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11/16/1999 - City Council Regular AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 16,1999 6:30 P.M. I. ROLL CALL&PLEDGE OF ALLEGIANCE f II. OATH OF OFFICE—Chief of Police Therkelsen III. ADOPT AGENDA&APPROVAL OF MINUTES(BLUE) IV. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT) V. RECOGNITIONS&PRESENTATIONS(BLUE) A. RECOGNITION of Dr.Tom Wilson,recipient of the Milken Family Foundation National Educator Award VI. DEPARTMENT HEAD BUSINESS(BLUE) f3 A. CAMPUS generator VII. CONSENT AGENDA(PINK) P // A. PERSONNEL ITEMS p/3 B. EXTENSION for recording the Final Plat,Gramercy Park of Eagan r 15' C. CONSIDER approving renewals of existing liquor licenses for 2000,subject to review of / applications,payment of fees and Police Department reviews D. TRASH HAULER license,New Earth Services,Inc. E. CONTRACT 99-12,approve final payment,authorize City maintenance(Silver Bell Rd, Galaxie/Blackhawk,Heritage/Blue Cross—Street&Traffic Signal Improvements) o723 F. RECEIVE petition/authorize feasibility report(Chapel Hill Baptist Church—Sanitary Sewer& Water Improvements) � % LICENSE RENEWALS for the year 2000,trash hauler,tobacco,tree contractor,commercial fertilizer and paintball 3 a H. CONSIDER approval of the on-sale liquor licensee name change for HGIE,LLC dba Hilton Garden Inn Eagan,currently licensed as Nue&Torgerson II,LLP and GRME,LLC dba Green Mill Eagan currently licensed as Nue&Torgerson,LLP r3lI. CHANGE ORDER,Cascade Bay ?� J. APPROVE amendment to the Joint Powers Agreement for the Black Dog Watershed Management /p J Organization VIII. 6:45-PUBLIC HEARINGS(SALMON) f34 A. HOST approval for the issuance of revenue bonds to finance housing facilities and adoption of a housing project-Dakota Communities,Inc. / 6 41 B. CERTIFICATION of delinquent false alarm bills �66 C. VACATE portion of Old Sibley Memorial Highway public right-of-way(John J.Young—Parcel 013-56,Sec. 19) IX. OLD BUSINESS(ORCHID) 6 A. ACCEPT report,Community Facilities Land Acquisition Task Force le ?3 B. OFFICIAL Map(Northwood Parkway) t?SC. PROJECT 663,adjustment to final assessment roll,Valley View Plateau(Streets and Storm Sewer) X. NEW BUSINESS(TAN) XI. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE(GREY) XII. ADMINISTRATIVE AGENDA(GREEN) XIII. VISITORS TO BE HEARD(for those persons not on agenda) i XIV. ADJOURNMENT XV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities,facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,marital status,sexual orientation,or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received,the City of Eagan will attempt to provide such aid. Updated 11/12/99—10:15 a.m. .-'"NUTES OF: SPECIAL MEETQ�:;3CU.;T { 1V CITY COUNCIL EA('3A� �� TA October 26, 1999 A Special City Council me a�} ? ,S, tl<ly October 26, 1999 in the City Council Chambers of the Eagan Municipal Ce Buildii gi.. 4:45 p.m. Those present were .Mayor Awada and City Councilmembers Bakken; BlomgliMi Carlson and Masin. Also present were Civic Arena Manager Vaughan,Assis4 nance FIA�tor Pepper,Assistant City A..:•. Administrator Verbrugge, Chief BujI& E i3; i iRX.... or Planner Ridley,Aquatic Facility Manager Organ,Police Captain Swwoh,,'-Police'C ierkelsen, Director of Public Works Colbert, Director of Parks and Recreation Vraa, Director of Finance VanOverbeke, and City Administrator Hedges. AGENDA ADOPTION In a motion by Councilmein' i, seconded by Councilmember Bakken with all members voting in favor,the October JW.JC#y Council Agenda was amended by adding the item"Roundtable and Additicfs;to Depariielit Head Business"to OTHER BUSINESS and approved. I BE HEARD There were no visitors asking to be heard. DRAFT 2000 BUDGET FUND REVISIONS City Administrator Hedgea� tSIL 's+; f of Police, Kent Therkelsen,who began work at the City on Monday,•t3ctober 25;:1W'''" General Fund Mr. Hedges then presented an overview of thAWgets o4-'&agenda to be considered at this meeting and explained previous action taken on the Genie Fund Budget. He noted that after the preliminary levy and budget were approved by the City Council at the Regular Meeting on September 7, 1999,that information had been certified to Dakota County to be used for Truth in Taxation notices. Mr.Hedges explained that included in the materials for this Special Meeting was a recommendation for the same budget total of$18,2%000 previously presented,with all adjustments having been run through the Contingency acg.06nt. The adjustments consisted primarily of corrections to the prelimjr_ary. ,q�ument.9xcept for the increase to the 4'of July fireworks allocation increasing thaGtt !€# tiit$ tb$20,000 and the insurance premium changes resulting from new info 'tf�ontmgency account was now at 2% of the operating budget,which is within the City Counci:Odeline, and that a History Committee. budget will be proposed when received resulting in anotic adjustment being made to the Contingency account. There being no further questions or comments the City Administrator noted that the budget will than be presented in this manner at the Truth in Taxation hearings in December. EAGAN SPECIAL CITY COUNCIL MEETING MINUTES;OCTOBER 26, 1999 PAGE 2 PUBLIC UTILITIES BUDGETS City Administrator Hedges stated that 'Ge of these operations is to provide utility service to customers. He noted that no additional personnel were being recommended for any of the utility divisions. Water Mr. Hedges noted the continuation&W* i iArft ding program and the success of that program. He also explained the reductio11 d%ebt serg costs resulting from a bond issue -being called and another issue being refunded;'.`•• "" Sanitary Sewer _ City Administrator Hedges explain4t#it7ie majofi .'o#'the cost associated with the Sanitary 1 Sewer utility was for treatment of the sewage and the Metropolitan Council Environmental Services Division handles that. The City's costs relate primarily to the local collection system. The City Council had no questions about either the Water or Sanitary Sewer utility budgets. Street Lighting; Mr. Hedges noted that the Street Lighting'ii ;;''''' ,primarily as a past/through operation providing for energy costs for the operatiFi.0 of interseC6ons,neighborhood and some stop lights in the community. In addition some admWstrative;:c,1s :AAt. 'charged to this utility. The City Council had no questions iLighting utility budget. Storm Drainaee/Water Quality Mr. Hedges explained the background of this utility operation and the Water Quality Management Plan. He pointed out how valuable the program has become to the City through its educational component. He pointed•P th4tb;;4najor.pM'pn of the budget increase has to do with an increased allocation for ch o t e'.ti W'td primarily in Fish Lake, although other water bodies are expected to be*nefit*fro"m'*!e"use'of additional chemicals as well. He explained that no additional staff is being pro ' d for the;utility. Mr. Hedges pointed out the background information on the cash flow of tli ility an *w the capital program has been incorporating a.pay-as-you-go funding proceskee: The City Council had no questions about the Storm Drainage/Water Quality utility budget. Mayor Awada:inquired about when the enterprise fund budgets would be formally approved and City Administrator Hedges responded that that would beg1pike in December after the Truth in Taxation hearing at the same time that the General Fund get was approved. CIVIC ARENA BUDGET City Administrator Hedges provided an overview on th :,�,','kground of both arenas; He noted that the issues being responded to and incorporated into* ie.budget for the newer East Arena result from a change in how the facility was originally contemplated being used. While the original use had been defined as providing for a practice facility,it was now hosting tournaments and other similar activities requiring improvements such as better seating and heat. Mr.Hedges noted that the proposed year 2000 Arena budget incorporates both debt service payments and the 1 EAGAN SPECIAL CITY COUNCIL MEETING MINUTES;OCTOBER 26, 1999 PAGE 3 # renewal and replacement funding atdeviously approved&W.Jhe City Council. He also explained that the newest program incorporate4. to the Arena operatgns was the acquisition and utilization of artificial turf for potential athletic*#:-Well as recreatio Activities. He pointed out that the estimated revenues for the arena operatS ?f; t0 include$13,600 from this new program. It was noted that the estimated•*ci ijcj [6V of$70,000 for the artificial turf had been a part of the Advisory Parks Commission's recommendation for the 2000 Part III Capital Improvement Program that will be considered for final approval in December. The funding for the capital acquisition is proposed to be provided from the Park Site Acquisition and Development Fund. City Administrator Hedges pointed out the•ada.g info on that was provided in the packet about the Leam to-Skate program that has bee; .very successi`u1. He also noted that the budget was currently out of balance by$9,600 and :that held be correcting that imbalance,as his practice is to submit only balanc :{tifcdCi:#jsi? `f,`�'ouncil for consideration. X. X. Councilmember Blomquist inquired about when the City will decide on the artificial turf question. Director of Parks and Recreation Vraa explained that the Advisory Parks Commission had already decided on recommending the installation to provide for the additional recreational activities. He further discussed the concept of an indoor park in the arena. He stated that there would be no program cost associatgdvigh recreational programs provided as programming through the General Fund. Other sQccer, softball,baseball, etc. would pay an hourly fee. Those types of users generat i"ii i i nservative revenue estimate of$13,600 for the year 2000. •• ;, Councilmember Carlson requested an and items and asked questions responded to by Director Vraa. She asked about if iri'tlie East Arena and that has been installed. She asked about a bleacher upgrade. Tl 'response was that it has not been completed and is not incorporated into the proposed budget. The proposed budget continues the use of temporary bleachers as in previous seasons. She asked about the sound system and the response was that it has been installed. The fourth item•was an additional clock. It was noted that the first clock was donated and a second clock was nox.��Luded g.#m�ZopQ$ed budget for the year 2000. Councilmember Carlson expressed her concern i....Ab arena should be for ice first and that ice related enhancements should be taken care of bftre the moves into other areas such as artificial turf. She noted that the skate tile aroti the ice:}:okay and no additional flooring is necessary. Councilmember Bakken inquired daf3iow far g the procurement process is on the acquisition of the artificial turf. Director Vraa respondedt all contacts have been preliminary only and have been for the purpose of developing cost estimates. He noted that there is a time delay of approximately 90 days for delivery of the product. Councilmember Bakken finther inquired about the newer turf product being utilized by the National Football League to reduce. injuries and related liabilities. Director Vraa explained tt;he was aware of the product,however it is considered to be a more permanent application thangitemplated for the arena. Mayor Awada inquired about the Ct**W-kh*:94�# ':ft**k and the bleachers. Civic Arena Manager Vaughan responded that a ct&' $2,500 to$3,000. Director Vraa responded that the new bleachers meeting the year 2001;:Bdard with the same seating capacity currently available would cost approximately$15,000. bW:-:-:- cilmember Carlson suggested that renewal and replacement funds be used to acquire the clock and the new bleachers. Mayor Awada inquired if funds are available to finance the acquisition in that manner. Director of Finance VanOverbeke responded that the City would essentially be under funding the renewal and replacement account for the year 2000 which the City Council could decide to do through the EAGAN SPECIAL CITY COUNCIL MEETING MINUTES;OCTOBER 26, 1999 PAGE 4 budget approval process. Councilni er Bakken raised t#��:tluestion about the risk to the operation of under funding the renev4and replacement account with the expectation that the payback on the capital investment wWA.be beneficial npt3i�7ong term. Director Vraa discussed the economic impact of tournaments tiugh increasing the use of the facility. He said that there is an obvious benefit i6 to the community in increasing these activities. Mayor Awada moved that the new bleachers and clock be purchased through using the renewal and replacement funds to be replenished over a period of time. Councilmember Blomquist agreed that this should be done and noted that the bleachers can be used for other events as well. The only problem shy s,,.ies u.ibgie,iuc a s9 in capital equipment requires even a greater dedication to the required g i? d9i L; placement. Councilmember Masin seconded the motion and it passed unanim--,W Councilmember Bakken inquired about the `margin:i i lRied foods suggesting that it was greater than on certain other food items::;i�fi'oi at 'SAaa.d'¢ KIrred, although he noted the caveat that there is a,greater concern with vtt*it2i tha�� i#'product. Mayor Awada expressed a concern about the nutritional value of the food offered in the concession stand at the arena. Councilmember Carlson expressed a desire to see profit margins on sales. Director Vraa stated that staff is analyzing results from Cascade Bay to determine profit margins and other information to assist in esublishing an appropriate product offering. He noted the importance of offering what the customers desire,that therQ:be an adequate return on sales and the impact on the bottom line of both the product and the ove%r£ fly labor,to sell the product. Councilmember Bakken inquired about when fried foods'wr`fl e; -JWe;at the arena and Manager Vaughan responded that:they were as of last Friday;:;COIInCi'�ii'lBitlber.�arlson inquired about the possibility of offering in-;line skating on Friday nigl4_&oiiKb.Px WW Recreation. Director Vraa responded thatit is a potentially succesG}; 'a one time event. Councilmember Carlson also inquired about the possibility of j eft# :4eason passes for public skating. Director Vraa responded that as an alternative discount passes were used. He expressed his concerns about the expectations for specific times always being available that is typically generated from holders of season passes. Councilmember Carlson noted that she is not interested in utilizing more staff to further protect the entrances to public skating. She offered alternatives such as hand stamps and lift ticket type passes as an inexpensive;l;?e1.hot tq)reduce the number of skaters entering public skating sessions without paying. There were no other questions on the Civic Aretitbudget. :an the operations of the arena complex. AQUATIC FACILITY BUDGET • .••. City Administrator Hedges introduced the Aquatic Facility Budget by noting that he had failed to mention during the discussion on the Civic Arena Budget the proposed addition of one employee to be shared between the two facilities. He explained the:hgefit to both facilities in adding the position. Mr.Hedges went on to cover certain of the budge;considerations highlighted in the budget narrative. Those included the fpLct;tb4l:.the•proposga budget is based on only 2 1/2 months of operation from the 1999 season, ;i�ztt''f complete because of the overlap of the operating;season with final cdi''frtiicff61,1 tl2diiiiri 4be the 2nd season is underway,there is a proposal to add payment of sales tax on season passes,tlgaetK are capital outlay items included in the proposed budget and both debt service and renewal ac7 eplacement allocations are budgeted. City Administrator also pointed out the proposed rate change on daily passes and the non-resident season pass as options to increase revenues and/or utilization at less popular times. EAGAN SPECIAL CITY COUNCIL MEETING MINUTES:OCTOBER 26, 1999 PAGE 5 .... ..... Councilmember Blomquist inquirectiout the number of mon passes sold for the 1999 season. Director Vraa answered that 8,100 been sold. Mayor Awada stated that she felt there were three issues related to the proposed bjcg�t for discussion he City Council. Those issues are 1)sales tax,2)rate increases,and 3) In the area of capital outlay,consensus was reached that the proposed cost of the computer replacements were too high and needed additional study before allocations would be included in the 2000 budget. Concerns were expressed about the short season and getting maximum utilization out of the technology with.tbe.suggpA __gvjew computers be placed elsewhere and used computers be recycled to Casci;#la}?i::? 'tit:si ?4 potential up grades were also raised. Consensus was also reached that a use :$¢lf cart s4Wd not be purchased to transport bus .drivers back and forth from the bus parking af$t:John Nei nn Church and that other means to address this problem should be considered. IES noted #:the City currently uses a pager system to notify bus drivers of their c}:Lc fiepo #lt.C:tJ� b Bay. The issues of sales tax, daily pass rates and selling season passes to non-residents were next discussed. Mayor Awada expressed surprise that the City had to pay sales tax on the admissions. Councilmember Masin inquired about how often when you buy tickets do you pay sales tax with the answer being that you always do,it's just included in the ticket price. Councilmember Bakken stated that we need to raise;} ips somewhere and adding the sales tax to the ticket price and rounding off the total price aloAg; t#i ding the breakdown on the ticket was a reasonable solution. Councilmember Blomquist st deknew we were paying sales tax and the main objections were to the cost of daily t #es nottWtiri passes. She said there were problems with daily admissions having to stand ' Ms; chit said she doesn't want to increase daily pass rates. Mayor Awada noted that i $: cixiiht was on getting residents into the facility and the complaints she rete} <7a$om non-residents being unable to buy season passes. Councilmember Carlson nolt3'that she likes non-resident passes after 4:00 p.m. Director Vraa suggested that there is capacity to sell additional season passes. He said that on the highest usage day there was no line due to how customers came and left through out the entire day. Director Vraa made the point that tfiere should be improved marketing to balance utilization and that there is capacity for more seasou.pgsses;; �suggested that there could be a mark up for non- resident season passes and that ited. Councilmember Carlson noted her concern with season pass holders}iaviiig to".*iV VMR6 enter the facility. She went on to say that she was not comfortable with the deci8s tonigj She noted that season pass revenues were dropped considerably in the proposed butand inred if that was because of what she was hearing that numerous residents were not:ggig to red. their season passes. Director Vraa responded that the changes in estimated revenues resulted-}7simarily because the 1999 estimates were made before the Council established certain pricing policies and were not revised. He noted that the average price collected per season ticket holder turned out to be approximately$33 and was considerably less than originally expected. He said that non-renewal statistics say there will be about 15%who do not renew their season passes,hov: gger there will also be another group of first time season pass patrons. Councilmember Carlson sigested another season pass idea of selling non-resident passes only after 'ia certain date alloWilg residents to make desired purchases before non-residents were allowed ti3k3i: nq} :purchases. Given the time, Mayor Awada noted that issues of openiWearlier(10:00 a.m.),desired improvements in food service and additional lawn chairs i iaining open for future iiiscussion. Councilmember Bakken moved and Councilmember Carson seconded a motion to continue the balance of the Aquatic Facility budget and the discussion on"Roundtable and Additions to Department Head Business"to the November 1, 1999 Special City Council meeting agenda to be EAGAN SPECIAL CITY COUNCIL MEETING MINUTES;OCTOBER 26, 1999 PAGE 6 discussed if time permits. Councilber Carlson requesahat the earlier opening time and the computer issue come back for mq a discussion. The motion passed unanimously. The other business item was continued to the November 1, 1999 Special City Council meeting by the previous action. The meeting adjourned at 6:15 p.m.to allowtlity•Cou0 Chambers to beset up for the Advisory Planning Commission meeting. ::N • EJV October 26,1999 )Jute City Clerk MINUTES OF THE SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN,MINNESOTA November 1, 1999 A special meeting of the Eagan City Council was held on Monday,November 1, 1999 at 4:45 p.m. at the Eagan Municipal Center building. Present were Mayor Awada and Councilmembers Bakken,Blomquist,Carlson and Masin. Also present were Director of Public Works Colbert,Director of Finance VanOverbeke,Assistant City Administrator Verbrugge, Director of Parks and Recreation Vraa and City Administrator Hedges. AGENDA City Councilmember Masin suggested that Item 2,Council Update, of the Administrative Agenda for the regular City Council meeting on November 1,be added to the Special City Council agenda for consideration during discussion of Item V,Roundtable&Additions. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the agenda as amended to include Council Update as Item 1 of Other Business. Aye: 5,Nay: 0 COMMUNITY FACILITIES LAND AC 1 I�T TASK FORCE REPORT City Administrator Hedges provided an .ew the Community Facilities Land Acquisition Task Force meetings that were hel ptember and October. He further reviewed meetings that have been held with h Airlines,Unisys and Lockheed Martin to explore public/private partnerships tha b the City and the neighboring corporations if land is acquired for a central park. state t ff will present drawings of the proposed parkland followed by a presentatio ask F ce members. Director of Parks and Recreation as reviewed several drawings that provided topography, elevations,wetlands(including the 100 year flood plain),also analysis of trees and an overview of the entire proposed central park development. Director Vraa stated that the drawings were prepared by George Watson representing Brauer&Associates. He further discussed a location of the fireworks explaining the need for an appropriate safety zone. Director Vraa completed his presentation by reviewing the program elements such as space for a proposed Community Center,band shell, athletic dome and other similar uses. Mike Ferber,a member of the Task Force,was first to speak stating that the use of this property is supported by the Task Force as a community gathering place. He stated that the land acquisition should be extended as far west on the property to link Quarry Park. Mr.Ferber stated that some members of the Task Force would propose acquiring the entire 80 acres,however,the group consensus is 45 acres with the very least amount considered for acquisition to be 34 acres. Mr. John Willenberg, a member of the Task Force,addressed the Council stating that he is a 23 year member of the community and would encourage the City to purchase enough property to plan for the future 15 to 20 years,adding that even if the property is not developed right away, owning the property would be important to the community. Special City Council Meeting Minutes September 23, 1999 Page 2 ? Mayor Awada asked about trails and access between the band shell and Community Center. Councilmember Carlson asked about the additional seating at the amphitheater. Task Force member Ferber stated that there is a trail connecting the band shell and Community Center and also that the amount of seating is possible due to the natural topography of the property; however,in order to locate the band shell,it would be necessary to acquire property from Unisys. Councilmember Blomquist commented on the proposed central park area and remembered a time when the Minnesota Orchestra, sponsored by Sperry Corporation,played a community concert. Lee Markell, a member of the Task Force and Chairperson of the Advisory Parks Commission, along with Mr. and Mrs. Walter Lawrence discussed senior needs. Shirley Lawrence, a member of the Task Force,presented the many locations that are currently used to hold senior meetings and stressed the need for a central location for seniors to meet on a regular basis for potlucks, cards,provide storage and other opportunities. Mayor Awada asked if the location for the proposed central park is a good site for the seniors. The Lawrences stated that the location is excellent in the center of the community and further emphasized the need for a facility that the seniors can use on a regular basis. Councilmember Masin asked if there is a senior center, could community education monies be used to fund operations or capital. Director of Parks and Recreation Vraa stated that he was not certain whether they would be applicable,but would research the question. Councilmember Carlson stated that she has looked at community centers with members of the EAA and the level of a49V by seniors is quite high. Councilmember Carlson stated that she wou . e to eep all the development on the north side of the proposed ring road. Mayor Aw ate at as a part of the ring road design, pedestrian crossing should be considered from Martin to the park site. Judy Stewart, a member of the Task Force and representing t a ioness,also supported the need for a central location for community festival a e "'of July celebration. She also supported the proposed proposal for a comm ' cent to g that additional facilities for banquets, community wide displays and ma er use re needed by community groups. She further stated that this land is one of the final p s vailable in the City and it could be used for a central park and the City needs to acquire t land at this time. She further stated that the site could be used year round for various community festivals and events. Ann Carlon, a member of the Task Force and Executive Director for the Convention and Visitors Bureau, stated that she likes the concept,however,would suggest that the band shell be located closer to the Community Center. She also stated that she is a member of the Rotary Club and the committee responsible for proposing the band shell. Councilmember Carlson asked about the land area west of the proposed Comrr►unity Center and south of Northwest Airlines and if a golf driving range could be designated on that property as a temporary use that could generate funds for future development options. Clyde Thurston, a member of the Task Force, shared background on the efforts of the Central Area Task Force that considered a community park for community festivals at the time the Eagan Promenade was being considered and, since that did not occur,he looks at this site as a last chance opportunity to create a central park for those purposes. He stated that the City should look at acquiring;the west portion of the property up to Quarry Park for future use, further commenting that this land area will help bring the community together for the many festivals and other uses proposed for the Community Center,band shell and other development potential. Cathy Clark, a member of the Task Force,representing the Economic Development Commission, stated that this property is a jewel and could be used as an economic development Special City Council Meeting Minutes September 23, 1999 Page 3 tool for corporate promotion and is what the business community looks at for future business expansion. She further stated that acquisition of this property for a central park is a real vision and will attract others to spend money in the community and that we need to think beyond today and plan for this facility. Councilmember Carlson asked if the Community Center should be large enough to include banquet facilities. Task Force member Clark stated that in her opinion this would be a strong asset to companies as they continue to have needs for banquet type facilities, especially with kitchens. Mayor Awada returned the discussion to the City Council regarding the recommendation of the Task Force to acquire property for a central park that is currently under contract with Duke Weeks Realty. Councilmember Carlson stated that staff should continue working with the corporate neighbors to determine their needs if the City acquires the property for a central park. Mayor Awada stated that it is her hope to have recommendations from the adjoining corporations within the next two (2)weeks. Councilmember Blomquist asked about the plans Duke Weeks has for development of the property. City Administrator Hedges responded by summarizing their preliminary development plans that include two(2) office buildings,two (2) office/warehouse buildings and some retail adjacent to Yankee Doodle Road. He stated that their preliminary plans make exception for the City to develop the central park and assume acquisition of the Perron property as part of the development proposal. Mayor Awada stated that she is very supportive of the Task Force recommendations and would like to ate with the neighboring corporations to determine what can be donated and shared under b vate partnership and also pursue various methods to acquire the property. Councilmember Bakken suggested that tffbc be deferred to the November 16 regular City Council agenda for further deliberation ommented that the land acquisition is a large investment for the community,b e 'nvestment especially for the future. Councilmember Masin stated that it ' impo t t at the City proceed ahead with consideration for the central park. Councilmem omqui agreed with the proposal and indicated that the City should consider all of its financial for funding acquisition of the central park. After further discussion and in a motion by Co lmember Bakken, seconded by Councilmember Carlson with all members voting aye, direction was given to place the Task Force recommendation regarding the Community Facilities Land Acquisition for a central park on the November 16 City Council agenda. Paul Teske,a member of the Task Force, asked if he could comment. He suggested that the City acquire enough land for future development purposes pointing out that due to the 100 year high water levels,much of the land could be under water and not be buildable. Mayor Awada stated that this will definitely be taken into consideration as the City pursues its land acquisition alternatives. Mayor Awada,on behalf of the City Council,thanked the Task Force for their meetings, findings and recommendation. Councilmember Carlson stated that as a suggestion, it might be well to consider that this Task Force be renamed and meet as the Central Park Task Force once the land is acquired by the City. Councilmember Blomquist agreed and also suggested that the History Committee be represented since they also have space needs that could be included in a Community Center building. PROPOSED AQUATIC FACILITY FUND PUBLIC ENTERPRISE BUDGET 2000 City Administrator Hedges stated that at the last Special City Council meeting held on October 26,there were four(4)policy issues to be further addressed by the City Council. He Special City Council Meeting Minutes September 23, 1999 Page 4 stated that 1.)hours of operation,2.)changes/improvements in food service, 3.) seasonal and daily passes including a policy issue of non-residential season passes, and 4.)questions regarding certain proposed capital purchases. Mayor Awada asked if Councilmembers were in agreement with the explanation staff provided regarding capital outlay and the food service. She recognized a consensus by the Councilmembers. Councilmember Carlson moved and Mayor Awada seconded a motion to change the hours of operation at Cascade Bay to open at 10:00 a.m. in the 2000 season. Councilmember Masin stated that staff research has supported 11:00 a.m. as the appropriate time to open and questioned if the Council should consider their recommendation. Director of Parks and Recreation Vraa stated that according to staff's research, 11:00 a.m. is an optimum time to open t will like in terms of statin that the habits of potential users is to determine what he da i be g P Y sunshine and temperature which is better established at 11:00 than 10:00 a.m. and, further,that in order for Cascade Bay to open at 11:00,the staff is currently arriving at 6:00 a.m. which would need to be moved up to 5:00 a.m. He further stated that there are some additional costs associated with starting one hour early and that most cities that were surveyed that have aquatic pool facilities open at noon with the exception of Apple Valley and Eagan. Councilmember Bakken suggested that the hours of operation be determined by staff. Councilmember Carlson suggested that the motion be modified to include a 10:00 a.m. opening during July which is typically the hottest month of the summer and appears to have p Woccording to the 1999 records. She further stated that this would help spread out users suggesting that some parents with small children may use the facility from 10:00 oon and then leave Cascade Bay for lunch and children's naps during the afternoon. cil ber Blomquist stated that it is important not to confuse the users of Cascade Ba ing two(2)different opening times and, in any event, any change in the hours at Casc e B ould require adequate public education. Councilmember Masin stated that if it i e the City Council to open earlier and incur additional cost,the Council needs to sume p sibility for that additional operating expense. After further discussion, Council r Carl n moved to amend her original motion, seconded by Councilmember Bakken that staff re c urther options for a change in the hours of operation. All members voted in favor of t amended motion. Mayor Awada asked that the City address season and daily passes including the policy issue of non-residential season passes. In a motion by Councilmember Bakken, seconded by Mayor Awada, a motion was introduced that would forbid the sale of season passes to non- residents,but would include an additional cost for sales tax on both season and daily passes. Councilmember Masin asked if Richfield and Bloomington allow Eagan residents to purchase season passes. Aquatic Pool Facility Manager Organ responded yes. Councilmember Carlson stated that she would not be opposed to considering the sale of non-resident season passes after a certain date in June if the proposed number of season passes are not sold out to Eagan residents. Councilmember Bakken stated that he would like to refrain from selling any non-residential season passes for one more year and would support an increase in the season pass and daily pass ticket sales by adding an additional amount equal to sales tax. Councilmember Blomquist said she could not support an increase in the sales tax. After further discussion,Mayor Awada called the question and the motion failed with Councilmembers Bakken and Carlson voting aye and Mayor Awada and Councilmembers Blomquist and Masin voting nay. Mayor Awada asked that the motion be separated to consider sales tax and non- residential sales and in a motion by Mayor Awada and seconded by Councilmember Bakken, a motion to approve the addition of sales tax to both daily and season passes would be in affect for Special City Council Meeting Minutes September 23, 1999 Page 5 year 2000. The motion passed with Mayor Awada and Councilmembers Bakken and Carlson voting aye; nays, City Councilmembers Blomquist and Masin. A motion was introduced by Councilmember Carlson, seconded by Mayor Awada that the City consider the sale of non-resident passes after June 20,2000 if the final number of season passes has not been fulfilled by Eagan residents. Councilmembers expressed an interest to discuss the motion. Mayor Awada indicated that time had been exceeded for the Special City Council Work Session and as a result,Councilmember Carlson withdrew her motion understanding that the issue would be addressed at a future Special City Council meeting. ROUNDTABLE&ADDITIONS TO DEPARTMENT HEAD BUSINESS In a motion by Councilmember Bakken,seconded by Mayor Awada, with all members voting in favor,Item V,Roundtable and Additions to Department Head Business and Other Business, Item I, Council Update were moved to the Administrative Agenda as a part of the November 1 regular City Council meeting. OTHER BUSINESS There being no further business,the meeti )�ed at 6:15 p.m. THL Date City clerk MINt1 TIES< t: k2Ai# 3 G OF THE s LIGAN CITY COUNJM Eagan,Minnesota �lovember 1,1 :; A regular meeting of the Eagan CityM sjiaK*i on Monday, November 1,1999 at 6:30 p.m.at the Eagan Municipal Center. Present=Wr Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. .�:: Mayor Awada noted that an item regard JZound T"and Additions would be added to the Administrative Agenda. City Administrator Hed&gs stated EE Item C of the Consent Agenda,Final Plat, Aurora Investments, LLC for Ballantrae 2n4 `dition Vi need to be pulled. Councilmember Masin said that she had requested that ftor•° a ' q ,�.;.. t��;s.;lett�;:�i the Cedarvale Task Force be put on the agenda. She further said that she had S{i this;i; gti8st and when she checked last week it was scheduled to be on the agenda. She stated that since it did not appear on the agenda she would like it added to Department Head Business prior to discussion of the moratorium. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 .. X. NU'i?E5 CtT ��. X199}�E. �3I.t�R�v1EETIN Councilmember Bakken moved,Cotitilmember'Catln seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 " T(3 BEHEAR .... Betty Bassett,2101 Wuthering Heights Road and member of the Cedarvale Task Force, submitted a petition from the Wuthering Heights neighborhood requesting their properties be removed from the moratorium. The petition also requested that consideration of the moratorium extension be postponed until after the November 16.pigqftof the Cedarvale Task Force. CONSIDERATION NORM-QRIUM EXTENSION CEDAWHWY.13 RH VELOt ' STUDY City Administrator Hedges provided an overview on this item. Mayor Awada asked how the Cedarvale Task Force members had responded in regard to the timeframe for an extension of the moratorium. Assistant City Administrator Verbrugge stated that;fTask Force members had responded with varying degrees of support for continuing the morator#ytiaiL He said that the moratorium could be extended for 30 days,which would *****­**%­*­­ *r **%T*, F,.grGR­*.W meeting or a 60 or 90 extension could be imposed to allow the City Council a ;'tfte the Task Force's recommendation. Ted Gladhill,Cedarvale Task Force member,stated:#ktt a 90-day extension would provide ample time for the Task Force to complete their recommend}*n. He said that, given the time of year, he did not think that a 90-day continuance would impose a Ki gi-dficant burden upon the property owners in the area. Councilmember Masin said that during a meeting she had last Thursday with the Chair of the Task Force, Assistant City Administrator Verbrugge and City Administrator Hedges it was noted that it was staff's responsibility to coordinate the study with the consultant. She asked why the study had not EAGAN CITY COUNCIL MEETING MINUTES;NQYF,MRE�?.7, PAGE been completed within the six-month timeframe that had been established and also why an extension was necessary. Assistant City Admini*$!Qr Verbrugge saictf iat one reason for the continuance was due to the Task Force's request for the fdx hrid which required action by the City Council to allocate additional funding for the consiialt;: e;cigtfhat the other reason the study was not complete was due to the delay of the open house,IiAer which, the consultant indicated a need for additional time to prepare the draft report. He stated that scheduling problems that occurred with various task force members and the consultant further delayed the process. Councilmember Masin said that/*b0M :aomR.o€:the-Task Force members thought they were rubberstamping the process and that tlW*,.vrtsokft .Ii#tit it5#'ig the information they were presenting. She said that she wanted to ensure that the cons,$ttAt did nib perform any work that was not requested. Assistant City Administrator Verbrugge said thaj.tbbe draft report,as prepared by the consultant and reviewed by staff, reflects the work done by the;M Force.:W noted that each member of the Task Force represents different segments of Att►xcniitf# :atttheir own interests. Councilmember Bakken moved,Councilmember Carlson seconded a motion to extend the interim ordinance (moratorium)currently in effect for the Cedar Avenue and Highway 13 Redevelopment Study Area for 90 days, excluding the improved,residentially zoned properties in the Wuthering Heights neighborhood. Aye: 5 Nay: 0 City Administrator Hedges prbA;an overview on the action being requested to direct staff to provide financial information regarci`in$: nt costs and the use of TIF and.other financing methods, as reflected in the memo to the m Mayor Awada. Councilmember Bakken said that it s urtancial information would be included as part of the overall.report. Councilmember Bakken movoundlmember Carlson seconded a motion to direct City staff to provide financial information regarding redevelopment costs, the use of T.I.F.and various other financing methods to the Cedarvale Task Force for inclusion in their report to the City Council. Councilmember Masin said that it had been clarified to her that a detailed financial analysis was supposed to be performed by staff anf.ft* ? ; i� ? the Council's receipt of the report from the Cedarvale Task Force. Mayor Aw2re -s` *i�• :iit�rie.prudent for the Council to move forward with the study and not know whether the plan w.tp}d be economically feasible. Councilmember Blomquist said that the financial analysis was not' rt of tN Qkgginal charge to the Task Force. Councilmember Bakken stated that the financial Mrmatio"needed regardless of the original charge to the Task Force. Councilmember Masin add4:6f k the 6:4'%** should meet with the Task Force and get their recommendation before any further direction is prel sled. Councilmember Blomquist concurred. Councilmembers Bakken and Carlson amended their motion to direct staff to provide financial information regarding redevelopment costs,the use of TIF and various other financing methods to the City Council. A vote was taken on the motitalon= Ms.Bassett expressed concern about 25 acres of prg . ty near the study area that is currently listed for sale by Collier Towle Real Estate Company. Marls*Krranto stated that only a small portion of the property is located in Eagan. RESOLUTION TO SEEK CRIME PREVENTION AND INTERVENTION GRANT City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES;NOY.EDI$ERIr83 .;;.y., PAGE Councilmember Bakken moved; fiuncilmember Carlseconded a motion to approve a resolution to seek a crime prevention anZtervention grant. Aye: 5 Nay: 0 .4 ,,�,.. �j. A. Personnel Items Item 1. It was recommended to approve the hiring of Deborah Widstrom as a Clerical Technician III/Receptionist at the Maintenance Facility. Item 2. It was recommended to approv6*d*e' . ii£j*efe' :ii5�Gordan Bailey,Daniel Norsten, Nick Boland,Brad Hanson,Sean Cosgrove and Lori Joicg, ks on as clonal skate guards at the civic arena. Item 3. It was recommended to approve the hiring TherestMahon, Nicole Terry,Katie Nelson and Elisa Swenson as seasonal conessi na. Item 4. It was recommended to approve the hiring of Andy Halverson as a seasonal supervisor at the civic arena. Item 5. It was recommended to approve the hiring of Sarah Payne as a seasonal skating instructor at the civic arena. . • Item 6. It was recommended to approve'lte. `'�':Q . yn Streefland as a seasonal parks maintenance X. worker. ' .. B. Resolution calling for a public hearing on ' rqp c adsisted livin facility acility project and a proposed housing program-Dakota Comma' M*§*-oIxsi< •ft was recommended to approve the resolution calling for a public hearing on the givin .Mftbst-lpproval for the issuance of revenue bonds and •.% adopting a housing project and authoriitiing publication. C. Final Plat Aurora Investments LLC for Ballantrae 2nd Addition This item was pulled from the Consent Agenda. " D. Footing and Foundation,permit, GcM,�U 6th. It was recommended to approve a footing and foundation permit for G'o' -Vsrk 6th Addition(located north of Yankee Doodle Road and west of T.H.149 within the SW N:qf Sectio). E. Implementation of the Comprehensive Guide lei AmenA int and Rezoning for Woodcrest Church. It was recommended to implement a Comprehensfvty Guide Vffiii Amendment that would change the Land Use Guide Plan designation of approximately 1.5 acresWland from D-1,Residential(0-3 units/acre)to P, Public Facility located on the northeast corner of Cliff Road and TH 3 in the southeast V4 of Section 25 and to approve a Rezoning of approximately 1.5 acres from A,Agricultural to P,Public Facility and on 12 acres from R-1,Single Family to P,Public Facility on land located on the northeast corner of Cliff Road and TH 3 in the southeast 1/4 of Section a,.tr,;;;: F. Implementation of the Comprehensive GuidePlanAment2riient and Rezoning for MVTA. It was recommended to implement a Compr {c'li •} i; �ndment that would establish a CA, e 'er....:....::.:::...':.,:::. Central Area Land Use Guide Plan de!;W"4p iKi:;a�'soxi tely 4.5 acres of existing 1-35E right-of- way located south of Yankee Doodle Road and between Pilokd�'nob Road and 1-35E in the northwest 1/4 of Section 15 and to approve a Rezoning of approximately,0*ik res from"undesignated" to PD, Planned Development(to allow the establishment of a mixed use,refidf•and transit facility)located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest 1/4 of Section 15. G. Extension for recording the Final Plat,Stark's Addition. It was recommended to approve a five- month extension for recording for the Final Plat for Stark's Addition, consisting of one lot located west of Hwy.149 and south of Hwy.55 in the NW 1/4 of Section 14. EAGAN CITY COUNCIL MEETING MINUTES;NQV1U%1J $;J,J99.9........ PAGE H. Receive petition/order public hear:--drainage &utiht*;,*isement vacation(Gardenwood Ponds 4t',). It was recommended to receive to vacate a.public drainage&utility easement and schedule a public hearing to be held on ,ember 7,1999 1. Receive petition/order public hearing-� ....... tWi2asi;33nent vacation(Brookstone Amcon 15t). It was recommended to receive the petition to vacaWpublic drainage&utility easement and schedule a public hearing to be held on December 7,1999. J. Receive petition/order public hearing-drainage &utility easement vacation(Kingswood Pond 18C Addition). It was recommended to rec**:* gktims:gc: cafe a public drainage&utility easement and schedule a public hearing to be hetA'-©_*i:b�*Q& :?{ A4? ' K.-Project 96-CC, acknowledge completion/autli�(� a City maintenance (Majestic Oaks-Street& Utilities). It was recommended to acknowledge.* i� omp .****leof Project 96-CC(Majestic Oaks-Street t:•:: and Utilities)and authorize perpetual >at�rtt�e.sugt'to warranty provisions. L. Project 97-C,acknowledge completion/authorize City'maintenance(Lexington Pointe 12th Add.- Street&Utilities). It was recommended to acknowledge the completion of Project 97-C(Lexington Pointe 121h Addition-Street and Utilities)and authorize perpetual City maintenance subject to warranty provisions. M. Temporary On-Sale Liquor Licenset ; AdCA and request for waiver of license fee. It was recommended to approve the temporary . ; ' uor.license and waive the license fee for the YMCA. N. Support a1212 cation of a Metropolitan Ri_ onal Arts q ne grant. It was recommended to support the submission of an application for a Me : ts Council Grant. O. Adoption of resolution consenting_€k: ieartsfer of control of and certain ownership interests in a cable television franchise to AT&T Corporation or affiliates thereof. It was recommended to adopt the resolution consenting to the transfer or"change" of control from the current cable TV franchise MediaOne to AT&T. P. Approve agreement and acceptance between AT&T MediaOne and the City of Eagan as it pertains to the transfer of control. It was recoiiy� to-...........t agreement and acceptance between AT&T, MediaOne and the City of EagW*dht:;S:ft :execution of the agreement and acceptance by the City. Q. License renewals for the year 2000, trash hauQ.,*iree corib*tor and tobacco licenses. It was recommended to approve the license renewals fdAge year 9, trash hauler,tree contractor and tobacco licenses. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 CERTIFTC" 9"" 'T iTTII.ITIES City Administrator Hedges provided an overview;q] •-his item. Mayor Awada opened the public hearing to anyone Wishing to speak. There being no one, she turned the discussion back to the Council. Councilmember Bakken moved,Councilmember Carlson seconded a motion to close the public hearing and approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEE'T'ING MINUTES;NOYF,.MBFRit l ;; PAGE VARIATE,BRANDT ENGRING LOT 15,BLOCK 1,GARDENL OOD PONDS 3RD ADDITION(882 OAK COURT) City Administrator Hedges provict , t_oex ':b?k• s item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Councilmember Bakken moved,Councilmember Carlson seconded a motion to deny an 8-foot Variance to the 30-foot side yard setback:'":v'* ( .' "qi. *blic street)for Lot 15,Block 1, •::•:• Gardenwood Ponds 3rd Addition located in e- }:4*1* Si�t?i�13. ' Councilmember Bakken stated that the Cq*jicil has historically approved variances for valid hardships such as meeting ADA requirements, *ftving trig$:or wetlands or for the development of difficult topography. He further stated#i €: Marri tt icl;i b't exhibit an appropriate hardship and the only constraint is the design of the hc; e'I*T*e expi'& tern for the precedence that would be set if the Council approved this variance. Councilmember Carlson concurred. Councilmember Masin said that the proposed house is consistent with the other homes in the area. Ray Brandt, Brandt Engineering,said that curved alignment of North Ridge Drive will make the proposed setback unnoticeable. Councilmember Blomquist askeci�if it: vLc�k •Eeasible to turn the house to face_another street. Mr.Brandt said that the house could only face IVottlf# :prive or Oak Court,which would significantly reduce the size of the back yardouncilmembR ;4?arlson suggested building a different style house on the lot. Dal DeWolf,1530 Thomas Laky ?iD,&A,�'9ted that a deposit was put on the lot in July and later it was determined that the required setbairk was 30 feet instead of 20. He said they spent a significant amount of time and effort working with the developer. There being no one else wishing to speak,Mayor Awada turned the discussion back to the Council. Several Councilmembers comifieW&diff Ite#`ac' fi t:fs parcel has street frontage on three sides and that the applicant had explained a unig0:hardship :•: A vote was Taken on the motion. Aye: 1 day: 4 (M3 r Awada,Councilmembers Blomquist, Carlson and Masin opposed) The motion failed f6t'iack of a oriry. Mayor Awada moved,Councilmember Carlson seconded a motion to close the public hearing and approve an 8 foot Variance to the 30 foot side yard setback requirement(from a public street)for Lot 15,Block 1,Gardenwood Ponds Yd Addition located in the NE 1/4 of Section 23. Aye: 5 Nay:.0 VARIANCE,BRANDT EN LOT 8,BLOCK 2,GARDENWQQD.PQNDS 4TH A'DbMON(3877 TIMBER TRAIL) City Administrator Hedges prdtrit#ei�` i`i'irdaf�ic�oirhis item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyoneotivishing to speak. Ray Brandt, Brandt Engineering,said that the proposed house design does not fit on the site. Mayor Awada suggested turning the house,which would only require a three-foot variance. EAGAN CITY COUNCIL MEETING MINUTES;NOVEMBER 1,1999 PAGE Mayor Awada moved,CounciiNer Bakken secoii�eii a motion to deny an 8-foot Variance to - the 30-foot side yard setback requirem�gt (from a public stre6f5lor Lot 15, Block 1,Gardenwood Ponds 3rd Addition located in the NE 1/4 of Sec* rt.23. Mayor Awada stated that hardshi: kfi32 } Aven since the lot is not surrounded by streets on three sides. -•• A vote was taken on the motion. Aye: 5 Nay: 0 ......................................... ....................................:... FINAL SUBDIVISION OL AGE DEVELOPMENT City Administrator Hedges provided arxQ rview og�c,':tt'Sis item. Councilmember Bakken moveii $Silegion seconded a motion to approve a Final Subdivision for 23 single-family lots and one outlot on f YT acres,subject to the following conditions: General C:onditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on Februar.'3;;.J�93: B2, B4, C1,C2,C3, : .- 2. The property shall be platted;: 3. Architectural designs4k�S{cliction methods for new construction within the development should i>;ceoiporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA(DNL level minus required dBA level). This noise-attenuation requirement shall be recorded against each lot as a notice to buyers and builders. 4. Lot 6 shall provide a ritriiii:se ;i, ••i: #+aitk of 15 feet for the existing structure. Storm Drainage 5. The developer shall obtain MnDCb'$ermit ::::::::'oval for the proposed storm water discharge into the Hwy.55 right-of-way. •••- Water 6. On-site ponding shall be constructed to treeit.runoff prior to discharge to Pond GP-2. The pond shall be in the location shown ontW:preliminary grading plan. The excavation of the pond shall include a 10-fode aquatic safety bench extending from the normal water leve ; .v'`ZCbQQ: t .#w-bench shall not exceed 3:1. The pond shall have a mi_nimum::'".V.Q : t Lfi�• and .22 acre-feet. 7. A,cash water quality dedication in lieu of(ijAe ponding shall be required for areas In the development for which stormwater ruiinot treated by the proposed pond. Gradin 8. Prior to final subdivision approval, the developer shall obtain a grading easement from the property owner of Parcel 010-06 for the proposed grading of Chapel Lane. EAGAN CM COUNCIL MEETING MINUTES;NOVEMBER 1,1999 PAGE Utilities ... ..... 9. The existing sheds shall;#se.iremoved and allweUs and septic tanks abandoned and capped according to Dquirements. Access/Street Design 10. The developer shall obtain the required right-of-way along the south boundary of Parcel 010-06 to accommodate the Chapel Lane extension prior to final subdivision approval. Easements/Rights-of-Way/Per ;.. . 11. The development shall dedicate rt'iActed acOm along the entire length of the subdivision adjacent to Hwy.55 -of-wa ;.as required by the Minnesota Department of Transportation. Tree Preservation 12. A revised Tree Mitigation/Landscape Plan shall be submitted that includes the following changes: 13. To help prevent future 4411ation by insects(yellow-headed spruce sawfly in particular), the row of$ k: $3.; pruce trees along the east and south property lines should be broken up with ofiei cssti}` dfor deciduous tree species or with clusters of trees with adequate spa cix -betwe 14. Substitute more shade tolera'it!.p> $ f oi'deciduous trees for Black Hills Spruce on the south property][Jim 15. Heavily landscape the area on top of the proposed retaining wall,behind Lot 9, to serve as the safety screening for this six-foot retaining wall which is located adjacent to the park dedication land. „ 16. Strategically cluster thq. pc }.baudey4i.,i�rees into areas where they will serve as ••. buffers from road traff ';: �•.R::.# ,sirs should be laced on the outside curves of the two road lanes and the 6'9-fie-sac. 17. The Tree Inventory/Tree Presery Plan sp*.h be revised to show the correct placement of tree protection fencii**g:`t the pe 4fteter of the Critical Root Zone as defined by the City ordinance. Tree Protecii ►easures(i.e.orange colored silt fence or 4 foot polyethylene laminate safety netting)shall be installed at the Drip Line or at the perimeter of the Critical Root Zone,whichever is greater, of significant trees/woodlands to be preserved. 18. The applicant shall contact the City Forestry %m* ion at least five days prior to the issuance of the grading permit to ensure coiJ�33ance with the approved Tree Preservation Plan and gateeot;tl .�;re�.p;otection Fencing. Park and Trail Dedications "` ""' """" "'•• 19. This development shall be responsible for a:pa"c land dedication consisting of Outlot A (1.07 acres). The developer shall convey Oudot A to the City fee and clear of all encumbrances and shall be responsible to record the conveyance with the plat. The developer shall provide the City with evidence of clear title to the property prior to conveyance. EAGAN CITY COUNCIL MEETING MINUTES;NOVEMBER 1,1999 PAGE 20. Trails dedication shallN; ed through pZvlyipi ent of a cash dedication. The cash trails dedication is payable prior to release of the fW plat for recording,at the rate in effect at that time. pp :•%Kice the minimum front and setbacks from 21. To recommend approval L� " ,�#�: Y 30 feet to 25 feet for Lots-1 �'aiF#£ots��-23,and from 30 feet to 20 feet for the remaining lots in the development. 22. To recommend approval of a Variance to exceed the maximum 8% street grade and construct the street with. es:of u to.; Qq�::•; Aye: 5 Nay: 0 OFf M kL MAP: City Administrator Hedges prow *i•ov *fi:Ihis item. Director of Public Works Colbert gave a staff report. He stated that Larry WenOQ requested that the Official Map be cancelled. CoundbrLember Blomquist moved,Councilmember Masin seconded a motion to continue Official Map#1 (Northwood Parkway)to the November 16,1999 City Council meeting. Councilinember Blomquist star ; t tkt t}1e November 16 meeting the City Council could determine if the Phase H analysis should be cont .. Discussion occurred regarding the j# 3pose•e1 ;tom Sfe H Analysis and what governmental entity is responsible for its preparation and 05 ;:;:::. CouncibxLember Bakken said that iE would be in the best interest of the City to approve the Official Map and the environmental study given the history of the past negotiations. Councilmember Blomquist reiterated that Mr.Wenzel had requested a two-week continuance to allow him to meet with staff to determine if the revised plan for his subdivision is acceptable. Discussion occurred re ardin : elation of the MnDOT and Wenzel sites and g `•'''' 7omquist stated that the City should who would be responsible for the cle .$ cooperate with IVLr.Wenzel and grant the continuance. MayoX.Awada concurred but suggested the City proceed with the Phase 11 Analysis. Councilmembers Blomquist and Masin aid to apd their motion to include authorization of the Phase H Environmental Site Assessment A vote was taken on the motion. Aye: 3 Nay: 2 (Mayor Awada and Councilmember Bakken opposed) Bi3'SIlY . CONDMONAL USE PEFRY EPISCOPAL CHURCH City Administrator Hedges provided an overview o Phis item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow construction of a pylon sign on property located at 4180 Lexington Avenue,legally described as Lot 1,Block 1,Episcopal Church Addition,in the SW 1/4 of Section 23 subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES;NOVEMBER 1 1999 PAGE r 1. This Conditional Use Pi• kit �shall�be•recorde&k Dakota County within 60 days of approval by the City Ciiriiicii. •••• y 2. The pylon sign shall be lb to iA in the sopa portion of the site,as shown on the site plan received 9/21/99. 3. The pylon sign shall comply with the sign plans received 9/21/99. 4. Landscaping consistent with the landscape plan dated 3/19/99 shall be implemented with the installation of Aye: 5 Nay: 0 ..... REZONING-ROC4'd• t4c DIAN��,r,:ALTOBELLI City Administrator Hedges provided•an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Councilmember Masin seconded a motion to approve the Rezoning of 11.5 acres of land from A(Agricultural)to R-1 (Single Family)located south of Deerwood Drive between Pilot Knob Road and DSC Avenue in the southwest'/a of Section 22. Aye: 5 Nay: 0 INTERIM•USEL-MART City Administrator Hedges providec: n 0vex+!ii%d< 1.tis item. Senior Planner Ridley gave a staff report and said that staff noticed that kdes'a�ready storing a number of containers in the garden center area following the Octob{*.:..: ouncil meeting. He further said that a letter had been sent to Wal-Mart on October 15 no em of the violation and requesting the containers be removed by October 31. He added that as of today,the containers had not been removed. Coundlmember Bakken moved;Councilmember Carlson seconded a motion to approve an Interim Use Permit to allow the outside storage of up to fifteen storage containers within the existing garden center at the Wal-Mart store at legally legally described as Lot 1, Block 1, Town Centre 70 Eleventh Addition sutj.4ftroved by the APC. Councilmember Bakken said that he woufc-Je in fav*N)f altering the time period of the permit to be effective immediately and ending January 1 ; 1Q1. CoA',- Masin expressed concern with Wal-Mart's history of violations. She expressed Cti&m abut ;i a number of containers since the Council had only approved a maximum of three containers ft0.. ohl's for the 1999 and 2000 holiday seasons. Mayor Awada stated her concern with treating Eagan businesses equally. A vote was taken on the motion. Aye: 0 Nay: 5 (Mayor Awada and Councilmembers Bakken, Blomquist,Carlson and Masin opposed) In response to a question,City Attorney Sheldon sta{iitt'that the Council could modify the term of the permit as well as the number oftyifar$:: Councilmember Bakken moved,•Councilmember C#rlspn seconded a motion to approve an Interim Use Permit to allow the outside storage of up to fiftstorage containers within the existing garden center at the Wal-Mart store at 1360 Town Centre DfK legally described as Lot 1, Block 1, Town Centre 70 Eleventh Addition subject to the following conditions: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. 2. The Interim Use Permit shall terminate January 1,2001. EAGAN CITY COUNCIL MEETING MINUTES;NOVEMBER 1,1999 PAGE 10 s 3. The Interim Use Perm%-.4all be subject to ar}ii nual administrative review. The purpose of such review9kall be to determine,Jhat the conditions of the permit are within compliance. Th6: trim Use Permftay be revoked for failure to comply with any condition of the perrhiit; the noncompliance and a hearing by the City Council with all interestec , �: ?iig given an opportunity to be heard. 4. The outdoor storage shall be allowed only between September 15 and December 28 of 1999 and 2000. 5. There shall be no more;:t3 icfi��3l,#hit:Q5 etc g�containers and the containers shall be . located within the fencer#' ea 3aiit; l: ie'�its3ciing. 6. The storage area shall be screeneA:kom viev�;.kom the public right-of-way and other retail areas. Screening shall be_ ed b�: rk green canvas attached to the wrought iron fence. 7. The applicant shall submit a site layout showing how the trailers will be situated within the garden center area. The layout shall be subject to the review and approval of the City Fire Marshal. 8. Access into the fenced•swrage area during the time the trailers are being stored shall be restricted to employeEsEb A vote was taken on the motion. Ave: UPDATE;ON STREET RECOtJCTION/OVERLAY ASSESSMENT/APPRAISAL EVALUATION City Administrator Hedges provided-an overview on this item. Councilmember Masin noted that Tom Radio had removed himself from the evaluation process because of a conflict of interest since he is now representing Councilmembet;.(;. lsau.otR4.=ther.WAtter. She expressed concern with a conflict of interest if the Shenehon Coni ;v-W: •` 'i?€A is e evaluation if they are retained to work on the Louis Lane project. City Administrator He3A811ot'eci'tllat he and Director of Public Works Colbert discussed this situation and did not thi4i*(.ivould) a conflict of interest. He further noted that the City has:not engaged in a contract with t&henehc;c:wompany to perform the work on Louis Lane and they could be removed from the projec ; oundlr>iWber Blomquist said she would prefer the Shenehon Company be limited to the scope of the work on t$&praisal evaluation. Councilmember Bakken said he did not have a problem changing assessors or attorneys in order to avoid a conflict of interest. City Administrator Hedges added that it would behoove the City to use different appraisers for the evaluation and the Shenehon Company will not be used for the Louis Lane project. ROUND TABLE AND ADDITIONS TO DE)?. TMENT HEAD BUSINESS Councilmember Carlson movQ, t c?kken seconded a motion to delete Round Table from all future agendas. ..•., Mayor Awada said that she was in support of deletftRound Table. Councilmember Masin- stated that this body seems to be discouraging open discussion and further stated that time should be allotted for Councilmembers to report about their activities*to the community. Councilmember Carlson agreed that updates by the Council are appropriate,but she requested they be done at the time of Department Head Business. She said that the Council's facilitator had recommended that Round Table be disbanded. Councilmember Blomquist expressed concern that there would not be a vehicle to allow Council discussion. She said this request appears to be a gag order. Councilmember Bakken stated that, during Round Table discussion,updates on City Council activities lost their focus and oftentimes the EAGAN CITY COUNCIL MEETING MINUTES;NOVEMBER 1,1999 PAGE 11 discussion was not constructive. He sai�:ddt:i2rSrorie 'trjght to be heard,but the Council should discuss City business. Councilmember'�rlson said that Coinembers will still have the opportunity to discuss matters under Department H@94 Business. She stated that discussion will be more organized and professional and the agenda will be> e structured. C4*Aalmember Masin said that Round Table provided an opportunity for Councilmemt}. i8nts. Mayor Awada noted that the Round Table has been frequently abused during the•pakcy :uPyears and the purpose of this request is to make the meetings more professional. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Masin and Blomquist opposed) Councilmember Carlson explautetl'ate'r'i�eikBEto*flti?L�_-discussion of pertinent Council matters' from Round Table to Department Head Business.:�tltuncilmAi&r Bakken suggested that written summaries or motions be submitted the workday.p 'or to the.rpgular City Council meeting to provide the rest of the Council with the proper notificati ;eQuncilApi:$*�ber Masin stated that the proposed process is not feasible since the City Co .jBiot; }2:3dt update until late Monday afternoon. Councilmember Carlson said that in an�i�i'gency siftik— IX i3fems could be added at the time the agenda is adopted. Councilmember Blomquist expressed concern with the requirement that everything must be submitted in writing and said that some things do not belong under Department Head Business. Councilmember Bakken said that it is appropriate for Councilmembers to provide advance notice of the items they want to discuss at a Council meeting so that everyone can be prepared to respond. Councilmember Masin stated;Wt getting the Council packet on Friday does not provide enough turnaround for written requests Gf 3 i Abinitted. Mayor Awada reiterated that all affected parties need to be notified if a new issue is'"i'%.""':3 .d cussed. She stated that the Mayor or any two Councilmembers can add an item to the agenda asToMg: :$•done one day in-advance in order to provide notice to all affected parties. Councilmember Carlson moved,.,C,ctty}icinie 'Bakken seconded a motion to direct that items not on the regular agenda be addressed, N,epart3nent Head Business and be accompanied by a written summary of the item and any pblfential motions the workday prior to the regular meeting. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) CONSIDER ADDITION OF COUNCIL UPDATE ON REGULAR CM COUNCIL AGENDAS Councilmember Masin said �� ie:kts7#k83c8iet added to the agenda,which would k.;..;.....; give Councilmembers an opportunity to'p'i•'&43 ah*rtpc-W*0ritheir activities. Councilmember Bakken said that it would be more efficient if Councilmenfts provid.0 the information in a written synopsis in the interest of savN time during the meetings. C;qi cilme rg�Carlson stated that updates could be provided during Department Head Business. Malik Awadacurred and said that updates on important conferences that have been attended by'Councilmyers would be appropriate. Councilmember Blomquist disagreed with the suggestion that a written synopsis be prepared and said that a brief verbal update should be allowed. She further said that it may not be appropriate under Department Head Business. Councilmember Blomquist moved,Councilmember: in seconded a motion to add Council Update as a standard item on the regular City Council meetW:,agenda. Aye: 2 Nay: 3 (Mayor Awada and Councilmembers Bakken and Carlsgzl,pppased).The.MAon failed for lack of a majority. OP£N' �f iait;V'' pvATE Councilmember Masin requested an update regardWihe investigation of a potential violation of the Open Meeting Law. City Attorney Sheldon stated thatit was his understanding that a complaint was filed and the LMC,through its insurance trust,hired an independent lawyer to review the issues through voluntary actions and statements. Hq added that his discussions with the lawyer indicate that he found no wrongdoing. Councilmember Masin asked if a report was prepared. Mayor Awada said that the attorney discussed the allegations with certain people and came to the conclusion that there was EAGAN CITY COUNCIL MEETING MINUTES;NOVEMBER 1,1999 PAGE 12 no violation of the Open Meeting Law:: eisfa:tTiat'since*t ijh notice to file a complaint has been received and the Council can not discuss the pending litigatiO%-.- V $#..QRS TO BE D Susan Widmar expressed concern wiK&:3"**information being shared with the public regarding Council activities. Jeff Gregory said that the Council should start taldng care of City business in a manner that is more professional and unrelated to persomapAb................. ... AMWOWMIS ' The meeting adjourned at 9:00 p.m. MLK Date City Clerk If you need these rninutes in an alternative;€them such as large print,Braille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan, 681-4600,(TDD phone: (651)454-8535). The City of Eagan is committed to the policy that;ell perstit+sa,%qual access to its programs,services,activities, facilities and employment without regard to raceriiblor,creed,zeli$wk national origin,sex,disability,age,sexual orientation,marital status or status with regard blic:BdS ??ZCet t t.s MEMO - city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 12, 1999 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 16, 1999 CITY COUNCIL MEETING II. _OATH OF OFFICE—CHIEF OF POLICE THERKELSEN ACTION TO BE CONSIDERED: No action required. FACTS: • The City Clerk officially swears in all Eagan police officers after they are hired. • The Fire Chief and volunteer firefighters are officially sworn in at regular City Council meetings. • Since newly appointed Police Chief Kent Therkelsen has not been previously sworn in as an Eagan officer, he will be sworn in at the November 16, 1999 City Council meeting. ADOPT AGENDA/APPROVE MINUTES After approval is given to the November 16, 1999 City Council agenda, the minutes of the November 1, 1999 regular City Council meeting and the minutes of the October 26, 1999 and the November 1, 1999 special City Council meetings, the following items are in order for consideration. Agenda Information Memo November 16, 1999 Eagan City Council Meeting -TIO & IESSASIO�' 1 A. RECOGNITION OF DR. TOM WII.SON, RECIPIENT OF THE MILKEN FAMILY FOUNDATION NATIONAL EDUCATOR AWARD ACTION TO BE CONSIDERED: No action required. FACTS: • At the October 19 City Council meeting, the City Council directed staff to coordinate the recognition of Dr. Tom Wilson, Eagan High School Principal, on his receipt of the Milken Family Foundation National Educator Award. • Three Twin Cities educators were named as recipients of this prestigious award, with a fourth winner being named from outside the metro area. Each award recipient will receive $25,000 in June. • The Minnesota winners are among 172 educators in 41 states chosen by California's Milken Family Foundation, which rewards creative approaches to furthering excellence in education. • Dr. Wilson is known for his leadership in the school-wide use of technology and recently vvas chairman of the Minnesota e-School Program Task Force. • Dr. Wilson will be present at Tuesday's meeting to receive a certificate in recognition on behalf of the City Council. Agenda Information Memo November 16, 1999 City Council Meeting DEPARTMENT HEAD BUSINESS A. CAMPUS Generator FOR COUNCIL ACTION: To provide direction to staff regarding installation and funding options for a campus generator. FACTS: ■ The Council directed staff to proceed with the installation of a campus generator in spring 1999. ■ The original project was bid at$589,324.75 ■ Relocation of the generator to the City Hall campus and the enclosure was projected to add an additional$100,000 to the original project cost. • The new design and relocation costs came in at$768,788.75; $179,464 over the original bid. ■ With the increase, the payback on the investment went from 7.3 years to over 10 years. ■ The economic viability of the project has become questionable. ■ Several options are identified for Council review and consideration. ATTACHMENTS: Memo '/-6 Dakota Energy Alternatives Information o �d ,.. MEMO _. city of eagan TO: TOM HEDGES,C ITY ADMINISTRATOR FROM: KEN VRAA,DIRECTOR OF PARKS AND RECREATION DATE: NOVEMBER 10,1999 SUBJECT: CAMPUS GENERATOR BACKGROUND: The City Council,at a special meeting in the spring,provided direction to staff to proceed with the installation of a campus generator. The location of the generator was selected to be just south of the police department and was to be enclosed with a structure to match the existing brick. In addition,there was discussion that the generator location on campus,as opposed to the location first selected near Denmark Avenue,could provide the opportunity to include additional switching gear that would allow the new generator to meet the needs of the State Correction Department. Relocation of the generator to the City Hall campus and the enclosure was projected to add an additional$100,000 to the original contract. ISSUE: Because the cost to relocate the generator to the city hall campus increased beyond the projected addition,the City Council is being asked to review the issue and provide direction to staff by electing one of the three alternatives available to the City. RELOCATION COSTS: Included with the direction to place the generator on the city hall campus,the Council asked that the profile of the generator be kept as low as possible. To accomplish this,burying the fuel tank below grade was proposed. The Council further directed that an enclosure to match the existing exterior of the police building surround the generator. Given this direction,Dakota Energy Alternatives, a consultant to the City,worked with Zielgler,to whom the contract had previously been awarded. The new design and relocation cost came in at $768,788.75. The following is a comparison of costs from the original amount when the contract was awarded to the new costs: Original Amounts New Amounts Ziegler's Bid $523,343.75 $638,820.75 Ziegler's Deduct (21,400.00) --- Energy Alternatives 84,780.00 111,117.00 Dakota Electric Association 65,200.00 81,450.00 Rebate (15,360.00) ' (15,360.00) Contribution 47 239.00 47 239.00 Total Project Cost $589,324.75 $768,788.75 The difference between the two figures is$179,464,which far exceeds the projected increase previously provided the Council. Further,the original payback on the investment went from 7.3 years to over 10 years. Given this, staff became very concerned about the economic viability of the project and the City's desire to implement the project. ALTERNATIVES: Given the concern for costs, staff explored two other questions.What would the project cost if less visually attractive screen walls were provided rather then an enclosure for the generator and,what costs has the City incurred if the contract were cancelled. The net cost to relocate the generator(enclosed in a sound attenuation shell)would be$617,808.75. Two screen walls, one paralleling the existing north-south wall of the police building and the second running perpendicular,would cost an additional $78,099.00 fora total contract cost of$695,907.75. This amounts to$106,583.00 above the original contract award. The cost to cancel the contract, should the Council determine that the project not be pursued,would be $171,594. This amount includes all design/engineering fees and carrying cost for equipment that has been ordered but not paid for. Salvage values have already been deducted. ADDITIONAL OPPORTUNITY: Also for consideration by the Council is the possible relocation of the existing generator,which currently services only the police building.If the campus generator project proceeds,for approximately$26,601 a life safety transfer switch can be added to the design to meet State requirements. This would make the existing generator unnecessary and available to be relocated to the Maintenance Building. The cost to remove,relocate and re-connect this generator to the maintenance building would add$43,000. Dakota Energy Alternatives has estimated that ifthis were to be accomplished it would allow the maintenance facility to also be placed on the Rate 70 program and the City would realize an annual saving of$10,900. This translates into a payback of about six years. DISCUSSION: In preparation for Y2K,the Police building was"disconnected"from Dakota Electric in order to fully test the existing generator under full load conditions for an extended period of time.This is different then the monthly operational exercise the generator is given. This test was very successful and alleviated some concerns about the readiness of the generator and its ability to meet the police needs for power. The option of resale for the existing generator does not appear to be effective,should that option be considered rather then relocation.While the generator is serviceable,there is apparently little demand for used generators and the salvage value was place at around$10,000 if sold on the open market. While the most important reason for pursuing a campus generator is still valid,it's obvious that the cost has increased to the extent that the economics of its placement is questionable. Further justification as a potential back up for Y2K concerns can no longer be considered. Clearly,it would not be in place until next year. 2 FOR COUNCH,ACTION: To direct staff to do one of the following: 1. Proceed with the installation of the project under the high cost option which provides a complete enclosure for the generator($768,788.75), 2. Proceed with the project,but with installation of screen walls($695,907.75),or 3. Cancel the contract($171,594.00). If the Council adopts either of the first two options,they should also consider a motion to relocate the existing police generator U)the maintenance building($26,601/life safety+$43,000/relocate=$69,601). Staff would also recommend that direction be provided to have staff research various lease/purchase options to provide funding f)r the generator acquisition and if approved,the old generator relocation. 3 6 FRff a � s 4300 220th Street West,St.Paul,MN 55024 [t]651.460.7426 [f]651.460.7521 [w]www.energyaltemative.com October 27, 1999 Ken Vraa City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Vraa: As was discussed with Dale Gundberg, we had Ziegler provide a new proposal for installing the generator at the police station. This design is similar to how it was originally proposed by the lift station. Ziegler provided deducts for the original electrical and civil costs at the lift station. The electrical costs increased from $31,954 to $35,786 primarily due to cost of labor increases. The civil costs decreased from $49,345 to $27,932 because we don't have to build a road. An adder of$3,478 for the transformer was also included. Dakota Electric Association recommended that the transformer be upgraded from the original electrical specifications. This upgrade will result in a more reliable transformer. Pricing for screen walls were also provided. 20 foot $31,384 36 foot $46,715 I recommend leaving the screen walls out of Ziegler's contract and building the screen walls when the landscaping is completed around the generators. The adder for connecting the new generator to the existing life safety transfer switch in the police station, still remains at$26,601 assuming the existing generator is removed by others. I recommend including this cost as part of the Maintenance Building generator project. Ziegler Pricing Summary: Original Ziegler Bid $523,343.75 Original Deduct ($21,400.00) Original Civil & Electical Costs ($81,299.00) New Civil & Electrical Costs $63,718.00 Transformer Adder $3,478.00 Total $487,840.75 Here is a summary of the changes: Original Amounts New Amounts Ziegler's Bid $523,343.75 $487,840.75 Ziegler's Deduct ($ 21,400.00) Energy Alternatives $ 84,780.00 $111,117.00 Dakota Electric Association $ 65,200.00 $81,450.00 Rebate ($ 15,360.00) ($15,360.00) Contribution ($47,239.00) ($47,239.00) Total Project Cost $589,324.75 $617,808.75 DEA has extended their offer of contributing $47,239 towards the project until the Council Meeting on November 16, 1999. If the project is accepted in November then the generation can be online for next:summer's peak. I will be out of the office until November 8, 1999. If you have any questions, please contact Dale Gundberg at 612-242-1887. Sincerely, Thomas Vagts 612-245-3749 U Acquisition Lease Energy Alternatives can offer the City of Eagan an acquisition lease for the entire project. Annual lease payments would be $78,007 per year based on a$716,980 project cost at 9% for 20 years. At the end of 20 years,the city would own the generator. The city is responsible for all maintenance and operations of the generator. Power Plus Program Energy Alternatives can also offer the Power Plus Program. Energy Alternatives would own, operate and maintain the equipment. This includes fueling, remote monitoring for alarms and starting and stopping the generator during control periods and monthly exercising. The annual payments would be approximately $244,988 for the generator lease and electric bill. The Power Plus Program is a 10 year agreement. Energy Alternatives maintains ownership at the end of the term. The city has the option to purchase the generator at any time during or at the end of the 10 year period. The following table compares the existing annual costs with the two options. No Acquisition Power Generator Lease Plus Electric Bill $ 211,988 $ 123,391 $ 0 Lease Payment $ 0 $ 78,007 $244,988 Operating Costs $ 0 $ 7,644 $ 0 Totals $ 211,988 $ 209,042 $244,988 Electric Bill The City of Eagan currently spends approximately $211,988 on their electric bill. Under the Acquisition Lease the electric costs would drop to $123,391 through DEA's Interruptible Rate. The electric bill is included in the lease payment for the Power Plus Program. Lease Payment The City of Eagan would pay $78,007 per year in lease payments for the generator under the acquisition lease. The Power Plus Lease Payment is $244,988 which includes the electric bill, generator lease, and operating costs. Operating Costs Annual operating costs are estimated at$7,644 for fuel, 10 year maintenance program, and 10 year extended warranty. �D rri X Z H r ri (� > Z -i C7 W O"S �l r m C] C- d 1 H z C d -I G1 Z m � Z fTl H n D = � D �7 Agenda Information Memo November 16, 1999 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require 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 Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Utility Construction Inspector-- ACTION TO BE CONSIDERED: To approve the hiring of Robert Kriha as the Utility Construction Inspector. Item 2. Night Battalion Chief-- ACTION TO BE CONSIDERED: To approve the reappointment of Mark Adams as Night Battalion Chief in the Volunteer Fire Department. Item 3. Seasonal Boot Hockey Official-- ACTION TO BE CONSIDERED: To approve the hiring of Keith Wallace as a seasonal boot hockey official. Item 4. Seasonal Broomball/Boot Hockey Official-- ACTION TO BE CONSIDERED: To approve the hiring of Randolph Boyden as a seasonal broomball/boot hockey official. Item 5. Seasonal Broomball Officials-- ACTION TO BE CONSIDERED: To approve the hiring of Daniel Cullen and Daniel Smith as seasonal broomball officials. Item 6. Seasonal Rink Attendant/Sledding Hill Supervisor-- ACTION TO BE CONSIDERED: To approve the hiring of Kathryn Konat as a seasonal rink attendant/sledding hill supervisor. Agenda Information Memo November 16, 1999 Eagan City Council Meeting Item 7. Seasonal Skating Instructors-- ACTION TO BE CONSIDERED: To approve the hiring of Ronni Maas and Stacey Folden as seasonal skating instructors at the civic arena. Item 8. Seasonal Concession Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Sean Cosgrove as a seasonal concession worker at the civic arena. Item 9. Seasonal Skate Guards-- ACTION TO BE CONSIDERED: To approve the hiring of David Olson and Dale Skogstad as seasonal skate guards at the civic arena. Item 10. Resignation/Program&Events Supervisor-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Donna Tilsner,Program &Events Supervisor in the Park & Recreation Department. Item 11. Resignation/Part-time Clerical Technician III-- ACTION TO B1E CONSIDERED: To accept the letter of resignation from Nancy Phipps, part-time Clerical Technician III in the Community Development Department. /CZ Agenda Information Memo November 16, 1999 Eagan City Council Meeting B. EXTENSION FOR RECORDING FINAL SUBDIVISION GRAMERCY CORPORATION FOR GRAMMERCY PARK OF EAGAN ACTION TO BE CONSIDERED: To approve a 90 day extension of the recording requirement for Gramercy Park of Eagan located north of Yankee Doodle Road and east of Coachman Road within the SW '/4 of Section 9. FACTS: ➢ The Gramercy Park of Eagan final plat was approved by Council action on September 7, 1999. Such approval established a subdivision recording deadline of November 7, 1999. ➢ According to the applicant, the requested extension is necessary to resolve some access related issues with the County. ➢ The requested 90 day recording extension would establish a recording deadline of February 7, 1999. ATTACHMENTS: (1) ➢ Richard L. Licht correspondence dated 11/1/99,page 612 424 5922 Sent By: LOUCKS & ASSOCIATES, INC. ; 612 424 5822; Nov-1 -99 12:06PM; Page 2/2 t.l\'li-1-.Vf:IVI/:NI VIS d L\htl!d.T<\h17Ni. November 1, 1999 Ms. Marilyn Wu cherpfennig City of bagan 3834 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Final plat approval for GRAM ERCY PARK OF EAGAN Dear Marilytl, On behalf of Gramercy Corporation,we are requesting an extension of the plat approval of GRAMERC:Y PARK OF EAGA.N.which the City Council formally approved on September 7, 1999. The filing of this plat has been delayed due to County Road No.28 access issues. The plat has been submitted and checked by the Dakota County Surveyor. The only item that needs to be resolved,before the plat may be recorded, is the access to County Road No.28. If you have any questions,please feel free to contact me. Richard L.Licht U.S. Land Surveyor Ih, • 73CK111[.wl.(r I.n\L. SI11T1 :K-0 • tNV'u.l.WWL. tNIVVF-1:11n 5';:1160 -,V2 I', ((il.2;4a4 5:107. - l..\. MQ)421 C mull. 1(.llar.k>.W'llWIC,.Ix•i•H'Ct7(1;U1C' 111111.ihvW\vi.nunll nirl/-Ifluf:Y•:/ P\I I It. \1/:L.v:... rL c.�n - fir) ;I C:murl .\\�,n(IV I7.­j • IV T1(C71t(T'F I I( M\, 7<X176-FANS. Il:,cT, 7� 76 . fFl, (1UIdr i,7 3/i 15 • 1-.\*c l / Y , Agenda Information Memo November 16, 1999 Eagan City Council Meeting C. CONSIDER APPROVING RENEWALS OF EXISTING LIQUOR LICENSES FOR 2000 ACTION TO BE CONSIDERED: To approve the renewals of existing liquor licenses for 2000, subject to review of applications, payment of fees and Police Department reviews. FACTS: • The 2000 liquor license renewals for the year 2000 include the following: (10) off-sale liquor (22 restaurants and 2 hotels—24 total) on-sale liquor (11) on-sale wine and beer (7) on-sale beer (18) off-sale beer • These renewals are in the process of completion and should be approved subject to review and recommendation by the Eagan Police Department, payment of fees and submittal of required documents. • There are five (5) on-sale liquor licenses available for restaurants at this time. One (1) on-sale liquor license remains for hotels. • There is an application in process at this time for an off-sale license for Haskells, Inc. ATTACHMENTS: • Liquor license renewals on pages through. 2000 Liquor License Renewals License Type Licensee Name DBA Name Address Off-Sale Beer Avanti Petroleum, Inc. Total 2000 Rahncliff Bill McGuire McG's 1969 Silver Bell Road Fleming Companies, Inc. Rainbow Foods 1276 Town Centre Drive Holiday Stationstores, Inc. Holiday Stationstore #247 3615 Pilot Knob Road Holiday Stationstores, Inc. Holiday Stationstore #232 4595 Nicols Road Holiday Stationstores, Inc. Holiday Stationstore #68 1065 Diffley Road Hussein Ansari Cedarvale Texaco 3830 Sibley Memorial Highway Kwik Trip, Inc. Kwik Trip #662 3145 Dodd Road PDQ Food Stores, Inc. PDQ #214 4198 Pilot Knob Road Speedway SuperAmerica LLC SuperAmerica #4335 1379 Town Centre Dr. Speedway SuperAmerica LLC SuperAmerica #4464 2250 Cliff Road Speedway SuperAmerica LLC SuperAmerica #4182 1406 Yankee Doodle Road Speedway SuperAmerica LLC SuperAmerica #4049 4200 Sibley Memorial Highway Super Valu Holdings, Inc. Cub Foods 1940 Cliff Lake Road Tom Thumb Food Markets Tom Thumb #273 1815 DifFley Road Twin Cities Stores, Inc. Oasis Market Store #576 3150 Dodd Road Twin Cities Stores, Inc. Oasis Market Store #594 1286 Lone Oak Road Twin Cities Stores, Inc. Oasis Market Store #518 3390 Coachman Road Off-Sale Beer is 1 2000 Liquor License Renewals License Type Licensee Name DBA Name Address Off-Sale Liquor Applebaum Companies, Inc. Big Top Liquors 3900 Beau d'Rue Drive Byerly Beverages Inc. Byerly's Wines & Spirits 1299 Promenade Place Cellars Wines/Spirits/Eagan Inc. Cellars Wines &Spirits 2113 Cliff Road Jasbir S. Brar Blackhawk Liquor 4130 Blackhawk Road Liquor Shoppe Inc. of Eagan Liquor Shoppe 4250 Lexington Ave. South MGM Spirits Express, Inc. MGM Liquor Warehouse 4182 Pilot Knob Road MME, Inc. E & M Liquor 1444 Yankee Doodle Road Perrier &Associates, Inc. Great Northern Spirits 1960 Cliff Lake Road #101 Sidco, Inc. Big Top Wines & Spirits 1282 Town Centre Drive United Penn Lake, Inc. Silver Bell Liquor 1989 Silver Bell Road Off-Sale Liquor io 2 /;1 2000 Liquor License Renewals License Type Licensee Name DBA Name Address On-Sale Beer Davanni's Inc. Davanni's Pizza 1960 Cliff Lake Road Dragon Palace Restaurant Dragon Palace Restaurant 1466 Yankee Doodle Road Parkview Golf Club, LLC Parkview Golf Course 1310 Cliff Road Patricia E3oudrea Piccolo's Pizzeria 4162 Pilot Knob Road Pizza Hut of America, Inc. Pizza Hut #401023 1325 Town Centre Drive Ray Rahn Carriage Hills Country 3535 Wescott Woodlands Club West End Hunting Club West End Hunting Club 700 Gun Club Road On-Sale Beer 3 O 2000 Liquor License Renewals License Type Licensee Name DBA Name Address On-Sale Liquor Al Baker Company Al Baker's 3434 Washington Drive Ansari Corp. Mediterranean Cruise 3945 Sibley Memorial Highway Cafe Apple America Ltd. Partnership Applebee's Neighborhood 1335 Town Centre Drive of MN. Bar&Grill ARG Enterprises, Inc. Stuart Anderson's Cattle 1299 Promenade Place Company Casper's Cherokee Sirloin Room Cherokee Sirloin Room 4625 Nicols Road Eagan Inc. Cedarvale Bowl, Inc. Cedarvale Lanes/Fitz's Bar 3883 Beau D'Rue Drive &Grill Chili's of Minnesota, Inc. Chili's Southwest Bar & 3625 Pilot Knob Road Grill Cliff Corporation Doolittles 2140 Cliff Road Cuz, Inc. LaFonda's 3665 Sibley Memorial Highway Don Pablo's Operating Corp. Don Pablo's 1280 Promenade Place GRME, LLC Green Mill Eagan 1940 Rahncliff Court Hall &Convention Center, Inc. Royal Cliff 2280 Cliff Road HGIE, LLC Hilton Garden Inn Eagan 1975 Rahncliff Court Jensen's Supper Club, Inc. Jensen's Supper Club 3840 Sibley Memorial Highway Joe Senser's of Eagan, Inc. Joe Senser's Sport Bar & 3010 Eagandale Place Grill Latt, Inc. Valley Lounge 3385 Sibley Memorial Highway Marriott Management Services River Park 3400 Yankee Drive Corp. Sidney's of Eagan, Inc. Sidney's Restaurant 3330 Pilot Knob Road Spur, Inc. Lost Spur Country Club 2750 Sibley Memorial Highway Starks I, Inc. Starks Saloon 3125 Dodd Road T.C.B.H., Inc. Holiday Inn 2700 Pilot Knob Road Wadsworth Old Chicago, Inc. Old Chicago Pizza 1312 Town Centre Drive West Jersey Associates Richards 4185 South Robert Trail Wheatstone Restaurant Group, Houlihans 1294 Promenade Place LLC On-Sale Liquor 2a 4 If 2000 Liquor License Renewals License Type Licensee Name DBA Name Address On-Sale Wine & Beer Chung Wong, Inc. Hong Wong Restaurant 2139 Cliff Road Chungs, Inc. Anna Chungs 1960 Cliff Lake Road #116 Diamond T. Ranch, Inc. Diamond T. Ranch 4889 Pilot Knob Road FHF, Inc. Hunan Garden 1304 Town Centre Drive Fratelli Tre, Inc. Carbone's Pizzeria 1665 Yankee Doodle Road J & R Group, Inc. Italian Pie Shoppe & 1438 Yankee Doodle Road Winery Magic Thai Cafe Corporation Magic Thai Cafe 1258 Lone Oak Road Sodhi Companies Chutney Indian Bistro 1260 Town Centre Drive Village House II, Inc. Que Viet 1272 Town Centre Drive Young Tae Lim Hoban Korean Restaurant 1989 Silver Bell Road Z-Teca of Eagan, LLC Z-Teca Mexican Grill 1428 Yankee Doodle Road On-Sale Wine & Beer ii 5 0�a Agenda Information Memo November 16, 1999 Eagan City Council Meeting D. TRASH HAULER LICENSE, NEW EARTH SERVICES, INC. ACTION TO BE CONSIDERED: To approve a residential refuse/recycling trash hauler license for New Earth Services, Inc. as presented. FACTS: • The City is in receipt of an application from Mark Pieper on behalf of New Earth Services, Inc. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application enclosed without page number. � I Agenda Information Memo November 16, 1999 E. CONTRACT 99-12. STREET & TRAFFIC SIGNAL IMPROVEMENTS SILVER BELL ROAD, ETC. ACTION TO BE CONSIDERED: Approve the final payment for Contract 99-12 (Silver Bell Road, Galaxie A.venue(Blackhawk Road, Heritage Lane/Blue Cross Road - Street and Traffic Signal Improvements) in the amount of $10,021.87 to Ace Blacktop, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 99-12 provided for the street reconstruction of Silver Bell Road between Kennebec Drive and T.H. 13. It also included the re-striping and reconfiguration of the left-turn lanes, including the loop detectors, at the intersections of Galaxie Avenue and Blackhawk Road with Cliff Road and Heritage Lane and Blue Cross Road with Yankee Doodle Road. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. oc� Agenda Information Memo November 16, 1999 F. PROJECT 787,UTILITY IMPROVEMENTS CHAPEL HILL BAPTIST CHURCH ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a feasibility report for Project 787 (Chapel Hill Baptist Church — Sanitary Sewer and Water Improvements) and the associated plans and specifications. FACTS: • On November 5, city staff received a petition from Jamie Booth, Deacon of Facilities, representing Chapel Hill Baptist Church, 1488 Pilot Knob Road, requesting the installation of sanitary sewer and water main for the church. The request included the preparation of a feasibility report and plans and specifications. • Sanitary sewer and water main laterals were constructed as part of the Fairway Hills 0 Addition for future extension to the south to ultimately serve the church property. • A 30' wide utility easement for the benefit of the church's property was granted along the east property line of Parcel 010-51, Section 34. This easement provides access to the Fairway Hills 4'h Addition improvements for Chapel Hill Baptist Church. • Due to the church being the sole direct beneficiary of the requested improvements, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing the construction of the requested sanitary sewer and water main improvements. • Due to the church's request, it would also be appropriate for the City Council to authorize the preparation of detailed plans and specifications. • All of the proposed sanitary sewer and water main improvements would be assessable to Chapel Hill Baptist Church. ATTACHMENTS: • Petition, page I a.� FOR CITY USE ONLY Petition No. 82 Date Received //- 5- Presented -Presented to Council PETITION LOCATION/SUBDIVISION �lC,4 k) .l I/We, the undersigned, owners of the real property adjacent to (Street) or within Subdivision, hereby petition for: Street:Improvements Sanitary Sewer Water Supply ./ Storni Sewer Street Lights Other(Explain) Me understand that:this petition does not in itself request the installation of these improvements but, rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, I/We hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Signature of Land Owner Address of Pronertv 1. C. 2. I/We hereby waive our rights to the public hearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project is not awarded. (Signature (Signature) G: Forms&Lists/FeasdevFm.doc-5/97 Agenda Information Memo November 16, 1999 Eagan City Council Meeting G. LICENSE RENEWALS FOR THE YEAR 2000, TRASH HAULER, TOBACCO, TREE CONTRACTOR, COMMERCIAL FERTILIZER AND PAINTBALL ACTION TO BE CONSIDERED: To approve the license renewals for the year 2000 for trash hauler, tobacco, tree contractor, commercial fertilizer and paintball. FACTS: • The City annually licenses parties doing business in the above-referenced categories. These licenses are in order for review by the Council at this time. ATTACHMENTS: q • List of licensees requesting renewal. 2000 TRASH HAULER RENEWAL LICENSES CONSTRUCTION/DEMO HAULERS Randy's Sanitation Aspen Waste Systems P.O.Box 169 2523 Wabash Avenue Delano,MN St.Paul,MN Tennis Roll-Off Buckingham Disposal 421 9'b Avenue 5980 Credit River Road St.Paul Park,M14 Prior Lake,MN Alpha Construction Haul Tech 6580 135`h Street West 7675 W.Highway 13 Apple Valley,MN Savage,MN BFI Systems Henningsen Construction 4325 E.66th Street 13926 Duluth Court Inver Grove Heights,MN Apple Valley,MN New Earth Services Armor Roll-Off 4841 Biscayne Avenue 3524 Decatur Court Eagan,MN New Hope,MN Superior Services Clean Sweep 1375 7a'Avenue 8600 Hansen Avenue Newport,MN Shakopee,MN Twin City Refuse 318 W.Water Street St.Paul,MN 2000 TRASH HAULER RENEWAL LICENSES COMMERICAL/MULTIPLE DWELLING HAULERS New Earth Services BFI Systems 4841 Biscayne Avenue 4325 E.66h Street Eagan,MN 55121 Inver Grove Heights,MN Haul-Tech Aspen Waste Systems 7675 W.Highway 13 2523 Wabash Avenue Savage,MN St.Paul,MN Triangle Rubbish 1881 S.Lexington Mendota Heights,MN 2000 TRASH HAULER LICENSES RESIDENTIAL HAULERS BFI Systems Triangle Rubbish 4325 E.66th Street 1881 S.Lexington Inver Grove Heights,MN Mendota Heights,MN 2000 TOBACCO RENEWAL LICENSES Casper's Sports Bar Lost Spur Country Club 4625 Nicols Road 2750 Sibley Memorial Highway Eagan,MN Eagan,MN Houlihan's Restaurant&Bar PDQ Store#214 1294 Promenade Place 4198 Pilot Knob Road Eagan,MN Eagan,MN Green Mill Restaurant WalMart#1786 1940 Rahncliff Court 1360 Town Centre Drive Eagan,MN Eagan,MN Holiday Stationstore#318 Holiday Stationstore#247 3044 Holiday Lane 3615 Pilot Knob Road Eagan,MN' Eagan,MN Holiday Stationstore#232 Holiday Stationstore#68 4595 Nicols Road 1065 Diifley Road Eagan,MN Eagan,MN SuperAmerica#4464 SuperAmerica#4335 250 Cliff Road 1379 Town Centre Drive Eagan,MN Eagan,MN SuperAmerica#4182 Oasis Market#594 1406 Yankee Doodle Road 1286 Lone Oak Road Eagan,MN Eagan,MN Oasis Market#590 Oasis Market#576 4250 Lexington Avenue 3150 Dodd Road Eagan,MN Eagan,MN Oasis Market#51.8 Oasis Market#375 3390 Coachman'road,#202 1424 Yankee Doodle Road Eagan,MN Eagan,MN Starks Saloon MGM Liquor Warehouse 3125 Dodd Road 4182 Pilot Knob Road Eagan,MN Eagan,MN Walgreens#05081 Walgreens#02766 4220 Lexington Avenue 2010 Cliff Road Eagan,MN Eagan,MN Walgreens#017 73 E&M Liquor 1278 Town Centre Drive 1444 Yankee Doodle Road Eagan,MN Eagan,MN Blackhawk Liquors Tom Thumb 4130 Blackhawk Road 1815 Diffley Road Eagan,MN Eagan,MN Eagan E-Z Stop Cedar Cliff Amoco 4195 Nicols Road 4600 Slater Road Eagan,MN Eagan,MN Holiday Inn Select Duckwood 66 Pilot Knob Road 3575 Pilot Knob Road Eagan,MN Eagan,MN 2000 TREE CONTRACTOR RENEWAL LICENSES Huston's Tree Service Viking Land Tree Care(formerly Shorewood) 13404 Oakland Drive 9715 Fenner Avene SE Burnsville,MN Delano,MN Roggenbuck Tree Care Henning Rohde&Associates 16644 Imperial Way 3259 Terminal Drive Lakeville,MN Eagan,MN Davey Tree Company 1500 N.Mantua Street Kent,OH 2000 COMMERICAL FERTLIZERS RENEWALS New Frontier Lawn Care AAA Lawn Service 16952 Jonquil Trail 15208 County Road 5 Lakeville,MN Burnsville,MN Lawns R US Guaranteed Spray 107 Lydia Road 9919 Valley View Road Jordan,MN Eden Prairie,MN Henning Rohde&Associates 3259 Terminal Drive Eagan,MN 2000 PAINTBALL FACILITY RENEWALS The Adventure Zone 3820 Sibley Memorial Highway Eagan,MN aq ' Agenda Information Memo November 16, 1999 Eagan City Council Meeting H. CONSIDER APPROVAL OF THE ON-SALE LIQUOR LICENSE NAME C RANGE FOR HGIE, LLC DBA HILTON GARDEN INN EAGAN, CURRENTLY LICENSED AS NUE & TORGERSON H, LLP AND GRME, LLC DBA GREEN MILL EAGAN CURRENTLY LICENSED AS NUE & TORGERSON, LLP ACTION TO BE CONSIDERED: To approve the on-sale liquor license name change for HGIE, LLC dba Hilton Garden Inn Eagan, currently licensed as Nue& Torgerson II, LLP and GRME, LLC dba Green Mill Eagan, currently licensed as Nue& Torgerson, LLP. FACTS: • Torgerson Properties, Inc. has submitted a request to change the licensee names for the two referenced on-sale liquor license holders. • Staff has reviewed the documents that were submitted in order to comply with licensing requirements and have deemed them to be in order for consideration by the Council. The name change will become effective January 1, 2000. 30 Agenda Information Memo November 16, 1999 City Council Meeting I. APPROVE Change Order #7, Cascade Bay FOR COUNCIL ACTION: To approve Change Order #7 for Cascade Bay in the amount of$33,067. With this change order, the net increase to this contract is $2,100. FACTS: ■ Overtime premium to Kellington Construction on April 24, May 1,8, 15&22. This work was done to expedite the project's completion. $5,365 ■ Material and labor to install concrete pad for the garbage container. This work was outside the scope of the design project 1,405 ■ Materials and labor to add fence barrier beneath the drop slides. This fence barrier was required to keep swimmers out from under the slide towers and to prevent injury from someone walking beneath the slide tower. 2,533 ■ Delete pipe joints at the turbine pits. The joints became unnecessary due to a construction installation technique. (1,600) ■ Saw cut an expansion joint between the lazy river plaster and pool deck. 364 ■ Miscellaneous electrical work associated with concession hook-ups,change in outlet locations and increase in power requirements for a larger service load. 3,000 ■ Resizing chlorine and PH tank. (Note: This was a design error of WTI and will be billed back to them at project closeout.) 1,874 ■ Material and labor for enclosures for the turbine station by the slide towers to prevent swimmers from accessing these units. 3,312 • Additional landscape topsoil for the entire project site. 12,000 • Installation of combustion air intake for pool heaters. (Note: A portion of this may be billed back to WTI and their mechanical engineer as a design error at project closeout, pending further review. 4,814 TOTAL 33,067 . CONCERNS: None ATTACHMENTS: None Agenda Information Memo November 16, 1999 Eagan City Council Meeting J. BLACK DOG WATERSHED MANAGEMENT ORGANIZATION ACTION TO BE CONSIDERED: Approve the revised and restated Joint Powers Agreement for the Black Dog Watershed Management Organization and appoint Water Resources Coordinator Eric Macbeth as Eagan's delegate and Group AA alternate for a three year term effective January 1, 2000. FACTS: • The Black Dog Watershed Management Organization (WMO) was created by a Joint Powers Agreement (JPA) between the cities of Apple Valley, Burnsville, Eagan, Lakeville and Savage in the mid-1980s to cooperatively manage the water resources of the watershed common to these communities. The City of Burnsville (Group A) has the largest land area (11,207 acres, 81 %) and has three (3) of the five (5) representatives on the WMO Board of Commissioners. Eagan (50 acres, 0.4 %) and Apple Valley (Group AA) share one (1) commissioner position. Lakeville and Savage (Group AAA) share the remaining commissioner position. • When the 509 Watershed Planning Act was adopted by the State Legislature in 1983, it stipulated that watershed management must be handled by either JPA WMOs, Watershed Districts (WD), or the respective counties if no WMO or WD were created. The subsequent Credit River Watershed Management Organization was most recently dissolved on April 9, 1998, leaving its responsibilities split between Scott and Dakota counties. Dakota County is not set up to handle watershed management responsibilities as effectively and efficiently as a WMO. Consequently, the Black Dog WMO has been assigned that portion of the Credit River watershed that lies within Burnsville and Lakeville (about 3,700 acres). This action requires the current JPA to be revised to reflect the expansion in watershed area and a shift in each community's proportionate responsibilities. • This additional watershed area will reduce Eagan's proportionate area and related financial :responsibilities from 0.4% to 0.3%. In 1999, the Eagan's financial obligation was $305. With the additional watershed area, Eagan's financial obligation in 2000 is budgeted to be $258. • With the adoption of the revised JPA, each City needs to appoint representatives to new three (3) year terms. On July 20, 1999, Water Resources Coordinator Eric Macbeth was appointed by the City Council to replace Public Works Director Tom Colbert as our community's delegate to Group AA and subsequent Alternate Commissioner. This new JPA cancels all current appointments and requires the Cities to (re) appoint their representatives. The Alternate for Groups AA and AAA become effective January 1, 2000 and can only be for a maximum of three (3)years. 3 0� • Based on the knowledge and expertise of Water Resources Macbeth, it would be appropriate for the City Council to reappoint him as the City of Eagan's delegate and subsequent Alternate Commissioner for Group AA. ISSUES: • During the 1999 legislative session, Representative Dennis Ozment of Rosemount passed a bill that, after December 31, 1999, will prohibit cities from appointing staff as commissioners to WMO's. Therefore, if the Council wants to reappoint Mr. Macbeth, it would be timely and appropriate to do so yet this year. Staff has not solicited nor received any expressions of interest in this position from any citizens. It may be difficult to find someone who resides within Eagan's limited drainage area for the Black Dog WMO with the appropriate level of expertise and I or interest. ATTACHMENTS: • Map of Black Dog WMO, enclosed without page number. • Sun Current Article, page,; . 33 Eagan Sun Current Newspaper - November 3, 1999 Agreement means more credit for city of Lakeville A portion of the former Credit River watershed area will become part of the Black Dog watershed By Jon Lloyd -Sun Newspapers A 3,700-acre question was answered by a joint powers agreement which includes the cities of Lakeville, Burnsville, Eagan,Apple Valley and Savage. When the Credit River Watershed Management Organization (WMO)dissolved last year, officials had to find an agency to look after 3,700 acres of orphaned watershed area. As part of a joint power agreement developed earlier this month,the land — much of which is in Lakeville—will be adopted by the Black Dog WMO, a five-city coalition. Due to the boundary expansion, Lakeville's percent of the Black Dog watershed area will increase from 10.73 percent to 21.15 percent. That means the city's share of the$89,000 of membership dues will increase from 9.56 percent to 18.25 percent. The amount will be budgeted from the Surface Water Management Fund for 2000 and 2001. Lakeville received a refund of dues from the Credit River WMO after it dissolved last year. Other Black Dog WMO members include Burnsville, Eagan,Apple Valley and Savage. WMOs are local units of government which work to solve and prevent water quality problems. Each member contributes an annual fee to the WMO's General Fund. Cost per city is based on land area and property valuation in the watershed management organization's jurisdiction. The WMO board adopts a budget each year and decides on the amount necessary for the General Fund. After considering any objections by member units,the board can amend or adopt a budget. The budget cannot be adopted if three or more WMO members units object to it. Most of the Credit River watershed was in Scott County. Following the disbanding of the WMO, Scott County took over the regional plan and administration for that portion of the WMO in its boundaries. Scott County, however, does not have authority in Dakota County. "It was thought it would be best if that portion of the Credit River WMO was detached and added to Black Dog, which is still functioning,"said Keith Nelson, city engineer for Lakeville. About 70 percent of the: Black Dog watershed is in Burnsville. Under the revised agreement,that city will pay 73 percent of the $89,000 annual membership total, a decrease from 80 percent. Apple Valley's percentage of land area decreases from 10 percent to 7.9 percent under the agreement. Small portions of the Black Dog WMO stretch into Eagan and Savage. The new agreement also accounts for a law amended to prohibit the appointment of city employees to a WMO board after Dec. 31, 1999. The law states: After Dec. 31, 1999, staff of local units of government that are members of the watershed management organization are not eligible to be appointed to the board. The law has been interpreted differently by WMO officials and Rep. Dennis Ozment,the author of the law, and the Board of Water and Soil Resources (BWSR). 3 � Legal counsel for the Black Dog WMO have claimed the law means that after Dec. 31, 1999, city employees may no longer be appointed to a WMO board. BWSR issued a memo claiming "appoint" means"serve," and that city employees may no longer serve on a WMO board after Dec. 31, 1999. Ozment shares BWSR's interpretation. The revised joint powers agreement states that the terms of existing commissioners will expire Nov. 1, 1999. Some WMO cities are attempting to have the law repealed. 3� Agenda Information Memo November 16, 1999 Eagan City Council Meeting PUBLIC HEARINGS A. HOST APPROVAL FOR THE ISSUANCE OF REVENUE BONDS TO FINANCE HOUSING FACILITIES AND ADOPTION OF A HOUSING PROJECT-DAKOTA COMMUNITIES,INC. ACTION TO BE CONSIDERED: To approve the resolution giving host approval to the issuance of revenue bonds and authorization to execute the joint powers agreement-Dakota Communities, Inc. and to waive the City's $500 application fee. FACTS: • In official action at the November 1, 1999 City Council meeting a resolution was approved calling for a public hearing on the giving of host approval for the issuance of revenue bonds, adopting a housing project and authorizing publication of the hearing notice. • The hearing notice was published in the City's legal newspaper and in the St Paul Pioneer Press. • Dakota Communities, Inc. is requesting that the City give host approval for the issuance of revenue bonds for an assisted living facility project. • Eagan is being asked to give host approval because Mendota Heights is actually issuing the bonds. The Cities of Crystal, South St. Paul, Inver Grove Heights, West St. Paul,Maplewood, and Vadnais Heights are also involved in the proposed project as host cities. • There are two sites for construction located in Eagan. • The City's bond counsel, Steve Rosholt; of Faegre&Benson is reviewing the required documents on behalf of the City. • The applicant has requested that the City waive its application fee as a means of participating directly in the project. ATTACHMENTS: • Enclosed on pages T through 7 V is a copy of a letter from Kathleen LeMay, President/CEO of Dakota Communities,Inc providing information about their organization and their development proposal. • Enclosed on pages W and YqZ is a copy of a letter providing additional information requested by staff after a meeting with representatives of the organization. .36 • Enclosed on pages_t/b through 17111 is a copy of the resolution giving host approval to the issuance of revenue bonds and authorizing the execution of a joint powers agreement. • Enclosed on pages through .Z. is a copy of the Housing Program. • Enclosed on pages r through is a copy of the Joint Powers Agreement. �S J 32 Da0 ta 680 O'Neill Drive Eagan, MN 55121-1535 ITlalL nidesS Inc. (651)688-8808 fax(651)688-8892 Founded in 1972 as Dakota's Children Inc. October 26, 1999 Mrs.Pat Awada, Mayor Mr. Tom Hedges, City Administrator Mr. Gene VanOverbeke Dakota Communities Inc. thanks you for the opportunity to acquaint you with our plans for development of services to people with disabilities and the work we are doing with City of Mendota Heights for issuance of bonds through a Joint Powers Agreement with the cities where services will be located or refinanced. Dakota Communities Inc is a private non profit corporation whose mission is to assist individuals who have disabilities, through housing and support services, to maximize their potential in life through increasing one's independence, promoting inclusion into one's community, and supporting people in making informed choices in all aspects of daily living. DCI is governed by a volunteer Board of Directors comprised of 11 people from our communities and is guided by the core values of respect for people and their needs, integrity of decisions and actions, commitment to service, innovation, excellence, and sound stewardship of the organization. Dakota Communities Inc. first home for people with developmental disabilities at 400 West Marie in West St. Paul was built in 1973 for children. Those children have grown to adulthood and the home is no longer suitable for them. Although the 48 bed home has served the community well for the past 27 years, it is now overcrowded and inconsistent with today's models. In addition, Dakota County and the Minnesota Department of Human Services deems that building to be an institution and inconsistent with their plans to provide care for people in small homelike environments. Presently we find that it is not a model families and social workers wish to consider when looking for out of home care. The Board of Directors of Dakota Communities Inc. has committed to relocating the 48 people who live at that site into nine new homes within Dakota and Ramsey Counties and to list the 400 Marie site for sale. This project has been approved by the Dakota County Human Services Department as part of their local systems need planning and by the Minnesota Department of Human Services through special legislation during the 1998 and 1999 legislative sessions. A formal closure agreement will be signed by all parties effective December 1, 1999. We are requesting that the City of Mendota Heights issue Facilities Revenue Bonds in an amount not to exceed $2,355,000 pursuant to a Joint Powers Agreement to be entered into between Mendota Heights and each of the other participating cities of Eagan, South St. Paul, Inver Grove Heights, West St. Paul, Maplewood, Vadnais 3 Building Partnerships With People Heights, and Crystal. The present estimate of the project costs, prior to the pricing of bonds, is $2,020,000. Bonds are being issued to provide financing for a variety of capital needs of our organization, including the construction of 5 of the nine new homes to be owned and operated by Dakota Communities as well as refinancing of five of our existing homes to allow for general improvements of those existing group homes. The bonds will be special, limited obligations of the City, payable solely from the revenues received from the Mortgage and will not constitute an indebtedness or charge against the general credit or taxing powers of the City. Debt service will be supported through ongoing revenues for service delivery, primarily from federal and state Medicaid payments. The bonds will be sold by Miller Johnson Kuehn. Bond counsel for the transaction is Briggs and Morgan. The underwriter is represented by the firm of Dorsey Whitney and Dakota Communities Inc is represented by the firm of Gray Plant Mooty. Regel Construction, specialists in accessible housing, has been hired to design and build the homes. Each home will contain approximately 1800 -3000 square feet depending on whether they serve four or six people. Each home will have private bedrooms, two bathrooms, a living room, dining room, kitchen, laundry and small office area and will be designed to blend in with each neighborhood. Each of the houses will be acquired on a "turnkey" basis. Construction is anticipated to begin in November with tentative completion in April of 2000. The location the homes will be: xxxx /Casey Court Inver Grove Heights xxxx Highview Eagan 3020 Poppler Lane Eagan 22xx Congress South St. Paul 23xx Maryland Maplewood With respect to refinancing, Dakota Communities Inc plans to refinance the following facilities: 157 Emerson Ave. West West St. Paul 219 E. Thompson West. St. Paul 732 Cheyenne Lane Mendota Heights 463 Walker Drive Vadnais Heights 3609 Brunswick North Crystal The refinancing is anticipated to result in a reduction in average annual debt service requirements based on reduced interest charges and amortization schedules 3q represented by the bonds which will allow the organization to make improvements to the homes going forward. Dakota Communities Inc has had a strong presence in the community since the organization began in 1973. Today, the organization operates 25 homes in the communities of West St. Paul, Mendota Heights, Eagan, Burnsville, Maplewood, Vadnais Heights, Robbinsdale, Crystal, Brooklyn Park, Brooklyn Center, New Hope, Maple Grove, Buffalo, Big Lake, and Cambridge and employs over 400 people. In addition, the development of new sites will create approximately 100 new jobs. The majority of homes serve 4-6 people, consistent with the plans for the new development and consistent with county, state, and national policies of deinstitutionalization. With the exception of two homes which serve more than 6 people under conditional use permits, each home meets the requirements of Minnesota Statutes 245A.11 subd.2 which provides that licensed residential programs serving six or fewer persons are a permitted single-family use under municipal zoning ordinances. The transition of people from Dakota Communities Inc last large group home to smaller homes is the final step in a process that began more than 10 years ago. At the same time this move is part of an ongoing process to provide the least restrictive living arrangements, and improve the quality of life and opportunities for inclusion for people with disabilities. We are proud to be members of your community and are appreciative of the Eagan's City Council's willingness to consider our request. Sincerely, Kathleen LeMay President/CEO KL/le Cc: Kevin Batchelder, Administrator City of Mendota Heights / O Da ota 680 ONeill Drive Eagan,MN 55121-1535 oflhf unifies, Inc. (651)688-8808 fax(651)688-8892 Founded in 1972 as Dakota's Children Inc. October 28, 1999 Mr. Gene VanOverbeke City of Eagan Municipal Center Westcott Road at Pilot Knob Eagan, Minnesota 55121 Dear Mr. VanOve:rbeke: Thank you for taking the time this morning to meet with me and Georgette Peterson to learn about the plans our organization has to close our home for 48 people in West St. Paul and transition these people to smaller homes within their own communities. We are pleased to know that Eagan is supportive of this plan and housing for people with disabilities. A number of the families we serve are residents of Eagan and they are delighted that the new homes will maintain a close proximity with their family member. In my letter of October 26, 1999 to you, I outlined the financing of the project and our desire to seek a Joint Powers Agreement between the City of Mendota Heights who would issue the Facilities Revenue Bonds and the participating cities. We were able to secure this Bond financing option through Miller Johnson Kuehn within a relatively short time period so we are working diligently to make sure all the requirements of each municipality is met. One of the concerns our Bond Counsel and Underwriters have raised is the need to close the transaction in November if at all possible given the issues Y2K is presenting to the lending community. It is their concern that during the bond sales and sources of money may be the market will be w Y Y month of December, �'3' limited, and interest rates may fluctuate. This has caused us to develop a shorter timeframe where the bonds would be priced the week of November'9 with closing scheduled for November 29. We have been advised that the other cities of South St. Paul, Inver Grove Heights, West St. Paul, Maplewood, Vadnais Heights and Crystal can have a Council resolution addressed within. that timeframe. We are understanding of the public notice requirements of the City of Eagan and are appreciative of your willingness to work with us and the Council to determine a way where it would be possible for us to complete our bond transaction during the month of November. We anticipate that our builder, Dave Regel of Regel Construction, will be meeting with your staff shortly to review the plans and specifications. As I indicated, this is a "turnkey" project: and we anticipate that the homes will be completed sometime in February. The builder has purchased the lot at 3020 (temporary address until a building permit is issued) Poppler Lane for a home for six people and the closing on Building Partnerships With Peoplf L/ the lot at xxxx Highview (Pilot Knob and Highview) which will be a home for four people is anticipated to occur next week. Dakota Communities requested that the builder advise the seller of the land that he was representing us and that the house would be home to people with developmental disabilities. We understand from him that both sellers were supportive of the plan. Once the plans have been approved by the City, we will be personally contacting our neighbors to introduce ourselves and acquaint them with the design and the people who will be moving in. This is the procedure we have used in the development of the 25 homes we presently own and operate and consistent with our commitment to being good neighbors. We also will be designing the homes to be compatible with neighborhood design. It has been our experience that any concerns neighbors may have initially are short lived and we are appreciative of the support we feel in our neighborhoods. Presently Dakota Communities is undertaking a capital campaign to generate some of the equity needed for the project. One of sources of capital is the Federal Home Land Bank who looks favorably on requests that have city participation. With that in mind and the fact that we are a 501 (c)(3) organization, we are respectfully requesting that the participating cities waive their application fee. We would naturally pay any of the cities'out of pocket and publishing costs. Dakota Communities Inc is excited about this project and the opportunity to continue our mission of providing life cycle housing for people as well as meeting a community need. This has been our commitment for the past 27 years and we hope we might continue our mission for as long as the community need exists. - If I-can provide any additional information to you, your colleagues, or Council members, please let me know. Sincerely, Kathleen LeMay President/CEO KL/le Extract of Minutes of a Meeting of the City Council of the City of Eagan, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, ]Minnesota, was duly held at the City Hall in said City on the day of , 1999, at P.M. The following members were present: and the following;were absent: Member introduced the following resolution and moved its adoption: RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF REVENUE BONDS AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT (DAKOTA COMMUNITIES,INC. PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member ,and after full discussion thereof and upon vote being taken thereon,the following voted in favor thereof: and the following; voted against the same: whereupon said resolution was declared duly passed and adopted. 1098306.1 113 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF REVENUE BONDS AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT (DAKOTA COMMUNITIES, INC. PROJECT) WHEREAS, Dakota Communities, Inc., a Minnesota nonprofit corporation (the "Company"), desires to finance the acquisition and construction of five assisted living facilities located in four different Minnesota cities and to refinance existing indebtedness with respect to five facilities located in four different Minnesota cities,all as described on Exhibit A,4=—ding a facility' located approximately 210 feet west of the'intersection of Pilot Knob Road and Highview Avenue and a facility located at 3020 Poppler Lane,both in the City of Eagan(collectively,the "Project"); and WHEREAS,the Company has proposed that the City of Mendota Heights,Minnesota,issue tax exempt revenue bonds in the approximate aggregate principal amount of $2,500,000 (the "Bonds") to finance the Project pursuant to Minnesota Statutes, Chapter 462C; and WHEREAS,in connection with the issuance of the Bonds it is proposed that a Joint Powers Agreement be entered into among the City and the Cities of Mendota Heights,South St.Paul,Inver Grove Heights, West St. Paul, Maplewood, Vadnais Heights and Crystal, Minnesota pursuant to Minnesota Statutes, Section 471.59; and WHEREAS,Section 147(f)of the Internal Revenue Code of 1986,as amended,requires that each governmental unit in which facilities to be financed by the Bonds are located must approve the issuance of the Bonds following a public hearing; and WHEREAS, a public hearing on this matter was held by the City on the date hereof, and WHEREAS, the Bonds are payable solely from revenues of the Company, will not be a general or moral obligation of the City or any other political subdivision of the State of Minnesota, but will be payable solely from revenues of the Company,to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds and to housing program financing of the Project, substantially as described in the housing program attached as Exhibit B. 2. In no event shall the Bonds ever be payable from or charged upon any funds of the City;the City is not subject to any liability thereon;no owners of the Bonds shall ever have the right 1098306.1 1 � y to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge,lien or encumbrance,legal or equitable,upon any property of the City;and the Bonds do not constitute an indebtedness of the City within the meaning of any constitutional,statutory,or charter limitation. 3. The Joint Powers Agreement (Dakota Communities, Inc.) is hereby approved in substantially the; form attached as Exhibit C; and the Mayor and Administrator of the City are authorized to execute the same in the name of and on behalf of the City. In the event of the disability or the resignation or other absence of the Mayor or Administrator of the City,such other officers of the City who may act in their behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Joint Powers Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof,deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and by the City officials authorized herein to execute the Joint Powers Agreement prior to their execution;and such City officials are hereby authorized to approve said changes on behalf of the City. Adopted by the City Council of the City of Eagan, Minnesota, this day of 1999. Mayor Attest: City Administrator 1098306.•1 2 STATE OF MINNESOTA CITY OF EAGAN I, the undersigned,being the duly qualified and acting Administrator of the City of Eagan,Minnesota,DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office,and that the same is a full,true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving host approval to the issuance of revenue bonds and authorizing execution of a Joint Powers Agreement (Dakota Communities, Inc. Project). WITNESS my hand this day of ' 1999. City Administrator 1098306.4 3 � 6 EXHIBIT A Description of Housing Program Existing indebtedness with respect to the following facilities will be refinanced: giy_ Capacijy Address Crystal 4 3609 Brunswick Avenue N, Crystal, MN 55422 Mendota Heights 4 732 Cheyenne Lane Mendota Heights, MN 55120 West St. Paul 4 157 Emerson Avenue West West St. Paul, MN 55118 West St. Paul 4 219 E. Thompson Avenue West St. Paul, MN 55118 Vadnais Heights 4 463 Walker Drive Vadnais Heights, MN 55127 The following facilities will be acquired by the Company: !Cites Capaci1y Address Eagan 4 Approx. 210 feet west of the intersection of Pilot Knob Road and Highview Avenue Eagan 6 3020 Poppler Lane Eagan, MN South St. Paul 6 Located on cul-de-sac west of the intersection of Congress Street North and Star Lane; directly west of house at 2205 Congress Street North Inver Grove Heights 4 Located in Arbor Pointe Development that begins at the intersection of Cahill Avenue and College Trail; Lot 13, block 1 of Ponds of Birch Ridge Maplewood 6 Between Lakewood Drive and McKnight Avenue East, directly East of house on of at 2345 Maryland Avenue East 1098306.1 A-1 HOUSING PROGRAM RELATING TO THE ISSUANCE OF CITY OF MENDOTA HEIGHTS REVENUE BONDS UNDER MINNESOTA STATUES, CHAPTER 462C,FOR THE FINANCING AND REFINANCING OF HOUSING FACILITIES FOR THE DEVELOPMENTALLY DISABLED, ON BEHALF OF DAKOTA COMMUNITIES, INC. 1. Local Housing Policy. The housing policies of the City of Mendota Heights (the"City"or the Issue")are currently set forth in the City's Comprehensive Plan and in related plans and documents. This Housing Program has been developed pursuant thereto,all in accordance with and as contemplated by Minnesota Statutes,Chapter 462C,as amended(the"Act"). Under the Act, the City,prior to issuing revenue bonds or other obligations with respect to a multi-family housing development, as described in Section 462C.05 thereof, is to adopt a program setting forth the information required by the Act, including but not limited to Section 462C.05, Subd. 6, of the Act. This Program advances the City's stated housing goals by enhancing and increasing the City's supply of affordable rental housing facilities for low income and developmentally disabled persons at reasonable rental rates, and through the renovation, upgrading and improvement of the City's existing housing facilities,all as authorized,contemplated and prescribed by the Act. This Housing Program and the facilities described herein are to be undertaken pursuant to Section 462C.05,Subd. 2, of the Act. 2. Program. This Housing Program comprises an effort by the City to advance its housing and related goals by providing financing and refinancing for the housing developments described in paragraph 4 below (sometimes referred to herein generally in the aggregate as the "Facilities"). Certain of the Facilities will be newly constructed and certain of the Facilities will be refinanced and rehabilitated(all sometimes referred to collectively as the "Project"). The proposed construction of the new Facilities to be built is expected to increase the supply of affordable rental housing facilities for disabled persons. The proposed refinancing of the remaining Facilities is anticipated to produce debt service savings that will permit the maintenance of rates and charges for such Facilities at the most reasonably affordable levels. This refinancing will consist of the payment and discharge of taxable mortgage indebtedness currently outstanding with respect to these Facilities and the rehabilitation of the refinanced Facilities. With respect to the refinancing of existing mortgage indebtedness of the Borrower,the Borrower will undertake at least the minimum amount of rehabilitation with respect to each such Facility as is required under Section 462C.05, subd. 1. The method of financing to be advanced for this Program shall consist of the issuance of revenue bonds (the "Bonds") by the City, on behalf of the jurisdictions listed in Exhibit 1 hereto (the "Participating Jurisdictions"),pursuant to the provisions of the Act and a Joint Powers Agreement to be entered into between the Issuer and the Participating Jurisdictions under the provisions of the Act and of Minnesota Statutes, Section 471.59,as amended. The principal amount of the Bonds is to be not in excess of $2,500,000. The proceeds of the Bonds will be loaned to Dakota Communities,Inc.,a Minnesota nonprofit corporation(the"Borrower")pursuant to a loan agreement with the City, which will provide for the undertaking of the Project by the Borrower and the repayment by the Borrower of the Bonds(the"Loan Agreement"). Under the Loan Agreement,the Borrower will agree to complete each of the projects described in the Loan Agreement and to make or cause to be made payments sufficient to provide for payment in full of all principal of,premium, 1100800.1 if any, and interest on the loan when due. Additional security may be provided for the Bonds as determined by the original purchaser of the Bonds, including a mortgage against each of the Facilities. It is anticipated that the proceeds of the Bonds may also be used,in part,to pay for certain costs of issuance of the Bonds, to the extent such costs are reasonable and are within an amount equal to 2.00%of the proceeds of the Bonds,and to fund necessary reserves,including a debt service reserve fund. Issuance costs in excess of available bond proceeds are to be paid for by the Borrower from funds other than proceeds of the Bonds. It is anticipated that the timetable for the financing will be carried out on an expedited basis and be concluded by not later than the end of the current calendar year. 3. Need for the Program. This Program is needed as a means of implementing the City's stated housing goals, as provided in the Act and the City's Comprehensive Plan. The Comprehensive Plan recognizes and is consistent with a goal of maintaining and improving the number of units of affordable housing for developmentally disabled persons and families in the City. Finally, the City believes that accomplishment of its housing goals should occur through private development, supported by government financing programs. By virtue of issuing the Bonds and providing financing and refinancing for the Facilities,the City will be assisting in the improvement of and the reduction of the overall costs of operating the Facilities. 4. Description of Facilities. The Facilities which are to be the subject of the proposed financing are described in Exhibit 2(all of such facilities being referred to in the aggregate as the "Facilities"). The existing Facilities are currently owned by, and the new Facilities will be owned by,the Borrower. 1100800.1 A-2 Exhibit 1 (To Housing Program) PARTICIPATING JURISDICTIONS 1. City of Mendota Heights 2. City of Eagan 3. City of South St. Paul 4. Eagan 5. City of Inver Grove Heights 6. City of West St. Paul 7. City of Maplewood 8. City of Vadnais Heights 9. City of Crystal 1100800.1 A-3 �v Exhibit 2 (To Housing Program) FACILITIES Approx. Allocable Location Project Type Capacjjy Costs Proceeds* 1. Mendota]Heights Refinancing 4 persons $ 61,100 Address: (+rehab) 732 Cheyenne Lane Mendota Heights, MN 55120 2. Eagan New construction _persons $200,325 Address: Between Pilot Knob Road and Highridge Terrace; directly across from house on lot at 1421 Highview, bordered on east by house on lot at 1408 Highview. 3. Eagan New construction _persons $292,400 Address: 3020 Poppler]Lane Eagan, MN 4. South St. :Paul New construction _persons $292,145 Address: Located on cul-de-sac west of the intersection of Congress Street North and Star lane; Directly west of house at 2205 Congress Street North. 1100800.1 A-4 "TI Approx. Allocable Location Project Type CUacily Costs Proceeds* 8. Inver Grove New construction _persons $200,325 Heights Address: Located in Arbor Pointe Development which begins at the intersection of Cahill Avenue and College Trail; Lot 13, block 1 of Ponds of Birch Ridge subdevelopment. 9. West St. Paul New construction _persons $94,695 Address: (+rehab) 157 Emerson Avenue W West St. Paul, MN 10. West St. Paul Refinancing _persons $105,400 Address: (+rehab) 219 E. Thompson Ave. West St. Paul, MN 11. Maplewood New construction _persons $274,295 Address: Between Lakewood Drive and McKnight Avenue East, directly East of house on lot at 2345 Maryland Avenue East. 12. Vadnais Heights Refinancing _persons $89,775 Address: (+rehab) 463 Walker Drive Vadnais Heights, MN 13. Crystal Refinancing _persons $119,950 Address: (+rehab) 3609 Brunswick Ave N. Crystal, MN 55422 *Includes amounts of allocable reserves and bond issuance costs. 1100800.1 A-5 JOINT POWERS AGREEMENT PROVIDING FOR THE ISSUANCE OF REVENUE BONDS TO FINANCE HOUSING FACILITIES (DAKOTA COMMUNITIES, INC. PROJECT) THIS AGREEMENT is entered into as of the day of November, 1999,among the City of Mendota Heights,Minnesota("Mendota Heights");the City of Eagan,Minnesota,("Eagan");the City of Crystal,Minnesota("Crystal");the City of South St.Paul,Minnesota("South St.Paul");the City of Inver Grove Heights, Minnesota ("Inver Grove Heights"); the City of West St. Paul, Minnesota("West St. Paul");the City of Maplewood, Minnesota, ("Maplewood"); and the City of Vadnais Heights("Vadnais Heights"); (collectively,the "Cities", or individually, a "City"). Each of the municipalities named above is a municipal corporation duly organized under the laws of the State of Minnesota. 1. Minnesota Statutes,Section 471.59(the"Joint Powers Act")provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties,and may provide for the exercise of such power by one of the participating governmental units. 2. In connection with revenue bonds issued under Minnesota Statutes,Chapter 462C and Section 469.152 to 469.1651 (the "Act"), Section 462C.14, Subd. 3 provides for joint action between cities pursuant to the Joint Powers Act. 3. Dakota Communities, Inc., a Minnesota nonprofit corporation (the "Company")has proposed that the Cities enter into this agreement pursuant to the Act,pursuant to which Mendota Heights will issue one or more series of revenue bonds(the "Bonds")in an amount not to exceed $2,500,000 and loan the proceeds thereof to the Company to finance the projects described in Exhibit A. 4. Each City will adopt a resolution (i) evidencing its intent to undertake the housing program applicable to such City,(ii)evidencing its intent to enter into this Agreement,and (iii) granting host approval (or,in the case of Mendota Heights, granting approval)to the issuance of the Bonds asrequired under the Internal Revenue Code. 5. Mendota Heights shall exercise the powers of the Act by adopting,approving and executing such resolutions, documents, and agreements as shall be necessary or convenient to authorize,issue,and sell the Bonds and such other resolutions,documents,and agreements as shall be necessary or required in connection with the issuance of the Bonds and giving effect to or carrying out the provisions of this Agreement and documents under which the Bonds are issued and/or secured. 6. The Bonds shall be special,limited obligations of Mendota Heights,payable solely from proceeds,revenues and other amounts pledged thereto. In no event shall the Bonds ever be payable from or charged upon the general credit,taxing powers or any funds of any of the Cities; 1098283.1 1 the Cities are not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of any of the Cities to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of any of the Cities; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of any of the Cities; and the Bonds do not constitute an indebtedness of any of the Cities within the meaning of any constitutional,statutory,or charter limitation. No amount of the Bonds will be allocated to any of the Cities other than Mendota Heights for purposes of Section 265 of the Internal Revenue Code of 1986, as amended. 7. This Agreement shall terminate upon the retirement or defeasance of the last outstanding Bonds, and this Agreement may not be terminated in advance of such retirement or defeasance. 8. This Agreement may be executed in counterparts,each of which shall be an original, but such counterparts shall together constitute but one and the same instrument. 1098283.1 2 sy IN WIT'4ESS WHEREOF,each of the Cities has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. CITY OF MENDOTA HEIGHTS, MINNESOTA, as Issuer By Its Mayor By Its Clerk-Treasurer 1098283.1 3 mss` CITY OF EAGAN, MINNESOTA By Its Mayor By Its Administrator SIGNATURE PAGE TO JOINT POWERS AGREEMENT 1098283.1 4 S6 CITY OF CRYSTAL, MINNESOTA By Its Mayor By Its City Administrator SIGNATURE PAGE TO JOINT POWERS AGREEMENT 1098283.1 5 S? CITY OF SOUTH ST. PAUL, MINNESOTA By Its Mayor By Its City Administrator SIGNATURE PAGE TO JOINT POWERS AGREEMENT 1098283.1 6 CITY OF INVER GROVE HEIGHTS, MINNESOTA By Its Mayor By Its City Clerk-Treasurer SIGNATURE PAGE TO JOINT POWERS AGREEMENT 1098283.1 7 CITY OF WEST ST. PAUL, MINNESOTA By Its Mayor By Its City Administrator 1098283.1 8 Z✓ CITY OF MAPLEWOOD, MINNESOTA By Its Mayor By Its City Administrator SIGNATURE PAGE TO JOINT POWERS AGREEMENT 1098283.1 9 6/ CITY OF VADNAIS HEIGHTS, MINNESOTA By Its Mayor By Its City Administrator SIGNATURE PAGE TO JOINT POWERS AGREEMENT 1098283.1 10 e�� EXHIBIT A Description of Housing Program Existing indebtedness with respect to the following facilities will be refinanced: Ci1y Capacily Address Crystal 4 3609 Brunswick Avenue N, Crystal, MN 55422 Mendota Heights 4 732 Cheyenne Lane Mendota Heights, MN 55120 West St. Paul 4 157 Emerson Avenue West West St. Paul, MN 55118 West St. Paul 4 219 E. Thompson Avenue West St. Paul, MN 55118 Vadnais Heights 4 463 Walker Drive Vadnais Heights, MN 55127 The following facilities will be acquired by the Company: Ci Cgpacily Address Eagan 4 Approx. 210 feet west of the intersection of Pilot Knob Road and Highview Avenue Eagan 6 3020 Poppler Lane Eagan, MN South St. Paul 6 Located on cul-de-sac west of the intersection of Congress Street North and Star Lane; directly west of house at 2205 Congress Street North Inver Grove Heights 4 Located in Arbor Pointe Development that begins at the intersection of Cahill Avenue and College Trail; Lot 13,block 1 of Ponds of Birch Ridge Maplewood 6 Between Lakewood Drive and McKnight Avenue East, directly East of house on of at 2345 Maryland Avenue East 1098283.1 A-1 v1,3 Agenda Information Memo November 16, 1999 Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: • The City Code allows for collection through certification of false alarm bills, which are not paid. • At the October 5 City Council meeting, a public hearing was scheduled for the November 1, 1999 City Council meeting. • At the October 19 City Council meeting, the public hearing was rescheduled for November 16, 1999. • The delinquent false alarm bills are $75 per false alarm with a 10%penalty and a $25 certification fee. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Proposed assessment roll, page . OUSTANDING FALSE ALARMS 1999 FOR PUBLIC HEARING 11/16/99 OUTSTANDING PROPERTY ID DOLLAR AMT. 10-22527-010-01 82.50 10-45001-010-01 660.00 10-47401-020-01 165.00 10-22512-010-01 82.50 10-22525-010-02 82.50 10-83954-030-02 82.50 1,155.00 bs Agenda Information Memo November 16, 1999 C. OLD SIBLEY MEMORIAL HIGHWAY RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of public street right-of- way on Old Sibley Memorial Highway and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On August 4, 1999, City staff received a petition from John J. Young requesting the vacation of 41 feet of an 81-foot wide half street right-of-way of Old Sibley Memorial Highway adjacent to Parcel 013-56, Section 19 (southwest of the Highway 77/Highway 13 interchange). • On August 17, the City Council received the petition for this vacation, but delayed the scheduling of the public hearing until after the approval of the redevelopment study of the Cedar AvenuehTighway 13 Area. • On September 7, the City Council approved a recommendation from the Cedar Avenue/Highway 13 Redevelopment Task Force to remove properties in the southwest quadrant of the Highway 77/Highway 13 interchange from the interim ordinance (moratorium)established in May, 1999. • On October 19, the City Council set a public hearing for November 16, 1999, to consider vacating said portion of the Old Sibley Memorial Highway right-of-way adjacent to Parcel 013-56, Section 19. • The purpose of the request is to allow for the possible development of the property and provide a more uniform right-of-way width for adjacent properties. No development applications or proposals have been received to date. • The request would vacate a portion of the `old' Highway 13 right-of-way that is well in excess of what is currently required by the City of Eagan for public street right-of-way. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location map, page�• • Proposed Right-of-Way Vacation, page-A2-d—. i I -p IJ` HAZEL p RD. O 3800 I-- --_ _ _ SILVER BELL aq 73 MOR\Pa- ��.� o -' Crw r, Z W 5�8�� F' GOLD PT. 3�. GOLD WOODHAV > ®� PARP 0 40 89 ROPE c• �� S° Z ��°Jo• � o = 4000 0 ►- C �: ,STONE a: 2 y Q J �J SIBLEY 3 0 > CgRN �" LNC uj (^ CT. � i i pC�� pQ' Gy l ZZ a qpF CA ELI 0 SZR�PSAPP IRE2 ADE LANE �4, 2 R Op R 3. CEDARo Q P� ZIRCON LN. G�CS IES �E£Ksrp f c, 64 0 �� 22 J DIFF EY RD. CORAL LN. p HIPMUNK CT. 65 z o h uj m z 0 Z TIMBER �y OHO 0 N 0 BER W 0 o T1 1 I 2 � _ R CT. -� cn BADGER GLORY DR. ����MgRo PROPOSED VACATION SECTION 19 Q city of eagan PUBLIC LOCATION MAP IM w WORKS 6 DEPARTMEN `sf in zsz � • a` u %A to I AAS ; 66 4 •::;, ... :•.11• :•:::::: .. B Jr si � eyo' y �. P3' Desi` :•: ....... ! m I { ` O �'tr I �1 cn IfXa2� ! r i r i < P � � nE ee jE1.s[ �l'{fj��rt fg[ i itfit }{ 'a a r• - t ��s• toy � • r .I�t t� r n � ta}tA;ra� nne Agenda Information Memo November 16, 1999 Eagan City Council Meeting VII. OLD BUSINESS A. ACCEPT REPORT,COMMUNITY FACILITIES LAND ACQUISITION TASK FORCE ACTION TO BE CONSIDERED: To accept the Community Facilities Land Acquisition Task Force Report and provide direction to staff to continue to pursue the public-private partnerships, continue negotiations to acquire the property, and to explore all possible funding options. FACTS: • The Community Facilities Land Acquisition Task Force was formed as a result of discussion at a Special City Council meeting held on August 24, 1999 and ratified at the regular City Council meeting held on September 7, 1999. • The Task Force was charged with the responsibility of determining how much property would be necessary to acquire to meet the needs of the community for a "community park"and a future community/recreation center. • There have been five well-attended Task Force meetings that have been facilitated by the Director of Parks and Recreation. • George Watson,principal planner for Brauer and Associates attended three of the meetings and provided technical expertise in helping the Task Force to develop their recommendations. • At the Special City Council Meeting on November 1, 1999 members of the Task Force presented their report and recommendations to the City Council. The report contained the following general concepts: 1. The area in the northwest quadrant of Yankee Doodle and Pilot Knob Roads is an appropriate location for this type of park. 2. At a very minimum 34 acres is needed to meet today's program needs,45 acres is better and is the consensus recommendation and finally, some support exists to acquire the entire 80-acre site. 3. As much property as possible should be purchased today to allow for the future. 4. This site is probably the last property in Eagan potentially available for this type of use. 5. In addition to the uses specifically noted in the Task Force Report, potential uses of a park and various facilities at the site are unlimited. 6. The opportunity for public-private partnerships exists with the corporate neighbors. 7. Acquisition of this property for a central park provides an opportunity to develop a vision beneficial to the entire community. 8. The Task Force has not spent time refining any type of facilities, instead focused on the amount and location of land to meet current program needs. •. After discussion on the report,the City Council directed that the item be brought back to the November 16, 1999 regular City Council meeting for further deliberation and official action. • Staff has continued to work on the public-private partnership opportunities and funding options. All three neighboring corporations have been contacted to explore joint use of land, parking and other partnerships relative to a Central Park. Enclosed is an official response from UNISYS. Similar responses are expected from Northwest Airlines and Lockheed Martin. • Upon receiving formal City Council direction, staff is recommending that the following activities continue to receive top priority: 1. Staff continue to pursue the public-private partnership opportunities. 2. Staff continue negotiations to acquire up to 45 acres of the property. 3. Staff continue to explore previously noted and any additional funding options that may be available. • It is probably premature to establish a firm timeline to complete related tasks at this time,however every effort is being made to prepare a response for consideration by the City Council in early December. • Future activities, if the property is acquired, could potentially utilize a task force that could consist of both existing and new members. The task force mission could include the development of a master site plan reflecting the community needs and the adjacent corporate interests. The task force could also explore various building options, i.e. a community center and the amphitheater/band shell proposed by the Eagan Rotary Club as two examples. • Once the City acquires the property a rezoning to public facilities would be necessary. • Task Force members have been provided this information and invited to attend the City Council meeting to make a presentation or to answer questions as desired by the Council. �a ATTACHMENTS: • The findings of the Task Force are enclosed on pages /oz through. • A letter from UNISYS outlining their interest in pursuing the partnership is attached on page _. �s MEMO city of eagan TO: TOM HEDGES,CITY ADMMISTRATOR FROM: KEN VRAA,DIRECTOR OF PARKS AND RECREATION DATE: OCTOBER 29, 1999 SUBJECT: COMMUNITY FACILITIES LAND ACQUISITION TASK FORCE The Community Facilities Land Acquisition Task Force completed their task and are prepared to present their recommendations at the workshop session on Monday,November 1. The Task Force was charged with the responsibility of determining how much property would be necessary to acquire to meet the needs of the community for a"community park"and for a future community/recreation center. The site was limited to the"Scenic Enterprise"property located north of Yankee Doodle Road and West of Pilot Knob Road. (Attached is an aerial photo of the site with adjoining properties along with various easements that cross through the property) The Task Force met for five meetings. The Task Force's first meeting was September 9 and was open to everyone who wanted to participate. (A list of those who participated in the Task Force is attached.) The group is a broad based representation of the community and included nearby residents to the site. The first meeting included a review of the assignment given the Task Force, a review of the physical constraints on the property, adjacent property use and the process the Task Force would follow. The Task Force . was also given a"homework"assignment to prepare them for the subsequent meetings. That assignment was to define how they would use the property for an event or activity in terms of number of people, elements required for the activity, critical relationships between elements, etc. to help define what they required to meet the activity's needs. For the second part of the assignment,they were asked to visit the site to become familiar with the property in question. Subsequent meetings of the Task Force focused on the needs of the community and the potential elements of a future community/recreation center in order to help define the potential foot print and parking lot requirements. Attached is a brief summary of the various program components the Task Force identified. George Watson,principal planner for Brauer and Associates also attended the meetings. Brauer and Associates is the park planning firm used by the Community Development Department to study a residential/park development proposal in 1996 for the 80 acre site. Mr. Watson recently presented to the Task Force a response to the needs they expressed. A reduction that reflects the minimum space needed to meet the program needs expressed by the Task Force is attached. This analysis was reviewed by the Task Force at their October 18 meeting. 9c� TASK FORCE CONCLUSIONS: At the final meting of the Task Force on October 25,the group asked clarifying questions about the described area and then came to a consensus that the entire area shown in the Brauer graphic is the minimum area that needs to be acquired. The group then went on to say that the area did not provide for future needs of the community. They continued that it did not allow for expansion of programs identified for the site. Consequently,the Task Force unanimously agreed to recommend that the City Council seek to acquire approximately forty acres. Some members of the Task Force even went further, suggesting that the Council try to acquire the entire 80 acre parcel, and what is not ultimately used could be sold later as "surplus property". Some members were concerned that if the City were to pursue this proposal,it miight delay the development of the project site(community center and park) because it would take all the funding. Representatives of the Task Force were selected to speak to the Council about the site and the community/recreation center needs. The Council may see other Task Force members at the meeting. i a t r Raleigh Seelig Sue Hegarty Pete Malamen 1774 E. Bluestone Dr. Eagan Convention &Visitors Bureau 3053 Woodlark.Lane - Eagan,MN 55122 1474 Yankee Doodle Road Eagan,MN 55121 Eagan,MN 55122 Robert Kane Carla Heyl Kevin Larson 1795 Carnelian Lane 1306 Kolstad Lane 4225 Yorktown Drive Eagan,MN 55122 Eagan,MN 55123 Eagan, MN 55123 Larry Lundberg Mike Ferber Tim Staley 4140 Prairie Ridge Road _ 725 Granite Drive 4236 Trenton Road Eagan, MN 55123 Eagan,MN 55123 Eagan,MN 55123 Clyde Thurston Jeff McCormick Paul Teske 4712 Penkwe Circle 14366 Ebony Lane 2292 Clark Street Eagan,MN 55122 Apple Valley,MN 55124 Eagan, MN 55122 Susan Mandel Lee Markell Joe Bari 3154 N. Jurdy Court 895 Park Knoll Drive 3033'Timberwood Trail Eagan, MN 55121 Eagan,MN 55123 Eagan,MN 55121 Cathy Clark Margo Danner Mike McGinn 3246 Black Oak Drive 2037 Flint Lane 1451 Blackhawk Lake Dr. Eagan,MN 55121 Eagan,MN 55122 Eagan,MN 55122 Patsy Schroeder Gunnar Isberg Tom Wilson 12970 Exley Ave. 1528 Blackhawk Rd. Ct. 1476 Englert Rd. Apple Valley,MN 55124 Eagan,MN 55122 Eagan, MN 55122 Donna Tilsner Holly Duffy John Willenburg Ken Vraa Shirley Lawrence • 4068 Magnetite Point Tom Hedges 3885 Cinnabar Dr. ;an,MN 55122 Jamie Verbrugge Eagan,MN 55122 Joanna Foote Paula Nowariak Jeff Asfahl Ann Carlon Terry Davis Ra Wade Eagan Visitors &Convention BureauY 1474 Yankee Doodle Road 4895 Safari Pass 4283 Amber Dr Eagan,MN 55122 Eagan, MN 55122-2690 Eagan,MN 55122 Jan Stapleton ' Northern Dakota County Chamber �°n Kahnke Dan Klekner 1474 Yankee Doodle Rd 781 Elrene Ct 4336 Dorchester Ct Eagan,MN 55122 Eagan, MN 55123 Eagan, MN 55123 Jerry Marko Judy Stewart Martin DesLauriers 160 Herald Way 4106 Slackhawk 4526 South Mallard Trl Apple Valley,MN 55124 Eagan, MN 55122 Eagan,MN 55122 (gone) George Watson Brauer&Assoc,Ltd. Suite 1 10417 Excelsior Blvd Hopkins,MN 55343 r F Identifiable Elements: Primary User/Event Open Face Stage,w/elect.&lighting Bandshell,Espress,July 4 Natural Bowl(1/2-bowl)shaped terrain Changing Area/Room Bandshell,July 4,Yankee,Espress Storage Room/Space Bandshell,July 4,Yankee,Espress 100 Amp./220 plug Electrical Service July 0,Yankee Doodle min.20 outlets Sound System Espress Fest,July 0, Bandshell 15,000 watt P.A Bathrooms All Flat ground area(for vender booths,etc.) Yankee,July 4'h Parade Route w/feeder streets&staging/drop-off areas July 4`h,Eagan Go Bragh Drinking Water All Non-drinking water July 4'h,Yankee Parking Fireworks,Bandshell events Pathways All Pedestrian Lighting Sufficient safety radius w/viewing radius Fireworks Marquee/Reader Board All Fencing/Gated Entrance Large Music/Ticketed Events Telephone(s) All ADA Accessible All Large Movie Screen/Projection surface Picnic Area/Benches Public Gardens Bon Fire Ring Other representative events suggested and"features" Farmers Market, Winter Activities,Tree Lighting,Celebrations centered around holidays,landscaping, flower beds,(urban gardens)fountains,art exhibits,concessions booths. 3 3 Communitv Center Needs List Senior Center: • Large kitchen w/2 refrigerators, 2 stoves, lots of cupboards • Large library w/TV • Exercise room/game room/craft rooms/computer rooms • Several smaller rooms for more activities--some carpeted, some tile • Shared space for storage • PA system • Piano EAA: a Gymnasium(s) (basketball, inst baseball/softball • 4 full-court basketball/hard court-bleachers, spectator space,movable benches, equipment room • 4 lane iridoor'track • movable:batting cages (ceiling) • Office space-computer space • Kitchen • Eating/meeting room space Lioness: • Space for style show or similar events • Banquet space/hall • Garage sale space • Area to display awards • Beer tent Historical Society: • Space for storage/filing, archiving of materials • Office/computer work area • Work area for processing/inventorying and clean-up of materials • "Library"/Public work space for public access of H.S. Files/documents • Display mases in public community center areas/hallways, etc. • Display room for larger exhibits/public displays Art House: • Larger space to orient largr. groups • Display area rooms/sales a:ea Youth/Teens/Family Programs: • Coffee House"hang-outs"-Comfortable couches/bean bags • Sound system • Computer/games • Day care centers -days & evenings • Non-adult size spaces/bathrooms/fixtures (could be child care space w/other programs, • Family-oriented space • Multi-pwpose areas & storage jf+ t-iac s���itE.! „�. •F:,f+ Eli r Ei t4 3_: � � I �a -,•. � ,�- Wim.^ �r�+C*•wr ap _ � -s' ...yti t "S'� � �_` � � -!iii�- r . OL ♦ ! ap,,,: ". sAr '. z et. � ?K �_ � •.`- t, ._'�.r M.+y - X6.3 a��a��.'� y-'•- �� --� -` - ''E<'E`r: . Xf it C{« ay. '� 4 ",.^ sem[e �•�y _ £ �� � �' p.�� Y � rc,� E `t��# �' �€/ mac• �• K ;4AP N .A , t • • 1 1 D . • 0 1 Al u 1 • LAND wlrFmJ 3 VER77CAL D I ! FEET of 100 YR.FLooD 1 -Northw ,. F1EWQioN-IACRFS i ' irlina� � A ` • rE WON QEF'°°° o t+s..-BunJMc - `�`��;� •�'� cTvlc srwcE AND srRuc,vRF� j SETRACKELEYATION ;:-' `,>" SEATING FOR.DO-s008PECTAIURS • LAND=ABLE FOR STRUCTURAL lr t''' Fos=LE CONCERT STYLE SE1GI G; • DEVELOPMENT-12 ACRES '•: ,. E;(PANSION FOR 3,500 SPECTATORS '� �%fiti�l�i�ti �' tti`� � ti ' �•�! AREA-.3+AACRES ; •.; ��•-`1 NSP EASEMPNT � ' o} = 1 UTILITY EASEMENT ' t :; _ nlsclT�RCE RFA _ • ADC)MONAL AREA'OUTSME STUDY AREA 1 LIMITS RECOMMZMIW FOR ACQUISITION • - III ,• \ J AREA OF SIGNIFICANT VEGETATION AND • VISUAL ACCESS TO PUBLIC FACILITIES-t ACRES 1 ! / PARKWAY DRIVES • L..•_._._...._._._. _/ 1 _._._. 1 Duke Realty Development Central Park Property Analysis i Lockheed ? j Martin • cL��sL�-U�Sa i O i 1 - r— 2W •W sw Fig. 10 j Scale: 1"=400' North a e2 MEMO city of eagan -TO: City Administrator Hedges FROM: Finance Director/City Clerk VanOverbeke DATE: October 28,1999 SUBJECT: Potential Funding For Land Acquisition At your request,I am providing this information about potential funding sources available for use in the acquisition of land to be used primarily for recreational or park purposes. While it is somewhat difficult to determine actual dollar amounts that might be available on short notice,I believe that the following options and estimates provide a reasonable starting point. I have considered only potential sources from non-operating funds. • General Obligation Bonds This funding source provides the most flexibility in terms of how much money could be available,tempered by the fact that it requires a referendum. Bonds could be used in connection with amounts available from any other source or combination of sources. • Park Site Acquisition&Development Fund The Advisory Parks Commission in their 2000-2004 CIP recommendations calculated that there would be$2,550,000 available to spend during that five-year time frame. The estimate was based on approximately$2,058,960 in cash being available at January 1,2000. The cash balance could probably be increased by another$400,000 due to additional Park Dedication revenue received during 1999, generating a total available of$2,458,960. Any assumption that some or all of this money is available for a current acquisition should recognize the impact on the proposed CIP,as there are no replacement funds available absent a referendum. Given the time frame on the request for information, I have not had the opportunity to review this information with Director of Parks and Recreation Vraa. Certainly,Ken and the Commission understand the implications of redirecting this revenue source better than I do. • Community Investment Fund The CIF has a currently available cash balance of approximately$1,133,000. I am not aware of funding priorities for this balance. If the generator project goes forward,the CIF is a possible funding source for that expenditure. There will be additional money coming into the CIF over a period of time. For example,there is an assessment balance of$221,000,however it is currently deferred under green acres. The money will be available when and if the property looses its green acres status and is collected. There are a number of other receivable balances that will be collected over a period of time. Since they are not cash,I do not consider them available to finance anything else at this time. I expect that in future years as more special assessment bonds are retired additional money from those debt service funds will be available for the CIF as well. However,I feel that it would be inappropriate to attempt to use any of that money at this time. V � • Cther There are at least a couple of Funds that have the capacity to loan money to another fund for the purpose of acquiring land,however that type of loan would need to be approved from a legal standpoint and there would need to be a defined and dedicated revenue stream to make repayment. This type of funding could be seen as circumventing the referendum process,especially if tax revenues are used to repay the loan. There is at least one parcel of City owned property within the City that could be sold with the proceeds used as a revenue source for purchase of something else. However,that particular parcel was purchased with Storm Sewer Trunk funds, and sale proceeds should probably go back to that source. I believe that these,are the options that could be given consideration for funding of the acquisition of land to be used for Recreational or Park purposes. Perhaps with some brainstorming the list could be expanded or modified. Please let me know, if you would like anything else or if you would like clarification on anything in the memo. Finance Director/City Clerk v� UNISYS } Donald M. Schlafer MS F11<05 Unisys Corporation 3199 Pilot Knob Road Eagan, Mn. 55121 November 1,1999 Thomas L. Hedges City of Eagan Administrator 3830 Pilot Knob Road Eagan, Mn. 55122-1897 Dear Mr. Hedges; I enjoyed meeting with you, Mayor Patricia Awada, and Ken Vraa, Director of Parks and Recreation, and appreciate your time in discussing the proposed Eagan Community Park. Unisys agrees that the proposed Community Park would be of value not only to Eagan residents, but to our employees. We feel that some type of partnership could be developed of benefit to both parties. Unisys is not opposed to occasional usage of sections of our parking lots for special events, or of the possibility of some type of shared land usage of the south west comer of the Unisys parcel. I would suggest however, that additional meetings be held to discuss specifics of the agreement once more information is available on the details of the Park plan. A liability agreement would also need to be developed acceptable to both parties. Please call me at your convenience to discuss a possible time for another meeting. Sin rely, Donald M. Schlafer Unisys Eagan Facilities Management Cc: Jean Krueger - Unisys Corporate Facilities g� Agenda Information Memo November 16, 1999 Eagan City Council Meeting B. OFFICIAL MAP#1.NORTHWOOD PARKWAY ACTION TO BE CONSIDERED: Adopt/Cancel Official Map # 1 (Northwood Parkway) and authorize the acquisition of right of way through Eminent Domain, if necessary. FACTS: • On November 1, the City Council again considered an Official Map for the proposed right of way for the extension of the Northwood Parkway Ring Road through the Glen Pond Apartment complex. It was reported that the property owner's representatives were scheduled to meet with city staff the next day (Nov. 2) to review a proposal that would accommodate the right of way and incorporate the anticipated MnDOT property acquisition. Subsequently, the Council decided to continue the Official Map consideration for two (2) weeks. • On November 2, Planning staff met with the developer and reviewed a concept site plan that adequately accommodated the proposed right of way for Northwood Parkway as proposed by Official Map# 1. Staff will perform further analysis on City Code development and zoning standards compliance when a formal application has been submitted with all necessary support information. ISSUES: • The developer and owner have been working cooperatively with the City to accommodate this proposed right of way. Although the adoption of the Official Map would preserve the Northwood Parkway Ring Road alignment concept should the developer ultimately decide that he is not interested in the MnDOT land swap, they are not interested in having the Official Map adopted at this time. Future approval of a successful development proposal incorporating the MnDOT land swap would provide for the dedication of the necessary right of way negating the need to Official Map it or acquire it through condemnation. ATTACHMENTS.- Official TTACHMENTS:Official Map# 1, page . g n .a.,.........�..T..v r tit t ------ -------- ea,.. PILOT 10108 RD. ___ _ _ ___� F �' =F�} G Z—4 rn in X � 8 ---- 1` ..3S DENINM AVE. DEIItaR1(AVE.4-4 E a a b as PR0MD aM AVE. _. si§a s lE1tl I.AVE. - v�, T - n � Agenda Information Memo November 16, 1999 Eagan City Council Meeting OLD BUSINESS C. Project 663,Adjustment to Final Assessment Roll,Valley View Plateau ACTION TO BE CONSIDERED: Approve an adjustment to the certified Final Assessment Roll for Project 663,Valley View Plateau and authorize the appropriate refunds with interest on cash payments at the rate of 6.5%. FACTS: • Project 663 provided for the rehabilitation and upgrade of streets and utilities and the installation of storm sewer in the Valley View Plateau neighborhood. The Final Assessment Roll was adopted and certified as a result of a public hearing held on May 4, 1999. As a result of property owner inquiries,the Finance Department as directed by the City Administrator,performed an internal financial audit of the calculation and allocation of the final assessments for street and storm sewer. As a result of that audit, it was determined that an adjustment to the Final Assessment Roll would be appropriate for Council adoption. • The adjustment is a result of considering the storm sewer and street improvements separately when calculating the maximum assessable benefit as determined by property appraisals rather than combining them as presented in the original report. Although the original assessment roll was prepared in accordance with the City's policies,the unique combination of improvements did not fully recognize the different lot sizes when calculating the trunk storm sewer obligation. The result is a recommendation that each lot be assessed $2,400 for street improvements and$0.082 per square foot to a maximum of$2,250 for trunk storm sewer rather than a flat total of$4,500 per lot for both street and storm sewer per the benefit appraisal analysis. Again the refund results from unusual circumstances in that the improvements were completed at different times with the storm sewer assessments being deferred from an earlier project. • The total refund amounts to$16,331.28 (5.2%)of the original $312,380 assessment and would be financed by the Trunk Storm Sewer Fund. The City's total contribution on the overall project would increase from$857,892.52 to $874,223.80. ISSUES: • In order for this refund to be properly credited at Dakota County for the year 2000 and future payable installments,it would be beneficial to adopt it at this time. Any property that had paid their assessment in full to date would receive the appropriate refund with interest at the rate of 6.5%directly from the City. } ' Y tt '# 'c r i r9r r N s�n.€ ": r - -P-i ...s -" Fitt.•�� T `. .'...°'e-w%�Sx,t" •ty v Y'J$ n_� AIM �x•.:: y' *y`s * eiE a a �ensiag p�sat<an •# 'rYd �';'`* �,�'ityn xe",r 9••t;.!�e+iw s' -# > Us �. } - nn_�'p�s,••t yr` �."•, asp �� ��.e" 3.'.•�tt �' _rte .��`'::. a '" ."' '�,y :;� us-,�,,. .'- ... Yac{- ' t ^y^_c_ w1 tu ywy�'E a. � a P. ��i�^q nom;+. 5 J".,�.f- ,b� � e{:.�u.Azsgy��,H�`re"��• �. '3�rzhyn�'"R Ti'>�2 �4{-y gt -„'s-c 7c a 3� r-+ 1.-"•�} �:��.: 7,; "{ _- i a _. .. 7f�b'y"."� � > +; � ..•c" sZ _ g}� n ! ��P�t-1 :' .t:•R Asa / E 'NamA,�k�t ' = �► 6A J ci�, Phone. x l ~ 7�=TY _F—A�r�l 3 �a�, 's"p �t ri.,'�.x,'S -k'r rf'f»,.'4� { 'a. �k�f ,w, zk ..�� j •'c ".F��f k `s' -'al£3.;, ro� . fw1 �frj'1.1 t $us,ness Namez- FAY • G• � ? /S tiq'��V A V6. : Name a � � w �¢ � ° drCS3 - & . . 77 Z 5 x Z i Telephone , i� �E .'y ,`�' � a�* "+-,;- �rt�'•�s, +f.'. s'�..r=.� *,��,,,,_ 'z ''.e7� ��' � � n u- ,`,� �� �.. � �i� •c ti,, ,_ .. p� i/w � �+vE .�I Oji-• ''O�f'j �� + '-_,� }1 ,, j 'h"7a.. k > V- unictpairt�es where presently 1►ce sec / !`Z, I/Y��G/ '— PaLvo LICENSE TYPE: F _ Residential Refuse/Recycling{N.uniber of �- Required for haulers serving single family detached,dupleic and four Alex ;g ; �Y Recycling and compost-vefiioles may be'included in the residential license, tf operatedby =¢r single company. 1~ach frust be counted as an additional State,county aril city mandatesrequire residential recyc}ing"opportuntttesbe provided ,;,, r Additional requirements-0ut7mA m-Hauling Qrdinance as attached K ,n- x X� t ;. af.,.� i `_. } '::-N -�.`-�e"3 1, 'y_ �,s,x.7 Jj -", -,. f 2 >`}, . � � � s ✓ �"``,� 4- Resideahal Recycing Only STI ) F P ax umhrr of trucks _ 't�� '� w r - . ourR uircd for haulers performingonlyresidential rec c 'figfor single family,du lex and f plexresydential. r ;y ' Applicable to independent funis,subcontractors,and licensed haulers y 4 ... � .• _�• - s..'_- -iii %� - aKr��' FEES $50 for first vehicle,plus$25 for,-each additional�+ehicle s . TOTAL NUMBER OF VEHICLES TO t3PERtl,TE INEAGAN AP S \ t t 7 J Y S. '^1' 33e p. } cp ✓tn '4.' - 4. rT v-`,yT ryy`iY-, 50 ,� F � �* x�' yyN�/ +i.'*: "- �` Wim' 47, a rT .3$� *Vehicles used in more.tliait one itWnsft category inust fill out a separate application,but pay only one fee ;= " per truck Example One truck which picks both residential and commercial recycling needs two licenses,but only f.� l& fee 'lease note if this is applicable 4 Z M ,3� f � -•r€'-� �r..X 4,5;t...x'R.' e`x'"`� 'a5` Y t�`.it r }•c' :. Y i."+'{ieY '� .£fl, e following must be itnc`luded iin a or'1`or your application t�ti VM fie rocessed e, r� iotoXfiicle Insurance S" D lDate oTEzplration yrs` = ' r ": � '� � :a rte„ r�4'ttrlfer'8 Comp psuranoe3 lc ollate ofEz ration `� t 7t xis ' �-�� .� .�,4 "5: '�> n t•_ � �� plor .. '.sF., -' .moi '7r 1 .r .}"�,Y.`-3 ,��.t s .+'.t• h'�„yl:-� ,� [v G- + - tY'X-�• 'a°` icr .�,',s,-t :.,�� s It yoin company wishes to operate asomtaepil Mttlti 7e'Dvvell ' ' 'uuiler,a eorrespbnding lieeosc'tarsi f Med stn �dditiQna7 i ices m `tt1 ',ratswchon alon�iltebns r r , � fit`uiQild�itu�obeats�l. `: r ' r . .� f rim applis�hon forms d6esums ,A OCT-17-2000 16:39 U.S. BANK CPFS) 612 973 0029 P.01iO3 Winrnesota Lawful Gambling Page 1 of 2 B/oo For Board Uso Only LG220 - Application for Exempt Permit ',Fee - $25 Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number U rn5 vi j1 e 9633- j Street City State/Cp CodeCounty ,P4 1 X r3 vrn5V� le 5 33 Name of chief executive office(CEO) First name Last name Daytime phone number of CEO nn r SS r S� 70 7— X a4 Name of treasurer Daytime phone number of First name Last name treasurer_ Type of Nonprofit Organization Check the box that best describes your organizarlon: ❑ Fraternal ❑ Religious ❑ veteran Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application. ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization (� Proof previously submitted and on file with the Gambling Control Board -Gambfine Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) d ug, I C I) Address (d6 not use PO box) City State/Zip Code County 61 INA) Date(s) of activity(for raffles, indicate the date of(Me drawing) Check the box or boxes that uidicate the type of gambling activity your organization will be conducting; Ej•BingoRatites ❑•paddlewheels ❑Pull-Tabs ❑-T'ipboards *Equipment for these activities must be obtained from a I' incensed drsVibutor. This form will be made available in Your name and and your organization's thefollowing: Board members,st0 fthe alternative format (i.e. large print, Braille) name and addrms will be public information Board whose work assignment requires upon request. The information requested when received by the Board. All the other that they have access to the information; on this form(and any attachments)will be information that you provide will beprivate the Minnesota DepartmentofPublic Safety used by the Gambl)ng Control Board data about you until the Board issues your the Minnesota Attorney General: the (Board)to determine your quaLfcations to permit. When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in permit,all of the information that you have Administration,Finance,and Revenue;the Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor,national and supply the information requested-,however, applying foryourpermit wilfbecome public. international gambling regulatoryagencies; if you refuse to supply this information,the If the Board does not issue you a permit, anyone pursuant to court order; other Board may not be able to determine your all the mformationyou have provided inthe individuals and agencies that are qualifications and,as a consequence,may process of applying for a permit remains specifically authorized by state or federal refuse to issue you a permit, if you supply private, with the exception of your name law to have access to the information: the information requested, the Board will and your organization's name and address individuals and agencies for which law or beable to process your applicallon. which will remain public, legal orderauthorizes a new use or sharing Private data about you are available only to of information after this Nolice was given; and anyone with your consent. OCT-17-2000 16:39 U.S. BANK CPFS) 612 973 0029 P.02iO3 Application for Exempt Permit-LG220 Page 2 of 2 Organization Name e/oa Local Unit of Government Acknowledgment If the gambling premises is within city limits,the if the gambling premises Is located In at township, both city must sign this application, the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county Is taking on this application. The city approves the application with no n The county approves the application with no waiting period. LJ waiting period. QThe city approves the application with a 30 day waiting period, and allows the Board to issue a The county approves the application with a e day permit after 30 d waiting period,and allows the board to issue a R days(60 days for a first Class permit after 30 dans, City). r The city denies the application. ❑ The county denies the application. Print n me of city Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Tale Title Date____ TOWNSHIP:- On behalf of the township,i acxnowledge that the organization is applying for exempted gambling aotWy within the township lirn?4. (A township has no statutory authority to approve or denyan application(Minn.Stat sec. 349.213,subd.2).) Print name of township (Signature of township official acknowledging application) Title Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knoZledge ] Chief executive officer's signature Name(please print) ��1 Yl j 1 5 'i°1� pat® Mail Application and Attachments At least 45 days prior to your scheduled activity date send., • the completed application, If your application has not a copy of your proof of nonprofit status, and • a$25 application fee(make check payable to"State of Minnesota"). been acknowledged by the Application fees are not prorated, refundable,or transferable. ) local unit of government or Sand to: Gambling Control Board has been denied, do not send the 1711 West county Road B, Suite 300 South Gambling Colicawn to e ntrol seard. Roseville, MN 55113 OCT-17-2000 16:39 U.S. BANK CPFS) 612 973 0029 P.03iO3 PS P R. X V A T E I N A N C 1 A L S 1: R V 1 C E S DANKTNC - TRUST • INVE.sr-4XN-1- MANAUMENT October 17, 2000 Ms. Virginia Discenza Finance 3830 Pilot Knob Road Eagan, MN 55122 Dear Virginia: The Burnsville Rotary is having its annual dinner/auction at Royal Cliff. During the event we plan to conduct a raffle as one of our money-raising efforts. State law requires we make application for such a raffle. Please find enclosed our application. We ask that the City Council take action on our application. I will plan on coming back into your office to pick up our application after their review. If you have any questions, please feel free to call me at my office (612) 973-3259. Regards, Timothy 4J. iiisslinga Club Secretary Burnsville Rotary Enclosure TOTAL P.03