COST Sanitary Sewer and $ 6,470.00 $ 2,547.79 $ 9,017.79 Water Services Street with Storm 38.472.10 15.149.77 544.20 54.166.37 Drainage TOTAL S 44.942.10 $17.697.56, S 544.20 S 63.184.16, II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments were proposed in the feasibility report because those assessments had previously been assessed to these properties. No trunk assessments are proposed in this roll. ( 4 -3 B. LATERAL AND OTHER IMPROVEMENTS 1. Sanitary Sewer and Water Services The sanitary sewer and water service improvements consisted of the installation of 4 inch diameter sanitary sewer services and 1 inch water services at a construction cost of $6,470.00. Overhead in the amount of $2547.79 was added which results in an improvement and assessable cost of $9,017.79. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using the lot equivalent method. The assessment rate was determined in the following manner: IMPROVEMENT COST LOT EQUIVALENTS ASSESSMENT RATE $ 9,017.79 3 $ 3,005.93/service 2. Streets with Storm Drainage The street improvements consisted of the installation of 28 foot wide 7 ton street with concrete curb and gutter. Included in the improvement cost is the cost of constructing the drainage facilities of the street. The total construction cost of the street improvement is $38,472.10. Overhead in the amount of $15,149.77 and easement costs of $544.50 were added which results in an improvement and assessable cost of $54,166.37. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using the lot equivalent method. As a condition of the Whispering Woods 2nd Plat, the City collected $9,636.00 in revenues for that plats share of the Rusten Road costs. The amount to be assessed is $54,166.37 less $9,636.00 or $44,530.37. The assessment rate was determined in the following manner: ASSESSABLE COST LOT EQUIVALENTS ASSESSMENT RATE $ 44,530.37 6 $ 7,421.73/lot equivalent C. ASSESSMENT TERMS The assessment terms for this project are to be spread for a term of 10 years as was ordered by the Council at the public hearing. The interest rate on the unpaid balance is 8.5% per annum. oL( III. CITY REVENUES (RESPONSIBILITIES) IMPROVEMENT ASSESSMENT REVENUES IMPROVEMENT COST REVENUE (RESPONSIBILITIES) Sanitary Sewer and $ 9,017.79 $ 9,017.79 -0- Water Services Street with Storm 54.166.37 44.530.38 (9.635.99) Drainage TOTAL $ 63,184.16 S 53.548.17 S (9.635.99) The City's responsibility will be financed by a transfer from the Major Street Fund. Gerald R. Wobschall Reviewed: Reviewed: Public Works Department Finance Department Dated: Dated: cc: Thomas A. Colbert, Director of Public Works E. J. Van Overbeke, Director of Finance/City Clerk Jim Sheldon, City Attorney Ken Damlo, Assistant Finance Director GRW/jf I e? � W• s r A A s s fP1 M CO CO 2 N O ^ < fX ` N A N N N N O - _ • v v v g > •-•` < v v v v IL Z M A CO O CO CO ?J O O I M M O O O P O pp O a P• ~ N• J CC a W ac CO a v= C. CD ac c s 0: LLI IL F 13prss • IN NI CV CV N N st W▪ < • 1 1 1 1 1 1" O. O A A A 0 0 M W a. VI VI II a J 1 PPPPPr0 • 11 Q < O. 11 N N N N N N M H C.) 11 1 1 1 1 1 1 N Z f� O 2 II A A A A A A a .t 1-I - a II 1 Ca N 11 E 11 M O O O M M o. O i I o: 0000 O.A U J a 1I In • • • in in A < it o 88G td O Z a P M M O In 1.. ee II P S d II 2 Z Le N § 1 W W 0 i i _ y CO CO J J p1 00 O Z i Z N 0 0 0 0 0 M 0 0 0 0 0 I- i1 0 0 N 0 M 00 1 0 IC H r it, § EI O O N N N O .O < O 1101 1n In A A 000000 1Cl O LI 0 LEGEND * STREET **STREET AND SERVICE PAIR f ,1 I ' �'•• I �� I ♦ •y _ �1) I ' . 0 J > sfr P .� R POND• •_ r I w. ..41• O R� �t ww t�,. 7 \ I 4 tRI _ttv., _ ,sr I HOMAS I :� .. i ** ' AT _ __ _ N o �-i, / ........tiW a i 1?frier. ... CC A 4 :** z -v. I. . , , 1 T oN H ' `mow , , 1. ' • ' / I -.. G O • o w • ! I V 1 • II w � !- at ■..... • s = LM. -C ! •r 1r Z a • rN . city of eagan approved: standard PROJECT 577 plate #: �, PUBLIC t; ;. WORKS RUSTEN ROAD 1 -- '- DEPARTME ASSESSMENT MA PC Agenda Information Memo September 16, 1991, City Council Meeting FINAL ASSESSMENT HEARING (WILMUS ADDITION) E. Project 592, Final Assessment Hearing - Wilmus Addition (Trunk Storm Sewer)-- On August 20, the City Council received the final assessment roll for the above-referenced pro ct and scheduled a public hearing to be held on September 16, 1991. Enclosed on page ioZ'1 is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on May 17, 1990, which originally authorized the installation of these improvements. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, a special neighborhood information meeting was held on Monday evening, September 9, to review the pr posed assessments with affected property owners. Enclosed on pages`,b through 1.3ci an executive summary of the assessment roll presented at this informational neighborhood meeting. Enclosed on pages f3(through LJG is a memo from staff summarizing the issues raised and discussed at this meeting. Enclosed on pages t31 through el are written bjections staff has received as of this date. Also enclosed on pages / rough �i4( are copies of staff's response to the affected property owners regarding their objections and concerns. Any additional questions or issues will be addressed by staff as a part of the formal public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 592 (Wilmus Addition - Trunk Storm Sewer) and authorize its certification to Dakota County. /A of FINAL ASSESSMENT HEARING PROJECT NUMBER: 592 ASSESSMENT MEANING DATE: SEPTEMBER 16, 1991 SUBDIVISION/AREA: WILLMUS ADDITION PUBLIC HEARING DATE: MAY 17, 1990 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.B. — Feasibility Report FINAL P.R. FINAL T.B. $ARITARY SEWER RATES RATES STORM SEWER RATES RATES $ .028/s.f. $ .028/s.f. .056/s.f. .056/s.f. ❑Trunk ® Trunk .070/s.f. .070/s.f. .083/s.f. .083/s.f. ❑Laterals ❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk ❑ Lt. Benefit/ Trunk WATER =LEA ❑Trunk ❑ Gravel Base ❑Laterals ❑ Surfacing ❑Service 0 Res. Equiv. ❑L t. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑NAC ❑ Trail JERVICES STRUT LIGHTS ❑ Water & San. Sever ❑ Installation ❑ Energy Charge CONTRACT * OP INTEREST 4 AMOUNT CITE 110. PARCELS TERMS >tATE MUM MEM $122,111.00 F.R. $137,885.00 F.R. 40-09 23 15 Yrs. 8.5 t 113.986.37 =MINI ( )-51 PROJECT 592 NEIGHBORHOOD MEETING HANDOUT The City Council at the conclusion of the public hearing on May 17, 1990 ordered Project 592. According to the feasibility report, the following improvement was to be constructed and/or assessed. The improvement is, a trunk storm sewer lift station with force main. The feasibility proposed to assess the benefits using an area method of assessment. The roll is completed using that method. Construction of the improvements is being accomplished under Contract #90-09 which is substantially complete. Estimated overhead at the rate of 28.22% was added to the construction cost to determine the improvement costs. The assessment hearing is scheduled for September 16, 1991. The following information was used in the preparation of the assessment roll. I. PROJECT COST CONSTRUCTION 28.22 % TOTAL IMPROVEMENT COST OVERHEAD COST Storm Sewer Lift $232,732.03 $ 65,685.59 $298,417.62 Station and Force Main Total $232,732.03 $ 65,685.59 $298,417.62, II. ASSESSMENTS A. TRUNK ASSESSMENTS Trunk Assessments were proposed in the feasibility report at the following rates: ASSESSMENT PROPERTY CLASSIFICATION RATE Open Space Park $ .028/s.f. Single Family .056/s.f. Multi Family .070/s.f. Commercial/Industrial .083/s.f. These rates were used in computing this assessment roll. B. LATERAL AND OTHER IMPROVEMENTS No lateral or other improvements were proposed in the feasibility report and none were constructed as part of this improvement. Therefore, no assessments are included in this roll. X30 C. ASSESSMENT TERMS The assessment terms for this project are to be spread for a term of 15 years as was ordered by the Council at the public hearing. The interest rate on the unpaid balance is 8.5% per annum. D. SPECIAL CONSIDERATION PARCEL #10-02800-020-50 The property owner E. H. Willmus entered into an agreement with the City that provided for the re-spread of trunk assessments from certain park properties that Willmus dedicated to the City to the remaining parcel. Included in this roll are those park properties being assessed and the assessments being re-spread to the remainder of the Willmus property. The following assessable areas and rates were used in computing the obligation levied against Parcel #10-02800-050-20. ASSESSABLE ASSESSMENT- ASSESSMENT PARCEL NUMBER AREA RATE OBLIGATION 10-02800-020-50 523,942.40 $.07/S.F. $ 36,675.97 (Willmus) 10-84450-010-00 305,484.00 .056/S.F. 17,107.10 (Park) 10-02800-018-50 494,103.00 .028/S.F. 13.834.88 (Park) Total $ 67.617.95 Area Computation AREA 67,617.95 + .07 — 965,970.70 III. CITY REVENUES (RESPONSIBILITIES) IMPROVEMENT ASSMT. REVENUES IMPROVEMENT COST REVENUE (RESPONSIBILITIES) Storm Sewer Lift $298,417.62 $113,986.37 ($184,431.25) Station and Force Main Total S298.417.62 $113.986.37 (S184.431.25) The City's responsibility will be financed by the storm sewer trunk fund. � 3 O O M M IA 0 0 VN1 0 P 1- 0 0 - 0 0 IA Y01 0 in 0 - M r 1- V1 •O O 1∎ N M O O .Y O h 0 0 0 .? 0 0 M .O O O M Ce J M W N O .- N 0. 4. P O W < r .t N M O W P 1. M .- 0,• O N M V1 <O N .- M M .t �O .0 M a y1 o o 0 0 0 00 IA 0 0 F ti IA 0 0 0 0 0 0 0 0 0 0 0 0 o 2 0 0 0 0 W O 'O N o 0 0 0 0 0 0 0 0 0.- 08000 1I- i! 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' j. , ':41.0 • 141' 11 1 . a 4111111F.''''y 1 • i - • dalLPIP , I. /• 4 . .••• • standard city of eagan approved plate #: PUBLIC PROJECT 592 WORKS •_ ASSESSABLE AREAS 1 -----"r'' DEPARTMENTi G r..:-.....U... _. wwi t`�ti er,� M Iw•r• M!r rt war L■ 11 .:.. i 3 LEGEND ._i SINGLE FAMILY :•; MEMO TO: FILE FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 13, 1991 SUBJECT: CITY PROJECT 592, WILMUS ADDITION TRUNK STORM SEWER IMPROVEMENTS FINAL ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING An informational neighborhood meeting was held for the above- referenced project at 6:30 p.m. on Monday, September 9, 1991, at the Eagan Municipal Center. Five residential property owners as well as two representatives from City staff were in attendance. The attendees are as listed below: NAME ADDRESS Wally Nickolson 4566 Lenore Lane George Stertz 1760 Cliff Road Mr. & Mrs. William Ward 1836 Cliff Road Steve Marstad 1740 Cliff Road Tom Colbert City Staff Mike Foertsch City Staff Tom Colbert opened the informational neighborhood meeting at approximately 6: 30 p.m. and provided a presentation of the materials included in the informational packet which was provided to all of the attendees at the meeting. The presentation outlined the history of the project, the type of improvement constructed, areas included in the assessment, the rates used in computing the assessment roll, the assessment terms (interest rate and length of the assessment) , policy for prepayment of assessments and the amount of the City's share of the improvements. Tom went on to explain the rationale used behind the development of the City's trunk storm sewer system and the methodology involved in determining each particular zoning classification's assessment rate. The areas included in the assessment roll were those areas which hadn't previously paid their trunk area storm sewer assessment. The final assessable areas were those areas which are tributary to the ponding area developed under this project. Tom also addressed the difference between a trunk and a lateral storm sewer system. The property owner of Lot 8, Block 3, of the Clearview Addition questioned the total area of his parcel versus the area of his parcel which is included in a ponding area. Subsequent to the neighborhood meeting, staff had the opportunity to research the property owner's question and there was an error made in the preliminary assessment roll identified at the public hearing for the project. The property owner has since been notified by letter of the inconsistencies. Page 2 The property owner for Parcel 020-01 stated that his property drains south to a low lying area which does not have a storm sewer outlet. Subsequent to the neighborhood meeting, staff had the opportunity to review the drainage area and concluded that less than 50% of his property drains into the drainage basin identified under this project. The property owner was then notified by letter of this analysis. A similar concern was expressed by the owner of Parcel 040-01. He stated that he felt his property drained to a land-locked low lying area on the northerly side of his property. Staff is in the process of verifying the drainage area tributary to the drainage basin included in this project for all of the remaining parcels south of Cliff Road. At the time of the preparation of these minutes, that analysis had not been completed. The meeting ad 'o rued at appro imately 7 : 30 p.m. /✓ • Assistant Cit sneer MPF/jj 3 (Ps 1 14 (-4 ,a\ q. S 1 i% � • I ' - , -,• Ee, ()d( X - sy telle7/2-,_■, fr--, o /7, �qd , .-mot 6L. .,� (1.4_,L,./ Le _ C-c (�-Le.. l 7--' `0'--t-- / Lit,,-L 4-- ..�C-,,c _4;e,,-C, .�C-�% _. �.-z2 -c-c-ti , f: 1 t Jet .<...er_-..:—.4-1,� Z...e'.i---,z-e,r . . "�--e, " - x ., ..1.Z,-__7 Z-I.€- ''./ .(_ , _,&A- _,,, -) ",.-_-l.--a_e __Zi- _ tiLq._C_ .(..../..,<-40z.i..--e..-...eje.(-7-z-,.., 6.._.-.:_5: 7-- ..-4 --..,. k..---77..."...._.(..-„ ' — e-LI-I .X.-4--) .. w C / LC ./ / L �'.." e ter l %_ L: 6../...e--e-, , -91,e_... _...,: e" A-elt--t' . X4.{..-<, 7ee---- eA--4----i-X_.d .,01V--e4G41-e..4.1 a.----A.." ,_ . , s • 6—c-C/t- ' "` �i .4Lt"-1z-.,4" /7 -- f--77`_ L " 3.-R- - Cc., cam" . 2C'--(- sl-- 12C* �fu/I- r / 3 ' G 13-1 !tom A\ • J�•�1. a.\3 tit\. �a Sect_(A Ta: Ear. Ctt ‘\a1 1 . `lo E.vc .c e ■ o.<.oveC teke , C.t,►\C1QV` . ▪834 "V.\c krob RooA, E.0.°e'r, , M c,rN 5,\ZZ F a ors zL ' a c\c\ �lO.s�:�e �t`oos, - 18\o c k:‘w rud, Eoceac. , ('n c,r. S5V2 2 RE: cm ae_ct 5°■Z, a c.d. Quo cc.es: o ssesscrerA. ¶s\c• S. w\Sh ov c` obaest.\c r (s) to be recAcsded `c- rd&( t�r‘e ptQ o.\ to ossesS ow peope:ctLA " axcess baao .00 dua. -tom t\- "RC) bv. ∎ t} tr ossassrr`as& i-a not t -e vo•\v`e. a'F o‘.),(' pc%o 9&t y • % *lane_ ico iloo set omovac\t; over p opec-tki '1 :k \n excess of s\°I o, os o. eesvAt- of sevec\c Po;Vr\ sys ; we rec e∎t ed rto pc:or` rotA:co n (S c�t�s ■r t\t o; ossesscr-te.c\-t. wars a. re°,\toc s 5 tit\e cafrTNis• search; y) a staff Q.veA L.k t ioc, - • es� was des,ceA )01 Tom s) t1�e Cc'ty of n oe \o cd.- presze.a to c-eo,�est, the peo posed osse_ssmerit be s r:.sse d oszso;,<\st c '°c - 1 ac\d v.t6,es-s'to t1C). -e+t\ c tc c() -to appeo\ .11-N b■S�r∎C..t Cc txr-t, v�s;�nc, oar o pproas S n cet-v .A, QS . vJe be o C."1`'\ �a�\ , Sept 1tct\ , \iM'. las46-qo\0 c ccu�c�\ rae.E \r kilo - ST1-1 p A\so , 0,6pn\ west side o; iB c\', ' R6 ( 1%310 CA.ffi Rd) , ckssessme.c&(s) c`NOc'e, stO.S r- e Mloe CZ. .%_ '-h% tie. C. 0E Eon 'roe O.c‘Mtt QCQ- ect 5012, be '‘vet\e to c.az, gyp.\uen tO ow- pc over\ p ) . _ ,, ,... ,, , _„, 1 ,,,,,, ,,,,a, city of Cagan 3E3: P,0"" K\Oc c<: THOMA<EGA'. EAGAN .4N\E3C-A __ — -C> N2:c' PHONE :t'2;45=-6DC DAVID K GUSTAFSON FAX (6'2;454-E3t3 PAMELA MCGEA September 10, 1991 Tim'A�E.."- THEODORE 4 A:=_: Co. Me– re-_ MR. WALLACE NICKELSON THOMAS HEDGES 4566 LENORE LANE CM Admin6'trot EAGAN, MN. 55123 EUGENE VAN O.ERBEKE ON Cie\ RE: Project 592, Wilimus Addition Trunk Storm Sewer Lot 8, Block 3, Clearview Addition Dear Mr. Nickelson: I appreciated the opportunity to discuss with you your proposed assessments at the neighborhood meeting held last evening at City Hall . At that meeting, you had questioned why your assessment had increased by $749.58 to a new total of $1,746.58. In researching the original estimate contained in the feasibility report presented at the public hearing held on May 17, 1990, there appears to be an error in the calculation of the total area of the above referenced lot. With your lot dimensions being an average of 390.5 deep by 150 feet across the front, the total area of your lot is 58,589 square feet. The total area of your lot contained in the original feasibility report was estimated at 45,200 square feet. While I am not certain as to how the original total area was miscalculated, it is possible that your 150 foot frontage was misinterpreted at 115. While both the original feasibility report and the final assessment roll properly credits 27,400 square feet of assessable area that lies within the ponding easement in your rear yard area, the additional assessable square footage of 13,389 square feet accounts for the additional assessment obligation of $749.58. We have rechecked and double checked our calculations in arriving at your final assessment obligation. I sincerely regret the original error in estimating your assessment obligation that was presented at the public hearing on May 17, 1990. However, once this error has been discovered, it is appropriate to prepare the final assessment obligation based on the actual area contained within your legally described property. While I realize that you are disappointed with the discovery of this error, I hope that this explanation helps to clarify the situation. Sincerely, jdI4 omas A. Colbert, P.E. Director of Public Works TAC/jf THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Afhic e Action Employer l (� L AA %( itp of aagan Me.: P _ • DAVID K FAX (t7< 454-E3cc PAmEi,A MCO2EA September 10, 1991 TIMPAW.En—,, THEODORE a Cant nee—x MR. WILLIAM H. WARD Taw= 1836 CLIFF ROAD cr.,,,or,,,,x..,._. EAGAN, MN. 55122 EWE*VAn OVER3ErE Ctr Ct. RE: Project 592, Villmus Addition-Trunk Storm Sewer Parcel 10-03200-020-01 Dear Mr. Ward: As a follow up to your recent letter, I appreciated 1-he opportunity to discuss with you your concerns regarding the proposed final- assessments for the above- referenced project at the neighborhood meeting held last evening. Based on your comments , we performed additional research into the determination of what portion of your property drains into the drainage district serviced by the above- referenced improvement. Based on aerial photographs flown in the spring of this year, the enclosed topographic map shows that less than 50% (shaded portion) of your property drains into the drainage district serviced by this improvement. In accordance with Section 3, Subd. 1 (copy enclosed) of the City's most recent special assessment policy adopted on February 19, 1991, at least 51% of the property must lie within the drainage district to be assessed from that public improvement. Based on our recent analysis, it has been determined that less than 51k of •.-c :_- property lies within the drainage district. Therefore, at the final assessment hearing scheduled for September 16th, the staff will recommend that your parcel be deleted from the final assessment roll. However, at such time as a storm sewer is extended to drain the low area in your northeast corner or it is modified to redirect that drainage into a district served by City storm sewer, you will then be obligated to pay the trunk area storm sewer assessment at the then future rate for the area incorporated by your entire legally described lot. I appreciated the opportunity to review the concerns with you in person and your patience while staff researched this matter to a greater level of detail. If you have any questions or concerns, please feel free to contact me or present your comments at the public hearing on September 16th. Sincere omas A. Colbert, P.E. Director of Public Works cc: Jerry Wobschall, Special Assessment Consultant Enclosures TAC/jf THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer ( L( ( ......T....i__ i!r� 1 Il ^moo^_✓ / - — — — 'h"�^�. II 1 `\ N ! 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I \ \ � OUTLOT C : I 'II ; > — � \ c \ \ _ \ \ _ Ii ,I , ...., �,,-..,i., * ! 'LIB _ - � - \ 60 C \ \ � � • \\\\ \ ii I K ''\ 1- r l / — ! 0 . I \ \ 1 - - -9 \Y��\\L�. III i/ ���./w''' / / ��ir •': 't \' I r "�mil'. .\\ V I y •I I. .%: - / , , / - - A - ./111:\ \ \- — — ' ' " 1 1 . ....1:::%'...'..:...;:.'*::::.....i...:.....L...... ....... . ;4.'4 If.....1......-.. --/ .• ' / / / o.. i' `4 \ ::4:::1 .:':':'::a :•;•:.Ir:::.4: '.../.: •:::4.::• , , / ■ — — — N. '' \• 111,1 1 , I7/ I - - ::: ' /.:. •:'I::'7y - IlI it I ` , ` — 1 I!. / - -- , / 11 I I I I' / ! / nom` • 1 0, 11 , I ! / I I / - 11 I I I I / / II 1 } I {°�r 1 I ! /�i _ I I 1 1 1 / l :� _ i\'t" \11\1.1 , I -- — / !/ - -- . �- \ 1 1 I 1 1 / / / / i 1\ �1 = - --� \ III III a . Ill I\ l ylitttTo . ` _ I I I I ! ► I I l . _! / N\I l . is " \ \� . — _N I\ - / / . -,%• -..-' \ • , , / , ao . 1 ill 1 I moil .46 N _ \ Lt-�-�\fir _ Si=a, • II//\ \ _ _\\ • J ... — a / I ..-' pow ...26- :"... 0, / fir\ . I/ ; a 9 .0 DR lito / lir f I / / \ 1 v. L , I II l_ 1 I • / ,‘ ' , �`. A.... p Section 3 : Assessment Regulations for Class B Improvements SUBDIVISION 1: TRUNK WATER, STORM SEWERS AND SANITARY SEWERS I} xJVE?iv;S a. Trunk Area and Benefits Trunk improvements for sanitary sewer, water and story 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 car include all unassessed costs of previous publicly insta. e:: Trunk improvements providing service to the assessable benefitted property. The assessable area for Trunk Water Oversizing and related Trunk Area 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 c- story 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 Wain 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 adjacent property 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. Agenda Information Memo September 16, 1991, City Council Meeting FINAL ASSESSMENT HEARING (GALAXIE CLIFF PLAZA 2ND ADDITION F. Project 598, Final Assessment Hearing (Galaxie Cliff Plaza 2nd Addition - Streets &Utilities)--On August 20, the City Council received the final assessment roll for the above- referenced project n s th F4S�uled a public hearing to be held on September 16, 1991. Enclosed on page /�(ori43 iimmary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on August 7, 1990,which originally authorized the installation of these improvements. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. Enclosed on pages l`7ithrough (c'/is an executive summary of the assessment roll which is based on a recommended modification to the original assessment roll presented on August 20 based on comments from affected property owners and the City Attorney's Office. If any questions or issues remain, staff will continue to address them as part of the formal public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the original/modified final assessment roll for Project 598 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) and authorize its certification to Dakota County. RECOMMENDED FINAL ASSESSMENT BEARING PROJECT NUMBER: 598 ASSESSMENT BEARING DATE: September 16. 1991 Galaxie Cliff SUBDIVISION/AREA: Plaza Second PUBLIC MUM DATE: August 7, 1990 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. - Feasibility Report FINAL F.R. VIRAL F.R. SANITART SEWER RATES RATES STOBB SERER RATES RATES [' Trunk ❑ Trunk EXiLaterals $4,143.41/Ac. $4,921/Ac. ® Laterals $8,057.27/Ac• $7.438/Ac. U Service 0 Lat. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base a laterals $3,112.40 /Ac. $5,197/Ar ❑ Surfacing $8:571.47/Ac $9,424/Ac. ['Service ❑ Res. Equiv. ['Lat. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑WAC — ❑ Trail SERVICES STREET LIGHTS ❑ Water & San. Sewer © Installation $311.62/Ac. $404/Ac [' Energy Charge114.52/Ac. $120/Ac. CONTRACT * OF INTEREST AMOUNT CITY NO. PARCELS TERMS -_— MESSED FINPCED $331,600 F.R. -0- 90-10 5 10 Yrs. 8.5 % $299,993.84 -0- COMMENTS: 'c/c AS NOTICED FINAL ASSESSMENT REARING :e:OJECT NUMBER: S98 ASSESSMENT REARING DATE: September 16, 1991 Galaxie Cliff SUBDIVISION/AREA: Plaza Second PUBLIC REARING DATE: Auguct 7, t99n IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. - Feasibility Report FINAL T.B. FINAL F.R. SANITARY SEWER RATES RATES STORM SEDER RATES RATES ❑Trunk ❑ Trunk ®Laterals $3,924/Ac $4,921/Ac. © Laterals $7.630.60/Ac. $7.438/Ac. [' Service ❑ Let. Benefit/ Trunk ❑ Lat. Benefit/ Trunk PATER []Trunk ❑ Gravel Base ®Laterals $2,947.08/Ac. $5,147/Ar El Surfacing 8,117 00/Ac_ $9.424/Ac. ['Service ❑ Res. Equiv. (=halt. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑i?AC ❑ Trail SERVICES STREET LIGHTS [' Water & San. Sever El Installation $295.12/Ac. $404/Ac [' Energy Charg4108.45/Ac. $120/Ac. CONTRACT I OF INTEREST AMOUNT CITY PARCELS TERMS RATE ASSESSED MANGO $331,600 F.R. —0- 90-10 5 10 Yrs. 8.5 S $299.993.84 —0_ COMMENT(L 4L17 MEMO TO: DEANNA KIVI, ASSESSMENT CLERK FROM: GERALD R. WOBSCHALL DATE: JULY 29, 1991 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 598 GALAXIE CLIFF PLAZA SECOND The City Council at the conclusion of the public hearing on August 7, 1990 ordered Project 598. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are: sanitary sewer lateral, water lateral, storm sewer lateral, streets, streetlights and street light energy costs. The feasibility proposed to assess the benefits using an area method. This roll is completed in that method. Construction of the improvements is being accomplished under Contract 90-10. The contract is substantially complete. Overhead at the rate of 37.33% was added to the construction cost to arrive at the assessable _cost and assessment rates determined in this report. The assessment hearing is scheduled for September 16, 1991. The following information was used in the preparation of the assessment roll. I. PROJECT COST CONSTRUCTION 37.33% TOTAL IMPROVEMENT COST OVERHEAD COST Sanitary Sewer Lateral $ 37,230.00 $ 13,899.72 $ 51,129.72 Water Lateral 27,966.00 10,441.03 38,407.03 Storm Sewer Lateral 72,397.40 27,029.37 99,426.77 Street 77,017.60 28,754.31 105,771.91 Streetlights 2.800.00 1.045.37 3.845.37 Subtotal $217,411.00 $ 81,169.80 $298,580.80 Streetlight Energy 1.228.80 184.32 1.413.12 Total S218.639.80 $ 81.354.12 S299.993.92 II. ASSESSMENTS A. Trunk Assessments No trunk assessments were proposed in the feasibility report because those assessments had previously been assessed to these properties. No trunk assessments are proposed in this roll. / CfS7 B. Lateral and Other Improvements 1. Sanitary Sewer Lateral The sanitary sewer improvements consisted of the installation of sanitary sewer structures at a construction cost of $37,230.00. Overhead in the amount of $13,899.72 was added which results in an improvement and assessable cost of $51,129.72. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 51,129.72 12.34 Acres $ 4,143.41/Acre ($51,129.72) (13.03 Acres) ( 3,924.00/Acre) 2. Water Lateral ___ The water improvements consisted of the installation of 6" and 8" diameter watermains at a construction cost of $27,966.00. Overhead in the amount of $10,441.03 was added which results in an improvement and assessable cost of $38,407.03. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determine in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 38,407.03 12.34 Acres $ 3,112.40/Acre ($38,407.03) (13.03 Acres) ( 2,947.08/Acre) 3. Storm Sewer Lateral The storm sewer improvements consisted of the installation of 12" to 30" diameter RCP pipe, catch basins and related manholes at a construction cost of $72,397.40. Overhead in the amount of $27,029.37 was added which results in an improvement and assessable cost of $99,426.77. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 99,426.77 12.34 Acres $ 8,057.27/Acre ($99,426.77) (13.03 Acres) ( 7,630.60/Acre) ( ) denotes basis on which notices were sent. 49 4. Street The street improvements consisted of the installation of 36' wide 9 ton street at a construction cost of $77,017.60. Overhead in the amount of $28,754.31 was added which results in an improvement and assessable cost of $105,771.91. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE. $105,771.91 12.34 Acres $ 8,571.47/Acre ($105,771.91 (13.03 Acres) ( 8,117.57/Acre) 5. Streetlights The streetlight improvements consisted of the installation of 2 streetlights at a construction cost of $2,800.00. Overhead in the amount of $1,045.37 was added which results in an improvement and assessable cost of $3,845.37. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 3,845.37 12.34 Acres $ 311.62/Acre ($3,845.37) (13.03/Acre) ( 295.12/Acre) 6. Streetlight Energy Costs Future streetlight energy costs will be recovered through a 10 year plan. The plan calls for the lots in this area to be assessed whether developed or undeveloped. The energy cost to be assessed was computed in the following manner. 150 Watt Streetlight $8.86 /Mo. x 60 Mos. — $ 531.60 250 Watt Streetlight 11.62 /Mo. x 60 Mos. — 697.20 Total $1,228.80 Overhead @ 15% 184.32 Cost to be Assessed S1.413.12 ( ) denotes basis on which notices were sent. The feasibility report called for this improvement to be 100% assessed to the benefitted properties using an area method. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE AREA ASSESSMENT RATE $ 1,413.12 12.34 Acres $ 114.52/Acre ($1,413.12) (13.03 Acres) ( 108.45/Acre) C. ASSESSMENT TERMS The assessment terms for this project are to be spread for a term of 10 years as was ordered by the Council at the public hearing. The interest rate on the unpaid balance is 8.5% per annum. III. CITY REVENUES (RESPONSIBILITIES) REVENUE IMPROVEMENT ASSESSMENT ( R E S P 0 N S I - IMPROVEMENT COST REVENUE BILITIES) Sanitary Sewer Lateral $ 51,129.72 $ 51,129.67 ( .05) Water Lateral 38,407.03 38,407.01 ( .02) Storm Sewer Lateral 99,426.77 99,426.71 ( .06) Street 105,771.91 105,771.93 .02 Streetlight 3,845.37 3,845.39 .02 Streetlight Energy 1.413.12 1.413.17 .05 Costs TOTAL S299.993.92 S299.993.88 S ( .04) Gerald R. Wobschall Reviewed: Reviewed: Public Works Department Finance Department Dated: Dated: cc: Thomas A. Colbert, Director of Public Works E. J. Van Overbeke, Director of Finance/City Clerk Jim Sheldon, City Attorney Ken Damlo, Assistant Finance Director GRW/j f ( ) denotes basis on which notices were sent. c. A pe �NAy MMA .. P p A N P N OW S P % M O t) W Agra- •- .f t W w 8 M t •► > 0 0 1 •Or v .. N h P •r r IN• v v M p ifiligi • o- N N O Q e-I.* •0 .. I 4' tip ,MD H K M W 1 •O O M re) N J 8 2 3 2 2 n3O•r 1:1 ° R V i P ` 11E3 .- • tY ` N ir3 ig• in it N •f A N aV O N S N CO 0 I• in tie H VN• pp• • 5. spy i - a q ° MMi N •r �<s •• N •1 rf O Z a N •r •rN0 GV > r. •Z N �' r Z r : r r W N p it M CC N M P t_ 2 3 e 0 01IN J u P O O M M y ,,p• !Pi:• •• CO Tri a` SI ° ej N a• .Nf i N �O o tin O Z II - - q ••• i •r r H C. II N N .p pp M .., el P S o r S •a it r: O O P•C. 11 N O M S v r' A sa pp MM`Vf11 ,PyPT $ f[AA�` .4 S i ' % I P II N M M — N 04 y a. II Co G pp., I- .f 1V IX ..1 li S O F :; 12 ;:: t p M t M A Ag, 2 t d UI i ° § W M ' r �p w a _ " 5• z C i 0 . to Mt _ M N1 W to) o 11 H N1 D H N V W y W a O M ; I( 1-1 A A M M A P .� x S S S o o 0 F. . + Pt WI . . C p i = II •ir ° 1N1' .4 . I�t Z sw 0.1 r4 EgAlli N 124 N r u M d S g -. 11E8322 mu ta- M1 �1 A V < a r ° O A M N cp fey MM �0 O Z a O S N P . 'a o • "N .• •- N ' — M N g a 1 AA I 1I Ile _ I - 1111 4mD OM OM MO OM MI la MD 2dddd Odddd � miw � 6wrlow u S till § , 3 S oagg mkt ,:0 ic S 0 0 00 0 i VI /1<''e:■„C_ ■ .,........,..............L--L. ASSESSABLE AREAS - ALL. IMPROVEMENTS ••:•:•:•:-:••••••:•:- ::•:•:.:.:•:!::::•:•: RECOMMENDED AREAS • _ C.S.A.H. 32 (CUFF ROAD) _ 01.01.0TA 1 . ounor a LOT 1 , "airiL":7 Ni ‘ .bl'‘ ...:*:''''''''''''i•.•****. Lail = • ****. .- .entsminciumtembutiam .. ,,,,14, , . • ••.. __.-, r' FMEMONaliii ;7;I...1 •'.-.- ■ KARIS WAY •::* 1 i ..:.:•:•::::: ************ • •• "d ....*:•Pg":\ POND AP-1 4 I joriggS152. 1 . iiil " / .4:::::::::*::::3§:.::::111010:::v A$ml : , .•-- 01.ITLOT , ,1 * , G FRE STA110N 1) sr *** NO. RIDGE *ND 411P • 4$ H city of eager, -_--21 PROJECT 598 standard approved: oats *: f- ,. PUBLIC ASSESSMENT & IMPROVEMENT WORKS LOCATION MAP ( 53 a -1---4v' DEPARTMENT ... . ,....•.•................•••..•.....■....i_ , ••,..:•:::::::::•:::::: ASSESSABLE AREAS — ALL IMPROVEMENTS NOTICED AREAS • . . - • • C.S.A.H. 32 (CUFF ROAD) . \ / 1 . cantor I 01.1710T A Ni •S`D‘ ....i iiiiiiiiiiiiiiiii'''''''' K • • ........ . •-:::::::::::::::::1::::Iiiiiiiii:..!nava:I:Hu= .:::::::111:11151111154iiiiiielliqh...l;:::::::: • .: gli1:11:111111EtAitlif##107 ARM WAY ,,- .,:-. •:iiiiii:. 1:11::11111hE::iiiiM11151;10:',/';" , \ 1 7:::::•#;;X POND PAP-14 II :::4: ::::::...\ .•:•:•:.::::::::::::::::::.*. 4" a00 ::::::.N •::::iiift..."*...":',...4*::::::- ( ...:::::-.V.::::;.::::::::::::•::,::::::::::::::•:::::::...11:::::;;:::::::::::::;;;;;:::::::::,..,:. :::::::::::: •• % .....:::::: , •:::::::::4444::::::::::444:::::::::::.:.::::::::::::::::::::?:•,40...h -,..•••••• . •• ..x.:.•:•:.. , ve.•:•:•:•::•::::::00::::::.:.:.:.:.:.::::::.:, ;:••. x.:::::::::.„ !::.••••••••••....::::.:••:.:.:.::•:•:-• \ * ::::.:•:.)::::::::::.:.:.:::.:.:44,•.- ,..,....... A.%......-. crr, ..::ii.g::;iii;:;:iligiEEEEiiiiiiiii::::. ...*::::•!:::::::117;....................... *4) +S,,t.c ,r:;v:v... -;•-gis---:._ ' PINE STAMM NO. S :••••••:7 / \it \NNS>. RIDGE INND 482_ N Ts - 41 ■ __,__' city of eagan . PROJECT 598 aPPrOVed: ga7aric, PUBLIC • WORKS rwatr'- ASSESSMENT & IMPROVEMEN4 LOCATION MAP 15- Agenda Information Memo September 16, 1991, City Council Meeting VACATION/NICOLS ROAD G. Vacate Public Right-of-Way, Nicols Road--On August 20, 1991, the City received a petition and scheduled a public hearing to discuss the proposed vacation of 10' of Nicols Road, adjacent to the Total Petroleum Gas Station, which presently incorporates an old frontage road that is no longer needed by the City. Enclosed on page/5'(ois a description of this public right-of-way. All notices have been published in the legal newspaper and sent to all potentially affected utility com anies. Staff has received an objection from Peoples Natural Gas, enclosed on page (S7 ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve th vacation for a portion of Nicols Road public right-of-way. L Sal_ DESCRIPTION OF RIGHT-OF-WAY TO BE VACATED ', t• , The east 10.00 feet of the west 75.00 feet of the south 150.00 feet of the north 200. 00 feet of the Northeast Quarter of • " S Section 30, Township 27 North, Range 23 West, e Dakota County, Minnesota. ' 2 R OrZ-Sy GROvE i . � 41 . c Mil .O /2 O , cc p.t \4 T n - Cl) ,J 750 0 0 o 'z ~ `' .TACEvCo, Iwc -- .1 h I29Ac N. - U h 0/1 -$:!- = F- 200 Le 1 1; DIFFLEY ROAD •I so T 1 2 COUNTY STATE No. 3( MO sItfIi /anti_ 1e� •1 t i It •t)�tt �t+ 1 VI 1 i �# Ng k PID 10-16701-191-08 ai.tt - 0 I 1 n Ob Ct an O i•W ISO' U C• small • an ,n _ 1 PROPOSED EASEMENT VACATION 1_ 1030-25"i ! ,a i� a 145.20 MI.M... t.ausut 'J so : 75' Os. MOt M •$$IO I. I92-08 /--4% • : ti 4. i I • 7 t Si• •8 3, h p1 V -66*-404- i4 i / (4° ...---' RECEIVED S E P t 2 1991 dams _. f PEOPLES NATURAL GAS 2665 145th St West 612.423 590C 'r PO Box 455 Rosemount,MN 55068-4927 September 10, 1991 Mr. Bruce Allan City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122-1897 Dear Mr. Allan, Peoples Natural Gas is opposed to- the right-of-way vacation located in the SE corner of Nicols Road and Diffley Road per attached documents . Peoples has an existing 6 inch steel main 40 feet E of center line and a 3 inch steel main 8 feet west of the east property line that would be affected by this vacation. Peoples Natural Gas would be in agreement to a 10 foot utility easement in place of the existing right-of- way provided all parties concerned agree not to build, create , construct , nor allow to be built , created or constructed, any hard surface road, building or other structure, nor alter the grade or permit such alteration on the easement without written consent of Peoples. Please contact me if you have any questions. Sincerely, O Dave Perron Operations/Service Supervisor DP/amh Enclosure Is-n Now Agenda Information Memo September 16, 1991 City Council Meeting PROPOSED REVOCATION/CONDITIONAL USE PERMIT/LEMBKE TRUCKING H. Proposed Revocation, Conditional Use Permit,Werner Lembke/Lembke Trucking, Co. Inc.--Staff was directed to prepare findings with respect to a conditional use permit for Werner Lembke/Lembke Trucking Company and the public was properly noticed in this regard. Enclosed on pagesfil through/(e? you will find a Community Development Department staff report which reviews the history of Mr. Lembke's conditional use permit and its enforcement. The property owner has been notified of the potential actin in this regar and of its scheduling for Monday's meeting. Also enclosed on pages /6/through �3,cis correspondence from the City Attorney's office representing the notice to Werner Lembke relative to this matter together with his affidavit of service by mail and the Order Approving Confirming Settlement Order for Judgement relative to this matter. Finally, enclosed on pages [7(, through 6 d o is a proposed set of findings and resolution from the City Attorney's office in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a revocation of the conditional use permit for a trucking operation for Werner Lembke/Lembke Trucking as presented. 15 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: SEPTEMBER 12, 1991 RE: LEMBKE CONDITIONAL USE PERMIT On September 24, 1986 a judgment was entered in the cast-Werner Lembke. individually and d/b/a Lembke Trucking Co. v. City of Eagan, Dakota County District Court File No. 101099 which resolved a lawsuit instigated by Mr. Lembke against the City in reaction to the City Council's decision not to renew Mr. Lembke's Conditional Use Permit. Pursuant to the court's order, the City of Eagan reinstated Mr. Lembke's Conditional Use Permit that had been approved by the Eagan City Council on September 16, 1980. The court order also required Mr. Lembke to comply with all the terms and conditions set forth by the City Council when they originally granted the Conditional Use Permit and approved the Preliminary Plat. These conditions were listed in Exhibit A which was attached to the court's order. A copy of the court's order including Exhibit A is attached to this memo. The judgment also required Mr. Lembke to provide a $5,000 bond through July 22, 1991 to guarantee compliance with the court's judgment. Since May of 1991, I have inspected the Lembke property three times to determine compliance with the conditions listed in Exhibit A of the September 1986 judgment. My inspections indicated that Mr. Lembke's property is in violation of the following conditions: Condition #2: An asphalt surface shall be provided and employee parking should be provided on the west side of the proposed building. Response: There is no asphalt on the west side of the building. The asphalt that exists on the south side of the building is cracked and broken. Condition #3: The storage area shall contain crushed limestone and dust control measures shall be enforced. Response: There is no crushed limestone and no dust control measures are apparent. 7 Condition #4: There shall be no tractors or trailers stored on the property which do not have current licenses. Response: Several vehicles are arrested or simply lying on the grass without tires and do not have license plates. Condition #5: The proposed facility should be limited to between 10 and 15 trucks and trailers. Response: On May 23, 1991, I observed 23 vehicles on the site; on July 17, 1991, I observed 20 vehicles on the site; and on September 12, 1991, I observed 17 vehicles on the site. Condition #6: No truck or trailer parts or materials or debris shall be stored outside of the building. Response: There is a visually obvious violation with parts, barrels, trash, and tires littered throughout the site. Tires and vehicles are stored for more than 72 hours as I noticed easily identifiable vehicles located in the same position from one visit to the next. Condition #7: Trucks and trailers shall not be parked outside the storage area. Response: Parking is randomly scattered throughout the west, the north, and the east sides of the site. Condition #9: Solid screening shall be provided along Wescott Road and along the east property line of the facility with a plan to be approved by the City staff. Response: Neither the landscaping along Wescott Road nor along the east property line of the facility provides any amount of screening. The trees and shrubs along Wescott Road are in a badly deteriorated condition and do not provide any reasonable type of screening from the road. The condition of the landscaping on the east side of the property is similar. Mr. Lembke has been sent the notice informing him that a public hearing has been scheduled for the City Council meeting on September 16, 1991 and the Council may take action to revoke the Conditional Use Permit. This item has been noticed in the Dakota County Tribune and notices were sent to adjacent properties. Attached is a copy of the 1986 judgment resolving Mr. Lembke's case with the City of Eagan; a copy of the June 7 letter sent to Mr. Lembke informing him of the conditions that his property violated, a copy of the letter sent to Mr. Lembke notifying him of this hearing and the attached Affidavit of Mailing; a copy of the Public Hearing Notice; copies of the 1978 and 1991 City Zoning Maps, as well as a copy of the current requirements for a Conditional Use Permit. If you would like additional information, please contact me. City Planner JS/js Attach. I (0 ( NOTICE OF PUBLIC HEARING PROPOSED REVOCATION 'OF CONDITIONAL USE PERMIT CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN THAT THE City Council of the City of Eagan, Dakota County, Minnesota, will meet at the City Hall, 3830 Pilot Knob Road, Eagan, Minnesota 55121, on Monday, September 16, 1991, at 7 : 00 p.m. , or as scon thereafter as possible. The purpose of the meeting will be to hold a public hearing on the proposed revocation of the Conditional Use Permit issued to Werner Lembke of Lembke Trucking Co. Inc. , and covering the following described property in the City of Eagan, Dakota County, Minnesota: Lembke First Addition, Dakota County, Minnesota, located at 545 Wescott Road, Eagan, Minnesota 55122 . Dated: August 27 , 1991 E. J. VanOverbeke City Clerk City of Eagan Dakota County, Minnesota 1 (a - , CITY OF EAGAN ZONING MAP 1978 mo i > i r / >:__° hid ry • ' ••, • :f ` d+ t s ::s •t iSC0 L S ti ' \ \ y e I t \ \ 0 WF (TT Ica � ♦ t � k GA F N L. rg. , :. ' ',g,:iiii.4: ;K:R.iM.. i.:::::.: ...::;.:.i."'. Vit10*:." .1?I`;','J.:' 7----co rrIli i t .'per 14•:. x Li , . • - 0. j , , o BO fr l„..,,, tip'•? •. s.:. ` 4 � 4 •�v 1 ? i 4, Peore/2 i-1 ZrJniE-D piGetcv%.:v2+-L ZONING LEGEND ' AGRICULTURAL DISTRICT A� PUBLIC FACILITIES DISTRICT ?: U:::;: RESIDENTIAL SINGLE DISTRICT rilt2::::i RESIDENTIAL DOUBLE DISTRICT Firsi RESIDENTIAL TOWNHOUSE DISTRICT :.::i4::1 RESIDENTIAL MULTIPLE DISTRICT gi Ls MOBILE HOME DISTRICT //// LIMITED BUSINESS DISTRICT L._:_,.,1 NEIGHBORHOOD BUSINESS DISTRICT GENERAL BUSINESS DISTRICT %////• ROADSIDE BUSINESS DISTRICT 11111111111111111 COMMUNITY SHOPPING CENTER DISTRICT REGIONAL SHOPPING CENTER DISTRICT LIGHT INDUSTRIAL DISTRICT HEAVY INDUSTRIAL DISTRICT & A,. RESEARCH & DEVELOPMENT PARK DISTRICT K2'] PLANNED DEVELOPMENT DISTRICT -: -.7.1 FLOOD PLAIN DISTRICT 1(03 CITY OF EAGAN ZONING MAP 1991 LI•1 1 •I. ,I PK wFt • Moe r w�_�_� ..,'4'''''t111101111 3401 R-2 ,n•ww• lw1l -- 'r`.� �,`i 3• QI MI I,1.1 1 p.; ? i91 `. . I TRIAGE t .. .-y L.�1' • . _ ILLS :,4 . .,-�'F; IV' •t • ;OLF .asd,t N { -'Y 1 �'' P yw 1 K Trn' , y 0.161.1z.I 1 I? s... •6 ) 1, :a�rt� 360( t _ , i, ti a A' L 3 . , STAIR I s .� Fix-3 D i L R j • — -14:k,‘k ' 1 ; , •I/ fli,,,tr,' . ill‘iftt' • .. 1 I.-i 1 ,j, , ; 44 ! 11 Id �` l i;l, , rr'; r . A } w V41 e to '44,,r o l t, 1 (=HT' re,mcrateit- ,i A d ) gala r.. < `%i'aa '%'s. e �• �.y-" ,LI171., 111• o ` . t`lt-. '` s �`iri I 4.eser v`Tt1 400 IVIEw �„.• ._ <) �°i iw �t'I( i� Sari y //'�' J _ "� I I I t I r,': schoo oi_.v , •.. -— (... '144\ Zoning Map Index PF Public Facilities Limited Business U Light Industrial PK Parks Neighborhood Business RD Research and Development E Estates General Business Shoreland Management R-1 Single Family Roadside Business Planned Development R-2 Double Ceente unity Shopping I A Agricultural R-3 Townhouse Regional Shopping L FP Flood Plain R-4 Multiple i (0,4 AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING) " BY AMENDING SECTION 11.40 SUBDIVISION 4 REGARDING CONDITIONAL USE PERMITS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by changing 11.40, Subd. 4, to read as follows: Subd. 4 . CONDITIONAL USE PERMITS (A) Purpose: Conditional uses include those uses which are not generally suitable within the zoning district, but which may under some circumstances be suitable. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this Subdivision 4 have been met. (B) Application, Public Hearing, Notice and Procedure: The application, public hearing, public notice and procedure requirements for conditional use permits shall be the same as those for amendments as provided in Section 11.40 subd.5, except that the permit shall be issued on the affirmative vote of a majority of the entire Council. Although specific submissions required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits be filed with the Director of Community Development on a form prescribed by the Director of Community Development. (C) Standards: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the City's Comprehensive Plan and Ordinances 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. t(e 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will not have orrinterfe which does n on surrounding public streets. 7 . Will not result in the destructiolosrdamage of a natural, scenic or historic feature of major importance. (D) Conditions: In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (E) Denial for Noncompliance: If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this Section. (F) Permittee: A conditional use permit shall be issued for a particular use and not for a particular person. (G) Periodic Review, Term of Permit: A periodic review of the use may be attached Unless condition of thelterm shallbe conditional use permit.. the life of the use. (H) Revocation: Failure to comply with any condition set forth in a conditional use permit, or any other violation of City Ordinances, shall also constitute sufficient cause for the termination of the conditional use permit by the City Council following a public hearing. 1 • (I) Expiration: In any case , where a conditional use has not been established within one year of the date on which the conditional use permit was granted, the permit shall be null and void. If the conditional use is discontinued for six (6) months, the conditional use permit shall be null and void. This provision shall apply to the conditional use permits issued prior to the effective date of this Section 11.40 subd. 4, but the six (6) month period shall not be deemed to commence until the effective date of this Section 11.40 subd 4. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' " and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. Dated: February 6, 1990 CITY OF •GAN .,-1°11 C14 f - : homas A. gan Its: Mayor ATTEST: By: . J. Vanoverbeke It . City Clerk Date Ordinance Adopted: February 6, 1990 Date Ordinance Published in the Legal Newspaper: February 15, 1990 16;7 SEVERSON,WILCOX& SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON* KENNETH R.HALL JAMES F.SHELDON "'SCOTT D.JOHNSTON J. PATRICK WILCOX' 600 MIDWAY NATIONAL BANK BUILDING LOREN M.SOLFEST MICHAEL G. DOUGHERTY 7300 WEST 147TH STREET CHRISTINE M. SCOTILLO MICHAEL E. MOLENDA•• APPLE VALLEY, MINNESOTA 55124 • ANNETTE M. MARGARIT (612) 432-3136 DANIEL M. SHERIDAN TELEFAX NUMBER 432-3780 SHARON K.HILLS ALSO LICENSED IN IOWA OF COUNSEL: "'ALSO LICENSED IN WISCONSIN JOHN E.VUKELICH ...ALSO LICENSED IN NEBRASKA June 7, 1991 Mr. Werner Lembke 'Lembke Trucking Company, Inc. 545 Wescott Road Eagan, MN 55122 RE: Conditional Use Permit Our File No. 206-9431 Dear Mr. Lembke: Pursuant to the Order Approving and Confirming Settlement and Order for Judgment in Werner Lembke and Lembke Trucking Company v. City of Eagan, Court File No. 101099, judgment entered September 24 , 1986, please consider this the fourteen-day notice of violation of that settlement pursuant to paragraph 3 of the Order for Judgment. A copy of the Order for Settlement is attached. Paragraph 3 of the Order expressly states in pertinent part: "The condition of the guarantee is that if the Plaintiff, shall be in violation of any of the terms of said agreement or permit, and shall fail to correct the same within fourteen days of written notice by the City of Eagan, the Plaintiff shall forfLit the sum. of $100. 00 per day for each day thereafter that the violation continues. Additional -.condition of the obligation is that if a claim of violation is sustained by the court in any proceeding brought to enjoin such violation after fourteen days notice, the City of Eagan shall be reimbursed for reasonable and necessary attorney's fees to the extent of $2,000. 00. " Lembke Trucking Company is in violation of the conditions imposed by the Eagan City Council for the conditional use permit as described in Exhibit A of the attached Order for Judgment: 1 (.0 i? Mr. Werner Lembke June 7, 1991 Page Two 1. The asphalt surface required in condition number 2. is questionable. 2. There is no crushed limestone and no dust control measures are apparent as required by condition number 3. 3 . There appear to be more than 10-15 trucks or trailers on the site in violation of the limitations in condition number 5. -- 4 . Old parts, trash, and tires are stored on the side in violation of condition number 6. • • 5. There is no screening on either the south or east property lines in violation of condition number 9 . 6. The building has not been hooked up to either City water nor sewer service in violation of condition number 12 . Pursuant to the Order for Judgment, we will expect the above-stated conditions of the City to be corrected seventeen days from the date of this letter. (Fourteen days plus three days mailing. ) City staff will need to make an inspection at that time. If the conditions have not been corrected by the time of the inspection, the City will move for a temporary restraining order to stop the on-going operation of Lembke Trucking. If you have any questions or concerns regarding this matter, please do not hesitate to contact either Jim Sturm at the City of Eagan or myself. • Very truly yours, • • SEVERSON, WILCOX & SHELDON, P.A. • Annette M. Margarit • AMM/djk • Enclosure • cc: Mr. Jim Sturm, City Planner Mr. James F. Sheldon, City °Attorney ` Mr. Michael G. Dougherty, City Attorney • i(a41 AFFIDAVIT OF SERVICE BY MAIL STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) Phyllis Kleindl of the City of Apple Valley, County of Dakota, State of Minnesota, being duly sworn, says that on the 7th day of June, 1991, she served the annexed letter on the following person(s) in this action by mailing copies thereof enclosed in an envelope, postage prepaid, and by depositing same in the post office at Apple Valley, Minnesota, directed to the following person(s) at the address (es) shown below. Mr. Werner Lembke Lembke Trucking Company, Inc. 545 Wescott Road Eagan, Minnesota 55122 *e,ede.• Phyll s Kleindl Subscribe ,And sworn tog before me this day of (/44,1-e. , 1991. �G 1�h: Notary Public r LOLA t..VEENKM WARY PUBLIC•~WM My COMmeaiM E1018114/111 • D CASE TYPE: 10 OTHER CIVIL STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Werner Lembke, individually and ) Court File No. 101099 d/b/a Lembke Trucking Company, ) Inc., ) ) Plaintiff, ) ORDER APPROVING AND ) CONFIRMING SETTLEMENT vs. ) AND ORDER FOR JUDGMENT ) City of Eagan, ) ) Defendant. ) The above-entitled matter came on for trial before the undersigned Judge of District Court at the Dakota County Government Center at Hastings, Minnesota on Tuesday, July 22, 1986 at 1:30 p.m. The plaintiff was present and was represented by Gordon C. Moosbrugger, his attorney. The defendant, City of Eagan, was represented by its attorney Kevin W. Eide. The pa=ties, through their respective attorneys, informed the court that they had arrived at a full, final and complete settlement of all matters at issue in these proceedings and requested permission to dictate the terms of the settlement into the record, to be incorporated into the terms of an order confirming the settlement and that judgment shall be entered in conformance therewith. The terms of settlement are as follows: 1. Defendant shall comply with all of the terms and conditions set forth by the City Council for the City of Eagan for the Conditional Use Permit and Plat Approval as set forth on Exhibit "A". 2. Defendant, City of Eagan, will reinstate plaintiff°s Conditional Use Permit fur--the--,erwieing-of-trucks-in-en-?4-seining-diet 4.t.-aa-approved-bar ilkA9J`' YUP tip'Sagan-£i tr-Go a I-on-Sep'teaber-1r6r 4.980. approved by the Eagan City Coun- cil on September 16, 1980, and the Development Contract dated April 19, 1983. 0E OF MINNESOTA, COUNTY OF DAKp14 Coned to be a true and correct copy of„ .,,• t OA tae and «, , in my office this daY of 4J '-- 19 j7 .a RW e:...j,,FS Y IC 3. The $2,000.00 landscape security deposit together with accumulated interest posted by the plaintiff shall be reinstated and the plaintiff will, no later than September 1, 1986, deposit an additional amount in said deposit account to equal the sum of $5,000.00. Said security deposit in the sum of $5,000.00 shall be maintained and pledged for a term of 5 years from the date of the agreement of settlement or until July 22, 1991, as a guarantee of compliance by plaintiff with the terms of the development agreement and the conditional use permit as set forth in Exhibit "A". The condition of the guarantee is that if the plaintiff shall be in violation of any of the terms of said agreement or permit, and shall fail to correct the same within 14 days of written notice by the City of Eagan, the plaintiff shall forfeit the sum of $100.00 per day for each day thereafter that the violation continues. Additional condition of the obligation is that if a claim of violation is sustained by the court in any proceeding brought to enjoin such violation after 14 days notice, the City of Eagan shall be reimbursed for reasonable and necessary attorney°s fees to the extent of $2,000.00. Interest earned shall be paid to plaintiff from time to time as long as the balance in the account is not less than $5,000.00. 4. The storage area as shown on the revised plan approved by the City of Eagan on February 10, 1983, a copy of which is attached to this order, shall be increased by adding an area not to exceed 50 feet to the north and 60 feet east to west immediately adjacent to the north limits of said storage area so as to allow for parking of tractor trailer units away from the building to preserve a fire lane and turn around area for such units around the north end of the building as set forth on Exhibit "B". The said area to be graded and covered with crushed limestone not later than September 1, 1986. The pine trees along the west property line shall not be damaged by this extension of the storage area. 5. All matters at issue between the parties within the scope of the complaint and counter-claim herein are fully settled and comprised with prejudice and the Clerk shall enter a Judgment in the above-entitled matter without futher co t to either party. Dated. us 1.71/1-986. 1...;, / udge of Districtt Cou '," AP ROVED __AS' TO/�FORM: ' `/(/LL(h-0-d DATED: c- ordon C. Moosbrugger Attorney for Plaintiff 734 Minnesota Building St. Paul, Minnesota 55101 (612) 224-3879 Att'y I.D. No. 74937 I/ t) .+., � . DATED: 7/6/4/it„Re n W. Eide Attorney for Defendant _ Water View Office Tower Suite 303 1200 Yankee Doodle Road Eagan, Minnesota 55123 (612) 456-9000 Att'y I.D. No. 111261 This is to certify that the foregoing order approving and confirming settlement constitutes the judgment of this court. Date: September 24 , 1986. BY THE COURT Roger W. Sames Court ministrator Al: t!L 114i6J? ty 11.3 v EXHIBIT "A" CONDITIONS IMPOSED BY CITY COUNCIL 1 . THE PROPOSED STEEL BUILDING SHALL HAVE NO GARAGE DOORS ON THE WESCOTT ROAD SIDE. 2. AN ASPHALT SURFACE SHALL BE PROVIDED AND EMPLOYEE PARKING SHOULD BE PROVIDED ON THE WEST SIDE OF THE PROPOSED BUILDING. 3. THE STORAGE AREA SHALL CONTAIN CRUSHED LIMESTONE AND DUST CONTROL MEASURES SHALL BE ENFORCED. 4. THERE SHALL BE NO TRACTORS OR TRAILERS STORED ON THE PROPERTY WHICH DO NOT HAVE CURRENT LICENSES. 5. THE PROPOSED FACILITY SHOULD BE LIMITED TO BETWEEN TEN (10) AND FIFTEEN (15) TRUCKS AND TRAILERS. 6. NO TRUCK OR TRAILER PARTS OR MATERIALS OR OTHER DEBRIS SHALL BE STORED OUTSIDE OF THE BUILDING. • 7. TRUCKS AND TRAILERS SHALL NOT BE PARKED OUTSIDE OF THE STORAGE AREA. 8. THE HOUSE ON THE PLAT SHOULD BE RESTRICTED TO EITHER AN OFFICE OR HOME FOR THE CARETAKER OF THE FACILITY. 9. SOLID SCREENING SHOULD BE PROVIDED ALONG WESCOTT ROAD AND ON THE EAST PROPERTY LINE OF THE FACILITY WITH THE PLAN TO BE APPROVED BY THE CITY STAFF. 10. A $2,000 LANDSCAPE BOND SHALL BE REQUIRED AND NOT RELEASED UNTIL ONE (1) YEAR AFTER THE LANDSCAPING HAS BEEN COMPLETED. 11. THE PROPOSED FUEL TANK SHALL MEET ALL THE REQUIREMENTS OF THE EAGAN AND STATE FIRE MARSHALLS AND THE MPCA. 12. THE PROPOSED BUILDING SHOULD BE REQUIRED TO BE HOOKED UP TO CITY WATER SERVICE AND THE EXISTING ON-SITE SEWER DISPOSAL SYSTEM FOR THE EXISTING HOUSE MUST BE REVIEWED AND APPROVED BY THE CITY PRIOR TO THE CONSTRUCTION OF ANY NEW SEPTIC SYSTEM. I 4 20,11 ' EXHIBIT "B" a M V • 8 EXISTING GRASS AREA TO '`I... REMAIN AS IS (co ' • • V X y,JU ' . i SPADING LIMITS ♦« i * — — - -- _ - - — — SCALE: es GRAVEL / — CRS NE i 4 ---461-1)811. r If." I! —'i, • a ii t Illaelisti. t. .% 1 1 . .. )------"*■-y. \ i 1 P 2 i W �/ "r /ROrOSED 'I >r . �C Do' i% LDINN i�"f t AM p PROPOSED I ROC K SURFACE , _ p. L j �►t ..a: � i r-b is d1Na °<_ I1 . v o 8I? %'3OY4 S&F , 1A. lid j , ai s.........- SHRUIsER ' ` 1r 66,, ' ,it , a • ARE ty Am 11171140 P/Mr p� EXI iTiNi %OM NI Cote a acc V�K L4'M+c�. stlei ri4a- As Mug i - OrR D - - 0 SEP 13 '91 08:52 735 P02 CITY OF NGAI PZNDINGs OF PACT AND RESOLUTION REVOKING OONDZTIONAL WE PERMIT A public hearing before the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on September 16, 1991, at 7:00 p.m. The following members were present: Egan, Wachter, Gustafson, McCrea and Pawlenty; the following were absent: none. Based upon the information adduced at the meeting and all records, files and documents relevant to the matter herein, the City Council of the City of Eagan makes the following: FINDINGS OF FACT A. On September 16, 1980, the Eagan City Council approved a Conditional Use Permit for Werner Lembke for a trucking terminal and outside storage at 545 Wescott Road, Eagan. B. On September 24, 1986, Judgment was entered in the case, Werner Lembke, individually and d/b/a Lembke Trucking Company, Inc. v. City of Eagan, Dakota County District Court File No. 101099. C. Pursuant to the terms of the September 24, 1986 Judgment, the City of Eagan reinstated Werner Lembke's Conditional Use Permit approved by the Eagan City Council on September 6, 1980. D. The September 16, 1986 Judgment required Werner Lembke to comply with all the following terms and conditions: ("Judgment Conditions") L1 bth' 735 P03 1. The proposed steel building shall have no garage doors on the Wescott Road side. 2. An asphalt surface shall be provided and employee parking should be provided on the west side of the proposed building. 3. The storage area shall contain crushed limestone and dust control measures shall be enforced. 4. There shall be no tractors or trailers stored on the property which do not have current licenses. 5. The proposed facility should be limited to between ten (10) and fifteen (15) trucks and trailers. 6. No truck or trailer parts or -materials or other debris shall be stored outside of the building. 7. Trucks and trailers shall not be parked outside of the storage area. 8. The house on the plat should be restricted to either an office or home for the caretaker of the facility 9. Solid screening should be provided along Wescott Road and on the east property line of the facility with the plan to be approved by the City staff. 10. A $2,000.00 landscape bond shall be required and not released until one (1) year after the landscaping has been completed. 11. The proposed fuel tank shall most all the requirements of the Eagan and State Fire Marshalls and the MPCA. 12. The proposed building should be required to be hooked up to the City water service and the existing on-site sewer disposal system for the existing house must be reviewed and approved by the City prior to the construction of any new septic system. ` i SEP 13 '91 08:53 735 PO4 E. In May, 1991, city staff received a complaint from a neighboring property owner regarding the condition of the Lembke property. F. In May, 1991, City staff inspected the Lembke property and determined that the property was in violation of several Judgment Conditions. G. On June 7, 1991, a letter from the City Attorneys' office was mailed to Werner Lembke reminding him of the terms of the September 24, 1986 Judgment and advising him that the City considered his property to be in violation of Judgment Conditions nos. three, five, six, nine, and twelve. H. In May, 1991, July, 1991, and in September, 1991, there were more than fifteen (15) trucks and trailers located on the site in violation of Judgment Conditions number five which requires there be no more than 15 trucks and trailers on the site. I. In May, 1991, in July, 1991, and in September, 1991, there was a great amount of debris outside the building including numerous tires, barrels, and truck cabs apparently needing parts in violation of Judgment Conditions number six which prohibits the storage of truck or trailer parts or materials or other debris outside the building. J. Trucks and trailers are parked randomly around the site in violation of Judgment Conditions number seven which prohibits parking vehicles outside the storage area. K. The shrubbery along Wescott Road is in poor condition and does not provide a solid screening nor is solid screening provided on the east side of the Lembke property both in violation of Judgment Conditions number nine which requires solid screening along Wescott Road and the east property line. L. Notice of Public Hearing was published and sent to Werner Lembke. M. Werner Lembke at the September 16, 1991 public hearing. SEP 13 '91 09:53 735 P05 NON THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota County, Minnesota hereby revokes the conditional use permit issued to Werner Lembke on September 16, 1980 and reinstated pursuant to the Judgment entered September 24, 1986 in Ltmbke v. City of Eagan, File No. 101099 for the property located at 545 Wescott Road, for the following reasons: 1. The condition of the property does not comply with Judgment Conditions numbers five, six, seven, and nine. 2. The evidence is insufficient to determine whether there are violations of Judgment Conditions numbers three and twelve. Dated: , 1991. CITY OF EAGAN City Council Thomas A. Egan, Mayor ATTEST: E. J. VanOverbeke, Clerk Motion made by: Seconded by: Those in favor: Egan, Wachter, Gustafson, McCrea and Pawlenty. Those against: none. 1 11 SEP 13 '91 08:54 735 P06 PROCEDURE FOR PUBLIC HEARING CONCERNING REVOCATION OF LEMBKE CONDITIONAL USE PERMIT 7:00 p.m. September 16, 1991 Authority for Revocation: Eagan City Code Section 11.40, Subd. 4 (H) provides as follows: H. Revocation. Failure to comply with any condition set forth in a conditional use permit, or any other violation of City Code provisions, shall also constitute sufficient cause for the termination of the conditional use permit by the Council following a public hearing. Nature of Hearing: Quasi-judicial as it concerns a zoning issue Presiding Officer: Mayor Thomas Egan 1. Introduction by Annette Margarit, Assistant City Attorney 2. Presentation regarding the condition of the Lembke property by Jim Sturm, Began City Planner 3. Opening of hearing to the public 4. Discussion by Council co Agenda Information Memo September 16, 1991 City Council Meeting RP.M )LSS AMENDMENT/SIGN ORDINANCE A. Ordinance Amendment, City of Eagan, Amending Chapter 4 of the Eagan City Code Pertaining to "Placement, Erection and Maintenance of Signs"—In 1990, the City Council placed a moratorium on new billboard applications with direction to City staff to review potential modifications of the sign ordinance to limit a proliferation of billboards within the community. At that direction, staff reviewed potential alternatives and with the assistance of the City Attorney's office, developed a revised sign ordinance which would regulate signs on the basis of size and distance criteria rather than use based criteria. The ordinance amendment was referred to the Economic Development Commission and the Chamber of Commerce for further review. The Commission and Chamber formed a joint task force to review the sign ordinance and discussed the implications of it with representatives of the sign industry and business people. This task force made its final report on August 15, 1991 which is outlined in a memorandum enclosed on page1 . Their principal finding with respect to billboards was that current standards for billboards imply that there only remain approximately 6 to 8 locations within the City where billboards could be erected; in any event and in all likelihood, a maximum of 3 to 4 of those sites would ever be utilized. As a consequence, the task force thought that a complete revision of the sign ordinance would not be in order. They recommend instead that the current ordinance be retained with the two changes outlined in the report. This recommendation was forwarded to the Economic Development Commission at its regular meeting of August 24 and the Commission concurred with the findings of the task force. This report is forwarded to the City Council for consideration. Because the task force report varies from the ordinance amendment which had been anticipated at the outset of the moratorium, staff is requesting Council direction in this regard. The options are: 1) the Council can accept the task force recommendation to retain the current ordinance with or without the changes suggested or 2) the Council can direct staff to submit the amended ordinance for Council consideration at a future meeting. ACTION TO BE CONSIDERED ON THIS ITEM: 1) to approve or deny the recommendation of the sign ordinance task force to retain the current sign ordinance with or without the noted changes or 2) to direct staff to submit the amended sign ordinance for Council consideration at a future City Council meeting. 76()/ „ , ,, , _ , ,, , ,,„ ,�. _city of aagan , , 3830 PILOT KNOB ROAD THOMAS EGAH EAGAN, MINNESOTA 55122-1897 Mayor PHONE:(612)454-8100 DAVID K.GUSTAFSON FAX:(612)454-8363 PAMELA MEA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE M E M O R A N D U M City Clerk TO: Sign Ordinance Task Force Members FROM: Dale Runkle, Community Development Director Kimberly Eggers, Project Planner DATE: August 16, 1991 SUBJECT: Sign Ordinance Task Force Recommendations At the August 15, 1991 meeting of the Sign Ordinance Task Force, a decision was reached by the Task Force members to retain the existing Sign Ordinance, rather than adopt the proposed ordinance. The members, however, did suggest two changes to the existing ordinance: 1. The existing ordinance states that a pylon sign cannot be located within 300 feet of another pylon sign. The members of the Task Force would like this part of the current ordinance revised to allow one pylon sign per lot, regardless of the location of other signs. 2 . Signs over seven feet tall currently require a conditional use permit. The Task Force members suggested that such signs be permitted uses, provided that they meet all other requirements outlined by the ordinance. The Sign Ordinance Task Force will submit these recommendations to the Economic Development Commission for their review. /f? THE LONE OAK TREE...THE SYMBOL OF STifENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Agenda Information Memo September 16, 1991 City Council Meeting :_NgIW Businss. LIQUOR LICENSE/LAFONDAS A. License, Liquor for New Owners of LaFondas, 3665 Sibley Memorial Highway--An application has been received of Cuz, Inc., for an on-sale liquor license for LaFonda Restaurant at the above referenced location. A copy of - . .plication is enclosed without page number for your review. Also enclosed on pages : through /flare a series of conditions identified by the City Attorney's office and 'olice Depart en{{ relative to this item which relate to the reopening of a previously licensed facility which has been closed for some time. It is the recommendation of staff that these conditions be the basis for the Council action in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an on-sale liquor license for Cuz, Inc., for the LaFonda Restaurant at 3665 Sibley Memorial Highway pursuant to the conditions identified as presented. 1 ._3 September 12, 1991 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: ON SALE LIQUOR LICENSE LAFONDAS 3665 Sibley Memorial Hwy. CUZ, Inc. has applied for an on-sale liquor license for the LaFonda Restaurant at 3665 Sibley Memorial Hwy. The applicant, CUZ President, Otis Trujillo, currently lives in Colorado but he was associated with the original ownership of LaFondas. Cheri Ringsby, Eagan resident, will be the restaurant manager. Because most of the principles live in Colorado and because there are delinquent taxes on the property, the City had a complicated application to process. Extensive financial information was provided which was reviewed by the City Attorney's office. Mr. Trujillo provided all of the material as requested by the Police, City Attorney and City Clerk. They find no reason to deny the application but did identify conditions which should be resolved before a license is approved. City Attorney Sheldon will send a letter outlining recommended conditions of approval. Zvi E police departme" ;i PATRICK J GEAGAN j f Cn:e!o,Po:ae IiI i` 11Vit city OF cagan KENNETH DASZMANN 3830 Pilot Knob Road THOMAS EGAN Eagan, Minnesota 55122 Mayo' Phone (6121454-3900 DAVIDK GUSTAF$ON FAX (612)454-0718 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES C lv Aam:ns:ra:o DATE: September 12, 1991 EUGENE VAN OVERBEKE Cnv Cie, TO: CHIEF PATRICK GEAGAN FROM: LIEUTENANT JERRY MESZAROS RE: LIQUOR INVESTIGATION - ON SALE LIQUOR LICENSE FOR CUZ, INC. , D.H.A. LAFONDA DE LOS LOBOS I. INTRODUCTION The following is a police investigation/background investigation of Octaviano Trujillo, Ronald Passarelli, and Cheri Ringsby, each being an officer for Cuz, Inc. , D.B.A. LaFonda De Los Lobos. II. LICENSE TYPE CUZ, Inc. , has applied for an on sale liquor and Sunday sales liquor license. III. BUSINESS NAME CUZ, Inc. , D.B.A. LaFonda De Los Lobos at 3665 Sibley Memorial Highway, Eagan, Minnesota. IV. LICENSE APPLICANT CUZ, Inc. , is owned by Octaviano Trujillo, President/Treasurer, Ronald Passarelli is Vice President, Cheri Ringsby is Secretary. This corporation is certified in the State of Minnesota, Charter #7B-106; Minnesota Tax ID numbers have been applied for; and Federal Tax ID #41-1698862. Mr. Trujillo lives in Arvada, Colorado, and owns Lobo's Restaurant in Thornton, Colorado, and Michael 's Sports Machine Bar and Grill in Westminster, Colorado. All personal checks came back clear on Mr. Trujillo. THE LONE OAK TREE. . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/A it ' e Action Employer Chief Patrick Geagan September 12 , 1991 Page 2 Mr. Passarelli lives in Lakewood, Colorado, and owns Hi-Rise, Inc. , a restaurant and lounge in Denver, Colorado. All personal checks came back clear on Mr. Passarelli. Cheri Ringsby lives in Eagan, Minnesota, and is the beverage manager for the Richfield Ground Round. All personal checks came back clear on Cheri Ringsby. However, Ms. Ringsby was cited in March 1990 for serving liquor to a minor. She paid a $50.00 fine and put on probation for one year. Ms. Ringsby stated that she has been serving alcoholic beverages for approximately 16 years and this was her first offense. V. FINANCIAL CUZ , Inc. , is buying the present LaFonda's from George Pappas for $480, 000. 00. There will be a $100, 000. 00 down payment and the balance will be a mortgage. Mr. Trujillo will own 45 percent of the corporation and will invest $45, 000. 00 from his personal savings. Mr. Passarelli will own 45 percent of the corporation and will invest $45, 000. 00 from personal savings. Cheri Ringsby will own 10 percent of the corporation and will invest $10, 000. 00 from personal saving, which includes a gift from her father of $9, 300. 00. Cheri Ringsby will also be the General Manager. There is also a clause in the purchase agreement which addresses past due real estate taxes. There are also Minnesota unemployment and sales taxes as well as Internal Revenue Service withholding taxes due. VI. REFERENCES All of the references for all three applicants gave written letters of recommendation. The applicants were all described as honest, hardworking, up front, knowledgeable business people. The kind of people who would run a very good restaurant. Chief Patrick Geagan September 12 , 1991 Page 3 VII. CONCLUSION Based on the information available to me through my investigation of the officers of CUZ, Inc. , Octaviano Trujillo, Ron Passarelli and Cheri Ringsby, I find no reason to deny the issuance of an on sale liquor license with three conditions: 1. Proof of acquisition of the LaFonda property. 2 . Proof of all past due taxes being paid or a satisfactory resolution in writing. 3 . Mr. Trujillo to provide missing tax returns by February 28th, 1992 . rry�Mesza, os Lieutenant ( 21 Agenda Information Memo September 16, 1991 City Council Meeting GRADING PERMIT/WEST PUBLISHING B. Grading Permit,West Publishing, 3753 Highway 149--City staff has been meeting with representatives of the YMCA, West Publishing Company and Opus Corporation regarding the issuance of a grading permit for the proposed YMCA site. According to Chapter 4 of the City Code, City Council approval is required for any grading permit issuance for grading not associated with the development proposal, i.e., building permit or preliminary platting process. The City Code also identifies a conditional use permit requirement for commercial or industrial zoned property which involves more than 100,000 cubic yards of excavated material. Both the YMCA and West Publishing would like a conditional approval at the September 16 meeting due to the time of year and the fact that heavy equipment is on site and can begin the excavation work as soon as the City Council authorizes a permit subject to the detailed review by City staff. Until the application is reviewed by staff, the 100,000 cubic yard threshold is uncertain. It is appropriate to consider the grading permit application for the YMCA and authorize the same, subject to staff approval. If the application reveals that the excavation will exceed the 100,000 cubic yards of material, the City will process a conditional use permit hearing for the next City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a grading permit for the YMCA site considered Outlot C and part of Outlot B of West Publishing 4th Addition subject to a final analysis and detailed approval by City staff and further, if the grading permit application reveals a total excavation material in excess of 100,000 cubic yards, a conditional use permit process will be required for the grading permit issuance. i(f Agenda Information Memo September 16, 1991 City Council Meeting CEDARVALE AREA RETAIL STUDY C. Authorization to Retain Consultant, Cedarvale Area Retail Study--In its authorization of Community Development Block Grant Funds, the City Council authorized staff to set aside $10,000 for the hiring of a consultant to assess retail and other redevelopment uses of the Cedarvale area. Since early in the year, staff has been meeting with Cedarvale area business people including a recent discussion of potential transportation improvements at the intersection of Highway 13 and Silver Bell Road. Information relative to this transportation review and discussion is enclosed on pages ( 7O through r2).(for your review. It was the consensus of the business people at the Cedarvale working group meeting that the perspective afforded by an outside consultant is the next logical step. Staff will work with Mark Ulfers of the Dakota County HRA who has experience in retail redevelopment projects in developing a scope of work and identifying a consultant for Council consideration in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the authorization to retain a consultant to undertake a retail redevelopment study of the Cedarvale area. 1 C 9 M E M O R A N D U M TO: Dale Runkle, Community Development Director FROM: Kim Eggers, Project Planner DATE: September 10, 1991 SUBJECT: Cedarvale Committee Meeting A meeting was held on September 5, 1991 at Firstar Bank of Eagan to discuss the developments in the Cedarvale Mall Area Study. Present were City representatives, SEH - representatives, and concerned business people (See Attachment 1) . After a brief introduction, background and statistical information on the Cedarvale Area was presented that showed the following (See Attachment 2) : • Study Area boundaries • Property acreage by zoning district • Building square footage by zoning district • Vacancy rate by zoning district • Building identification and square footage Next, the representatives from SEH presented the transportation study that outlined various access options for the Cedarvale Mall area. Originally the business people in the area had questioned the possibility of providing direct access from Highway 13 on Rahn Road. SEH demonstrated in their report that this option is not practical from either a physical or economic standpoint, due to the proximity of Rahn Road to the Cedar Avenue exit and entry ramps. Also, it was felt that the Department of Transportation would not approve this concept. SEH did, however, offer three options, which were outlined in their transportation report. Two of these options (Figures 3 and 4 of the report) were supported by the area business people. It was suggested that the designs of Figures 3 and 4 be consolidated in such a way as to combine the best points from both figures into one plan. The committee felt that such a plan would increase traffic in the Cedarvale area, by providing a more direct access for customers. SEH has continued to work with these options, and their recommendations are described in Attachment 3, and demonstrated in Figures 2 and 3 of the same Attachment. Also discussed was the potential marketability of the Study Area, as well as future impacts on the Cedarvale area due to the opening of the Mall of America. Signage options, both on and off site, were also discussed. The Committee indicated that a feasibility/market study would be appropriate at this time, to determine a direction for the area. s(;° The Committee directed the City to send an informational memo to it's members informing them of the aforementioned developments. If concerns regarding the suggested options are raised, another meeting will be held. • V°‘ ATTACHMENT 1 IN ATTENDANCE: Hugh Fitzgerald Lisa Wendt Dakota County State Bank Cedarvale Mall Bryan Boldt Tom Butler Firstar Bank McDonald's Cindy Gray Glen Van Warmer SEH SEH Dale Runkle Jon Hohenstein City of Eagan City of Eagan Kim Eggers City of Eagan ATTACHMENT 2 ib I II '7 /P./ irarli\gl -'':: . . #r ...4 e ... , / , � ON.. AS:: ■ :vt.8. ....:.: ::4:•::::•:.•.:;;:;.!......:•.:.•••.::...:i.,;,...::•:44. .ii•:i.•i:::.. 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Ilk ._ I .!!!! ill...I.IIIIBBIE CEDAR VALE MARKET STUDY AREA .. ■ CEDARVALE AREA MARKET STUDY PROPERTY ACREAGE BY ZONING DISTRICT: CSC (Community Shopping Center) 59.0 acres NB (Neighborhood Business) 6.5 acres GB (General Business) 6.9 acres LI (Light Industrial) 41. 1 acres TOTAL 113.5 acres BUILDING SQUARE FOOTAGE BY ZONING DISTRICT: Occupied Vacant CSC 319,493 sq. ft. 48,511 sq. ft. NB 40, 000 sq.ft. NA GB 35, 588 sq.ft. 2,200 sq. ft. LI 124 . 000 sq. ft. NA TOTAL 519,081 sq.ft. 50,711 sq.ft. CSC Vacancy Rats = 15.18% GB Vacancy Rats = 6.18% (C\4 t Are‘11r 117'y �� SrLLAS • BE\\__# L " LL CENT - *— I 33 34 i - GAN ME , lipPP A,111 :111 i , — .1! _po 14% DoE ws �2' 22 ■ V` woODHAVEN Il ( ©4:to`" PARK litiq mss t<;► - /10* +4° 1 Ow ILO'', w Iss liv • .. ilb 41.2.10"-e:,--.. :5, tist-,1;k ica.ws:t 0- '%2 I.�A ' i/ tUl�� ii eippe:' • �,,�ran V� mil • �%//-i�l ,r :: I•4 %VA 0: lap ► ii. . • - , •a. .. .. • .. 4** - 'OA III In itt 11 -- pit R 1� v.",�i • ie „ 1 i .. .. a. .. .. .d �1g■ 1 ll • ei tirirTiriMill 11 CEDARVALE AREA • BUSINESS STUDY I MAP NUMBER SUSINESS NAME SQUARE FOOTAGE PID NUMBER 1 TESSERACT 21,000 10-48500-010-01 2 SILVER BELL PLAZA 103,000 10-01800-012-75 3 U-HAUL 1,549 10-01900-010-03 4 SUPERIOR COLLISION 12,255 10-13700-010-01 5 SHERWIN WILLIAMS 4,500 10-13700-020-01 6 MOTEC TRANSMISSION 2,640 10-13700-040-01 7 MEDITERRANEAN CRUISE 3,000 10-13700-050-01 8 VACANT 2,200 10-13700-060-01 9 CROWN AUTO 7,080 10-13700-070-01 10 NOUSE OF WING 1,904 10-01900-100-08 11 SINCLAIR 1,247 10-01900-010-08 12 ACE HARDWARE 5,000 10-01900-020-08 13 VACANT 3,042 10-01900-030-08 14 VACANT 1,945 10-01900-040-08 15 SARA'S SELF SERVE LAUNDRY 1,520 10-01900-050-08 16 VALLEY BIKE AND SKI 4,000 10-01900-080-08 17 GOODYEAR 6,494 10-01900-070-08 18 COLONIAL PRIDE CAR WASH 2,562 10-01900-090-08 19 KINDER KOLLEGE 3,328 10-01900-020-07 20 AVVR 9,130 10-01900-080-06 21 SICK KID KARE/VACCUMS 5,500 10-01900-011-07 22 CEDARVALE MALL 131,000 10-01900-051-06 Occupied - 91,700 Vacant - 39,300 23 FIRST STAR BANK 13,811 10-01900-010-06 24 CEDARVALE OFFICE PARK 14,700 See Attached Occupied - 13,500 Vacant - 1,200 25 NORWEST BANK 9,720 10-16901-040-01 26 PERKINS 4,238 10-16901-030-01 27 VACANT 3,024 10-16901-020-01 28 SURPLUS WAREHOUSE 23,850 10-01900-050-04 29 NULLS/MEADOWBROOK/ARIENS 9,554 10-01900-020-04 30 EXPRESS DONUTS 1,421 10-01900-010-04 31 TWIN CITY POULTRY 15,679 10-01900-030-04 32 CEDARVALE LANES 28,030 10-16901-010-01 33 MCDONALDS 4,564 10-01700-020-54 34 SILVER BELL CENTER 40,000 10-68100-010-01 35 MEI 3,600 10-13520-020-01 36 COPIERS FAX 4,800 10-13520-010-01 37 INSTANT TESTING CO. 1,980 10-01900-020-12 38 EAGAN PET CLINIC 3,218 10-01900-030-12 39 GLEASONS GYMNASTIC 1,068 10-01900-011-01 40 AREA RUG/D.P.PHOTO/UMBER 24,439 10-01900-012-11 41 CEDARVALE HIGHLANDS 25,000 10-01900-010-10 Broadway Pizza Lai Xang State Farm Insurance Excel 1-Moor Nartinizing Dry Clearers Realty Designs . Lone Oak Nailing Emerald Services Roasted, Theisen 6 Kennedy Law Gdsrvale Chiropractic Phones Plus Digital Data Lakeland Dental Motor Vehicle Liscanse Dowd Bonestroo Dyan's World of Dance 42 BIG TOP 3,200 10-01900-020-10 • TOTAL SQUARE FOOTAGE a 569,792 V2\(...1 CEDARVALE OFFICE PARR PID NUMBER BUSINESS 10-16850-031-01 Medical Building 10-16850-040-01 Vacant 10-16850-050-01 Vacant 10-16850-081-01 Ellingson and Associates 10-16850-090-01 Dakota County Board of Realtors 10-16850-122-01 Parranto Realty/Dentist 10-16850-123-01 Trans International Group .67C1 ATTACHMENT 3 ACCESS ALTERNATIVES CEDARVALE SHOPPING CENTER AREA CITY OF EAGAN SEPTEMBER 10, 1991 SEH FILE NO. 91291 INTRODUCTION At the request of the City of Eagan Community Development Department, SEH reviewed the existing access situation at Cedarvale Shopping Center and the other retail areas bounded by Cedar Avenue, Nicols Road, Beau De Rue Drive, and Silver Bell Road. The main purpose of the analysis was to determine the feasibility of access to Trunk Highway 13 (T.H. 13) and to identify potential improvements to the current access route at Silver Bell Road and Cedarvale Boulevard. There are several means of access to the shopping center at this time. However, only one of these accesses serves traffic on the adjacent major arterials of Cedar Avenue and Trunk Highway 13 (T.H. 13 ) . This access is located at the intersection of T.H. 13/Silver Bell Road. Due to the close proximity of the Cedar Avenue/T.H. 13 interchange and the design requirements associated with it, this access is remote from the central portions of the Cedarvale development. Furthermore, it is designed in such a manner that drivers experience difficulties with both entering and exiting at the Silver Bell Road/Cedarvale Boulevard intersection. Two separate means of improving this situation were explored: 1 ) providing a new, direct access from T.H. 13 to Cedarvale Boulevard, with special consideration in the vicinity of Rahn Road, and 2) improving the design of the existing access at the intersections of T.H. 13/Silver Bell Road and Silver Bell Road/Cedarvale Boulevard. - 1 421 \61 DIRECT ACCESS FROM T.H. 13 Direct access to T.H. 13 by .way of an intersection with Rahn Road was analyzed to determine the feasibility of this alternative. In doing so, it is necessary to recognize that the Minnesota Department of Transportation (Mn/DOT) has jurisdiction over T.H. 13. Mn/DOT has access control to the roadway, and limits intersections along the T.H. 13 corridor in order to maintain or improve the existing traffic flow. Any new access points must be designed as closely as possible to Mn/DOT standards. The close proximity of the T.H. 13/Cedar Avenue interchange makes it difficult to design an intersection at Rahn Road while meeting Mn/DOT standards between Rahn Road and the off-ramp from northbound Cedar Avenue to eastbound T.H. 13. The roadway is currently designed to ensure adequate weaving distance to safely accommodate the weaves of the eastbound through-traffic on T.H. 13 and the traffic entering eastbound T.H. 13 from Cedar Avenue. Specifically, the traffic on eastbound T.H. 13 which is merging to the right to turn right at Silver Bell Road conflicts with the traffic entering from Cedar Avenue which is merging left into the through lanes on T.H. 13 or into the left turn lane at Silver Bell Road. Placing a full signalized intersection at Rahn Road/T.H. 13 would be very undesirable, and would stand very little chance of approval from Mn/DOT. The concern over weaving distance, as described above, would be greater, due to the reduced distance between the interchange and the first intersection to the east. Traffic on T.H. 13 would often be required to come to a stop at the traffic signal at Rahn Road, which is a concern, since the off-ramp from Cedar Avenue is designed for approximately 50 mph speeds, and the combination of weaving maneuvers with the slowing/stopping of traffic is likely to result in rear-end accidents at a signalized intersection in this location. - 2 - ' c)\ \ In lieu of a full signalized intersection, a right-in/right-out only intersection of Rahn Road/T.H. 13 was reviewed in greater detail, as it was believed to have greater feasibility. To determine whether or not this was indeed the case, a conceptual drawing was prepared to determine what would need to be done to meet Mn/DOT standards. In order to meet minimum design requirements for the weaving distance, it would be necessary to 1 ) realign the on-ramp to eastbound T.H. 13 from northbound Cedar Avenue in such a way it intersects with T.H.Y 13 approximately 200 feet farther to the west, and 2) curve Rahn Road approximately 450 feet east of its current alignment. The right-in/right-out intersection would then be located only 600 feet west of Silver Bell Road, and may create some concern over the weaving of the traffic exiting Rahn Road to T.H. 13 with the traffic moving into the right turn lane at Silver Bell Road (see Figure 1 ) . In addition, the volume of U-turns from eastbound to westbound T.H. 13 at Silver Bell Road would increase as a result of the right-in/right out at Rahn Road. Furthermore, Mn/DOT would certainly question the cost/benefit relationship of realigning the off-ramp from Cedar Avenue and modifying the right lane along T.H. 13, since the Rahn Road intersection is not a major improvement over the Silver Bell Road location from the perspective of convenience. Given the problems discussed above, the feasibility of making a significant access improvement by placing a new intersection along T.H. 13 is very limited. OPERATIONAL IMPROVEMENTS AT SILVER BELL ROAD/CEDARVALE BOULEVARD Cedarvale Boulevard now intersects with Silver Bell Road approximately 120 feet southeast of T.H. 13. This creates two main operational difficulties for drivers: 1 ) Drivers making a left turn from westbound T.N. 13 must merge to the right on Silver Bell Road in less than 120 - 3 - a--t•6 feet to turn right at Cedarvale Boulevard. This is an extremely short distance in which to merge after completing a left turn. 2 ) Silver Bell Road carries a significant volume of traffic past Cedarvale Boulevard (13,000 vehicles per day) , enroute to neighborhoods along Silver Bell Road, Rahn Road, Beau De Rue Drive and Nicols Road. This creates difficulty for drivers exiting the Cedarvale Shopping Center area by making a left turn from Cedarvale Boulevard to Silver Bell Road. Several conceptual alternatives were developed to improve the operations of the intersection. All concepts involved increasing the distance between T.H. 13 and Cedarvale Boulevard. This would improve both of the problems described above. Drivers turning left from Cedarvale Boulevard to Silver Bell Road would still experience some delay during peak hours, but the traffic situation would be much less confusing because the longer approach between T.H. 13 and Cedarvale Boulevard would make it more obvious as to which drivers are turning right and which drivers are continuing through the intersection without turning. In addition, elimination of the Beau De Rue/Silver Bell Road intersection would eliminate another point of vehicular movement along Silver Bell Road allowing drivers to focus more of their attention on the traffic approaching from T.H. 13. Reconfiguration of the intersection will also make it more feasible to introduce four-way stop control if needed. Several members of the Cedarvale Committee met with City staff and SEH on September 5, 1991 to go over the various alternatives. Figure 2 shows the preferred alternative for the reconfiguration of the Cedarvale Boulevard/Silver Bell Road intersection in a more detailed sketch than that reviewed at the meeting. Figure 3 shows how the reconfigured intersection fits into the surrounding area. As shown, a free right turn lane would be provided from - 4 (- p9-© \ Silver Bell Road to Cedarvale Boulevard to facilitate entrance to the site. This design increases the distance between T.H. 13 and the outbound left turn lane from Cedarvale Boulevard. Originally, this concept introduced the free right turn lane closer to T.H. 13, and did not provide a westbound through lane from Silver Bell Road to Cedarvale Boulevard. In laying out the concept in more detail, the through lane was added to facilitate access to residents along Silver Bell Road. As a result, the free right turn lane was made somewhat smaller with a tighter radius in order to allow the vehicles making a right turn to merge into the through traffic east of the driveways along Cedarvale Boulevard. The volume of through traffic from the east on Silver Bell Road will be significantly lower than the volume of right turns from the west. Therefore, most of the traffic entering the site from T.H. 13 will still have a smooth, free flowing right turn movement via the exclusive right turn lane. Instead of being a continuous curved street as it is presently, Silver Bell Road would be reconfigured into a "corner" or right angle intersection. Beau De Rue Drive would be perceived as the through street. Nearly 300 feet would be provided between T.H. 13 and the outbound or westbound lane on Cedarvale Boulevard. OTHER TYPES OF IMPROVEMENTS A landscaped area could be provided at the intersection of Cedarvale Boulevard and Silver Bell Road. This area could be used for an attractive entry sign informing drivers of the Cedarvale Shopping Center and other businesses located in the vicinity since they are relatively difficult to see from the highway at this time. Other potential means of improving access to and from Cedarvale include the elimination of duplicate (parallel ) roadways, such as Cedarview Drive which parallels Cedarvale Boulevard, and the access road near the intersection of Beau De Rue Drive and Nicola Tc Road. These separate access roadways make the businesses along them seem unnecessarily remote from the local collector streets. A future alternative might be to eliminate Cedarview Drive, place Cedarvale Boulevard farther to the northwest and enhance the area on the north side of the mall by the addition of a courtyard or other out buildings which work with the existing mall to form a courtyard or pedestrian area between the buildings. Parking areas could be expanded upon in preparation for this as existing out buildings become available. Both access and visibility to the mall could also be improved by modifying the parking area and landscaping along Cedarvale Boulevard. A row of parking is provided along this side of the site, and is separated from the main parking area by a row of landscaping. At the easterly mall access, the landscaped area forces traffic to enter the parking area in a circuitous manner. In general, this arrangement causes the mall to seem somewhat remote, and serves as a visual barrier to the main parking area. CONCLUSION In summary, providing additional access to the Cedarvale area from T.H. 13 has many undesirable features. Placement of a full intersection along T.H. 13 at the extension of Rahn Road would be very undesirable due to the close spacing of the intersection with the existing interchange of Cedar Avenue and T.N. 13. Although right-in/right-out access from T.H. 13 to Rahn Road appeared more feasible initially, closer examination showed that the design of this intersection would also pose several problems which would require the relocation of both the northbound off- ramp from Cedar Avenue to eastbound T.H. 13 as well as Rahn Road north of Beau De Rue Drive. Even with these modifications to increase the distance between the interchange and the right- in/right-out at Rahn Road, the distance which could be provided would still be the very minimum needed to meet Mn/DOT standards. - 6 - ao3 Other factors such as the lack of transition between the acceleration lane from the northbound Cedar Avenue off-ramp and the deceleration at Rahn Road, the close proximity of the Rahn Road intersection to the Silver Bell Road intersection, and the increased likelihood of U-turns from eastbound T.H. 13 to westbound T.H. 13 at Silver Bell Road will certainly reduce the attractiveness of this alternative to Mn/DOT. Given that this alternative does not provide a satisfactory solution to the access concern, it is suggested that the focus of effort be shifted to realignment of Cedarvale Boulevard and Silver Bell Road to improve the operations and capacity at this intersection. - 7 // �\ i , g \. \ 2 m m 1 'I '; . i ; > i x -� m ' a■ /1 E Fqv frill A&F Illpik I \ i t ;,� GO c D 0 1 ' c 1 # o ' E ; g / lt f E 1 ii i 1k4 , A VI i A e -• i , ,, 1,, m m x D i -4 1 • D Z .4,4,m • ,,,f,_ Z E oa M Z, � cl rii N m 1 CI 21> s s N -‹ ,yG 0(12,..g , , F , S ►1 IF O E m -.0-6411) r i i Ikk i T ....„... _ ,.. H , „Ro(0 Agenda Information Memo September 16, 1991 City Council Meeting BOULEVARD MAINTENANCE/CEDARVALE RETAIL AREA D. Consider Expanded Boulevard Maintenance, Cedarvale Retail Area--In the course of the Cedarvale meetings, a request was received that the City consider expanded maintenance of the boulevards and ditch areas within the City right-of-way in the Cedarvale area. As the Council will recall, the Cedarvale boulevard project was down scaled to exclude curb and gutter and boulevards in favor of maintenance of the existing road standard at the time of that improvement. Because of the resulting design of the street and the size of the ditches and right-of-way, it has been the City's policy to maintain this street to a road side standard as MnDOT would do for a similar road section. This involves mowing approximately once per year for the control of weeds and permitting those areas to grow in a prairie like fashion the remainder of the year. The Public Works Department has indicated the policy can be changed at the direction of the City Council with the understanding that resources would need to be reallocated from some other source and that the size of the right-of-way will continue to require the use of larger road side equipment which will not maintain the grass to the same standard that boulevards throughout the City currently are. Because a variety of issues including the specific reallocation of resources or whether the area needs to be designated as a special service area for expanded service, staff can be directed to further develop this concept before final approval by the Council. If, however, the Council wishes to expedite this request, it may direct staff to make the necessary adjustments to provide this expanded level of service. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To direct staff to reallocate maintenance resources to expand boulevard maintenance in the Cedarvale area or 2) to direct staff to further develop the concept of expanded boulevard maintenance for future Council consideration. oR Agenda Information Memo September 16, 1991 City Council Meeting SPECIAL PERMIT/CHRISTMAS TREE SALES/THOMAS LAKE CENTER E. Special Permit, James Bartizal for Temporary Christmas Tree Sales on an Outlot at Thomas Lake Center Located in the Southwest Quarter of Section 28--An application has been received of James Bartizal for a special use permit for the above referenced activity. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on page , O 7for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special permit for James Bartizal for temporary Christmas tree sales at Thomas Lake Center as presented. C:9`O SUBJECT: SPECIAL USE PERMIT APPLICANT: JAMES BARTIZAL LOCATION: LOT 3, BLOCK 1, THOMAS LAKE CENTER SW SECTION 28 EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: SEPTEMBER 16, 1991 DATE OF REPORT: SEPTEMBER 11, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow temporary Christmas tree sales at the Thomas Lake Center shopping mall. The applicant plans to begin set up around the 21st of November with sales beginning just after Thanksgiving. The sales operation tear down and clean up will be completed by January 5, 1992. The applicant expects to have approximately 600 trees in stock with the average selling price of $25.00. The applicant has been granted a Special Use Permit for temporary tree sales at this site for the past four years. If approved, this Special Use Permit shall be subject to the following: 1. The permit is temporary and shall expire after December 25, 1991. 2. The permit shall be subject to all applicable Code requirements.i ;e� � ♦ i ,t -,4_. (� 1 c. \ fl-- SW ..,, r V.— I :.i• )., f.^' �y ` tk•c+i,a3t. �.,, yki \ .�• Imo^. i c .".-ir.f , -LY ell 1 •41■1 I.1.1, I '0,- 0,i(L iA _____" :i;w Tp .'r V /r. 'r i:'-_•11,.... of 1j).+ ' X1:1!‘'''t,. rco i 11.AIQt.a i ��.Nr11r- tlai�� F� i h../ �' i • •1 M/GM1S _* _,l)l c 4 tf All)W -4.J , 41, 14 ! i, I ii 1 4' It k; I' ;a 1'' a°1 Agenda Information Memo September 16, 1991 City Council Meeting REAR YARD SETBACK VARIANCE/STEVE BRUMMER F. Variance, Steve A. Brummer, 1254 Dunberry Lane,a Variance of 10' to the Required 15' Rear Yard Setback for an Accessory Building--An application has been received of Steve Brummer at the above referenced address for a variance to the rear yard setback as noted. For additional information with respect to this application, please refer to the CC m 'ty Development Department staff report which is enclosed on pages through NI ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Steve A. Brummer of 1254 Dunberry Lane for a variance of 10' to the required 15' rear yard setback as presented. ago SUBJECT: VARIANCE APPLICANT: STEVEN A. BRUMMER LOCATION: 1254 DUNBERRY LANE (10-17104-030-01)) EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: SEPTEMBER 16, 1991 DATE OF REPORT: SEPTEMBER 11, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 10' Variance to the rear yard setback. COMMENTS: The applicant is proposing to construct a 22' x 28' square foot accessory building replacing his existing building currently at 5' from the property line. It is the applicant's desire to place the accessory building 5' from the rear property line. Several reasons for the Variance request were given: 1) Locating the accessory building 5'from the rear property line will not disturb the natural drainage running across this site from the adjacent two lots to the south. Placing the building at the 15'setback will locate the building on top of this flow area. The applicant has submitted a letter and an estimate from James Pietig Construction Company which suggests that recontouring the yard would be expensive ($2,600) and would remove some of the soft contours of the yard, replacing them with more exaggerated berming. He recommends moving the proposed building out of the water flow area. 2) Mr. Brummer is concerned with positioning of the building with regards to a mature oak tree whose root system he does not want to disturb. This was the only tree on his lot when he purchased it. 3) There are no neighbors who view the rear property line of this lot. The lots to the rear of this property are at a lower elevation and are heavily- wooded. 4) The charges to rework the lot for proper drainage are cost prohibitive. The proposed building meets all other setback and lot coverage requirements. If approved, this Variance shall be subject to the following conditions: 1. No other Variances shall be granted to this lot. 2. A building permit shall be applied for through the City's Protective Inspections Department. 3. All other City Code requirements. Brummer Variance ...itY:-.1s.inwirr-, 4,_ .7„ .: _ k I ,,,,, ,,.-, ; _ 4 tw s Street Map . „ Ire '. ;; •��=; .'1 -___ , - U '-.---1/4,..., : . _ w z MR'VrEM I w 0,: car _ _ NE /{ * cams( T.,s 1 . I i ORGE • MANN PARK „fie' Imo,. rt • '1I I,P •• JI• iyt I i 1!IfIllliL - 1\ , �`+ * �1(1 Li;.‘ _� ; rf _IIfl. i�. b 17 ' " I ir d e•- _ _ - '_I .$ LAKE' 1 w•� 'i , . :v.. PARK po , ` " / fi 1 i r �Zonn Map � _� sir( PK t 1" I A i. 1'k_dn7,1 ti,.. A ';� ' 1 1.._I �►" 111111 . , . 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N 33'06'16"E • I � 11000 $•jri I ` w 11 x 2300 unpo/ (wr ES MAR D"+`11 BLtlCK 1 2 ' 82 4� IVE •'i ,.„- R•21232 - 0"1,"1 _ >o Du I 2 �a ,�- • "I a'417 It' '- 1,•. 1.• . . .:. .. ..; Iv4c rl...r.:W •d • rw 4 1 '- ,N)4 •.•4'Z •' , . I ' i°o oo .. . t ,� ...r'♦ 2S4 74 MAP N0. 27 & 27A L 11 - - -- ` ( .. Wk. /'s,. 1 ' ' Jz 32 010-00 ( C FF _ _ ". A ',ri. _ — — — AD)- 144 n-- -` +,RI (CLIFF •• �ROA///D) ..N $4• I -� ' 'j NO 32 "' . I r . ' 1 1 : 4[—a.i ," .5f ' _ ` 125 4 DU N B 6eR4 L- •r _ 1 ,q rD ) g S Do Do !u!t 0 2 • e Ill a 14.it Itt 1 I e 3 • -11 it - 1 Parkview Golf Course a _ �� e 010-25 / 1 ./ ' [ TT � 1 1 / . 7 \ 1- , (} r 1 /./ 11 Y IL / A Cite-- 413,5(00 Lot 3 Mock l /¢3 , Lof is ) tick 13 i A�tv q°' / ■©1—. Q.1— , I LAS j '' 3 l_p-c__ , 5Lc.V. I l Gt1 M nR 5 m Ac 7 ©N Le . 1 - , MINUTES OF A REGULAR MEETING OF THE Eagan,M4nnesOth '‘ Egi4N.MITSPPPL : :September 3, 1991; :; ; .:.:.:. A regular meeting of the Eagan C4iii.0)uncil was helst:#ti:Tuesday, September 3, 1991, at the Eagan Municipal Center. Present were Mayor Egaiiiii:51:03wic4p4C0Wachter,Gustafson,McCrea,and Pawlenty. Also present were City Administrator Comnwiitje Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney JaniiiShadon. igolt14411 City Administrator Hedges and City.:At:totApy.:SIlcidPn:WPmmended an Executive Session at the end of the regular City Council agenda regarding the issue threatened litigation. • City Attorney Sheldon also requested an additional item be added to the regular agenda in order to discuss the Kingswood Addition's letter of credit. Consent Agenda,ADD: Final Plat ingtón P7th Addition. New Business,Item J, Conditional Use Permit,Holiday Station Stores,Inc.,to Allow Outdoor Storage and Displays. Council may wish to discuss; however, in order to be consistent with a similar Conditional Use Permit application from Tom Thumb Stores, staff will request a continuance. Pawlenty moved,Wachter secondec.1;:0:0:o.tipii to approve the agenda for the September 3,1991,regular City Council meeting as amended. Aye: 5 Nay (3 -*. *INUITS: Councilmember Gustafson asked the firSt.: ei.tit:.ei:iCe:•;:if paragraph 4 on page 8 be clarified to read: .......... "Because of the heavy traffic on Turquoise Trail, the large number of vehicles coming into its intersection with Serpentine,the proximity to Peridot Path Park,and the curvature of Turquoise Trail near this intersection, Gustafson moved, Wachter seconded, a motion to approve the installation of a stop sign on Turquoise Trail at the intersection of Serpentine Drive. (A stop sign at East Beryl and Turquoise was not approved)." Dr. R. J. Rehwaldt, Superintendent of School District *);; spoke to the City Council and audience regarding an upcoming bond referendum and then a*tered quifstions. The two questions that will be put before the voters in November are a$3.5 million levy iderenduni.:*1 a$363 million bond referendum.After discussing the property tax impact on the average Eagan home and further discussion of the particulars of the upcoming referendums,Dr. Rehwaldt answered City Council's questions. No formal action was necessary on this item. POLICE DEPARTMENT/SPECIAL HoltING PERMIT Mayor Egan introduced this item wa...$peci4.1.intutipg:f.ermit for John Yanta, 2927 Ewing Avenue South, Minneapoli.s. City Administrator Hedi05:#0.:.04:4:.****.rd special hunting permit Mr. Yanta has applied for and it is for bow and arrow as The City Council then discussed whether the City should:eiiiitinue to consider special hunting permits. Councilmember Gustafson said that all approved permits have been for the same area of the City. None have r Page 2/EAGAN CITY COUNCIL MINUTES September 3, 1991 been allowed south of Highway 13 with the:':exception of a hunting:permit issued to prevent crop damage and the Diamond T Ranch application. A numbed•of concerns were.shared regarding the use of firearms within the City, however,it was pointed out this is the same area as the D :special hunt. Councilmember Wachter said he is not in favor of killing the deer, however: ,:road,.safe4j .fie recognized that their numbers had to be controlled. • Gustafson moved,Egan seconded a motion to approve a hunting permit for John Yanta of 2927 Ewing Avenue South in Minneapolis. Mayor Egan said it should be noted:tliat:tlie::ad, acnnt.:property owners have requested that no hunting spill over onto their property. • Aye: 4 Nay 1 (McCrea) City Administrator Hedges noted that the final plat for the Lexington Point 7th Addition would be included for consideration with the Consent Agenda. A. Personnel Items Item 1. Assistant Utility Billing Clerk/Finance Department--It was recommended that the hiring of (blank) as the Assistant Utility Billing Clerk:'be:app.X.t ved::subject to the successful completion of the physical examination requirement. • Item 2. Seasonal Park Maintenance Woricers--It::was•••recommended that the hiring of Brian Banaszewski,Brian Kruse,Velta Jean Martin and Gl i e Wallace as Season Park Maintenance Workers and Layne Anderson as a Seasonal Forestry Aide be apgrieil :• Item 3. Seasonal Park Attendant--It was recommended that the hiring of Robert Merrill as a Seasonal Park Attendant be ratified. B. Plumbers Licenses It was recommended that Plumbers`L feiiii s fiiii•'ry i giia City Plumbing,2)Central Plumbing Service, 3)Kolar&Company Mechanical,4)Robillard Plumbing:and 5)Ro�eyille Plumbing and Water Softener License for Meadowbrook Water,Inc., be approved. C. Licenses.Wally Shaver.Amusement Devices'at DurnLi$s Restaurant It was recommended that a license for two amusement devices to be placed in Durning's Restaurant as applied for by Wally Shaver of Replay, Inc., be approved. D. Receive Bids/Award Contract - Municipal Buildings/Bone System It was recommended that the bids..be..re.ceit!ed..and.,the.epntract for the Municipal Buildings phone system be awarded to Matrix Page 3/EAGAN CITY COUNCIL MINUTES September 3, 1991 •.•.•.•.•.•......•.........•......•.•.•...•.-.•.•.• ........ E. Ratify Notices to Isaacson ancliktz Regarding Rent&il of Trailers It was recommended that the Findin6gFact and Resolutions Denying Renewal of Special Use Permits for Mobile Homes Used for Habitation for Doug:ISaaPAPI1:*(1:•Isiarvin and Verne Fritz be approved. F. License. Shows and Solicitation Permit for Mitch KnollAutumn. Inc. It was recommended that the shows license and solicitation license for Mitch Knoll of Autumn,Inc.,for Haunted Hayrides be approved. G. Ratify,Joint Powers Agreement;•Fiiiiftiiiliiiiiiii:#01ity :::::-:•• ....•.•. It was recommended that the joint powers agreement between the cities of Eagan and Apple Valley for a firearms training facility be approved. H. Proclamation in Support of Daiiiitif Fest:::Sd•Ptiiiber 21. and 22. 1991 It was recommended that a proclamation proclaiming September 21 and 22, 1991,as Dakota Fun Fest Days in the City of Eagan be approved. I. Project 588.Receive Final Assessment Roll/Order Public Hearing(Silver Bell Road-Water Main) ........... It was recommended that the final itietiiititiit:f01.1:f9T.Project 588(Silver Bell Road -Water Main) be approved and a public hearing scheduled to be held baiiliet44991. ....•.•.•. .......•.•.•. J. Project 585. Receive Final Assessme4tRo11/04t:Iliiblii Hearing(West Publishing 3rd Addition - Trunk Storm Sewer) • • • It was recommended that the final assessment roll for Project 585(West Publishing 3rd Addition-Trunk Storm Sewer) be approved and a public hearing scheduled to be held October 1, 1991. K. Project 533. Receive Final Assessment Roll/Order Public Hearing (Diffley Road - Streets & Utilities) It was recommended that the final ifoiPi6ject 533 (Diffley Road -Streets & Utilities) be approved and a public hearing scheduled to be hektiOctober t:A091. :•:•:•:. ....... L Vacate Drainage&Utility Easements Recti34 PetitiotOarder Public Hearing(Lots 7.&&9.Block ........ 5. Burr Oak Hills 2nd Addition ..•.•.• It was recommended that the petition to vacate drainage and utility easements for Lots 7,8,&9,Block 5, Burr Oak Hills 2nd Addition be received and a public hearing scheduled for October 1, 1991. M. Resolution Authorizing Finance Director to Declaraitent to Reimburse Costs of Improvement Projects with Bond Proceeds It was recommended that a resolutipkI*Vitif4i*:4440.107.0,g the Finance Director to declare intent to reimburse costs of improvement projects withbOnd I Page 4/EAGAN CITY COUNCIL MINUTES September 3, 1991 N. Final Plat/S Todd Rapp Addition It was recommended that the Final:P#at for the S TodiU Lapp Addition be approved. O. Contract 89-09.Approve Final Payment Aotlwiirize City Maintenance (Johnny Cake Ridge Road - Streets & Utilities) It was recommended that the 6th and final payment for Contract 89-09 be approved in the amount of $3000 and City maintenance authorized subject to all appropriate warranty provisions. P. Vacate Utility Easement. Receitie.P.etkio /Order 0e Hearing (Unisys Park 2nd Addition) It was recommended that the petition to vacate the ut0ity easement (Unisys Park 2nd Addition) be received and a public hearing scheduled for October:1, 1991. Q. License,Tree Maintenance Ccini i tor.''Gary:Amgndsen Tree Removal It was recommended that the tree maintenance contractor license for Gary Amundsen Tree Removal be approved. R. Final Plat. Lexington Pointe 7th Addition It was recommended that the finall5li(tOitOie.Lexington Pointe 7th Addition be approved. Wachter moved,McCrea seconded a motion toapproy.e:ttie:Consent Agenda as amended. Aye: 5 Nay 0 • PUBCHEARINGS FINAL ASSESSMENT HEARING/DELINQUENT UTILITY BILLS McCrea moved, Pawlenty seconde::kpgi.thiri10.: lvse::the public hearing and to approve the final assessment roll for delinquent utility bills as 1iSted ii E abit:kaiidi.authorize the certification to the County for collection. Mr. Richard M. Martinek, of 1250-A Dunberry .ane, said his property is shown as having delinquent water and sewer bills,however,he wasn't the property.owner when: bese costs were incurred. After a question from Councilmember Pawlenty, City Attorney Sheldon said that alien against the property for the payment of these bills runs with the property,not with the property owner no matter who had incurred the bill. He said it was fortunate that title insurance had been taken out by the property owner as the insurance should pay this bill. The motion was then amended. McCrea moved,Pawlenty*conded a motion to close the public hearing and to approve the final assessment roll for delinquent utility bit* listed in Exhibit A with the exception of Parcel #101710401201,Account#1.13087077'414 11,398.7.978.ln•the.amounts of$40.96 and$7.17,respectively, and authorize the certification of the remai.mider.4i:tl t Cou ;1oi':.Collection. Aye: 5 Nay: 0 Page 5/EAGAN CITY COUNCIL MINUTES ..............•.•.•... September 3, 1991 PROJECT 7ji/I-35E/STREETS.& UTILITIES •:•:•:. .....:.:. After brief introductions by Mayor:4an and City Aclitiinistrator Hedges, Director of Public Works Colbert provided background on Project 371:040.was originaBy approved in 1984 and has been a pending assessment since that time. He went on to saY::.flijii.: ;iii0iitA6ctions had been received from Leo Murphy, Francis Franz and Cellular One,which is purchasing ilk:4ton of the Francis Franz property. He then provided history on actions taken by the former Special Assessments Committee in regard to the Francis Franz and Anna Heuer properties. He added since City Council action last year provided that sidewalks and trailways would no longer be assessed, they have been removed from the final assessment roll for this project. Mayor Egan asked why there had been a significant increase iti.:41;:sapitaiy.:sewer.Tge.:charge since the original feasibility report as all other charges seemed relatively consistent. Mr Co1brt said the major reason was related to the application of construction financing interest for 71/2 years until tltt project could finally be approved. Leo Murphy informed the Council that when:p.35E was cpt4tructed,a change in the original alignment resulted in a significant cost savings to the Stat.e..WhitI:i4..0.4P::W.OS:usetrto construct a portion of Deerwood Drive. Because of this agreement,Mr.Muri4Cliiititiiit'unap.44ind.Why he had received a street assessment since the State had paid for the road. Director of Public WorIci Colbert explained that the streets were not looked at individually and,in keeping with City policy,the total cost to the City for street improvements had been spread against all benefitting properties. Mayor Egan asked the City Attorney if it would present any problems to the City if Deerwood Drive had been constructed with State funding and then a single uniform assessment rate applied to the project with all like properties being assessed equally. The City Attorney said this would not present a problem. Director of Public Works Colbert said it would ii**P-illappropriate for the State to tell homeowners that their street would be installed without cost to:14m. Inidsilition, he added that nothing could be found in . . the minutes which would indicate a split or larger:percent.age::OCOt.participation by the State on this project. Mr. Colbert said that while all work on Project 372::.W.4::40it'fiy the State or State contractors, the City was required to pay for those improvements and4:4nieS,Alie improvements went beyond the State's portion of the project. Mr. Murphy then referred to an agreement that because of the change in the height of the street,the State would pay for the installation of storm sewer. Again, Mr. Colbert said nothing could be found in the minutes to reflect those claims. Mr. Reid Hanson, an attorney representing the Franz's and Doehling's, said his clients believed that because of the relocation of the bridge theyyouf4r4veicipay:for the upgrade of Deerwood Drive and this belief affected decisions they made. He on a front footage basis because when the State realigned Deerwood Drive, it effectively bifurcated Fraiis Franz's property and now the City is assessing both sides of the street. Mr.Hanson said if the street IMO...Stayed as originally planned,it would have resulted in less front footage being assessed. In closii0g, Mr. Hanson said that the City cannot assess for financing constructions costs and Attorney General's decision 59-44 of April 12, 1969, addresses that issue. .•.•.•.• Mary Sincus,representing the new owners of the Royal Oaks property,filed Notice of Written Objection. The public hearing was then closed for public comment. Mayor Egan asked City Attorney Sheldon,based on some*ghe objections that had been filed,whether it would be appropriate to close the public hearing and approve the project. City Attorney Sheldon said he was not uncomfortable with such action because as in thepast.researckWill continue and some issues will be brought back to the City Council for resolution and:***:*0..00,0*.10.:.pn to court Mayor Egan then noted the City's formal assessment policy whereby regirdieii:dtheiiiiiiifievenue financing, if benefit is shown, the City will assess on an equitable/equal basis to all parcels benefited so long as the City participates in the financing. .•.•...•. • Page 6/EAGAN CITY COUNCIL MINUTES September 3, 1991 Noting all objections, Gustafson moved, McCrea secon4e. a motion to close the public hearing and approve the final assessment roll for Project 372 (I-35E, Streets&iJtilities) and authorized its certification to Dakota County. Aye: 5 Nay 0 VACATION/MANOR LAKE ADDITION Mayor Egan introduced this item as the Vacation of the Drainage and Utility Easement (Lots 7,8 and 9, Block 1, Manor Lake Addition, and Lots.l.and.2;..B1ock,5,Mwaar Lake 2nd Addition). Director of Public Works Colbert said this vacation is necessary because five lots have been repotted into four lots as the S Todd Rapp Addition, approvecl'earlier is:Eke meeting. Mr. Colbert said the utilities' systems have already been installed on the common lot::lines and:sv?ixh the replat, the developer has committed to removing one set of these sewer and water.services:agd relocati ig the'City's storm sewer system to another common lot line in order to maintain adequate::drainage::: e:�said the City's concerns have been addressed through the new development agreement and.the utilities will be relocated accordingly. Because the City has no control over the installation of private utilities, however, the City did not require the relocation of those services as a part of the final plat process. Mr. Colbert then spoke to the issue of private utilities. He said letters from U.S. West and Dakota Electric had been received asking that the City condition any approvals on the developer being responsible for the relocation of private utility pedestals. The::City.has::notified the utility companies that it is not appropriate to make this a condition of final plat approval and bee$ise:the City was not involved in the original placement of private utilities, it will not become involved in:their Mr. Bob Middlemist,the developer of the said his company will relocate all City utilities. In addition,location of the private utility pedestals;w>ll:ae negotiated with the purchasers of the individual lots. Any• negotiations with the phone and electric companies will be worked out by the developer. Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve the vacation of drainage and utility easements for Lots 7, 8 and 9, Block 1, Manor Lake Addition, and Lots 1 and 2, Block 5, Manor Lake 2nd Addition,only on the condition that this vacation be recorded simultaneously with the recording of the final plat of the S Todd Rapp OLD BUSI±IESS..... APPOINTMENT/AIRPORT:RELATIONS COMMITTEE Mayor Egan introduced this item as an appointment to the.Airport Relations Committee vacancy. City Administrator Hedges said a letter of resignation had been received from Airport Relations Committee member, Becky Newell,whose term expires in January 1992. At the August 6 meeting, it was the City Council's desire that the vacancy be filled and 13 applications have been received. After the first ballot, no clear majority was declared and a:second ballot was taken of those receiving a vote in the first ballot. Those individuals were: Lois Munson,Kathy Murdock,Thomas Monahan,and Donald Grant. After the second ballot,Lois Munson:ise**0.:a:t i tjt y:of to votes and will be notified of her selection as a member of the Airport Relations Page 7/EAGAN CITY COUNCIL MINUTES September 3, 1.991 COMPREHENSIVE GUID.> PLAN AMENDMENT/SEMPER HOLDINGS Mayor Egan introduced this item aa::a comprehensive::pide plan amendment for Semper Holdings, changing the land use designation from PF(Public Facility).to(PD (Commercial Planned Development) and a rezoning to a new planned development district;iait :specifi`.uses on approximately 10 acres located along the south side of Cliff Road,west of Rahn Road,in the niiii'f#teasf.quarter of Section 31. This item had been heard by the Advisory Planning Commission most recently at their July 23 meeting and the City Council at their meeting of August 6. Director of Community Development Runkle said the plan submitted at the last City Council meeting was unchanged; however, the developers had met with neighborhood residents in an effort to resolve their concerns. Dale Klossner, 2025 Pin Oak Drive, still had::Oiicerns about the hours of operation and the types of restaurants planned for the site. Craig Christiansen, representing&mper Holdings, indicated they would like to attract a first class restaurant such as an Olive Garden, not a:tas!ern type establishment, and would involve the neighborhood in the site review. He also,said.that:Walgreens:does not intend to be open 24 hours per day at this time, however, he could not say that:if woii ifn't c tan a so iietime in the future. Klossner asked whether a conditional use permit for the restaurants would be automatically approved. It was pointed out that because of the nature of conditional use permits, if the applicant meets the conditions required in the City Code, it is difficult for the City Council to deny them. Discussion then turned to whether the City Council had any means at its disposal to control the hours of operation of businesses in the development. Director of Community Development Runkle pointed out that once a use was specified,the hours of operation were normally left to the appliea :.0 ity._Attorney Sheldon also noted the difficulty of tying the hours of operation to the zoning because each tilde tbie:iiours.:were changed, it would require a change in the zoning. He said this would place the City in the.:position of imaking operational decisions for the business. Councilmember Pawlenty asked whether there were any..State:statutes that set the hours of operation for businesses that the City could not override. City Attor.ney:Sheldon said he was unaware of any State statute that gave cities jurisdiction over the hours of operarion::except those that involved curfews, etc. Councilmember Gustafson suggested that perhaps the developers tie asked to provide a list of restaurants that would be excluded from this site. Mr. Christianson said such a list could be supplied as a part of the negotiations. Before calling for a motion, Mayor Egan pointed out the positive aspects of a Planned Development (PD)district on this site. He quoted from that portion of the City Code that states the purpose of a PD district is to encourage,under the appropriate c rcu.mstanoes;::a:m e:creative,varied and efficient use of the land. He said in considering a petition, the City Council::Ct itsIde s iiiree::aspects, the third and foremost of which being that the development "should benefit the community at:large to a..greater degree than would the development of the underlying zoning." He said he believed that almit4everythiii positive about this particular development came as a result of the PD agreement. • McCrea moved,Wachter seconded a motion to approve a*i omprehensive guide plan amendment from PF(Public Facilities) to CPD (Commercial Planned Development) for the Hadler Park Planned Development located along the south side of Cliff Road,west of Rahn Road, in the NE 1/4 of Section 31. Aye: 5 Nay: 0 McCrea moved, Gustafson seconded a motion to approve:*rezoning to a new planned development district directing that a planned development agreement be drafted for the Hadler Park Planned Development and returned to the City Council as a consent item for ratification''and subject to the following conditions: • 1. The PD Agrement shall be creatiedt:C44diiiiii: :1'':,5IO:Sgtiare foot drug store, an 8,000 square foot Class I restaurant, a 6,000 square foot Class I restaurant, and a 14;000 square foot medical clinic as shown on the revised site plan of June 10, 1991. Page 8/EAGAN CITY COUNCIL MINUTES September 3, 1991 Y 2. All parking stalls shall be 10' wid except for handicapped stalls which shall be 12'wide. 3. All buildings shall be construct41::of similar material::aid colors. 4. Rooftop mechanical equipment shall:ai ::lbe::visible::from Cliff Road, Rahncliff road, or Rahn Way. 5. All trash and recycling shall be contained within each building. 6. All landscaped areas shall be irrigated. Additional plant material, including evergreen trees, shall be provided along Cliff Road and Rahn Road. ...... 7. No outdoor sales and/or displays, or loudspeaker a ve icing, shall be allowed. 8. All signage shall meet City Sign Code requirements iq.:place at the time of individual City approval. 9. All driveway entrances shall line:ittp:w t#i::existing;and/or future driveways on adjacent properties. 10. All buildings shall require individual review by the APC and approval by the City Council. Aye: 5 Nay: 0 Councilmember McCrea suggesteci:Stit wlien.it.is determined what restaurants will go in these locations, the developer share that knowledge with the neighborhoi d:::Mr> Christianson said that Semper Holdings had made that commitment. . SINGLE FAMILY MOR1"G4,E:BO■D'-RESTRUCTURING After introduction by Mayor Egan;::(14,Administrator Hedges said that proposals had been received from two underwriting firms for the restructurin g o f the City's 1980 single family mortgage revenue bonds. Kathy Aho, representing Springsted Inc., the firm assisting the City with these proposals, provided a summary of the proposals while noting that the objective of the City was to realize the most cash possible from the release of assets currently within the program. With that objective in mind, Waclitet::::iii0i.i ':Gnst.4on seconded a motion to approve the recommendation to retain Juran & Moody to affect the release of.assets from the 1980 single family mortgage bonds with direction that staff be authorized to take whatever action;necessary to proceed with the restructuring. Aye: 5 Nay 0 DANCE HALL PERMIT/DANNY STEVENS. Mayor Egan introduced this item as a permit application;fipm Danny Stevens for a dance hall at 1380 Duckwood Drive. The City Council observed that it is importan 1 i provide a place for the youth of the City with a safe and supervised environment;however,the Police Departm ent was directed to notify the City Council as soon as possible if problems arose. Councilnem .Wac3#ei':cxpressed reservations about the application and Councilmember McCrea recommended::tliat:iithen:tlt ric&tiorial use permit is granted that if behavior at the dance hall is not appropriate,the City Council revoke the conditional use permit. Councilmember Pawlenty suggested the need to control loitering and congregating in the parking lot outside the dance hall. Page 9/EAGAN CITY COUNCIL MINUTES September 3, 1991 Gustafson moved, Egan seconded,:a:motion to approve*:dance hall permit for Danny Stevens for the Dairy Queen at 1380 Duckwood Drive conditioned upon the requirement that off-duty police officers and/or other appropriate personnel supervise all dance$. Aye: 4 Nayi::;:1. (Wachter). ADOPTION PRC)POSED::k992 BUDGET After introduction by Mayor Egan, City Administrator Hedges said that the budget before the City Council was a proposed budget and far from the final budget to be refined and approved later this fall;however, in order to be in compliance with the Truth in Taxation laws, the City must adopt its proposed 1992 General Fund Budget by September 3, 1991. The public:hearigg:wiil.:be.:held and a final budget adopted on a date to be set later on the agenda. It was pointed out:that::t : :Coiiiiicil::has the continuing discretion to amend the budget at any time. There was no public comment. Wachter moved,Gustafson seconded,a motioii:•to approve.:the proposed 1992 General Fund Budget as presented. Aye: 5 Nay 0 CERTIFICATION/1992 PROPERTY TAX LEVY After introduction by Mayor Egan, City Administrator Hedges said that in order to be in compliance with the Truth in Taxation laws, the City must submit its proposed property tax levy for payable 1992 to the County Auditor on or before September 3, 1991. The proposed levy amount is a total of all City levies including both the general levy and all special levies.::'T e:.amount the City certifies as its proposed levy is the maximum levy that the City will be allowed. The final tiO.:1 .:certified in late December may be reduced but may not exceed this initial certification. There was no public comment:<::.. Gustafson moved, Wachter seconded a::motion.•t :appe the proposed 1992 payable tax levy as presented. Aye: 5 Nay: 0 CERTIFICATION/1992 BUDGET HEARING AND CONTINUATION DATE Pawlenty moved,McCrea seconded a motion to set December 3,1991,at the 1992 Budget public hearing and December 17, 1991 as the continuation hearing date. Aye: 5 Nay: 0 RENEWAL/GENERAL LIAR)k]<;ITy.A O :COMPENSATION INSURANCE Mayor Egan introduced this item as a Renewal of•tlle City's General Liability and Workers Compensation Insurance for the period July 1, 1991 to:Jane 20, 1..492. Mr.Jeff Bowers of First Insurance, provided aii•overview4 the City's proposal for coverage through the League of Minnesota Cities Insurance Trust (LMCIT) which his provided coverage to the City of Eagan since 1986. Mr.Bowers pointed out that the increase to the City this year is far higher than the last two or three years and is a reflection of the League's going to an individual experience rating. The City's loss record was not unusually high last year but was in the previous year and while the rate for insurance did not go up, the experience modifier did. In addition, if the experience modifier:tttls out, the rate will go down accordingly. Councilmember McCrea asked whether the insurance is bid oi* iwhether the LMCIT is the only provider considered. Mr.Bowers said that while First Trust requests for competitive bids,they had not done so this year The only other company dt i ig ii ess:in:.thisr:are$is Pemco;however,experience with other cities has shown theirs would not have been a'COtripetitive' iii{thf year. In answer to a question from Councilmember Gustaf$in, Mr. Bowers noted that the workers compensation premium is a reflection of payroll costs as well as.the modification factor based on losses Page 10/EAGAN CITY COUNCIL MINUTES September 3, 1991 experienced by the City. He said if safety'programs are put pu :.iitito place, it would assist in bringing the modification factor down.In closing,Mr.Bowers said they are not r'e'commending the City increase its deductible at this time Gustafson moved, McCrea seconded:::ii:: igtiott.:toy pprove as presented the 1991/1992 general liability/workers compensation renewal package.`Aye::<$: ly 0 BUILDING PERMIT/EASTER LUTHERAN CHURCH Mayor Egan introduced this item ttildit.Fee mitifdr.:Easter Lutheran Church, 4200 Pilot Knob Road, City Code Section #11.20, Subdivision 7...City..Administrafor Hedges said that this item would require two actions. He pointed out that any building permit:requested in :PF zoned property requires Council action and, as part of the building permit review, certain storm sewer::eonnection charges have been identified as financial obligations. <::: >. The church property was partially assessed in 19$0:witbi:Project 257 for storm sewer trunk charges at the single family rate. In keeping with current City policy;'Stair had suggested an obligation of$10,698.51 for the remainder of the property and that reflects the 1991 commercial/industrial rates. The church had questioned the use of 1991 rates to make a correction to the assessment levied in 1980,and through discussion with church officials and as a fair and reasonable compromise, it was suggested that the property be assessed at the commercial/industrial rate in effect at the time of the original assessment. Pastor James Borgschatz was present and indicated the church agreed with the rcommendation and asked that it be placed on the assessment rolls. Pawlenty moved,Wachter seconded a motion t0apprave.the building permit for Easter Lutheran Church as presented with a storm sewer connection charge:sof$4,090.3O to be placed on the assessment rolls for a period up to 15 years or a lesser time as determined administratively:by:Easter Lutheran Church and City staff. Aye: 5 Nay: 0 • SETBACK VARIANCE/GARY & LEE MYHRMANN Mayor Egan introduced this item as a Variance for Gary& Lee Myhrmann of 4' to the Required 10' Side Yard Setback, 1379 St. Andrew Boulevard. Director of Community Development Runkle said that the request was for the construction of a three seusos.:pprch:nn_the•east side of the home. It was pointed out that when the house was designed in 1987,the design of� :bonne allowed for the porch but it was not constructed at that time. The Myhrman's are now ready to construct.the porch but have discovered the home was not placed on the lot with enough room to accommodate it and if:#itiilt would:extend 4'into the required 10'setback. The Myhrman's are claiming that the hardship for the variance is that;:the original placement of the house was in error. Wachter moved,Gustafson seconded,a motion to approve a variance of 4'to the required 10'sideyard setback at 1379 St.Andrew Boulevard as requested by Gary and Lee Myhrman. 1. A building permit shall be applied for and reviewed 1;1:City staff. 2. All other City Code requirements shall be met. . Aye: 5 Nay: 0 Page 11/EAGAN CITY COUNCIL MINUTES September 3, 1991 CONDITIONAL USE PERMI'f/I4ORTHCO ..•.•.• •:.:::: Mayor Egan introduced this item a. .:4:nonditional use pamit for Northco to allow a daycare facility in an NB (Neighborhood Business) District on L :.:1)..Block 1, AliWiawk Plaza Addition,located along the north side of Diffley Road, west of I-35E in the SE 1/4 of Section 20 After brief discussion about the location of the daycare facility within this shopping center, Gustafson moved,McCrea seconded a motion to approve a conditional use permit for Northco to allow a daycare facility in an NB district on Lot 1, Block 1, Blackhawk Plaza Addition subject to the following conditions: L The outdoor play area shall be located indoor play area •.••••••••••••••••••••••••••.• .......... ••.• 2. A plan indicating the location of the ottilO•or play ii0a shall be submitted to the City staff for approval. .•.•.• •:•:•:•:• .•.•..• 3. All other city Codes and requirOin014: liall. ::in4;::::::-- 4. All other County and State regulations,permits and licensing requirements shall be applied for,and approved. 5. The nine parking stalls shall be removed at the west end of the building for the outdoor play area. .•.• 6. It shall be recorded with Dakoti:40:q1.:ancl proof of record shall be submitted to the City within • •........•.•.•.•.•.•... 60 days. •••:•::::::::::::-::•:•:•:•.•.. Aye: 5 Nay 0 ::::::••••••• CONDITIONAL USE:PEOHT/THIESEN VENDING COMPANY Mayor Egan introduced this item as a conditional use permit for Thiesen Vending Company to allow more than three amusement devices in a CSC (Community Shopping Center) district on Lot 1,Block 1, of the Eagan Convenience Center Addition located along the southside of Duckwood Drive, ease of Crestwood Lane in the NW 1/4 of Section 15. It was pointed out by City Administrator Hedges that any time a request for more than three amusement devices is received, a:publ:ic:heAr.i.48:4::r:P(Blited on a conditional use permit. It was also noted that the applicant has requested 18 amusenenI games Concerns were expressed about spacing at this location and it was recommended that the facility be monitored closely. Councilmember Gustafson indicated he would make the motion to approve the conditional use permit fqf: ip to 18 units,however,if more are desired the applicant would be required to return to the City Council for additional approval. :::•:•:•: Gustafson moved,McCrea seconded,a motion to approveiionditional use permit for Thiesen Vending Company to allow up to 18 amusement devices at the Dairy Queen located along the southside of Duckwood Drive subject to the following conditions noted by the Advisory Planning Commission as well as an additional condition outlined by the Council for Fire Marshal approval: •• 1. The owner shall apply for,and receive, an amusemetkOachine license from the City. 2. All damaged landscape materialS:000:044*Ktnin!eN0nce Center plat shall be replaced within a year from date of approval. 3. It shall be recorded with Dakota County within 60 d*...?!.4 4:approval with verification provided to the City. Page 12/EAGAN CITY COUNCIL MINUTES September 3, 1991 4. All signage must be granted by igtOmit,meet sign cod.requirements, and pay the one-time sign fee of$2.50 per square foot. 5. Fire Marshal inspection and appcbv?af c..,. 6. All other applicable City ordinances. Aye: 4 Nay: 1 (Wachter) CONDITIONAL USE FERaMIT. QLIDA'Y: ;TATIONSTORES, INC. Mayor Egan introduced this item as a conditional use peitnit for Holiday Stationstores, Inc., to allow outdoor displays and storage in a CSC (Community Sliippping Center) district located on Lot 1,Block 1, Mari Acres 2nd Addition, at the NW intersection of Nico4:Rioad and::Cliff Road in the SW 1/4 of Section 30. After comments by City Administrator Hedges, the City::Councif:agreecl•.as in the Tom Thumb case, it would not be appropriate to take action until the City had clearly defined outside storage." Wachter moved, McCrea seconded a motion to continue to the October 15, 1991,regular City Council meeting a conditional use permit as requested by Holiday Stationstores to allow outdoor displays and storage at the Holiday Stationstore located at the northwest corner of Cliff Road and Nicols Road. Mark Nelson,representing Holiday Cw iipanies,:said the conditional use permit being requested was only to maintain the outside storage that already exists:•'He:iiben:addressed each of the issues cited by the Advisory Planning Commission in the denial of their application. All Holiday Stationstores have extended 7' sidewalks and,in this particular area,all their outside storage::is off to.the:westwhere there is no circular traffic. In regard to being compatible, Mr.Nelson said their outside:storage:is:compatible with their use as a convenience center. Mr.Nelson dismissed the precedence concerns:because.with conditional use permits,the Council should weigh each site specifically. He then asked the Caty.Council to approve their request for a conditional use permit. Councilmember McCrea acknowledged that outside storage is being utilized without a conditional use permit at various locations throughout the City but she also pointed out that those businesses were in violation of City ordinance. While staff researches the definition of outside storage,the City has elected not to cite those businesses in violation of the ordinance;howreyer..;:ilie:Cotuteikt?embcr expressed her opposition to such storage and the safety hazards it presented. She very strict guidelines in the future for the issuance of conditional use permits for outside storage:..:.:. In the interests of clarification,it was noted that:his application as well as the Tom Thumb application will be returned to the Advisory Planning Commission:#or public:Bearing after staff has reviewed and defined "outside storage." Both applications will then be returned to the Council for their consideration at the October 15, 1991, regular City Council meeting. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/THE DANTE CORPORATION Mayor Egan introduced this item as'a ccsitidi€ioaal:rise pout for the Dante Corporation,Ltd.,to allow an on-site manager's residence for a storage facility in a LI (Light..industrial) district located on Lot 6,Block 2, Sibley Terminal Industrial Park, along the east side of Terminal'liive in the SE 1/4 of Section 8. Page 13/EAGAN CITY COUNCIL MINUTES September 3, 1991 Pawlenty moved, McCrea secondtd•::a motion to approvie::a conditional use permit for The Dante Corporation, Ltd.,to allow an on-site manager's residence for a storage facility in a LI(Light Industrial) district located on Lot 6, Block 2, Sibley Terminal ii*trial Park. Aye ::0 Nay 0 ORDINANCE AMENDM}wNT/Pr ST: LINQUENT BILLS Mayor Egan introduced this item as an ordinance amendment for the City of Eagan amending Chapters 11 and 13 of the Eagan City Code pertaining to general requirements for "Past Delinquent Bills." Gustafson moved, Wachter seconded,.:a:motion:to:approve.an ordinance amendment for Chapters 11 and 13 of the Eagan City Code pertaining to.:general requ ttrzine g for past delinquent bills as shown in Exhibit A. Aye: 5 Nay 0 FINAL Fi,4T/WAL11 ART:ADDITION Martin Colon, representing Federal Land Company, asked Council's consideration of a conditional approval of the final plat for the Walmart Addition. Because not all documents have been received by the City, approval for the plat must be delayed until the next Council meeting on September 16. He requested that the final plat be approved subject to the receipt of all documents. Mr. Colon said the store intends to open in February and they would prefer to get an :early.start now as opposed to being pushed two extra weeks into February. Director of Community Development Runkle said that the.final documents had been sent to Walmart for signature and if they are returned unchanged,Ain requirnirients::for final plat approval would be complete. Concerns were expressed about any precedent that might:be Stt.and the question was asked whether the Mayor could be authorized administratively to sigii:::a::plat:if all was in order. While such action may require an ordinance amendment, the City Attorney allowed that the Council could give a plat conditional approval. Councilmember McCrea noted that economic development has slowed in the City and felt it important to assist companies such as Walmart in getting started; however, she cautioned that the Council be mindful of treating other companies equitably in similar situations. McCrea moved,Gustafson seconded;:a::mobs ti:ti:apprcvc:i ie final plat for Walmart Addition provided that nothing has been altered from the agreeits i:thie Ityi:pitit:e Tito:place and subject to staffs final approval. Aye: 5 Nay: 0 LETTER OF CREDIT/.$TAFFORp PLACE Mr. Peter Beck then asked to address the Council in regard.to the Stafford Place letter of credit. Mr. Beck explained his client's position and his recommendations for a resolution to this dispute. After some initial discussion, the City Council determined it was more appropriate to conclude the remainder of the Council meeting and then adjourn to discuss the matter further in Executive Session. MISCELLANEOUS ITE* City Attorney Sheldon advised the piriii0f. aiat�:?:i ice:�is:?working on a settlement with the attorney for Jim Horne, the developer of the Kings d Addiii ii: :.: e:sa d the developer has agreed to either extend the letter of credit or the City will obtain other alternative security:or:cash from them. Councilmember Pawlenty asked that the Council be kept informed of any background infotation or details that surface in regard to a letter received from Mr. Horne's attorney. Page 14/EAGAN CITY COUNCIL MINUTES September 3, 1991 •.....•.•.•...•.•.•.•...•.•.•.•.•.•.•.•.•.•.•.•.•.•.• LETTER TO:REPRESENTATIVti.:OBERSTAR The City Council was apprised of afrr that the City.pr.Mendota Heights, in conjunction with Eagan and other neighboring cities, had drafted ralkiiittApecific issues.that should be considered by the Federal and State delegations as they negotiate the financiii:00440.4:N;iirthwest Airlines for the northern Minnesota transaction. Mayor Egan said he felt comfortable ithigthé letter and noted that the conditions included in the letter were reasonable and did not add anything to Northwest that was onerous or shed a bad light on the City's negotiations with them. ASSESS.MPT:TO•LICY.- :-.••• Councilmember Gustafson expressed his cones regarding the City's present assessment policy and whether or not assessments are being handled fairly. After further itlicussion of various alternatives and the pros and cons of each,it was determined that the assessment policy should be addressed in a future workshop session. • ...• - SPECI4:0TY::COUNOt:MEETING . .. . In order to accommodate those who wished to attend the Airport Relations Committee meeting on September 10, 1991, the City Council agreed to change the starting time of the Special City Council meeting on that date to 5:00 p.m. ,•• Wachter moved, Egan seconded a motion to approve the checklist dated September 3, 1991, in the amount of$953,641.84. Aye: 5 Nay: 0 : • ADJOURNMoygxtotitivE SESSION • The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 10:40 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Public Works Colbert, and City Attorney Sheldon. The executive session was adjourned at approximately 11:05 p.m. KF ...• :::::::: ••.•.• :•:•:.: :•:•:.:- ••••••• J. VinOverbeke, City Clerk ..•...• :•:-:•:::: • EXHIBIT A ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING) " BY REPEALING SUBD. 29 TO SECTION 11. 10 REGARDING GENERAL PROVISIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Section 11. 10 entitled "General Provisions" is hereby amended by repealing subd. 29, relating to requests for City approval. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 11. 99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: • - $50.00 Investigation Fee CITY OF EAGAN Date 7/, // $25.00 License Fee APPLICATION FOR SHOWS LICENSE [Shows: public show, movie, caravan, t." // ������ circus, carnival, exhibition, theater] i I, �/i el P n .. /-1"4-t/5 , hereby make application for a t 4rh i(.22 / same type of show license from the City of Eagan, which will take place on ')4/- %�/'7/ during the hours of ��/ dates /Dane -/C�rn D / /G'.c ? -S�O•n 5/-J-et �O/uc 55 or,5144,5`i/.6/A� . The purpose of the event hours �'S3�/ yon �3's 7d.,eats -) /7/�' is -tu�iGi✓itR/Si/fy Qt/6/ 7`Dr /�Jtc�5ol�r���e_.__.._____�_______�_-_------ -- I represent ! P 5 t'i-lJj ✓ name of organization I Q4-/.) /'.C. Ze-� /t.i 1'/ , JC)%le eg.e.- 1--a /►>.t/. iio ya5 -9,) address(>13 e3 £J.! ��/ ,,_-, ,,,,, ,,4 .. L , phone Names and addresses of corporation officers: u)//a./ti/I `:2/ c2 Ste i vs. /939 e--( /fit--/t/; 4e.- , /,1,!6>Ai�59Z name address phone /a,,,,y 5/4/0. , /i 3 ei illy ,01,' /i �,6ea,L /V%'(VV9 d —9 \ name address phone name address phone name address phone Person in charge of event: /`,J ,I/,gym L.._ last name first name middle name /75 9 £' /T It &, /i� --11D 5019--c).-- 9 ,, address phone 7--./9 — act 58 cd d_, --- birthdate social security number MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a specific period and will be issued to qualified individuals or firms only. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalties, the license of any applicant may be revoked. ************************************************************************************* *********** FOR CITY USE ONLY: t '�__ t a i _' Po e Approval Date City Clerk Approval Date 491 -% • FOR BOARD use ONLY LG214 BASE II (7/29/91) PP* FEE Minnesota Lawful Gambling CHECK •INITIALS Premises Permit Application - Part 1 of 2 DATE • , i...0;; pmageof4/1011•MVX0.::goduAil TYPC9J'aiPP .............................................................................................. . Class of premises permit X Renewal (check one) Organization base license number R n1292 A($400) Pull-tabs,tipboards,padcflewheelt,rttfilei.bingo Premises permit number 003 rya B($250) PuI-tabk,dpboarris,paddlewheels,raffles New 1:11 C($200) Bingo only fl D($150) Raffle*only bjf'disiriaitgFrthpNfattafggggPEZRZCRE.Mg:TNEE,itVk'',Y.''ve'n*:::IV,IORi:':MMRtirigVn,Rreg,, Name of Organization Minnesota valley Himpne Sgcd$Ity Business Address of Organization-street or x(Do not use the address of your gambling manager) 1313 Fact Hwy 13 , City State Zip Code County Daytime phone number Burnsville MN 55337 Dakota t12)894-5000 Name of chief executive officer(cannot be your gambling manager) Title Daytime phone number Jacki Virginia Zschokke President 612 )626-6023 Bingo Occasions If applying for a class A or C permit, fill in days and beginning&ending hours of bingo becaalotitt No more than seven bingo occasions may be conducted by your organization per week. Day Begtruting/Ending Hours Day Beginning/Ending Hours Day Beginning/Ending How's to to to to to to to If bingo will not be conducted,check here 1:D ........ Name o ..e;i'el;ils(iMeni;;I;;;Piiggii4;ilifi;. ;;i:iaiwa----------- not use . Durnings Spirits & Prime Fare 4625 Nichols Road Eagan, MN 55122 Is the premises located within city limits? Ci.0 Yes I=No If no,is township (=organized En unorganized f= unincorporated City and County where gambling premises is located OR Township and County where gambling premises is located if outside of city Hmits Fagan Dakota Name and address of legal owner of premises City State Zip Code Families RestAurAnt nn 7th Inc 886 S. Smith W. St. Paul . MN Does your organization own the bullring where the gambling will be conducted? ED YES En NO If no,attach the following: • a copy of the lease(form LG202)with terms for at least 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 applications. Warafitilfir _ *,... Address City State Zipcodi . 2000 Old County Road 34th Place Burnsville MN. 55337 • -. Minnesota Lawful Gambling . Premise Permit Application - Part 2 of 2 . rvvx .r!':r�.:.<+<;•:;ur.•r:»:<... :a..r.......<�!rSS1r.S•wc+rir a,.v{tw..Y.?svr!S•...F::SS'•.'rr.Sr:•YXC{. N}S' YY.!,N;.: K! .Y. .�. n!, y:'rS : ::... < F... _,:r ..-M.::.::;..:,,.E r:::::::.;.CC:.;......;';S'?L::::.:::•.. , •rn . /• ... .:......:3:'::.:!�•S. ',?,... ,'-aYd.,•+.•% fr°.F>.>:,rI,.;/l,,(.•..;'?` •�f,. .l f.f.: �;y:•#}:;:•:Y , {}: :::;;.}; ..s:;iyf:<yic:.f;yfcE;r;. iaatttbi>trt � rtf�.:�t . ref` ,.:r:;.}�?.}:.;:.. :..:. <:.,....?!. , <� 4.VVfL'4�i?R. ��::#1Rki..Yi,{;:: :::r;•.r.??c!.!•>:.:::::;�?:?}.::::,:::.x?.:,,?.:�•r.<,f>. : ...:� �:r:i!...,:T.c!:.•�f:,nr.!•Ir..}:.•rA.? .`Vf�i•.n.<aJ.?.%}...� Bank Name Bank Account Number American Bank of Burnsville 585 2 Bank Address City 003 fete Zip Code 301 Burnsville Parkway Burnsville MN 5533 r:(q ip 1 •:.f.r.+'. I lk'h' f;, 4 ::<:??' ;:; ::%::: <?:::: ':>F?FE{ Y:::??:.::':`: .. 1�7ii8���:. i'MV�;:±Hot:aivt��1i010i1i�R/IR/Y-:��F:. Tarr:Sl•�G..,.. .... N.-..:.._.!..... ...f. .. �' {flame Address Title Jacqueline Zschokke 119 Chaperrel Drive Apple Valley President Trudi Johnson-Richards 3295 Victoria Street Shoreview Secretary Charles Peck D.V.M. 13740 Nicollet Ave. Burnsville Board of Directors r.,..«•, :.:. •n.:r:•:.:•::::::.:.'•..:^: +r:' <.-.:::;rr r�.,,•r ;•;r s.;!�.;SS.: :,r.? . ..,.... .. .. �.r•:,y ?•; ........:. •::.r;:rr:•:: nr?.:?^SSSF<SU'y,••r••Fr.';?o}wf<::R,.•,..::::::::::..i'::.:.r.•, y•y .•%`.:•l;•'�.• #��!'.::::...'?'7I{',if,;S!. ,f.:� •:; :r;:-:::•::>:•.�::::::::�;>:::'-:;S'i..0 ...r :...:: rr.:.:::?r::-;:.::.i-•i:;:?:::;.;::;:.;5;:};•;>:-?<? '::::;F:'}!`r::'r.?.!.r..�y:f>•?.:?3}•l//.mil ,l'�5/y,'r l<.: . ?.. '•;r1!•::�:??»::;::?iy •::F::. ?•,s•�.:;?:�;;.3f.),fir.!!:F;;:..!.l{,.,F;nr•.r;.y�;/. .rL�lr r •r �,, �` ..>:b%i i ... r .• :.:o.:::i;:?•`:%%%%?% }::y:.,;n:.,r,!•::rr r :v: r:/?r...:...H. rg� C y,.,:{Y�j.1 : . .rr_.r.??:i.�•-::::•:::::::-v;:?(;:;':iis,;:.:-:,rr: y:f:`:S,,rF�.?{.?;.•:•r -r�''.�i.•"y%'�.:✓. �r�� ..G`C!;..<�555�5� .'.' ..... ....::; :...... ( ::%•::t:�C '!!:Yi f' ;?;?;•.;;:::::rS::.....:::F:}iiF.{,�::::'%%.yY.;�•ry}':::.5>:;r;,c,:Y:a•6`Y,��'�.••. ..Iflir`:i��-• Gambling z lte AutorIzation .111m the chief executive officer of the organization; I hereby consent that local law enforcement officers,the •I assume full responsibility for the fair and lawful opera- board or agents of the board,or the commissioner of tion of all activities to be conducted; revenue or public safety,or agents of the commissioners, -I will familiarize myaelf With the laws 61 Minntisdtl' may enter the premises to enforce the law. governing lawful gambling and tubes of the board and Bank Records Information agree,if licensed,to abide by those laws and rules, The board is authorized to inspect the bank records of the including amendments to them; gambling account whenever necessary to fulfill •any changes in application information will be submitted requirements of current gambling rules and law. to the board and local unit of government within 10 days Oath of the change;and I declare that: -I understand that failure to provide required information •I have read this application and all information submitted or providing false or misleading information may result In to the board is true,accurate and complete; the denial or revocation of the license. •all other required information has been fully disclosed; Signature of chief executive officer Date ' oc 9ek ?/y/9i •::.�.::::::.::::.:.::.iY.:vi;•i:i:::.% :'4rhi:}i::::•iii`:?y:';•::•>:}YJ::?•::is i:::::C;::::.�::::::::::::.:: ........ :4:4;{•ri!4:<;•i:;,. .:•.............. ...... .... .I: :v;:;... ................•:iii:::............,nv...., x::::ii::.}ii:•:};v.... :rr.r vYrr _'� r2 1}f. ..:.r J.. ... .. .. :�:-:v::::..�•. ..... :::::':::':':: .... ,.iri},.•:!...................:: ..Y: ::•.:.rF7":F�{fiff.?li rr;l' •}%M . 'i ..>:nf-r::.�rf:::rr.i:::v:::%%':::':;:?::.:;. •:k ':y3f l:: •F. c l�rti� i!i+� owYerl ttU�ti�:F <';,.;:.. ;�ys� :� .'> , � .:.y!rs'�.-«}.:s :AVIV.M.M�::LI���'�I��i.. .�.�.; .....r: v:.v �.:+...:::::::::::::::::!r:S.•n ntiF ry } :v.<.:.rw:a:}}::Fr:>k����i�91� . }. r.. �F:•..1......f. rr:r+.4}?C+T` 4tv.•,M......... r::::.rn:.n.::n•: 4. A cony of the local unit of Government's resolution Go- 1. The city*must sign this application if the gambling pram-es is located within city limi proving,this application must be attached to this application, le w is The county W**AND townshts limits.••must sign this application if 5. If this application is denied by the local unit of government, the gambling premises is located within a township. it should not be submitted to the Gambling Control Board. 3. The local unit government(city or county)must pass a Township: By signature below,the township acknowledges resolution specifically approving or denying this application. that the organization Is applying for a premises permit within township limits. City or County" Township** City or County Name Township Name C , ry Of E46-4A/ Signatu of person reoeivinn application Signature of person receiving application .1.:1)a.1/e, /- ajd-tr Title I Date Received Tide I Date Received 4c/47/;). .4sST- 9•-0'— 1 Refer to the instructions for required attachments. Mail to: Gambling Control Board Rosewood Plaza South,3rd Floor , 1711 W.County Road B Roseville,MN 55113 L3214(Psrt 2) (tuvl/2e41) DATE CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 (612) 454-8100 APPLICATION FOR ON SALE LIQUOR LICENSE EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. If this is a first application attach a copy of the articles of incorporation and by-laws. Applicants Name(Business,Partnership,Corporation) Trade Name or DBA CUZ INC. LA FONDA DE LOS LOBOS Business Address Business Phone Applicants Home Phone 3665 SIBLEY MEMORIAL HIGHWAY (612 ) unknown (303 ) 422-8206 City County State Lp Code EAGAN ._ Dakota Minn 55122 Name of Restaurant Manager Manager DOB license period CHERI LYNN RINGSBY 5-24-56 From: To: 12-31-91 It a corporation,give name,title,address and date of birth of each officer.If a partnership,give name,address and date of birth of each partner. Partner/Officer Full Name and Title Address DOB OCTAVIANO A. TRUJILLO, PRESIDENT 8390 W. 81ST DR. : ARVADA. CO 80005 7-4-43 Partner/Officer Full Name and Title Address DOB RONALD J. PASSARELLI, VICE PRESIDENT 702 EMERALD LN. : LAKEWOOD. CO 80215 1-21-33 Partner/Officer Full Name and Title Address DOB CHERI LYNN RINGSBY, SECRETARY 1674 NORWOOD DR. : EAGAN. MN 55122 5-24-56 Partner/Officer Full Name and Title Address DOB )CTAVIANO A. TRUJILLO. TREASURER 3390 W. 81ST DR. : ARVADA, CO 80005 71443 LICENSE TYPE: XX On-sale Restaurant On-sale Hotel On-sale Club 8,700 Amount floor area Amount floor area/ Amount floor area/ SQ. FT. dining room(s) dining room 300 Number seating Seating/dining room(s) Seating/dining room 14 Hours food available Hours food available Hours food available �30 Number employees Number of guestrooms LOCATION OF ESTABLISHMENT: Legal description LA FONDA DE LOS LOBOS 3665 SIBLEY MEMORIAL HIGHWAY; EAGAN, MN 55122 Lot 3, Block 2, Cedar Industrial Park, Dakota County, Minnesota Current zoning Li XX Structure is more than 300' away from elementary or secondary school or church Yes No REQUIREMENTS $5000 surety bond Name of bonding company Certificate of Insurance and Liquor liability Seneca Insurance Company SCC2004043 Insurance Company During the past year has a summons been issued under the Liquor Civil Liability Law MS 304A.802? Yes xx No If yes, attach summons copy. Has ApplicanUocany of the Associates been convicted during the past five ye vs of any violation of federal, a e or local liquor law? Yes _ No If�give date and details. 19 9 - 4,67),0-0 / ` Are any taxes, assessments or utility bills for the premises unpaid or elm uue� X Yes No �� If yes,give reasons. Prior owner was delinquent. Arrangements are being made with the County for payment of delinquent taxes Have you ever had a license suspended or revoked? Yes Ax No If yes, give dates and reasons for action. What vendor of amusement devices will have machines on the premises? unknown Name Address Describe proposed entertainment: JUKE BOX, BACKGROUND MUSIC FOR CLUB LICENSE ONLY: Date of Incorporation: Purpose of Club: Number of members: Officers, Board of Directors, Manager: Full Name Address DOB Full Name Address DOB Full Name Address DOB DOCUMENTATION: Provide two copies of Articles of Incorporation for each corporation with financial involvement. Provide financial statement of net worth for all principals who have at least five percent(5%)interest in the business, partnership or corporation.The statement must be prepared by a CPA. Complete a general information form for each business,partnership or corporation. Complete a personal information form for each person who has a five percent(5%) interest in the business, partnership or corporation. Provide a Certificate of Search from the U.S. District Court for any pending ' 'I or mina on. • NOTARY By / /�G'-� , Its President Subscribed and sworn to before me ��Jr1 this ---nV� otary H RICHARD KORSH NOTARY PUBLIC—MINNESOTA . HENNEPIN COUNTY Notary Public County ` Mr r• Expsres MAR 25.1997 , My commission expires: REPORT BY POLICE DEPARTMENT This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota,Municipal or County. rJ Ordinances relating to Intoxicating Liquor,except as follows C n i' /` 07l 4' C v rt%at S A I D O r 4C C O'L i c f c.v P✓/ e Ill iq /It iA/e'✓ i n/ /71"-c/ '/ /19 a. ?a i c{ c v yr Pre 5s ra.v Date Department rignatu 9' I - / P414%Pr4airsI4Y C;IC■D .eL_ MP 41 H. RICHARD KORSH ATTORNEY AT LAW SUITE IOe 7600 FRANCE AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55435 TCLEp,40NE<e I P)a3 t 4303 September 13, 1991 FAx<el:>eal-leoa Lt. Gerald J. Meszaros VIA FAX City of Eagan Police Dept. 3830 Pilot Knob Road Eagan, MN 55122 Re: Liquor License Application - Cuz, Inc. Dear Lt. Meszaros : As I have just indicated to you in telephone conversation, I gave you some erroneous information the other day before I had checked with my client. After having checked with my client, their opening investment, as reflected on the documents previously submitted to you, will be as follows: Otis A. Trujillo $10,000 Ronald J. Passarelli $10,000 Cheri L. Ringsby $10,000 Total $30,000 This is the opening investment paid to the corporation by the stockholders for capital stock. The $100, 000 investment is a loan from Columbine Financial Group of Thornton, Colorado, which has been guaranteed by Mr. Trujillo and Mr. Passarelli . This $100,000 is also the down payment on the building at 3665 Sibley Memorial Highway. The $380,000 is the balance of the purchase price for the building mortgage. Should you have any further questions or comments, please do not hesitate to contact me. Si it H. Richard Korsh HRK/da Enclosure cc: Otis Trujillo Ronald Passarelli SEP13MES .CUZ