12/20/1999 - City Council Regular AGENDA
EAGAN CITY COUNCIL-REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
DECEMBER 20,1999
6:30 P.M.
I. ROLL CALL&PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA&APPROVAL OF MINUTES(BLUE)
III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT)
IV. DEPARTMENT HEAD BUSINESS(BLUE)
P.� A. ADOPTION of the Eagan Cable Television Franchise Ordinance
V. CONSENT AGENDA(PINK)
A. PERSONNEL ITEMS
PP10 B. CHANGE in management/ownership of on-sale liquor license,Lost Spur Golf Course
/I C. REQUEST to schedule public hearing for Business Subsidy Law
eI;. D. LICENSE RENEWALS for the year 2000,trash hauler and tobacco
14 E. FINAL SUBDIVISION,Rathman Addition-Greg and Valerie Rathman
'6 F. FINAL PLANNED development,Lot 4,Block 1,Oakview Center-McDonald's Corporation
APPROVE the 2000 Special Revenue Fund Budgets,including the Housing Fund,the Police
Forfeiture Fund,the Recycling Fund,the Economic Recovery Grant Fund,the Cedarvale Special
Services Fund and the Cable TV Franchise Fees Fund
P.15H, APPROVE the 2000 Enterprise Fund Budgets,including Water,Sanitary Sewer,Streetlighting,
Storm Drainage/Water Quality,Civic Arena and Aquatic Facility
,p36 I. APPROVE the 2000 Burnsville/Eagan Telecommunications Commission Budget
P ,2 J. APPROVE Engineering Consultant Rates for 2000
3c+ K. TERMINATE Development Contract(Eagandale Center Industrial Park No.9)
p3 7 L. CONTRACT 97-13,approve final payment,authorize City maintenance(So.Lakes Trunk
Utilities,Inver Grove Heights-Utility Improvements)
n3 g M. CONTRACT 98-12,approve final payment,authorize City maintenance(City Campus Aquatic
r p Facility-Grading,Utilities,&Parking Lot Improvements)
/ 3 ( N. CONTRACT 99-01,approve final payment,authorize City maintenance(Johnny Cake Ridge Rd.,
Thomas Lake Rd.,Woodgate/Tiberon/Mallard Park-Street Overlay)
/ Y O O. CONTRACT 99-02,approve final payment,authorize City maintenance(Meadowland,Ridge
View Acres,Surrey Hts.-Street Overlay)
1 y/ P. CORRECTION to 2000 Fee Schedule
Q. PROJECT 98-DD,acknowledge completion/authorize City maintenance(Lexington 2nd Addition
-Home Depot)
4/9R. RECEIVE petition/order public hearing-easement vacation(Lot 1&2,Block 1,Bell Lexington
Add.)
S. APPROVE Snow&Ice Control Policy
T. SCHEDULE public hearing-public right-of-way vacation(Wescott Woodlands)
pL 3 U. CONTRACT 99-11,approve Change Order No. 1,Wescott Road Re-striping(Pavement
/ Markings)
6 V. EXTENSION,Interim Use Permit,Northwest Airlines
/ W. EXTENSION for recording the final subdivision of Majestic Oaks Second Addition-Swenson,
O Inc.
X. FINAL SUBDIVISION,Oak Cliff Ninth Addition-Cedar Cliff Properties,LLC
/ ✓f3 Y. APPROVE 2000 Burnsville/Eagan Community Television Budget
qZ. APPROVE Supplemental Agreement with Union Pacific Railroad Company(Storm Sewer Permit)
�VI. 6:45-PUBLIC HEARINGS(SALMON)
F9.<. PROPOSED 2000 General Fund Budget and Payable 2000 Property Tax Levy
VII. OLD BUSINESS(ORCHID)
IA. 2000-2004 Capital Improvement Program
VIII. NEW BUSINESS(TAN)
oD A. PRELIMINARY SUBDIVISION—Elder Jones Co.,Inc.(Town Centre 100 Eighteenth Addition)of
approximately 2.37 acres to create two commercial lots,legally described as Outlot B of Town
III Centre 100 Sixteenth Addition,located on the northeast corner of O'Leary Lane and Town Centre
Drive in the NE 1/of Section 15
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE(GREY)
X. ADMINISTRATIVE AGENDA(GREEN)
XI. VISITORS TO BE HEARD(for those persons not on agenda)
XII. ADJOURNMENT
XIII. 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 12/16/99—4:25 p.m.
r MEMO
' city of eagan
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 17, 1999
SUBJECT: AGENDA INFORMATION FOR DECEMBER 20, 1999 CITY COUNCIL
MEETING
ADOPT AGENDA/APPROVE MINUTES'
After approval is given to the December 20, 1999 City Council agenda and the minutes of the
December 6, 1999 regular City Council meeting, the following items are in order for
consideration.
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
A. ADOPTION OF THE EAGAN CABLE TELEVISION FRANCHISE
ORDINANCE
ACTION TO BE CONSIDERED:
To adopt the Ordinance and approve publication of a summary resolution.
FACTS:
Franchise History. In July, 1983 the City entered into a 15 year cable television franchise
agreement (ordinance) with the cable operator Group W. In 1995, the franchise renewal
process officially commenced, as required by federal law, with the Cities of Burnsville and
Eagan directing the Burnsville/Eagan Telecommunications Commission (Commission) to
conduct all necessary activities pertaining to the review and negotiations of a new
franchise. In 1997, the Commission conducted a comprehensive cable tv/telecom needs
assessment process. The assessment included workshops, surveys and focus groups with
representatives from area businesses, the four school districts that serve the two
communities, neighboring local governments, Dakota County, the public (PEG) access
volunteers, Member Cities and the cable tv subscribers. The needs assessment report was
presented to the Commission in December 1997, and was used as the basis for establishing
the two communities cable/telecommunications needs during negotiations. Coordinator
Reardon and Legal Counsel Creighton have represented the Commission/Cities in the
renewal negotiations, with the Commission's ad hoc renewal committee serving as the
sounding board for renewal negotiation issues. Due to unforeseen delays, the franchise
was extended four times, with the most recent extension expiring on November 16, 1999.
(As both sides were very close in completing the renewal negotiations, they agreed to act
"as if' in the interim until a new franchise was completed.) Please Note: While the
franchise has been"transferred" six times over the 16 years of the franchise, (including the
pending transfer to AT&T), the actual franchise has not been renewed.
Burnsville/Eagan Telecommunications Commission Recommendation. On December 9,
the Commission officially recommended the Member Cities adopt the Ordinance as
attached.
Franchise Summary.
■ Franchise Term— 15 years.
■ Effective Date— The new franchise will take effect upon passage by the Member
Cities, both considering it on December 20, 1999, and the execution of it by
MediaOne.
■ Franchise is non-exclusive, and only grants rights and limitations for use of Rights-of-
Way for providing "cable service." Any similar competitor can not receive more or
less burdensome terms and conditions than Grantee, when terms and conditions are
taken as a whole.
■ Subscriber Network—Upgraded from current 67 channels (450MHz) to at least 78
video channels (750MHz) in first 550 MHz analog service spectrum, with remaining
used for digital services including two-way high speed data, voice and numerous video
services. Upgrade will include extensive introduction of fiber optics and equipment
that will provide higher signal quality, backup field power and an alert warning system
for immediate pinpoint location of repair/maintenance.
■ The franchise ordinance will work in conjunction with the City's Rights-of-Way
Ordinance, with company responsible for adhering to all permitting requirements, etc.
■ Upgrade to be completed by no later than September 30, 2002, but expected to be
much sooner than that as company will commence construction as soon as possible.
■ Ability to: 1) require interconnection with commonly-owned cable systems (currently
Northern Dakota County franchised area); and 2) pursue interconnect to the different
cable operators' adjacent systems, i.e., Savage, Apple Valley, for
transmission/receiving of video and data services.
■ City retains authority to regulate Basic Service rates and associated fees.
■ Franchise contains customer service standards that company must adhere to, including
phone service and response times, and 4-hour service appointment blocks.
■ Provision to allow company to relocate current customer service office outside of two
communities but still in Dakota County, if 1) Commission/City agrees to location, 2)
company maintains 2 payment drop boxes in each city, with additional one at BECT
facility, 3) company delivers/retrieves from subscribers electronic equipment at no
charge to subscriber, 4) reimburses Commission for expense to remodel vacated space
for BECT use, if move is after BECT planned remodeling project, and 5) new office
will provide expanded service hours.
■ Company will continue to provide six PEG channels, (6 MHz spectrum per channel) to
be used by City for public, educational and governmental purposes.
■ Company will provide a one-time grant of$150,000 for replacement of
Burnsville/Eagan Community Television Di-Tech switcher.
■ PEG Fee will be capped at $1.50, with increases thereafter based on annual CPI.
■ Company will offer a free Universal PEG Tier, comprised of only the six PEG
channels. Costs for the Universal PEG Tier will be spread out across the entire cable
system, with costs not to exceed $.07 per month per subscriber.
■ Current Institutional Network (I-Net) to the two communities' main public buildings
and schools will be upgraded in one of two manners. (Exhibit A provides complete
detail.) A complete end-to-end fiber I-Net system will be built to several key
buildings, including both city halls and the high schools in the Member Cities, at no
cost to those institutions. Fiber will then be available for extension to other identified
buildings during the upgrade construction phase at estimated costs in Exhibit A. Once
Fiber I-Net built, company will maintain, repair and replace fiber system at cost, with
no other service fees. To those buildings who wish to not receive fiber, a hybrid fiber-
coaxial system will be built to those buildings currently receiving I-Net services at no
3
cost to those institutions. This system will be maintained at no expense to institutions.
The I-Net may be used for transmission of telecom services, including video and data.
Any"end-user" equipment expense will be responsibility of using institution.
■ Attached is Exhibit B, the Institutional Network's Performance Standards.
■ Company will continue to provide free Basic cable service to all buildings listed in
Exhibit A.
■ Franchise fees will now be paid to the City on a quarterly basis, rather than as
currently annual, allowing City to collect additional interest from fees.
■ City may require periodic evaluation of franchise, re: technologies, system
performance, programming, etc, and franchise may be amended by mutual consent of
both parties.
■ Company will furnish a $500,000 performance bond and a $25,000 letter of credit.
Both may be used for company's failure to comply with franchise.
■ Company indemnifies City and Commission, and its representatives, from activities,
events and legal issues associated with franchise.
■ Company will maintain adequate comprehensive general liability insurance in
protection of City, Commission and representatives.
■ City's review and approval of any franchise sale or transfer of system will be
conducted in same manner, with all transfer expenses eligible for reimbursement.
ATTACHMENTS
• A copy of the entire approximately 80-pag Franchise Ordinance is available for review
if any member of the Council so desires.
• Resolution authorizing publication of a Summary Ordinance on pages S through
6
RESOLUTION#99
CITY OF EAGAN, MINNESOTA
A RESOLUTION AUTHORIZING PUBLICATION OF
A SUMMARY ORDINANCE
WHEREAS, the City Council has reviewed the attached Summary Ordinance as required
by Minnesota State Statutes, Section 412.191, Subd. 4; and
WHEREAS, the City Clerk has on file a complete copy of the text for public review;
NOW,THEREFORE,BE IT RESOLVED, that the Eagan City Council does approve the
attached Summary of Ordinance for publication.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
Motion by:
Seconded by:
Those in Favor:
Those Against:
Dated:
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the
City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 201h day of
December, 1999.
E. J. VanOverbeke, City Clerk
ORDINANCE NO.
AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL
COMMUNICATIONS CORP. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
SYSTEM IN THE CITY OF EAGAN, MINNESOTA FOR THE PURPOSE OF PROVIDING
CABLE SERVICE;SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE
FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE
PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY
ORDINANCE, IF ANY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE
PROVISIONS HEREIN;
The City Council of the City of Eagan, Minnesota ordains:
STATEMENT OF INTENT AND PURPOSE
The City intends, by the adoption of this Franchise, to bring about the further development of a
Cable System, and the continued operation of it. Such development can contribute significantly to
the communication needs and interests of the residents and citizens of the City and the public
generally. Further,the City may achieve better utilization and improvement of public services and
enhanced economic development with the development and operation of a Cable System.
Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and
its residents.
FINDINGS
In the review of the request and proposal for renewal by Grantee and negotiations related thereto,
and as a result of a public hearing,the City Council makes the following findings:
1. The Grantee's technical ability,financial condition,legal qualifications,and character
were considered and approved in a full public proceeding after due notice and a
reasonable opportunity to be heard;
2. Grantee's plans for constructing, upgrading, and operating the System were
considered and found adequate and feasible in a full public proceeding after due
notice and a reasonable opportunity to be heard;
3. The Franchise granted to Grantee by the City complies with the existing applicable
Minnesota Statutes, federal laws and regulations; and
4. The Franchise granted to Grantee is nonexclusive.
1
Agenda Information Memo
December 20, 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. Program&Events Supervisor--
ACTION TO BE CONSIDERED:
To approve the hiring of a person to be recommended as the Program & Events Supervisor in the
Parks &Recreation Department.
FACTS:
• Interviews have been held for this position and references are currently being checked.
• We are hopeful we will have a name for the person to be recommended for hire for this position
at the City Council meeting on Monday, December 20. If this is not possible, staff is requesting
the Council to approve the hiring of a person to be recommended.
Item 2. Part-time Clerical Technician III/Community Development--
ACTION TO BE CONSIDERED:
To approve the hiring of a person to be recommended as the part-time Clerical Technician III in the
Community Development Department.
FACTS:
• Interviews have been held for this position and references are currently being checked.
• We are hopeful we will have a name for the person to be recommended for hire for this position
at the City Council meeting on Monday,December 20. If this is not possible, staff is requesting
the Council to approve the hiring of a person to be recommended.
Item 3. Seasonal Warming House Attendants--
ACTION TO BE CONSIDERED:
To approve the hiring of Maya Schwartz, Lucas Behnke, Douglas Lindow, Nick Callahan,
Christopher Bates, John Hayden, Alexander Porter, Brandon Zingle, Kellie Grimm and Meghan
Doherty as seasonal warming house attendants.
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
Item 4. Seasonal Concessions Workers/Civic Arena--
ACTION TO BE CONSIDERED:
To approve the hiring of Megan McMahon as a seasonal concessions worker at the civic arena.
Item 5. Seasonal Skating School Instructor--
ACTION TO BE CONSIDERED:
To approve the hiring of Dawn Anderson as a seasonal skating school instructor.
Item 6. Seasonal Broomball/Boot Hockey Officials--
ACTION TO BE CONSIDERED:
To approve the hiring of Randy Boyden, Brad Champlin, Dan Cullen, Dan Smith and Keith
Wallace as seasonal broomball/boot hockey officials.
Item 7. Intern/Parks &Recreation Department--
ACTION TO BE CONSIDERED:
To approve the hiring of Msti Murphy as an intern in the Parks &Recreation Department.
Item 8. 2000 Compensation/Non-Collective Bargaining Employees--
ACTION TO BE CONSIDERED:
To approve the following:
1) For regular non-collective bargaining employees, a compensation rate increase of 2.75%
across the board, effective January 1, 2000. The City's compensation consultant has
developed a revised compensation plan for non-collective bargaining employees. Any
adjustments to employees' compensation resulting from that plan would incrementally
begin with the first paycheck in April and would follow on anniversary dates during
2000. For consistency's sake among top management positions, a blended anniversary
date of August 1, 2000 will be used for the City Administrator and Department Heads.
The compensation rate for the Dispatch Supervisor would increase from 8% above top
dispatch rate to 16% above top dispatch rate with the first paycheck in April.
2) To review the Time Spent Profiles (TSPS) for those positions recommended for review by
the City's consultant during the first three months of 2000.
3) With the exception of election judge rates and seasonal and temporary Parks &
Recreation employees, compensation rates for temporary, non-collective bargaining
employees also will be increased by up to 2.75%.
F
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
4) Car expense allowances for the City Administrator and Department heads will be
increased by 2.75%.
5) Mileage rates will be set at the IRS amount (the 2000 amount is 32.5 cents a mile). If the
IRS increases or decreases this amount, the City's amount will automatically adjust to the
new IRS rate.
6) The City's contribution for family health insurance premiums will increase by$10.96 per
month (half the total increase for 1999). (For the Council's information, the increase in
insurance premiums from the City's two plans averaged 4.75%, which compared to the
increases in other communities is quite low.)
Item 9. Y2K Compensation for Exempt Employees—
ACTION TO BE CONSIDERED:
To approve a lump sum payment of$300 or a day off(employee's choice) for those FLSA
exempt status employees who are required to work on December 31, 1999 and January 1, 2000.
FACTS:
♦ FLSA non-exempt employees receive overtime for all hours worked over 40 in a work week.
♦ FLSA exempt employees do not receive payment for hours worked over 40 in a work week.
♦ Most exempt employees already work more than 40 hours in a work week.
♦ The Y2K City Wide Contingency Plan which has been approved by the Council requires a
number of exempt employees to work on December 31, 1999 (official New Years Day
holiday observed on this date) and on January 1, 2000.
♦ The extra payment would only be awarded because of the unusualness of the Y2K situation.
♦ Non-exempt employees working on these dates will be paid overtime at rates as provided for
in collective bargaining agreements or the City's compensation plan.
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
B. CHANGE IN MANAGEMENT/OWNERSHIP OF ON-SALE LIQUOR
LICENSE, LOST SPUR GOLF COURSE
ACTION TO BE CONSIDERED:
To approve the change in management/ownership of on-sale liquor license, Lost Spur Golf
Course.
FACTS:
• Lost Spur Golf Course, Inc., which is 100% owned by Wendell E. Pittenger, has
applied for an on-sale liquor license for Lost Spur Golf Course. Mr. Pittenger
currently owns Willow Creek Golf Course in Rochester, Mississippi National Golf
Course in Red Wing and Oak Marsh Golf Course in Oakdale. Lost Spur Golf Course,
Inc. will be leasing the whole Lost Spur facility from the Shriners. (A vote by the
Shriners finalizing the deal is scheduled for December 21.). Spur, Inc. presently holds
the on-sale license. Mr. Pittenger's representative has informed City staff that this
change in management/ownership will become effective on January 1, 2000.
• All of the required forms have been submitted and deemed in order by City staff. The
Police Department has conducted an investigation on Mr. Pittenger and finds no
reason to deny the application.
D
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
C. REQUEST TO SCHEDULE PUBLIC HEARING FOR
BUSINESS SUBSIDY LAW
ACTION TO BE CONSIDERED:
To schedule a public hearing for January 4, 2000, regarding the City of Eagan Business
Subsidy Policy.
FACTS:
• The 1999 Minnesota State Legislature passed a law requiring municipalities to adopt a
business subsidy policy. The policy must be in place before the City may enter into
any agreement to provide financial assistance or incentives in excess of$25,000. The
City must hold a public hearing before approving the business subsidy policy.
• A draft of the policy and additional information will be provided in the January 4,
2000, City Council agenda packet.
ATTACHMENTS:
• None
f /
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
D. LICENSE RENEWALS FOR THE YEAR 2000, TRASH HAULER&
TOBACCO
ACTION TO BE CONSIDERED:
To approve the trash hauler and tobacco license renewals for the year 2000.
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:
• List of licensees requesting renewal. /3
42
2000 TRASH HAULER RENEWAL LICENSES
CONSTRUCTION/DEMO HAULERS
Dan's Containers Mendota Heights Rubbish
Box 87 20700 Donnelly Avenue
Newport,MN 55055 Farmington,MN
2000 TRASH HAULER RENEWAL LICENSES
COMMERCIAL
Mendota Heights Rubbish
20700 Donnelly Avenue
Farmington,MN
2000 TRASH HAULER RENEWAL LICENSES
RESIDENTIAL
Mendota Heights Rubbish
20700 Donnelly Avenue
Farmington,MN
2000 TOBACCO RENEWAL LICENSES
Cedarvale Texaco Tobacco Warehouse
3830 Sibley Memorial Highway 2149 Cliff Road
Eagan,MN Eagan,MN
Tobak Shack Valley Lounge
3950 Sibley Memorial Highway 3385 Highway 13
Eagan,MN Eagan,MN
Cedarvale Lanes LaFonda's
3665 Highway 13 3883 Beau D'Rue
Eagan,MN Eagan,MN
/3
Agenda Information Memo
December 20, 1999 Eagan City Council
E. FINAL SUBDIVISION (RATHMAN ADDITION)—GREG AND VALERIE
RATHMAN
ACTION TO BE CONSIDERED:
To approve a Final Subdivision to create three lots on 3.27 acres at Blackhawk Road, located
east of Blackhawk Road and north of Silver Bell Road in the SE 1/4 of Section 17
FACTS:
• The City approved the preliminary subdivision on September 21, 1999. The final plat is
consistent with the preliminary subdivision.
• All documents are anticipated to be signed and in order for execution at the regular City
Council meeting on December 20, 1999.
ATTACHMENTS:
Final Plat page /S
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Agenda Information Memo
July 20, 1999 Eagan City Council
F. FINAL PLANNED DEVELOPMENT (LOT 4, BLOCK 1 OAKVIEW
CENTER)—MCDONALD'S CORP.)
ACTION TO BE CONSIDERED:
• To approve a Final Planned Development to allow construction of a Class 2 restaurant on
Lot 4, Block 1, Oakview Center, north of Hwy. 55 at Hwy. 149 in the NW 1/4 of Section 12.
FACTS:
• The Oakview Center Preliminary Planned Development was approved in 1998 and consists
of eight lots with a variety of commercial uses. The final plans for Lot 4, Block 1, have been
reviewed and found to be consistent with the approved preliminary plans.
• All documents are anticipated to be in order for execution at the regular City Council meeting
on December 20, 1999.
ATTACHMENTS:
Site Plan, page
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Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
G. APPROVE THE 2000 SPECIAL REVENUE FUND BUDGETS,
INCLUDING THE HOUSING FUND, THE POLICE FORFEITURE FUND,
THE RECYCLING FUND, THE ECONOMIC RECOVERY GRANT FUND,
THE CEDARVALE SPECIAL SERVICES FUND AND THE CABLE TV
FRANCHISE FEES FUND
ACTION TO BE CONSIDERED:
To approve the 2000 Special Revenue Fund Budgets, including the Housing Fund, the
Police Forfeiture Fund, the Recycling Fund, the Economic Recovery Grant Fund, the
Cedarvale Special Services Fund, and the Cable TV Franchise Fees Fund.
FACTS:
• For financial reporting purposes, it is required that the City Council adopt each of
these budgets.
• The purpose of each fund is noted on the budget page.
• The revenue sources and expenditure categories are listed as a part of the budget page
also.
• The Cedarvale Special Services Fund is supported by the Special Services District
Tax Levy. There are no tax levies related to any of the other funds.
ATTACHMENTS:
• Housing Fund Budget on page
• Police Forfeiture Fund Budget on page .
• Recycling Fund Budget on page
• Economic Recovery Grant Fund on page
• Cedarvale Special Services Fund Budget on page c).3 .
• Cable TV Franchise Fees Fund Budget on page
113 Housing Fund
The purpose of this fund is to finance future housing-related developments within the City. The fund was
established in 1998 as the consolidation of the Housing Revenue Bonds Fund and the Housing and
Redevelopment Authority(HRA) Fund. The Housing Revenue Bonds Fund accounted for annual fees
collected on the principal balance of revenue bonds issued under the City's name to finance multi-family
housing developments. The HRA Fund accounted for the tax increment financing (TIF) proceeds and
expenditures of the Cinnamon Ridge Apartments interest rate reduction program. The TIF district expired in
1997. A note issued by Cinnamon Ridge to the City in the amount of the total TIF proceeds, which were to
be repaid per the original agreement, was accounted for in this fund. At the end of 1998, the City sold its
interest in the note to a third party for$1,200,000. Closing on the transaction was completed in early 1999.
As a component of the transaction, the proceeds of the closing were loaned to the Aquatic Facility
construction fund and will be repaid over 20 years with the final payment in October of 2018.
Revised
1997 1998 1999 2000
Actual Actual Budget Budget
Funds Available, Beginning of Year $ 995,254 $ (283,875) $ 1,065,543 $ 12,638
Revenues:
Housing Bond Fees 93,255 67,559 80,000 80,000
Property taxes-Tax increment 173,558 86,779
Interest on Investments 31,639 98,216 8,500 0
Sale of interest in Cinn Ridge note 1,200,000 0 0
Total Revenues 298,452 1,452,554 88,500 80,000
Other Financing Sources:
Interest on Loan 44,670 56,820
Principal on loan 50,000 40,000
Total Other Financing Sources 0 0 94,670 96,820
Total Revenues and Other
Financing Sources 298,452 1,452,554 183,170 176,820
Expenditures:
Monitoring Fee 3,600 4,050 6,075 6,000
Cinn Ridge bond trustee payme 173,981 86,779 0
Contribution to Senior Housing 1,400,000 0
Closing costs on sale of note 30,000 0
Interest expense 12,307 0
Total Expenditures 1,577,581 103,136 36,075 6,000
Other Financing Uses:
Loan to Aquatic Facility Fund 0 0 1,200,000 0
Total Expenditures and Other
Financing Uses 1,577,581 103,136 1,236,075 6,000
Funds Available, End of Year $ (283,875) $ 1,065,543 $ 12,638 $ 183,458
/99
114 Police Forfeiture Fund
This fund was created to account for money received from the court system and restricted to police
operations. It is expected that transfers will be made from this fund to the General Fund where eligible
expenditures are made.
1997 1998 1999 2000
Actual Actual Budget Budget
Fund Balance, Beginning of Year $28,825 $24,844 $26,971 $27,971
Revenues:
Fines & Forfeits 2,534 484 0 0
Interest on Investments 1,401 1,443 1,000 1,300
Donations 0 200 0 0
Total Revenues 3,935 2,127 1,000 1,300
Financing Uses:
Transfer to Other Funds 7,916 0 0 0
Total Financing Uses 7,916 0 0 0
Fund Balance, End of Year $24,844 $26,971 $27,971 $29,271
100
o2o
117 Recycling
The Recycling Fund was created to account for the implementation and ongoing operation of the City's
recycling program. All grant funds and related revenue and expenditures are consolidated into this
fund to allow proper accounting and reporting for the program. Personal services expenditures
relating to recycling and solid waste abatement activities are recorded in the Administration
Department in the General Fund.
1997 1998 1999 2000
Actual Actual Budget Budget
Fund Balance, Beginning of Year $32,227 $33,472 $27,500 $28,100
Revenues:
3358 Solid Waste Abatement Grant 38,738 39,373 40,200 40,970
3810 Interest on Investments 2,840 2,135 2,000 2,000
3880 Other Revenue 150 155 0 0
Total Revenues 41,728 41,663 42,200 42,970
Expenditures:
4210 Office Supplies 3 32 100 100
4220 Operating Supplies - General 91 1,693 1,000 1,500
4221 Film and Film Processing 22 70 200 500
4270 Computer Software 0 136 600 500
4310 Professional Services 0 892 0 0
4330 Postage 1,758 5,209 4,000 7,200
4332 Matrix Service Repair 98 53 0 0
4337 Personal Auto/Parking 193 311 400 400
4340 General Advertising 1,125 1,150 1,800 1,800
4350 General Printing and Binding 6,628 11,966 8,100 11,640
4396 Building Rental 880 0 0 0
4410 Miscellaneous 0 15 0 0
4411 Conference and Schools 365 318 700 700
4412 Local Meeting Expense 503 257 300 460
4414 Dues and Subscriptions 130 20 100 100
4450 Other Contractual Services 80 0 1,000 5,900
4570 Other Equipment 5,510 (31) 0 0
4840 Merchandise for Sale 792 (75) 0 0
Other Financing Uses:
Transfer Out 22,305 25,619 23,300 18,900
Total Expenditures & Other
Financing Uses 40,483 47,635 41,600 49,700
Fund Balance, End of Year $33,472 $27,500 $28,100 $21,370
101
C:�/
118 Economic Recovery Grant Fund
This fund opened in 1995 with a grant from the State to establish a revolving loan fund for local businesses for the purpose of
economic development. Loan recipients must meet certain requirements as set forth by the State for this program. A ten-year
$250,000 loan was made with State funds to an Eagan business in 1995 to initiate the program. The loan was paid in full in
1996. Under the terms of the agreement with the State,$100,000 in principal plus interest collected to the point of payoff,will
remain in the fund for loans to other qualifying businesses. The balance of the principal was returned to the State.
1997 1998 1999 2000
Actual Actual Budget Budget
Available to loan out, Beginning of year $118,864 $126,112 $126,547 $155,247
Cash Inflows:
Amount received from State 0 100,000 0 0
Loan repayment 0 13,860 22,700 22,700
Interest 7,248 11,575 6,000 8,000
7,248 125,435 28,700 30,700
Cash Outflows:
Amount loaned out 0 125,000 0 0
Net Cash Inflow(Outflow) 7,248 435 28,700 30,700
Available to loan out, End of year $126,112 $126,547 $155,247 $185,947
102
a;'
119 Cedarvale Special Services Fund
This fund was established in 1996 for the purpose of accounting for taxes collected and expenditures made
pertaining to the Cedarvale area special services tax district established in 1995. The primary purpose of the tax
district is to provide signage, sign maintenance and turf maintenance for the Cedarvale shopping center.
1997 1998 1999 2000
Actual Actual Budget Budget
Fund Balance, Beginning of Year (7,229) 360 7,990 7,990
Revenues:
Special Services District Taxes 11,505 11,402 5,000 5,000
Interest on Investments 0 142 0 400
Total Revenues 11,505 11,544 5,000 5,400
Expenditures:
Parking 0 8 0 0
Mowing 3,010 3,010 3,000 3,000
Sign Maintenance 498 692 1,800 1,800
Insurance 88 204 200 200
Interest 320 0 0 0
Total Expenditures 3,916 3,914 5,000 5,000
Excess of Revenue over Expenditures 7,589 7,630 0 400
Fund Balance, End of Year 360 7,990 7,990 8,390
NOTE: The City is financing the 1996 signage expenditure over three years for the Special
Services District members. The full amount of the signage expenditure is reflected in 1996.
103
196 Cable TV Franchise Fee Fund
This fund was established to account for franchise fees paid to the City from Meredith Cable, Inc. The money is
restricted for communications and cable television related activities, primarily the City's share of the funding of the
Burnsville/Eagan Telecommunications Commission (BETC).
1997 1998 1999 2000
Actual Actual Budget Budget
Fund Balance, Beginning of Year $722,631 $478,723 $685,282 $883,182
Revenues:
Cable TV Franchise Fees 289,677 316,650 350,000 350,000
Interest on Investments 52,405 39,247 20,000 40,000
Total Revenues 342,082 355,897 370,000 390,000
Expenditures:
BETC Payment 75,715 80,153 86,000 90,700
Other 0 0 0 0
Other Financing Uses:
Transfer to General Fund 74,775 69,185 86,100 40,700
Transfer to Fire Admin Bldg Fund 435,500 0 0 0
Total Expenditures and Other Financing Uses 585,990 149,338 172,100 131,400
Fund Balance, End of Year $478,723 $685,282 $883,182 $1,141,782
104
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
H. APPROVE THE 2000 ENTERPRISE FUND BUDGETS, INCULUDING
WATER, SANITARY SEWER, STREETLIGHTING, STORM
DRAINAGE/WATER QUALITY, CIVIC ARENA AND AQUATIC FACILITY
ACTION TO BE CONSIDERED:
To approve the 2000 Enterprise Fund Budgets, including Water, Sanitary Sewer,
Streetlighting, Storm Drainage/Water Quality, Civic Arena and Aquatic Facility.
FACTS:
• The Enterprise Fund Budgets have been reviewed in detail by the City Council.
• Some minor changes have been made to reflect certain adjustments directed by the
City Council.
• User fees support all these budgets.
ATTACHMENTS:
• Water, Sanitary Sewer, Streetlighting and Storm Drainage/Water Quality revenues
and expenses are enclosed on pages .24 and .
• Civic Arena revenues and expenses and other disbursements are enclosed on page
2? .
• Aquatic Facility revenues and expenses and other disbursements are enclosed on
page .
as
2000 220 revenues--operation and non 12/16/99
2000 Budget
PUBLIC UTILITIES ENTERPRISE FUND
DETAIL OF REVENUES
Actual Actual Budget Budget
1997 1998 1999 2000
DEPARTMENTAL:
Water
3711 Water Service Fees $3,277,505 $3,483,711 $3,470,000 $3,585,000
3712 Water Service Penalties 11,593 10,660 11,000 11,000
3713 Water Connection Permits 14,300 13,881 14,000 14,000
3716 Sale of Meters 88,589 77,122 90,000 85,000
3719 Water Turn Off/On Fee 4,785 4,650 4,000 4,000
3721 Constr Meter Permits 600 1,433 600 1,000
3722 Acct Deposit Not Refunded (11) (15) 0 0
3,397,361 3,591,442 3,589,600 3,700,000
Sanitary Sewer
3741 Sanitary Sewer Service Fees 3,993,289 4,519,531 4,300,000 4,570,000
3742 Sanitary Sewer Penalties 13,967 12,873 14,000 13,000
3743 San Sewer Connection Permits 13,700 13,450 13,000 12,000
4,020,956 4,545,854 4,327,000 4,595,000
Street Liqhts
3771 Neighborhood Light Svc Fees 182,166 191,523 185,600 197,000
3772 Neighbrhd/Comm Lt Penalties 564 520 500 500
3775 Community Light Service Fees 152,117 154,853 159,500 159,000
334,847 346,896 345,600 356,500
Storm Drainage/Water Quality
3761 Storm Drainage Service Fees 653,038 710,683 729,800 765,000
3762 Storm Drainage Penalties 2,116 1,950 2,000 2,000
655,154 712,633 731,800 767,000
NON-DEPARTMENTAL:
3016 Assmt Penalties and Interest 1,061 1,826 800 1,500
3310 Federal Grant--Water Qual 9,183 0 0 0
3340 State Grant--Water Quality 4,809 0 0 0
3353 State PERA Aid 0 2,927 0 2,900
3426 Developer Escrow Reimbursmt 10,450 10,450 10,000 11,000
'3442 Maint Equipment and Personnel 1,765 2,317 1,000 200
3810 Interest on Investments 1,787,868 1,882,379 1,800,000 1,547,000
3812 Interest on Assessments 80,735 60,827 50,000 45,000
3814 Interest on MWCC 9,712 8,138 7,400 6,600
3820 Antenna Site Rent 126,571 161,379 178,000 173,200
3840 Sale of City Property 1,218 0 0 0
3858 Water Quality Dedication Fees 90,616 113,307 35,000 35,000
3865 Connection Charge--Water 440,480 631,388 450,000 450,000
3868 Conn Chg--Water Treatmt Plant 559,288 535,993 500,000 500,000
3880 Other Revenue 84 0 100 0
3920 Other Reimbursements 2,434 38,693 4,000 2,000
3980 Transfers In 16,000 0 0 0
3,142,274 3,449,624 3,036,300 2,774,400
GRAND TOTAL $12,646,449 $12,030.300 12.192.900
c26
00220exp
2000 Budget
PUBLIC UTILITIES FUND
Comparative Summary of Expenses
Actual Actual Budget Budget
1997 1998 1999 2000
OPERATIONS
WATER
Personal Services $487,613 $580,955 $555,600 $581,400
Parts & Supplies 238,273 219,354 230,000 228,800
Services & Other Charges 1,060,870 901,552 804,400 1,338,200
SANITARY SEWER
Personal Services 300,999 286,985 365,300 319,800
Parts & Supplies 50,708 34,330 57,000 56,900
Services & Other Charges 354,064 266,266 294,100 311,700
MCES Service Charge 3,094,836 3,299,386 2,910,200 3,382,500
STREET LIGHTING
Parts & Supplies 0 1,173 0 2,000
Services & Other Charges 265,023 291,594 321,300 317,300
STORM DRAINAGE/WATER QUALITY
Personal Services 130,962 116,677 142,000 141,800
Parts & Supplies 43,516 42,341 40,500 63,500
Services & Other Charges 204,296 277,659 234,600 244,800
TOTAL OPERATING EXPENSES
BEFORE DEPRECIATION 6,231,160 6,318,272 5,955,000 6,988,700
NON-OPERATIONS
WATER
Capital Outlay 40,500 718,000
Construction--Supply/Storage 50,000 50,000
Renewal/Replacement 8,314 83,707 1,102,000 425,000
Debt Service--Principal 775,000 800,000 825,000 520,000
Debt Service--Interest 1,219,235 1,157,692 1,071,200 182,900
Meter Purchases 129,000 129,000
Interfund Transfers 58,139 68,369 0 0
SANITARY SEWER
Capital Outlay 25,500 93,300
Renewal/Replacement 0 9,182 20,000 20,000
STORM DRAINAGE/WATER QUALITY
Renewal/Replacement 16,875 257,532 37,500 37,500
Capital Outlay 8,100 18,100
Sys Expansion/Modification 0 537,559 125,000 350,000
TOTAL OPERATING AND NON-
OPERATING EXPENSES
BEFORE DEPRECIATION 8,308,723 9,232,313 9,388,800 9,532,500
DEPRECIATION EXPENSE 1_,744,179 1,775,397 1,698,100 1,745,800
TOTAL EXPENSES $10,052,902 $11,007,710 $11,086,900j112T8.300
Recorded as fixed asset acquisitions rather than expenses.
2000 Budget
CIVIC ARENA ENTERPRISE FUND
1997 1998 1999 2000
Revenues Actual Actual Budget Budget
Ice Rental (Exempt) $166,973 $259,675 $291,200 $313,000
Ice Rental (Non-Exempt) 95,321 82,696 95,300 78,000
General Admission 26,551 29,069 28,500 26,000
Arena Program Revenues 63,895 96,133 91,000 103,600
Arena Merchandise Sales 38,199 42,134 46,000 49,500
Skate Rental 4,202 2,087 4,500 4,500
Skate Sharpening 5,247 6,019 6,700 6,700
High School Game Receipts 8,782 1,845 0 0
Arena Advertising 12,281 15,279 17,800 15,500
Interest 7,177 22,105 0 0
Contributions & Donations 0 1,136 5,000 5,000
Dry Floor Revenue 0 0 0 1,000
Cost Sharing Payments 0 50,000 0 0
Grants&Aid 0 250,402 0 0
Carpet Revenue 0 0 0 13,600
Other 14 6,650 0 0
Total Revenues428 642 865 230 586 000 616 400
Expenses and Other Disbursements
Operating Expenses:
Personal Services $181,690 $214,685 $232,400 $249,700
Parts &Supplies 16,048 33,705 34,700 37,600
Cost of Merchandise Sales 23,078 25,788 25,000 27,500
Services &Other Charges 81,713 289,381 125,200 126,600
Subtotal Expenses $302,529 $563,559 $417,300 $441,400
Reserve for Renewal and Replacement 26,750 30,000 35,000 32,400
Total Operating Expenses $329,279 $593,559 $452,300 $473,800
Non-Operating Disbursements:
Debt Service Payments $0 $61,800 $126,000 $124,600
Capital Outlay 12,000 18,000
Total Non-Operating Disbursements $0 $61,800 $138,000 $142,600
Total Expenses and Other Disbursements 329 279 655 359 590 300 616 400
*Recorded as fixed asset acquisitions rather than expenses.
2000 Budget
Aquatic Facility Enterprise Fund
REVENUES, EXPENSES AND
OTHER DISBURSEMENTS
1999 2000
Revenues Budget Budget
Season pass $ 420,000 $ 365,000
Daily Admissions 350,000 443,600
Group Sales 0 70,000
Concessions 120,000 188,000
Merchandise 0 1,000
Coca-Cola Marketing 0 5,000
Rental 0 1,000
Total Revenues $ 890,000 $ 1,073,600
Expenses
Personal Services $ 453,700 $ 558,600
Parts & Supplies 51,700 55,450
Cost of Merchandise Sales 65,000 100,000
Services & Other Charges 67,550 111,550
Sub-total Expenses 637,950 825,600
Reserve for Renewal/Replacement 50,000 50,000
Total Operating Expenses 687,950 875,600
Non-Operating Disbursements
Debt Service Payments 159,400 161,000
Capital Outlay - 37,000
Total Non-Operating Disbursements 159,400 198,000
Total Expenses/Non-Operating Disbursements $ 847,350 $ 11073,600
C� 9
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
I. APPROVE THE 2000 BURNSVILLE/EAGAN TELECOMMUNICATIONS
COMMISSION BUDGET
ACTION TO BE CONSIDERED:
To approve the 2000 Burnsville/Eagan Telecommunications Budget.
FACTS:
• The cities of Burnsville and Eagan jointly fund the Burnsville/Eagan
Telecommunications Commission budget on an annual basis from the member cities
retained franchise fees.
• The budget is presented in the same format as in previous years including a General
Budget and a Local Programming Budget component.
• The budget for the Burnsville/Eagan Community Television that is financed by PEG
fees is to be considered in separate City Council action. However, it is not impacted
by the budget for the Commission.
• The Commission budget is increased in total by $9,870, a net figure resulting from
inflationary increases and other small adjustments.
ATTACHMENTS:
• Enclosed on page is a copy of the Telecommunications budget summary for
2000.
�10
2000 BETC GENERAL & LOCAL PROGRAMMING BUDGETS SUMMARY
General Budget
SERVICE AREAS 1998 1999 2000
ACTUALS BUDGET BUDGET
PERS6NNEL $37,300 $37,950 $43,825
SERVICES
STIPPLIEg& $436 $600 $500
REPAIRS
FR FESSIONAL $28,768 $38,150 $30,900
SERVICES
dTHER SERVICES $15,196 $17,575 $24,500
CHARGES
CAPITAL (7JTLAY $1,050 $2,300 $11 500.__,
. ... ..
TOTALS $82,750 $96,575- $100,225
Local Programming Budget
SERVICE AREAS1998 1999 2000
ACTUALS BUDGET BUDGET
PERSONNEL �------$41,313 .�.— $44,800 $46,275
SERVICES
SUPPLIES & $495 $500 $500
REPAIRS
PROFES8101N L.......... $4,519 $2,000 $4,650
SERVICES
OTHER SERVIeES $17,042 .........._$19,550 $20,850
CHARGES
LOCAL $7,366 $8,100,_, $8,900...
PROGRAMMING
ASSISTANCE
TOTALS I .$70,795 $74,950 $81,170
1
Agenda Information Memo
December 20, 1999
J. 2000 CONSULTING ENGINEERING RATES
ACTION TO BE CONSIDERED: Approve the general engineering rates for the pre-approved
municipal consulting engineering firms for services to be provided in 2000.
FACTS:
• Each year the consulting engineering companies pre-approved to provide services for the
City of Eagan provide their fee schedules for the upcoming year. The attached spreadsheet
indicate the fees the consultants have requested for the council's approval.
ATTACHMENTS:
Consulting Engineering Fees, page .
3 �
N
Cl O O O O O o 0 O O
0 0 0 `n o 0 0 o U U
N co o Lo _
69 f9 69 69 6f9 69 Q Q
Y o 0 0 0 0 0 0
H e O O O O O O O o 0
U o 0
0 O o o O
a) qO O O O y y
CD o
, o , u) ,O O O O O O
69 69 69 L ' 6 n U U
v+ 69 69 69
Q Q
o o o 0 0 o 0 o O o p
O u) u) u)Ou) Ou) o O OO u7 y
p 1� ri n Lo co O n n N
p .- 0 6 07 o n ' o u) ' V V M
N 69 69 fA 69 69 Vd 69 69 64 69 _
669 Q
W o Q o 0 0 0 0 o e o 0 c
o 't Z 6 W N M 6 ' M ' 'af N of p O
R V n tri o u7 ID ui (D(oo p
6 oO (n 6O (6n O O o0
uu' m
N O n o N V n V V N U
669 L969 V9 1 69 669 669 69 699 469 ' ' _
69 Q
O O O O O O o 0 0 o o 0 co
O O O O O O O O O O O O O O O in
p u) u) u) M M n u) M u) Cl) N u) u)M O
p N ' O ' c) ' o W u) u) u) ' oo u) u) ^ L
N 69 69 69 69 6969 69 69 fA 69 O
69 b9 69 69 69 Q `p
N
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( e o o M ' n n 6 M N n M W
V u) n u) u) (D coZ u)ZZ tf) M0 V M O
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6 u) t!) u) u) to O o 0 0 0 u) 0 0 u)M M N
W 6 O) 07 0� CO co N o N co u) co O N co o� O O
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o 0 o O O o 0 0 0 O
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6 69 69 69 69 69 69 69 ' 69 69 69 69 69 U O ae3
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32
Agenda Information Memo
December 20, 1999
K. EAGANDALE CENTER INDUSTRIAL PARK NO. 9
ACTION TO BE CONSIDERED: Approve the termination of the development contract for
Eagandale Center Industrial Park No. 9 and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• The City of Eagan entered into a development contract for Eagandale Center Industrial Park
No. 9 on April 19, 1988.
• The development contract was recorded with the Dakota County Recorder's Office.
• The developer represents that all of the terms of the development contract have been fully
completed and has requested that the City formally terminate the development contract.
• The Attorney's office and the Public Works Department have found all terms to be in order
for favorable Council action for termination of the development agreement.
ATTACHMENTS:
Termination of Development Contract, pages 3J through
2Y
TERMINATION OF DEVELOPMENT CONTRACT
THIS Termination of Development Contract is made this day of ,
1999 by and between the City of Eagan, a Minnesota municipal corporation (hereinafter "City")
and Alscor Investors Joint Venture, a Minnesota general partnership (hereinafter "Developer")
and collectively referred to as the "Parties".
WHEREAS, the Parties entered into a Development Contract dated April 19, 1988 for the
development of certain property and the filing of a plat known as "Eagandale Center Industrial
Park No. 9 (hereinafter the "Development Contract"); and
WHEREAS, the Development Contract was subsequently recorded with the Dakota
County Recorder's Office; and
WHEREAS, the Developer represents that it has fully complied with all terms of the
Development Contract and has requested that the City formally terminate the Development
Contract.
NOW, WHEREFRE, in consideration of the mutual covenants herein and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged the Parties
hereby agree as follows:
1. Termination of Development Contract. The Developer represents to the City that
it has completed all of its obligations under the Development Contract. Based on
this representation, the City acknowledges completion of Developer's obligation
under the Development Contract. The Parties therefore acknowledge that the
Development Contract is terminated and of no further effect.
CITY OF EAGAN, a Minnesota
municipal corporation
By: Patricia E. Awada By: E. J. VanOverbeke
Its: Mayor Its: City Clerk
3 ,S`
DEVELOPER:
ALSCOR INVESTORS JOINT VENTURE,
a Minnesota General Partnership
BY: 9P Tr n9nnnn AT- ALSujR ' L,L, C
1 U V V LCL V lcl-'1TSpST�
ITS: F Nanugin j poo+ ex
By: Q.
Its: Vi'[e Pnkl& +
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this day of 1999, before me a Notary Public within and
for said County, personally appeared PATRICIA A. AWADA and E.J. VanOVERBEKE to me
personally known, who being each by me duly sworn, did say that they are the Mayor and Clerk
respectively of the City of Eagan, the municipality named in the foregoing instrument and that the
seal affixed on behalf of said municipality by authority of its City Council and said Mayor and
Clerk acknowledge said instrument to be the free act and deed of said municipality.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF J46MNEPInI )
On this SJ"' day of NpyerYl bW 1999, before me a Notary Public within and for said
County, personally appeared Luz OaMW_ to me personally know o bung by
21 worn, did say that he/) is the �i�e PrQSliJep+- of 'L 9 the
&Crtner of Alscor Investors Joint Venture, the General Partnership named in the
foregoing instrument, and that said instrument was signed on behalf of said General Partnership
by Lvz Oaxnpa- who acknowledged said instrument to be the free act and deed of
the General Partnership.
LX= I &AYA�
Notary Public
CReGecca 1. Dat ezl
NOTARY PUBLIC—MINNESOTA
1.2MY CON'Wd ,';0N EXHRES
_��_��I JANUARY31, 20vO
34
Agenda Information Memo
December 20, 1999
L. CONTRACT 97-13, TRUNK UTILITY IMPROVEMENTS
SOUTHERN LAKES —INVER GROVE HEIGHTS
ACTION TO BE CONSIDERED: Approve the final payment for Contract 97-13 (Southern
Lakes, IGHts — Trunk Utility Improvements) in the amount of $52,674.48 to Burschville
Construction, Inc., and accept the improvements for perpetual City maintenance subject to
warranty provisions.
FACTS:
• Contract 97-13 provided for the construction of trunk water main and storm sewer across
Trunk Highway 3 north of Cliff Road (Co. Rd. 32), to extend the existing public water and
storm sewer systems to Southern Lakes Addition in Inver Grove Heights in accordance with
the Joint Powers Agreement (JPA).
• 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 and the JPA.
Agenda Information Memo
December 20, 1999
M. CONTRACT 98-12, GRADING, UTILITY, & PARKING LOT IMPROVEMENTS
CITY CAMPUS AQUATIC FACILITY
ACTION TO BE CONSIDERED: Approve the final payment for Contract 98-12 (City
Campus Aquatic Facility - Grading, Utility, and Parking Lot Improvements) in the amount of
$50,795.54 to Imperial Developers, Inc., and accept the improvements for perpetual City
maintenance subject to warranty provisions.
FACTS:
• Contract 98-12 provided for the grading of the aquatic facility site and construction of the
parking lots and utility improvements to serve Cascade Bay (Project 730). The contract also
provided for the construction of street and utility improvements on Rocky Lane and the south
parking lot of the east civic arena(Project 738).
• 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.
Agenda Information Memo
December 20, 1999
N. CONTRACT 99-01, STREET OVERLAY
JOHNNY CAKE RIDGE ROAD, THOMAS LAKE ROAD,
WOODGATE/TIBERON/MALLARD PARK
ACTION TO BE CONSIDERED: Approve the final payment for Contract 99-01 (Johnny Cake
Ridge Road, Thomas Lake Road, Woodgate/Tiberon/Mallard Park — Street Overlay) in the
amount of$32,224.80 to Bituminous Roadways, Inc., and accept the improvements for perpetual
City maintenance subject to warranty provisions.
FACTS:
• Contract 99-01 provided for the structural overlay of the street surfaces on Johnny Cake
Ridge Road from Cliff Road to Teal Cove (Project 752), Thomas Lake Road from Cliff Road
to Diffley Road (Project 753), and Woodgate Lane, Mallard Court, Woodgate Point,
Woodgate Court, Nestling Circle, and Teal Cove, all within the Woodgate 3ra, Tiberon, and
Mallard Park 3 r Additions (Project 756)
• 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.
Agenda Information Memo
December 20, 1999
O. CONTRACT 99-02, STREET OVERLAY
MEADOWLAND,RIDGE VIEW ACRES, & SURREY HEIGHTS
ACTION TO BE CONSIDERED: Approve the final payment for Contract 99-02
(Meadowland, Ridge View Acres, & Surrey Heights — Street Overlay) in the amount of
$4,759.82 to Valley Paving, Inc., and accept the improvements for perpetual City maintenance
subject to warranty provisions.
FACTS:
• Contract 99-02 provided for the structural overlay of the street surfaces on Chipmunk Court,
Badger Court, Shale Lane, Bear Path Trail, Beaver Dam Court, South Timber Wolf Trail,
North Timber Wolf Trail and Timber Wolf Court, all within the Meadowland 1St Addition
(Project 755), Crestridge Lane, Monterey Lane, Kyllo Lane and the portion of Knoll Ridge
Drive within Ridge View Acres (Project 757), and Surrey Heights Drive (Project 758).
• 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.
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Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
P. CORRECTION TO 2000 FEE SCHEDULE
ACTION TO BE CONSIDERED:
To approve a correction to the 2000 Fee Schedule.
FACTS:
• On December 6, 1999 the City Council approved the City's comprehensive fee
schedule for the year 2000.
• One item,that being a$500 escrow deposit requirement for final plats was
inadvertently not included with new fee schedule.
ATTACHMENTS:
• Enclosed on page is a copy of page 6 of the fee schedule showing the inclusion
of the additional escrow requirement.
2000 FEE SCHEDULE
DEVELOPER ESCROW
The City requires the following escrow deposits from developers. The
amounts represent initial deposits, not actual charges. Additional deposits
may be required as City costs are incurred.
Initial
Escrow
De osit
Preliminary subdivision application OR $ 150.00 per acre
Preliminary planned development OR 1,500.00 minimum for single fam
Waiver of subdivision—other OR 3,000.00 minimum for C/I and
Comprehensive plan amendment townhomes/multiples
4,800.00 maximum
Final planned development 2,000.00
Fi�%Al rJect 5W.00
Final subdivision application – 1-3 lots 2,000.00
Final subdivision application –4 or more lots 4,000.00
Contract management
< $150,000 estimated construction costs 8% of costs 1,000.00 minimum
$150,0014500,000 est constr costs 6% of costs 12,000.00 minimum
> $500,000 estimated construction costs 5% of costs 30,000.00 minimum
Conditional use permit 500.00
(Not required if subdivision escrow has
been collected as part of same application.)
Interim use permit–when site plan is involved 500.00
(Not required if subdivision escrow has
been collected as part of same application.)
Rezoning 500.00
(Not required if subdivision escrow has
been collected as part of same application.)
tya
6
Agenda Information Memo
December 20, 1999
Q. PROJECT 98-DD, LEXINGTON 2ND ADDITION (HOME DEPOT)
ACTION TO BE CONSIDERED: Acknowledge the completion of Contract 98-DD
(Lexington 2nd Addition, Home Depot — Street & Utility Improvements) and authorize perpetual
City maintenance subject to warranty provisions.
FACTS:
• Lexington 2nd Addition, platted for Home Depot, is located northeast of the intersection of
Northwood Parkway and Denmark Avenue. This development required the installation of
sanitary sewer, water main, and storm sewer, as well as grading and new street construction
of Denmark Avenue, which was all performed privately by the developer under the terms and
conditions of the development contract agreement.
• The improvements have been completed, inspected by representatives of the Public Works
Department and found to be in order for favorable Council action to accept for perpetual
maintenance subject to warranty provisions.
1-13
Agenda Information Memo
December 20, 1999
R. BELL LEXINGTON ADDITION (LOTS 2 & 3,BLOCK 1)
EASEMENT VACATION
ACTION TO BE CONSIDERED: To receive the petition to vacate a public drainage & utility
easement on Lots 2 and 3, Block 1, Bell Lexington Addition and schedule a public hearing to be
held on January 18, 2000.
FACTS:
• On November 29, 1999, City staff received a petition from Alma Fitzloff, representing US
West Communications, Inc., requesting the vacation of an existing drainage & utility
easement adjacent to Lots 2 and 3, Block 1 of Bell Lexington Addition.
• The easements were included as part of the original plat of Bell Lexington Addition per
standard policy. The easements are not necessary to accommodate any planned or existing
utilities or drainage ways.
• The purpose for the request to vacate a portion of the easement is that the property owner is
proposing to combine Lots 2 and 3 through a Final Plat and construct an addition to the
existing US West building.
ATTACHMENTS:
• Legal Description, graphic, page
• Letter of justification from property owners, pages Y and 'OE .
Sunde Land Surveying, LLC.
9001 East Bloomington Freeway (35W)
Suite 1 18
Bloomington, Minnesota 55420-3435
Business: 612-881-2455
FAX: 612-888-9526
Easement Vacation Sketch For-
U. S.
oraU. S. NEST BUSINESS RE'SOURCE'S', INC.
NORTH LINE OF BLOCK I
0 UTILITY EASEMENT
N
PER BELL LEXINGTON
jl ADDN.
c�
(j DESCRIPTION OF DRAINAGE AND UTILITY
C\\ EASEMENT TO BE VACATED
0 �j The drainage and utility easements over
Z �J those parts of the east 5.00 feet of Lot
2 and the west 5.00 feet of Lot 3, Block
�"' I, BELL LEXINGTON ADDITION, according
N�
30 to the recorded plat thereof, Dakota
o County, Minnesota, lying south of the
north 20.00 feet of said Block I and
W lying north of the south 10.00 feet of
J N \ said Block I.
~ c�
a
W J
1
c�
L DRAINAGE & UTILITY
EASEMENT PER BELL
LEXINGTON ADDN.
TO BE VACATED
v
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0
u
c
\ w
s
CF�F��Z
We hereby certify that this sketch, pian
�Z report was prepared by me or under
5' 3" my instruction and that I am a duly
Registered Land Surveyor under the laws
of the State of Minnesota.
T Dated this I I th day of November, 1999
SOUTH LINE OF BLOCK I SUNDE LAND SURVEYING, LLC.
LONE OAK ROAD By: LB-----�___
,n John K. Barnes, R.L.S.
LO
Minn. Reg. No. 16456
(C. S.A.H. NO.26)
nA nse foo Ge r17 Ir ciiT 0glle
NARRATIVE
In 1987 U S WEST Communications sold the property at 2990 Lexington
Avenue, Eagan, Minnesota which consisted of Lot 1 & 2, Block 1, Bell
Lexington Addition, Dakota County. This property had previously housed
the Central Communications Office for the City of Eagan. A new office was
built on an adjacent Lot 3, which became the new Central Switching Office
for the Communications Facility. The new office address was determined to
be 1075 Lone Oak Road, Eagan, Minnesota and is presently in use.
After a short 10 years the new Eagan Digital Central Office has outgrown all
of its capacity and there is a shortage of equipment space for the additional
telephone switch growth required to meet the demands it serves. This is due
to the exploding tele-communications growth occurring within the City. A
7500-foot addition must begin immediately to provide telephone and
communications needs to the area. There is limited opportunity for site
expansion on the present lot. U S WEST Communications has secured a
Purchase Agreement with the new owners (Honsa Lighting) for the adjacent
parcel at 2990 Lexington Avenue. U S WEST will buy the vacant lot 2 for
the telephone expansion needed and the new owners will keep the Lot 1 with
the present building to use for thier business needs. Both U S WEST and
Honsa Lighting have agreed to all of the details and information reflective of
the application process necessary and being applied for.
The future use of the property expansion is consistent with the Compre-
hensive Guide Plan as determined by the City of Eagan. The zoning will
remain the same, which I understand to be light industrial and the proposal
complies with that use. The addition will begin as soon as the City process
has been completed and all permits and approvals are secured. The survey
and site drawings define the land uses both in the present use and the future
use. The surrounding land use and zoning is compatible to the desired
development of the proposed addition and its intended use.
This application consists of the City of Eagan Development Application
requesting approval for a Final Plat approval. Another City of Eagan
Application is for a Variance approval entered into jointly by U S WEST
Communications and Honsa Lighting Sales and Service for the "0" Lot
setback and the parking lot asphalt proposed expansion of the Honsa
Lighting Sales and Services parking lot.
Z/_/---)
Another petition seeks to vacate the easements along the lot line. This
narrative and multi-application addresses all and seeks approval of the three
within the same process time.
All Applications forms, fee's, legal description and survey, certified mailing,
sets of survey, drawings and site plans are attached and included as required.
Thank You,
Alma Fitzloff
6222 Chesshire Lane North
Maple Grove, MN 55311
612-559-4733
Agent for U S WEST Communications, Inc.
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
S. SNOW AND ICE CONTROL POLICY
ACTION TO BE CONSIDERED: Approve the City of Eagan's Snow and Ice Control
Policy.
FACTS:
• The Public Works Department has developed a program for effective and efficient
snow and ice control for our public right of way incorporating a combination of City
resources and contractual services. There are also several sections of the City Code
and Council policies that have been adopted over the years regulating various
activities necessary to facilitate this essential operation. The Superintendent of Streets
and Equipment has consolidated these operating policies and procedures into a formal
policy document for a quick and easy reference by the City staff and its citizens. It is
recommended that the Council formally adopt this policy.
ATTACHMENTS:
• Snow and Ice Control Policy,pages through .
CITY OF EAGAN
SNOW AND ICE CONTROL POLICY
FOR CITY STREETS
I. PURPOSE
The purpose of this policy is to establish and maintain uniform definitions and
procedures concerning snow and ice control operations at the City of Eagan.
III. GOAL
It is the goal of the City of Eagan Public Works Department to maintain City
roadways during the snow and ice season to a bare pavement condition in order
to assure delivery of emergency services and provide access to the motoring
public.
III. PROCEDURE
The Street Superintendent or his/her designated representative will determine when to
begin snow and ice control operations.
In General:
A. Any combination of snow, freezing rain, sleet and/or wind conditions
contributing to drifting may require ice control or plowing operations to begin,
depending on their effects to city roadways.
B. Mainline plowing operations will occur upon the accumulation of
approximately two or more inches of snow.
C. Cul-de-sacs will be plowed to the center whenever possible with the intention
of bulk snow storage in this area. Exceptions will be defined by the Street
Superintendent or his/her designee after identifying a special need or
circumstance.
D. Full cul-de-sac plowing operations will usually begin approximately one to
three hours after the mainline start time.
E. The primary effort will be the plowing of all streets and the application of
salt/sand or other chemicals at major intersections, steep grades or other
critical areas. The secondary effort will be the application of sand/salt on
lower volume roads.
F. Removal of stored snow from bridges, medians, and intersections will occur
at some time after snow and ice control operations are complete. Normally,
these efforts will occur during regular work hours.
G. All plow routes will be checked and re-plowed as needed during the next
regular work days following mainline plowing efforts.
H. Additional plowing, scraping, winging back and/or application of chemicals or
abrasives will occur as determined by the Superintendent or his/her
designee. Whenever possible, these additional operations will continue
during normal work shifts until the ice and/or snow is removed from the
traveled areas of City roadways.
I. Snow plowing and ice control on County roads is the responsibility of the
Dakota County Highway Department. State highways are the responsibility
of the Minnesota Department of Transportation. Frontage roads for
Minnesota State highways and County roads are the City's responsibility.
The City may assist in snow and ice control operations on these other
jurisdictional roadways under emergency or mutual aid conditions.
J. New subdivisions within the City of Eagan consisting of public right-of-way
and streets to be ultimately transferred to the City for perpetual maintenance
will be inspected by City personnel before October 15. The following
minimum conditions must be met by November 15 in order for the City to
assume snow and ice control responsibilities on these roadways:
1. All streets must have concrete curb and gutter with at least the first lift of
bituminous surfacing completed.
2. All manhole and gate valve adjustments accessible and exposed at least 1/4"
but no more than 3/4" below existing bituminous surface.
3. All permanent and/or temporary dead-end streets must have a temporary cul-
de-sac constructed to City design standards.
4. Boulevard areas must be graded to current City standards and clear of all
construction material and debris.
5. If only the first lift of bituminous surfacing has been paved, the transition from
the first lift and existing pavement or cross valley gutters must be ramped at
all areas.
6. Hydrant flags must be installed.
'3v
7. Responsible parties must receive a written letter from the Public Works
Department indicating the City will perform winter snow and ice control
maintenance.
Responsible parties who do not meet the November 15 deadline will be
required to provide snow and ice control services to City standards privately.
If they fail to provide the City standard level of service at any time, the City
reserves the option to contract with private services or may employ City
forces on an overtime basis to perform required operations. Costs will be
recovered from the financial security provided by responsible parties for the
subdivision/development.
K. During extraordinary snow and ice events, additional personnel and
equipment may be utilized to supplement normal mainline and cul-de-sac
operations. During periods of extended continuous snowfall or freezing rain,
operations may be performed on a limited scale and focused on arterial and
collector transportation routes and emergency service delivery locations.
L. The City has classified City streets based on the street function, traffic
volume, and importance to the welfare of the community. Accordingly, snow
and ice control routing is designed to provide the maximum possible
coverage to higher volume safety sensitive areas first.
M. The Street Superintendent or his/her designee will provide an updated
mainline and cul-de-sac snowplow route plan by November 1st each year.
Specific personnel and equipment or contractual services will be designated
to each route to provide maximum efficiency. Alternate equipment and
personnel will also be part of the plan and the Superintendent or his/her
designee will make every effort to cross-train city maintenance personnel
wherever possible to assure competent personnel are available.
IV. BOULEVARD CONSIDERATIONS
Snowplowing operations deposit snow onto the boulevard area adjacent to the street
(7 to 13 feet behind the curb). The City will not be responsible for damage to any
objects/amenities (fences, landscaping, etc.) located in this boulevard area.
Garbage awaiting pick-up should be set back at least eight feet behind the curbline.
Mailboxes should be as per attached City Standard Plate #610.
A. The snow plow operators make every effort to remove snow as close to the
curbline as practical and to provide access to mailboxes for the Postal carrier.
However, it is not possible to provide perfect conditions and minimize
damage to mailboxes with the size and type of equipment the City operates.
S/
Therefore, the final cleaning adjacent to mailboxes is the responsibility of
each resident.
B. The City replaces mailboxes that are damaged, broken or knocked down only
if there was a direct hit by a City plow or City vehicle provided the mailbox
was installed and maintained to City and postal specifications. Those
specifications require mailboxes be located at least 48" above the street level
with the forward bottom corner located behind the back of the curb.
C. Most of the mainline plowing vehicles are equipped with a front plow and side
wing for two-pass plowing of most residential streets. Plows are angled to
the right for plowing from the centerline of the street toward the outside edge
of the street. A certain amount of snow will be deposited into driveways
abutting curb lines. The City will not remove snow from driveway
entrances regardless of whether it has been cleared of snow before the City
vehicle arrives. The City does not plow private streets, accesses or
driveways.
D. Some sidewalks and trails are plowed by the City. Refer to the most current
"Sidewalk/Trailway Winter Maintenance Program & Policy." (Sample
Attached)
E. The City will repair turf damage only on boulevards which was the direct
result of plowing beyond the back of the curb. All other damage within the
public right-of-way is the property owner's responsibility (i.e., shrubs, bushes,
rock, trees, irrigation systems, driveway, etc.).
V. Parking Regulations, City Codes and State Laws
To help provide a safer and more efficient snow removal operation, the City Council has
established parking regulations which are in effect from November 15 to April 15 of
each year.
A. Based on an odd/even address/day system, the restriction is in effect from
6:00 A.M. to 6:00 P.M. each day. Parking is allowed only on the odd
numbered side of the street on odd numbered calendar days, and only on the
even numbered side of the street on even numbered calendar days. Parking
is allowed on both sides of the street from 6:00 P.M. to 6:00 A.M., unless
otherwise restricted for reasons other than snow removal. Vehicles not in
compliance with this new parking regulation may be ticketed and/or towed.
B. Placing of snow in the street or plowing across the street is prohibited by
State law and City code. Snow placed in the street or on sidewalks and trails
compounds maintenance problems and creates hazards for others.
V
C. Reference to all City code or State laws:
169.42 - Subdivision #1 - States in part: LITTERING OR PLACING REFUSE
UPON HIGHWAYS OR ADJACENT LANDS, PRIVATE PROPERTY, PARKS OR
PUBLIC PLACE: DROPPING OBJECTS ON VEHICLES. No person shall throw,
deposit, place or dump, or cause to be thrown, deposited, placed or dumped upon any
street or highway or upon any public or privately owned land adjacent thereto without
the owners consent any snow ice, glass bottle, glass, nails, tacks, wire, cans, garbage,
or any other substance likely to injure any person, animal or vehicle, upon any street or
highway.
Subdivision 5. Any person violating the provision of this section shall be guilty of a
misdemeanor.
CITY CODE CHAPTER 7, SECTION 7.05 SUBDIVISION 1 & 3
SEC. 7.05. OBSTRUCTIONS IN STREETS
Subd. 1. Obstructions. It is a misdemeanor for any person to place, deposit,
display or offer for sale, any fence, goods or other obstructions upon, over, across or
under any street without first having obtained a written permit from the Council, and
then only in compliance in all respects with the terms and conditions of such permit, and
taking precautionary measures for the protection of the public. An electrical cord or
device of any kind is hereby included, but not by way of limitation, within the definition
of an obstruction.
Subd. 3. Dumping in Streets. It is a misdemeanor for any person to throw,
deposit, track or place onto any street any dirt, soil or clay, waste or abandoned
products, including, but not limited to, any nails; soil; glass or glassware; cans; cloth or
clothing; metal scraps; garbage; leaves; grass or tree limbs; paper or paper products;
shreds or refuse; oil, grease or other petroleum products, or to empty any water
containing salt or other injurious chemical thereon. It is a violation of this Section to
haul any such material, inadequately enclosed or covered, or to fail to remove any dirt,
soil or clay from a motor vehicle thereby permitting the same to fall upon streets. It is
also a violation of this Section to place or store any building materials or waste resulting
from building construction or demolition on any street without first having obtained a
written permit from the Council.
CITY CODE, CHAPTER 7, SECTION 7.05
SUBDIVISION 5A, B and C & 6
Subd. 5. Snow in streets or on sidewalks
A. Placement of snow or ice within street sidewalk r right-of-way.o tail right of way. No person,
unless acting under a specific contract with the city or with special permission from
the city, shall place snow or ice in any travel portion of any street, sidewalk or trail
B. The owner or occupant of any property adjacent to a public sidewalk, or trail right-of-
way who deposits snow or ice in any travel portion of any street, sidewalk or trail
right-of-way shall remove the deposit snow or ice within 12 hours after notice is
given by the city. If the owner or occupant fails to remove the snow or ice as
required in the notice within the 12 hours, the city may perform such work and the
owner or occupant shall be personally liable and shall pay the cost within 30 days of
mailing of invoice by the city. When payment is not remitted as required herein, the
city clerk-treasurer may, at the next meeting, present such information to the city
council. The City Council may approve all or a portion of any snow remove costs as
.herein provided as a special assessment aginst the abutting property and such
special assessments shall, at the time of certifying taxes to the county auditor, be
certified for collection as other special assessment are certified and collected
pursuant to Minn. Stat. § 429.101.
C. Violation. Any violation of this subdivision shall be a petty misdemeanor offense.
Subd. 6 Continuing Violation. Each day that any person continues in violation of
this Section shall be a separate offense and punishable as such.
CITY CODE, CHAPTER 9, SECTION 9.02
SEC. 9.02. GENERAL PARKING PROHIBITIONS.
It is unlawful for any person to stop, stand or park a vehicle except when
necessary to avoid conflict with other traffic or in compliance with the specific directions
of a police officer or traffic control device in any of the following places: 1) on a
sidewalk or trailway; 2) in front of a public or private driveway or trailway; 3) within an
intersection; 4) within ten feet of a fire hydrant or mail box; 5) on a crosswalk; 6) within
twenty feet of a crosswalk at any intersection; 7) in a sign-posted fire lane; 8) within
thirty feet upon the approach to any flashing beacon, stop sign or traffic control signal
located at the side of a roadway; 9) within fifty feet of the nearest rail of a railroad
crossing; 10) within twenty feet of the driveway entrance to any fire station and on the
side of a street opposite the entrance to any fire station within seventy-five feet of said
entrance when properly sign-posted; 11) alongside or opposite any street excavation
or obstruction when such stopping, standing or parking would obstruct traffic; (12) on
S y
the roadway side of any vehicle stopped or parked at the edge or curb of a street; (13)
at any place where official signs prohibit or restrict stopping, parking or both; (14) in
any alley, except for loading or unloading and then only so long as reasonably
necessary for such loading and unloading to or from adjacent premises; or, (15) on any
boulevard which has been curbed.
CITY CODE CHAPTER 9 SECTION 9.03
SEC. 9.03 RECREATIONAL CAMPING VEHICLE PARKING
Subd. 1. Definition. The term "recreational camping vehicle" means any of the
following:
A. "Travel Trailer" means a vehicular, portable structure built on a chassis,
designed to be used as a temporary dwelling for travel, recreational, and
vacation uses, permanently identified "Travel Trailer" by the manufacturer
of the trailer.
B. "Pickup Coach" means a structure designed to be mounted on a truck
chassis for use as a temporary dwelling for travel, recreation and
vacation.
C. "Motor Home" - A portable, temporary building to be used for travel,
recreation and vacation, constructed as an integral part of a self-
propelled vehicle.
D. "Camping Trailer" - A folding structure, mounted on wheels and
designed for travel, recreation and vacation uses.
Subd. 2. Unlawful Act. It is unlawful for any person to leave or park a
recreational camping vehicle on or within the limits of any street or right-of-way for a
continuous period in excess of twenty-four (24) hours, except where signs are erected
designating the place as a campsite or in a mobile home park. Provided, however, that
during such twenty-four hour period, such vehicle shall not be occupied as living
quarters.
CITY CODE CHAPTER 9 SECTION 9.09
SEC. 9.09. WINTER SEASON PARKING.
Subd. 1. The winter season in which the following parking restrictions are
applicable is hereby defined as beginning on November 15 of each year and continuing
through April 15 of the following year.
Subd. 2. Parking.
A. On odd-numbered days parking shall be permitted only on that side of the
street with odd-numbered addresses for a period of twelve (12) hours beginning at 6:00
A.M. and continuing until 6:00 P.M.
B. On even-numbered days parking shall be permitted only on that side of
the street with even-numbered addresses for a period of twelve (12) hours beginning at
6:00 A.M. and continuing until 6:00 P.M.
C. The Director of Public Works, may post signs along the frontage roads
located north and south of Diffley Road between Rahn Road and Nicols Road
prohibiting parking on either side of the street until it is plowed to its full width following
a snowfall of two (2) inches or more. The signs shall state "No Parking Both Sides Until
Plowed Entire Width 2 Inches of Snow or More".
Subd. 3. Impounding and Removing Vehicles. If any vehicle is parked,
abandoned, or left standing in violation of the terms of this Section, the vehicle may be
moved by the City in accordance with the terms of Section 9.12 of this Code entitled
"Impounding and Removing Vehicles".
Source: (Code 1983, § 9.09, eff. 1-1-83; Ord. No. 78, 2nd Series
Effective Date: 3-31-89
CITY CODE CHAPTER 9 SECTION 9.10
SEC. 9.10 TRUCK, TRAILER AND COMMERCIAL VEHICLE PARKING.
Subd. 1. It is unlawful to park a detached semi-trailer upon any street, City-
owned parking lot, or other public property except streets as specifically designated by
the Council by resolution and sign-posted.
Subd. 2. It is unlawful to park a semi-trailer, truck-tractor, or a combination
thereof, within an area zoned as a residential district, except for the purpose of loading
or unloading the same.
Subd. 3. It is unlawful to park a truck of more than 9,000 pounds gross vehicle
weight upon any street in the business district which has been duly sign-posted
prohibiting the same, but parking of such vehicle for a period of not more than twenty
(20) minutes shall be permitted in such space for the purpose of necessary access to
abutting property while actively loading or unloading when such access cannot
reasonably be secured from an alley or from an adjacent street where truck parking is
not so restricted.
Subd. 4. It is unlawful to park a truck or other vehicle using or equipped with a
trailer, or extended body or other extension or projection beyond the original length of
such vehicle, or any passenger bus, diagonally along any street except for a time
sufficient to load or unload, and in such case, only parallel parking shall be permitted.
Provided, however, that truck may stand backed up to the curb if the weight or bulk of
the load makes parallel parking impracticable, but then only for a period of time
sufficient to load or unload.
Subd. 5. Parking of commercial vehicles is permitted in duly designated and
sign-posted loading zones, and in alleys, for a period of up to twenty (20) minutes,
provided that such alley parking does not prevent the flow of traffic therein, all of which
shall be for the purpose of access to abutting or adjacent property while actively loading
or unloading.
Subd. 6. It is unlawful to park any detached trailer upon any street for a
continuous period of more than 24 hours.
Subd. 7. It is unlawful to park any vehicle in excess of 9,000 pounds gross
vehicle weight and/or any commercial vehicle upon any residential street for a
continuous period of more than six hours.
CITY CODE CHAPTER 9 SECTION 9.12
SEC. 9.12. IMPOUNDING AND REMOVING VEHICLES.
Subd. 1. Vehicles in violation of parking regulations. When any police officer
finds a vehicle standing upon a street or City-owned parking lot in violation of any
parking regulation, such officer is hereby authorized to require the driver or other
person in charge of such vehicle to remove the same to a position in compliance with
this Chapter. When any police officer finds a vehicle unattended upon any street or
City-owned parking lot in violation of any parking regulation or driven by an individual
arrested for violation of Minn. Stat. § 169.121 or 169.129, such officer is hereby
authorized to impound such vehicle and to provide for the removal thereof to a
convenient garage or other facility or place of safety;
Subd. 2. Release of impounded vehicles. Any motor vehicle impounded under
this section shall only release from impoundment:
A. To the registered owner or person authorized by the registered owner, a
lienholder of record, or a person who has purchased the vehicle from the
registered owner who provides proof of ownership of the vehicle, proof of
valid state driving privileges, and proof of insurance required by law to cover
the vehicle;
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B. If the vehicle is subject to a rental or lease agreement, to a renter or lessee
with valid state driving privileges who provides a copy of the rental or lease
agreement and proof of insurance required by law to cover the vehicle; or
C. To an agent of a towing company authorized by the registered owner, renter
or lessee if the owner provides proof of ownership of or the renter or lessee
provides a copy of the rental or lease agreement for the vehicle and proof of
insurance required by law to cover the vehicle; and
D. Upon payment of any charge placed against such vehicle for cost of removal
or storage or both by anyone called upon to assist therewith.
Subd. 3. To whom information provided. The proof of ownership, valid driving
privileges and insurance, and, when applicable, the copy of the rental or lease
agreement shall be provided to a licensed police officer at the police department or to
an agent of the towing company acting on behalf of the police department.
(Code 1983, § 9.12, eff. 1-1-83; Ord. No. 160, 2nd series, eff. 3-26-93)
CITY CODE CHAPTER 10 SECTION 10.32
SEC. 10.32. OBSTRUCTIONS ON PUBLIC PROPERTY.
Subd. 1. Obstructions. It is unlawful for any person to place, deposit, display or
offer for sale, any fence, goods or other obstructions upon, over, across or under any
public property without first having obtained a written permit from the Council, and then
only in compliance in all respects with the terms and conditions of such permit, and
taking precautionary measures for the protection of the public. An electrical cord or
device of any kind is hereby included, but not by way of limitation, within the definition
of an obstruction.
Subd. 2. Fires. Except where authorized in this Code, it is unlawful for any
person to build or maintain a fire upon public property.
Subd. 3. Dumping on Public Property. It is unlawful for any person to throw or
deposit on public property any nails, dirt, glass or glassware, cans, discarded cloth or
clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products,
shreds or rubbish, oil, grease or other petroleum products, or to empty any water
containing salt or other injurious chemicals thereon. It is a violation of this section to
place or store any building materials or waste resulting from building construction or
demolition on public property without first having obtained a written permit from the
Council.
Subd. 4. Signs and Other Structures. It is unlawful for any person to place or
maintain a sign, advertisement, or other structure on public property without first having
obtained a written permit from the Council.
Subd. 5. Snow or Ice on Public Property. It is unlawful for any person not acting
under a contract with the City to dump snow or ice on public property.
Subd. 6. Continuing Violation. Each day that any person continues in violation
of this Section shall be a separate offense and punishable as such.
Subd. 7. Condition. Before granting any permit under any of the provisions of
this Section, the Council may impose such insurance or bonding conditions thereon as
it, considering the projected danger to public or private property or to persons, deems
proper for safeguarding such persons and property. Such insurance or bond shall also
protect the City from any suit, action or cause of action arising by reason of such
obstruction. (Code 1983, § 10.32, eff. 1-1-83)
City Code Chapter 11, Section 11.10, Subdivision 9. states:
Subd. 9. Structures in Public Rights-of-Way. No buildings, structures or uses
may be located in or on any public lands or rights-of-way without approval by the
Council.
I:\44b\snow&ice control policy 12 8 99
Agenda Information Memo
December 20, 1999
T. WESCOTT WOODLANDS
PUBLIC RIGHT-OF-WAY VACATION
ACTION TO BE CONSIDERED: Schedule a public hearing for January 18, 2000 to consider
the vacation of a portion of Wescott Woodlands south of the Carriage Hills golf course entrance
and north of Wescott Hills Drive.
FACTS:
• As part of the Wescott Woodlands street & utility improvements in 1998, the City Council
determined that a street connection was not to be made between Wescott Woodlands and
Wescott Hills Drive. The City Council approved a project with a permanent cul-de-sac on
Wescott Woodlands at the Carriage Hills golf course entrance and another at the north end of
Wescott Hills Dr. A gravel surfaced trail connection was constructed between the two newly
created cul-de-sacs. A trunk watermain is also located within this segment of right of way.
• This remaining unimproved portion of Wescott Woodlands and Wescott Hills Dr. is a gravel
section essentially serving as a private driveway for Hesse #3536 (Parcel 038-03), Vinge
93544 (Parcel 034-03) and Wessel #3590 Wescott Woodlands (Lot 1, Block 1 Wessel Pond
Addition).
• On Dec. 6, the Council received a petition from these affected property owners requesting the
vacation of that portion of the Wescott Woodlands south of the Golf course entrance.
Because the application was not complete, the scheduling of the public hearing was
continued indefinitely.
• All application materials have now been submitted and it is now in order for the Council to
schedule a public hearing to formally consider the merits of this request. If the vacation is
ultimately approved, the City will have to retain a drainage/utility and public trail easement
over the existing public right-of-way.
ISSUES:
• Currently, one property owner has posted a "No Trespassing" sign in the existing public
right of way & trail easement just south of the Wescott Woodlands cul-de-sac. This is
confusing to the general public due to the signs that the City Maintenance Division has
installed at the north end: "Private Drive — Public Trail Access Allowed" and "Public Trail
Access Only—No Motorized Vehicles Beyond" at the south end on Wescott Hills Dr.
• Mr. Wessel has objected to the City installing barriers south of his driveway that would keep
vehicles off the public trail but would not obstruct his driveway access. He is presently
storing a trailer on this portion of the right of way.
ATTACHMENTS:
• Letter of justification from property owners,pa e�.
• Sketch of right of way to be vacated,page
�D
RECEIVED
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
RE: Wescott Woodlands
We would like to request the vacation of public street right-of-way, Wescott
Woodlands, between the cul-de-sac at the entrance to the golf course and the cul-de-sac
on Wescott Hills Drive. With the City Council's decision to not have a through street
connection, the public right-of-way should no longer be required. Thank you for
considering our request.
Respectfully,
Carol and Donald Hesse
3536 Wescott Woodlands
Lynn K. and Tony Vinge
3544 Wescott Woodlands
Fred Wessel
3590 Wescott Woodlands
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City of Eagan PROPOSED R.O.W. VACATION 1
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Agenda Information Memo
December 20, 1999
U. CONTRACT 99-11,WESCOTT ROAD RE-STRIPING
PAVEMENT MARKINGS
ACTION TO BE CONSIDERED: Approve Change Order No. I to Contract 99-11 (Wescott
Road Re-Striping — Pavement Markings) and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• Contract 99-11 provides for the removal of the existing striping and re-striping of Wescott
Road, from Pilot Knob Road to Highway 149, from a 4-lane to a 3-lane design (Project
766R-B) in conjunction with the signalization of the Wescott Road and Lexington Avenue
intersection (Project 766R-A).
• The revision detailed in the change order addresses the correction of an error in the
contractor's bid for crosswalk pavement markings.
• In the bid quotation, the contractor wrote $0.07 for the unit (sq. ft.) price for the crosswalk
block markings, but calculated and wrote the total item bid price as an extension of$0.70 per
square foot. When the bid was reviewed and submitted for City Council approval, the total
item bid price was revised by extending the actual $0.07 per square foot unit price for the
contract award. In retrospect, the unit price should have been corrected rather than its
extension.
• The $0.70 unit price of the work identified in the change order is consistent with bid prices
for relevant bid items on other contracts within the metropolitan area where staff found a bid
price range of$0.60 to $0.90 per square foot.
• This change order has been reviewed by the Engineering Division and found to be in order
for favorable Council action.
• The change order provides for an additional cost of$837.90 (2.40% of original contract). The
associated cost will be the responsibility of the Major Street Fund.
ATTACHMENTS: [L
Change Order No. 1, pages 6 T through�.
63
SRF No. 0993376
CITY OF EAGAN
CONTRACT NO.: 99-11 CHANGE ORDER NO.: 1
PROJECT NO.: 766R-B DATE: DECEMBER 13,1999
PROJECT NAME: WESCOTT ROAD
PROJECT DESCRIPTION:
The project consists of pavement marking removal and pavement marking painting for Wescott Road
in the City of Eagan.
CONTRACTOR: Warning Lites ENGINEER: SRF Consulting Group, Inc.
4700 Lyndale Avenue North One Carlson Parkway, Suite 150
Minneapolis, MN 55430 Minneapolis, MN 55447
DESCRIPTION OF CHANGE ORDER WORK.
The change order consists of increasing the unit price for crosswalk marking and Zebra crosswalk
marking.
JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER:
The addition of this change order is requested by the Contractor due to the error in transposing an
incorrect bid of $0.07 per square foot of crosswalk marking rather than $0.70 per square foot as
intended. The $0.70 per square foot is a comparable bid price to other similar projects. This $0.63
increase in unit bid price increases the total project by$837.90.
V
Change Order No. 1 - 2- December 13, 1999
DESCRIPTION OF WORK ITEMS:
Item No. Item Description Unit Unit Price Quantity Amount
2564.604 Crosswalk Marking(paint) Sq.Ft $0.63 274 $172.62
2564.604 Zebra Crosswalk white paint Sq.Ft. $0.63 1,056 $665.28
Total Increase Change Order No. 1 $837.90
CONTRACT STATUS:
TIME/COMPLETION DATE: AMOUNT.-
Original Contract: October 16, 1999 $34,896.80
Change Order No. 1 December 13, 1999 $ 837.90
Subtotal of Previous Change Order. $ 0.00
This Change Order: $ 837.90
New Subtotal of All Change Orders: $ 837.90
Revise Contract. $35,734.70
Percent Increase or Decrease for this Change Order to Original Contract Amount: +2.40
Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: +2.40
�s
Change Order No. 1 - 3 - December 13, 1999
RECOMMENDED FOR APPROVAL:
�By; �f-tr d- u Date: (2- 13
SRF Consulting Group In
By: L,",ww Date: i Z- 14 -99
City Department Manage
By: Date.-
Warning
ate:Warning Lites
City of Eagan Council Action:
Mayor:
Clerk:
Approval Date:
Distribution: 1 —City
2—Contractor
1 -Engineer
� m6
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
V. INTERIM USE PERMIT EXTENSION—NORTHWEST AIRLINES
ACTION TO BE CONSIDERED:
To approve a 45 day extension for an Interim Use Permit allowing temporary modular
classrooms at the NATCO training facility located on Lot 1, Block 1, Lone Oak Second
Addition in the NE '/4 of Section 1.
FACTS:
➢ On December 3, 1997, the City Council approved an Interim Use Permit to allow the
installation of temporary modular classrooms at the NATCO training facility until the
building could be expanded. The conditions of Interim Use Permit approval state that
the permit shall terminate on January 1, 2000. Pan American has recently negotiated
an agreement to operate the NATCO facility and they are moving forward to build a
new facility that will house 24 classrooms and six more simulators.
➢ The 45 day extension to the January 1, 2000 termination date for the Interim Use
Permit will allow time to process a formal amendment application(to extend the IUP
term) and avoid a lapse in the permit.
➢ The requested 45 day extension would establish a termination of February 14, 2000.
ATTACHMENTS: (1)
➢ Pan American correspondence dated 12/15/99,page ks
d�07
JL5-888-1�t47
From: Robert V. Reeve To:Mike Ridley Date: 12/15/99 Time:3:51:24 PM Page 2 of 2
Pan Am Intemational Flight Academy
P.O. Box 660920
Miami, FL 33266
(305)874-6000
December 15, 1999
Mayor Pat Awada and the City Council
c/o Mike Ridley
City of Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
Dear Mayor Awada and Council Members:
My name is Bob Reeve and I am the Director of Site Development for Pan Am International Flight
Academy. We are an independent, privately owned company that provides aviation training worldwide.
Pan Am is currently operating training facilities in Memphis, Cincinnati, Orlando, Washingtion-Dulles,
Vero Beach FL., Phoenix, St. Louis and five facilities in Miami where it is headquartered. Pan Am is
currently under going rapid growth and expansion. We are building new training centers in Orlando,
Sterling VA, Indianapolis; Ft. Pierce FL., Phoenix, Sao Palo Brazil and soon, your town Eagan.
In addition to building these new facilities, Pan Am recently purchased the NATCO training business.
This essentially means that we purchased all the unused time on the Northwest Airlines simulators and
we will be using those simulators to provide training for our customers. The actual NATCO facilities are
still owned by Northwest but we will be using the facilities for our training.
As you know, there are currently six portable classrooms at the NATCO facility which are used to
provide the ground school and classroom requirements of the pilot training programs. The city granted
Northwest Airlines an interim use permit (IUP) for those units while they expanded their facility and that
the permit expires January 1, 2000, Pan Am will be building a new training facility that will eliminate the
need for these portables but until the new facility is complete, we have a need to continue to use these
units I am currently working with your Planning Department to extend the IUP while we build our new
training facility. Unfortunately, there is not enough time to comply with the procedures before the
permits expire. Therefore, on behalf of Pan Am and Northwest Airlines I am requesting an extension
to the permit until February 15, 2000 to allow time for the process.
Pan Am is looking forward to becoming a strong business entity in you community and I would like to
thank you in advance for your help in this matter. I look forward to talking to you and wish all happy
holidays.
Sincerely,
Robert V. Reeve
Director of Site Development
68
Agenda Information Memo
December 20, 1999, Eagan City Council
W. EXTENSION FOR RECORDING FINAL PLAT (MAJESTIC OAKS 2ND
ADDITION)—SWENSON,INC.
ACTION TO BE CONSIDERED:
To approve a 60-day extension for recording the final plat for Majestic Oaks 2"Addition,
consisting of 17 lots located northwest of Cliff Road and Hwy. 3 in the SE 1/4 of Section 26.
FACTS:
• On October 19, 1999, the City Council approved the Final Subdivision and the 60-day time
period for recording the plat is nearing expiration.
• The applicant is requesting an extension of time to record the final plat because Dakota
County has required that the plat be reviewed by MnDOT, which has delayed recording. The
extension will allow time for MnDOT to respond and for the recording to be completed.
ATTACHMENTS:
Letter from Swenson, Inc., page
6
Swenson, Inc.
P.O.Box 22039•Eagan,Minnesota 55122-0039•(612)452-7850• Fax(612)409-1909
December 16, 1999
Ms. Marilyn Wucherpfennig
City of Eagan
3830 Pilot Knob Road
Eagan,MN 55121
RE: Majestic Oaks 2"d Addition
Dear Marilyn:
I am writing this letter to request a 60-day extension for recording this plat. The current dead line
for recordation is December 19, 1999. I have encountered an unanticipated requirement. Dakota
County Survey Division has required that the Minnesota Department of Transportation,
Metropolitan Division review this plat.
Sincerely,
Bradley Swenson
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
X. FINAL SUBDIVISION (OAK CLIFF 9TH ADDITION)
CEDAR CLIFF PROPERTIES,L.L.C.
ACTION TO BE CONSIDERED:
To approve a Final Subdivision (Oak Cliff 9th Addition) consisting of two lots located
south of Cliff Road and west of Slater Road in the northwest 1/4 of Section 31.
FACTS:
➢ The subject property is currently described as Outlot A, Oak Cliff 8th Addition.
➢ The Preliminary Subdivision was approved by Council action on October 5, 1999.
➢ The financial guarantees and Development Contract are expected to be in order and
ready for execution.
ATTACHMENTS (1):
➢ Final Subdivision drawing, page .
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Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
Y. APPROVE 2000 BURNSVILLE/EAGAN COMMUNITY TELEVISION
BUDGET
ACTION TO BE CONSIDERED:
To adopt the 2000 Burnsville/Eagan Community Television Budget.
FACTS:
• The Councils of Burnsville and Eagan, pursuant to the Joint Powers Agreement,
need to annually approve the BECT budget.
• The 2000 BECT budget of$552,000 is totally paid for from the PEG access fee,
with neither general revenue nor franchise fees support.
• The Burnsville/Eagan Telecommunications Commission, pursuant to authority of
the Joint Powers Agreement, approved a $.15 per month increase in the PEG fee
for 2000 at its September meeting. The PEG fee in 2000 will be $1.40.
• The 2000 BECT budget is based, in part, on the first year's (1999) operation of
the BECT by the Cities, with the following major new/additional expenses: 1)
increase in office rent, as anticipated, - $20,000; and, 2) completion of
computer/software upgrade.
• The proposed budget is as follows:
BECT 2000 Proposed Budget
1999 1999 2000
Budget Estimate Proposed
Revenues:
PEG Access Fees $ 472,239 $ 472,239 $ 530,393
Expenses:
Employee Services $ 247,536 $ 234,830 $262,339
Other C uirentExpenses 118,703 118,703 158,239
C apital Ouflay 106.000 106.000 109.815
$ 472,239 $ 459 533 $ 530,393
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
Z. SUPPLEMENTAL AGREEMENT—UNION PACIFIC RAILROAD (STORM
SEWER PERMIT)
ACTION TO BE CONSIDERED: Approve a Supplemental Agreement with the Union
Pacific Railroad for a storm sewer crossing permit (Prof. 428) and authorize the Mayor
and City clerk to execute all related documents.
FACTS:
• In 1985 under project #428, the City constructed an 84" storm sewer under the Union
Pacific Railroad right-of-way in the Minnesota River Valley near Commanche Dr.
The City had to acquire a permit from the railroad for this crossing. At that time, the
railroad would only issue a"rental" license that had an annual renewal fee of$180 per
year (not guaranteed). Since 1985, the City has paid $2,520 in annual fees. The
Public Works Director has negotiated a permanent one-time payment for an
additional amount of $2,285 that would eliminate all future rentals that may carry
increases or adjustments.
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
# LIG`j `.:AARINGS'.
A. PROPOSED 2000 GENERAL FUND BUDGET AND PAYABLE 2000
PROPERTY TAX LEVY
ACTION TO BE CONSIDERED:
Approve the 2000 General Fund Budget and the resolution certifying the 2000 ad
valorem property tax levy.
FACTS:
• The City is required by State law to hold a truth in taxation public hearing to consider
the 2000 payable property tax levy and the 2000 budget. This hearing was held and
closed on December 6, 1999. At the conclusion of the initial hearing or continuation
hearing, if one is held, a subsequent hearing must be held to adopt the final payable
2000 budget and payable 2000 tax levy. On or before December 28, 1999 the final
certifications must be made to Dakota County.
• Parcel specific notices showing the comparison of actual 1999 taxes to proposed 2000
taxes have been sent to each property owner in the City.
• In addition to the mailed parcel specific notices,published notice is also required.
That notice which invites property owners to attend the public hearing or to send
written comments has been published in the Eagan This Week, Eagan Sun Current
and Dakota County Tribune. This is beyond the legal requirement that requires
publication in a newspaper that is circulated throughout the City.
• The City's final levy and budget cannot be adopted at the truth in taxation public
hearing but can be adopted at the continuation hearing, if one is held.
• The City's tax capacity rate for the truth in taxation notices is 24.435 (City 21.266 &
MVTA 3.169) compared to the 1999 rate of 24.682 (City 21.527 & MVTA 3.155)
ATTACHMENTS:
• Enclosed on pages through /�is a copy of comparative summaries of
revenues and expenditures for the General Fund.
• Enclosed on page is a copy of the resolution certifying the 2000 payable
property taxes.
2000budexp 12/16/99
2000 GENERAL FUND BUDGET
COMPARATIVE SUMMARY OF EXPENDITURES
1998 1999 2000
Actual Budget Proposed
GENERAL GOVERNMENT
01 Mayor& Council $ 101,484 $ 100,400 $ 101,700
02 Administration 662,583 712,500 750,500
03 Data Processing 472,646 532,900 604,500
05 Finance/City Clerk 851,505 868,400 892,500
06 Legal 279,986 340,000 346,000
07 Community Development 1,110,732 1,228,100 1,277,500
10 Cable TV 24,534 41,300 2,800
Gen Govt Total 3,503,470 3,823,600 3,975,500
PUBLIC SAFETY
11 Police 6,001,221 6,388,100 6,775,100
12 Fire 962,833 933,300 1,006,900
Public Safety Total 6,964,054 7,321,400 7,782,000
PUBLIC WORKS
21 Public Works Engineering 910,231 957,300 1,022,400
22 Streets & Highways 1,570,607 1,294,100 1,329,200
24 Central Svices. Maint. 378,056 385,600 409,700
Public Works Total 2,858,894 2,637,000 2,761,300
PARKS & RECREATION
31 Parks & Recreation 2,214,212 2,367,100 2,517,200
32 Tree Conservation 277,562 286,700 235,100
Parks & Rec Total 2,491,774 2,653,800 2,752,300
GENL GOVT BLDG MAINT
33 Building Maintenance 512,255 536,100 565,100
OTHER
42 Contingency--undesignated - 269,700 363,800
Total Expenditures $ 16,330,447 $ 17,241,600 $ 18,200,000
2000revsum 12/16/99
2000 BUDGET
GENERAL FUND
COMPARATIVE SUMMARY OF REVENUES
1997 1998 1999 2000
Actual Actual Budget Budget
General Property Taxes $ 10,800,110 $ 11,252,504 $ 11,760,800 $ 12,343,200
Licenses 146,924 155,347 172,500 156,800
Permits 1,038,825 1,065,320 514,000 569,000
Intergovernmental Revenues 2,280,881 2,925,625 2,125,000 2,312,900
Charges for Services 1,019,759 1,071,860 725,000 812,100
Recreation Charges 360,084 391,913 378,500 422,700
Fines & Forfeits 225,981 182,611 181,000 177,000
Other Revenues 622,080 741,846 377,600 396,900
Program Revenues 673,799 897,560 829,200 881,700
Transfers 164.727 172.740 178,000 127,700
TOTAL GENERAL FUND $ 17.333.170 $ 18.857.326 $ 17.241.600 $ 18.200.000
"76
RESOLUTION
CITY OF EAGAN
LEVY OF 2000 REAL ESTATE TAXES
WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County,
Minnesota, was held on December 20, 1999, at 6:30 p.m., at the Eagan Municipal Center, all
members being present,
WHEREAS, upon motion by Councilmember , and seconded by
Councilmember
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan,
Dakota County, Minnesota, hereby is on record approving and certifying the levy of 2000 Real
Estate Taxes for Eagan, Minnesota, which taxes are payable in 2000 as follows:
Revenues:
General Fund $ 12,343,200
Equipment Revolving Fund 700,000
Major Street Fund 1,000,000
General Facilities Renewal & Replacement 100,000
Subtotal Revenues $ 14,143,200
Debt:
Assessments on City Property $ 25,000
Subtotal City Services $14,168,200
Transit:
Transit Services $ 2,110,918 2,110,918
Total City Wide Levy $16,279.118
Cedarvale Special Services District Levy $ 5,000
Dated: December 20, 1999 CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council of the City
of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of
December, 1999.
E. J. VanOverbeke, City Clerk
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
VII. OLD BUSINESS
A. 2000-2004 CAPITAL IMPROVEMENT PROGRAM
ACTION TO BE CONSIDERED:
To approve Part II (Vehicles and Equipment) of the 2000—2004 CIP
FACTS:
• At the regular City Council meeting on July 20, 1999 Part III of the 2000—2004
CIP covering Utilities and Street Infrastructure was approved. Since that time,
planning and preliminary work on those projects has begun.
• At a Special City Council meeting held on August 3, 1999 discussions were held
with the Advisory Parks and Recreation Commission regarding the Park
Acquisition and Development section of Part III of the CIP. Direction was
provided to the Commission about refinements to the proposed CIP. The work
specifically directed toward the 5-year CIP has not been completed as the
direction to work on the Central Park and related facilities has received the
highest priority. Staff is recommending that the 5-year CIP for Park Acquisition
and Development be further discussed at a special meeting early in 2000 as time
permits its scheduling.
• Part I (General Government Facilities)has not been addressed in the context of
the 5-year CIP and also probably should come before the City Council at a special
meeting.
• The CIP covering Part II (Vehicles and Equipment) is limited by the annual
allocation as previously determined by the City Council. The dollar amount
available for 2000 is $800,486. The total of the requests submitted by the
departments is slightly higher than the available balance at this time. The
Department Heads will be meeting to complete the final list of vehicles and
equipment to be purchased during 2000. That final list will be within the
allocation. Staff is requesting that the City Council approve the allocation subject
to the staff s completing the process. That City Council's action would allow
departments to begin the necessary planning and ordering of the vehicles and
equipment to take advantage of all competitively bid pricing opportunities such as
the State contracts.
Agenda Information Memo
December 20, 1999 Eagan City Council Meeting
VII. NEW BUSINESS
A. PRELIMINARY SUBDIVISION (TOWN CENTRE 100 EIGHTEENTH
ADDITION) ELDER JONES COMPANY, INC.
ACTION TO BE CONSIDERED:
To approve a Preliminary Subdivision entitled the "Town Centre 100 Eighteenth
Addition" located north of Town Centre Drive and east of O' Leary Lane upon property
currently platted as Outlot B, Town Centre 100 Sixteenth Addition subject to the
conditions listed in the APC meeting minutes.
FACTS:
➢ The subject property was originally part of the Eagan Heights Commercial
Development that was created in 1982. In 1987, the property was platted as Town
Centre 100 Third Addition. In conjunction with the development of the Allina
Medical Clinic in 1996, the subject property was replatted as Outlot B of the Town
Centre 100 Sixteenth Addition.
➢ The proposed lots are undeveloped and exist as a single outlot. The subject property
is an open grassland that contains no wetlands or significant trees.
➢ The proposed subdivision is being pursued as a result of the applicant's desire to
develop a medical clinic on the southern portion of the property(proposed Lot 1). As
part of the City Council's previous consideration(and approval) of the LB, Limited
Business zoning designation it was determined that uses allowed within the LB zone
(which includes "clinics for human care")were compatible with the surrounding area.
➢ Two individual lots have been proposed. Proposed Lot 1 measures 1.5 acres in size
and is planned to contain a medical clinic. Proposed Lot 2 measures 0.9 acres. No
specific development proposal for Lot 2 has been brought forward.
➢ At their regular meeting on November 23, 1999, the Advisory Planning Commission
held a public hearing to consider the Preliminary Subdivision and recommended
approval subject to the conditions listed in the APC meeting minutes.
ATTACHMENTS (2):
Minutes of the November 23, 1999 APC meeting, pages W+4r"t?rir_.
Staff report, pages)—Qthroughoo
�O
Page 9
November 23, 1999
ADVISORY PLANNING CONMSSION
PRELIMINARY SUBDIVISION
ELDER JONES CO., INC.
Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision
(Town Centre 100 Eighteenth Addition) of approximately 2.37 acres to create two commercial
lots, legally described as Outlot B of Town Centre 100 Sixteenth Addition, located on the
northeast corner of O'Leary Lane and Town Centre Drive in the NE'/4 of Section 15.
Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in
City staffs planning report dated November 17, 1999. Mr. Kirmis noted the background and
history, the surrounding uses and the existing conditions of the subject property.
The applicant noted its presence. No one from the audience addressed the APC.
Chair Heyl closed the public hearing.
Member Frank moved, Member Miller seconded, a motion to recommend approval of a
Preliminary Subdivision (Town Centre 100 Eighteenth Addition) of approximately 2.37 acres to
create two commercial lots, legally described as Outlot B of Town Centre 100 Sixteenth
Addition, located on the northeast corner of O'Leary Lane and Town Centre Drive in the NEIA of
Section 15, subject to the following conditions:
1. The developer shall comply with these standards conditions of plat approval as
adopted by Council on February 3, 1993:
Bl, B2, C1, C2, C4, Dl, E1
2. The developer shall extend a storm sewer pipe from the storm water pond to
accommodate runoff from future Lot 1 development as well as future development of Outlot C,
Town Centre 100 16`h Addition.
3. Sanitary sewer service for Lot 2 shall be constructed outside public drainage &
utility easement area.
4. The developer shall acquire all necessary private utility easements across the
Minnwest Bank property for its future construction. The developer shall provide these easements
to the City Attorney for review and approval prior to final subdivision approval.
5. This proposal shall be responsible for a cash trails dedication.
All voted in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: November 17, 1999 CASE: 15-PS-21-10-99
APPLICANT: Elder Jones Company, Inc. HEARING DATE: November 23, 1999
PROPERTY OWNER: Vernon R. Colon PREPARED BY: Bob Kirmis
REQUEST: Preliminary Subdivision
LOCATION: North of Town Centre Drive and east of O'Leary Lane (Outlot B, Town Centre
100 16th Addition)
COMPREHENSIVE PLAN: CA, Central Area
ZONING: LB, Limited Business
SUMMARY OF REQUEST
Elder Jones Company Inc. is requesting Preliminary Subdivision approval to allow the creation
of a two lot subdivision entitled"Town Centre 100 Eighteenth Addition". The proposed
subdivision overlays 2.4 acres of land located north of Town Centre Drive and east of O' Leary
Lane upon property currently platted as Outlot B, Town Centre 100 Sixteenth Addition.
The subject property is zoned LB, Limited Business and lies within the shoreland overlay district
of O' Leary Lake.
AUTHORITY FOR REVIEW
City Code Section 13.20 Subd. 6 states that"In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
A. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
Planning Report—T.C. 100 18'Addition
November 23, 1999
Page 2
B. That the physical characteristics of the site including,but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding,water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
C. That the site physically is suitable for the proposed density of development.
D. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
E. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
F. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgment of court.
G. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
H. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
I. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
J. That the subdivision is in compliance with those standards set forth in that certain
document entitled"City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization"which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the"Water Quality
Management Plan". Said document and all of the notations,references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the
public."
BACKGROUND/HISTORY
The subject property was originally part of the Eagan Heights Commercial Development that
was created in 1982. In 1987, the property was platted as Town Centre 100 Third Addition. In
Planning Report—T.C. 100 18`'Addition
November 23, 1999
Page 3
conjunction with the development of the Allina Medical Clinic in 1996,the subject property was
replatted as Outlot B of the Town Centre 100 Sixteenth Addition.
EXISTING CONDITIONS
The proposed lots are undeveloped and exist as a single outlot. The subject property is an open
grassland that contains no wetlands or significant trees.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North- Minnwest Bank; zoned LB, Limited Business and designated CA, Central Area
South- Waterford Place Apartments; zoned PD, Planned Development and designated CA,
Neighborhood Business.
East - Undeveloped/Allina Medical Clinic, zoned LB, Limited Business and designated CA,
Central Area.
West - Undeveloped, zoned PD,Planned Development and designated CA, Central Area.
EVALUATION OF REQUEST
Compatibility with Surrounding_Area- The proposed subdivision is being pursued as a result of
the applicant's desire to develop a medical clinic on the southern portion of the property
(proposed Lot 1). As part of the City Council's previous consideration(and approval) of the LB,
Limited Business zoning designation it was determined that uses allowed within the LB zone
(which includes "clinics for human care")were compatible with the surrounding area.
Lots - As shown on the preliminary subdivision, two individual lots have been proposed.
Proposed Lot 1 measures 1.5 acres in size and is planned to contain a medical clinic. Proposed
Lot 2 measures 0.9 acres. No specific development proposal for Lot 2 has been brought forward.
Development Plans - Attached to this report is a conceptual development for proposed Lot 1.
The plan calls for the construction of a single story, 12,000 square foot"counseling clinic"upon
the property. If any issues arise with the development of the property, they will be addressed as
part of the building permit. Conceptual development plans for Lot 2 have yet to be brought
forward. When such plans are developed, they will also 1 be subject to the building permit
process.
Planning Report—T.C. 100 18'Addition
November 23, 1999
Page 4
Gradin - The preliminary grading plan is acceptable. The site generally slopes to the north with
elevation ranging from 888 to 900. The site is clear and has been previously graded. Minimal
grading will be required to prepare the site for the proposed development.
Storm Drainage - Storm water runoff from the development will drain via storm sewer to a storm
water pond previously constructed to the north within Lot l,Town Centre 100 17"' (Minnwest
Bank). The developer should extend a storm sewer pipe from the storm water pond to
accommodate runoff from future Lot 1 development as well as future development of Outlot C,
Town Centre 100 16'h Addition.
Utilities - The preliminary utility plan is acceptable with modifications. Water main service is
available for the development.
Sanitary sewer was stubbed from Town Centre Drive to provide service to this property as a
whole and can readily serve Lot 1 of this proposed development. However, sanitary sewer is not
readily available for Lot 2 and will need to be extended across Lot 1, TC 100 17' (Minnwest
Bank) from Yankee Doodle Road at time of building permit for Lot 2. The sanitary sewer
service should be constructed outside public drainage &utility easement area. The developer
should acquire all necessary private utility easements across the Minnwest Bank property for its
future construction. The developer should provide these easements to the City Attorney for
review and approval prior to final subdivision approval.
Access -Public street access for Lot 1 is proposed from O'Leary Lane along the west edge of the
site. Access to Lot 2 is proposed via the existing private drive along the north edge of Lot 2.
Easements/Permits/Right-of-Way- The developer should be responsible for acquiring private
utility easement for the sanitary sewer service construction across Lot 1, Town Centre 100 170'
Addition(Minnwest Bank).
Tree Preservation- There are no tree preservation issues for this development.
Water Quality/Wetlands - There are no water quality/wetlands issues relative to this
development.
Parks and Trails - The parks dedication has already been fulfilled for this development, however
it will be responsible for a cash trails dedication.
SUMMARY/CONCLUSION
The proposed two lot subdivision appears compatible with existing and anticipated uses in the
area.
g�
Planning Report—T.C. 100 18`'Addition
November 23, 1999
Page 5
ACTION TO BE CONSIDERED
To recommend approval of a Preliminary Subdivision entitled"Town Center 100 Eighteenth
Addition" located north of Town Centre Drive and east of O' Leary Lane upon property currently
platted as Outlot B, Town Centre 100 Sixteenth Addition.
If approved, the following conditions should apply:
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 3, 1993:
B1, 2
Cl, 2, 4
D1
E1
2. The developer shall extend a storm sewer pipe from the storm water pond to accommodate
runoff from future Lot 1 development as well as future development of Outlot C, Town
Centre 100 16'Addition.
3. Sanitary sewer service for Lot 2 shall be constructed outside public drainage&utility
easement area.
4. The developer shall acquire all necessary private utility easements across the Minnwest Bank
property for its future construction. The developer shall provide these easements to the City
Attorney for review and approval prior to final subdivision approval.
5. This proposal shall be responsible for a cash trails dedication.
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights-of-Way
1. This development shall dedicate 10-foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission City Council
Approved: August 25, 1987 September 15, 1987
Revised: July 10, 1990
Revised: February 2, 1993
LTS#5
STANDARD.CON
FINANCIAL OBLIGATION—TOWN CENTRE 10018TH ADDITION
There are pay-off balances of special assessments totaling $0 on the parcel proposed for platting.
The pay-off balance will be allocated to the lots created by the plat.
At this time,there are no pending assessments on the parcel proposed for platting.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are proposed. The charges are computed using the City's
existing fee schedule and for the connection and availability of the City's utility system.
IMPROVEMENT USE RATE QUANTITY AMOUNT
Storm Sewer Trunk C/I .021/Sq. Ft. 103,237 Sq. Ft. $2,168
Water Availability Charge C/I $3,030/Ac 2.37 Ac 7,181
TOTAL $9,349
^�/Eagan Boundary
Location Map Street Centerline
Parcel Area
Building Footprint
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Development/Developer.. Town Centre 100 18th Addition
Application: Preliminary Subdivisio
Case No.: 15-PS-21-10-99 n
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Map Prepared using ERS ArcYew base map idormz6on provided N
/ by Dakota Canty Lad Survey DepwbTw t and is Current as of June 1999.
City of Eagan l THIS MAP IS INTENDED FOR REFERENCE USE ONLYW E
Community Dovelopment Department The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan City of Eagan
Land Use Map Case No. 15-Ps-21-10-99
Zoning Map V •U
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City of Eagan W E
2 THIS MAP IS INTENDED FOR REFERENCE USE ONLY
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