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11/09/1989 - City Council Regular AGENDA REGULAR MEETING EAG;iN CITY COUNCIL EAGAN, MINNESOTA CIPAL CENTER BUILDING _ SDAY, NOVEMBER 9, 1989 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. POLICE DEPARTMENT 1. South Metro Task Force, 1990 Joint Powers Agreement B. DIRECTOR OF PUBLIC WORKS (D 1. Appoint Representatives to the Gun Club Lake Watershed Mgmt Organization t` 2. Consider Petition to Restrict On-Street Parking, Covington Lane (Johnny Cake Ridge Roa D to Forssa Way 4 IV. 6:55 - CONSENT AGENDA (PINK) A. PERSONNEL ITEMS P 20 B. DECLARE SURPLUS PROPERTY, Two, 16-Channel Micom Multiplexers C. FINAL PLAT, Town Centre 100 Fiit:h Addition (Waterford Apartments) 3� D. FINAL PLAT, Eagan Evangelical Church , ,;,/E. FINAL PLAT, Stratford Oaks .>:�, F. FINAL PLAT, Whispering Woods 5th Addition '7G. AMENDMENT to Development Contract, Hills of Stonebridge II H. RESOLUTION, Authorizing City to Enter Agreement with State of Minnesota for Celebrat Minnesota 1990 Program Grant I. AUTHORIZATION, Cooperative Agreement to Participate in the CDBG Program J. PROJECT 583, Receive Feasibility Report/Order Public Hearing (Park Center Addition �'L�O Streets & Utilities) K. PROJECT 578, Receive Feasibility Report/Order Public Hearing (Sibley Terminal Industria ' 1 Park - Storm Sewer) J(u L. PROJECT 574, Receive Feasibility Report/Order Public Hearing (Eagandale Center Industria �1Park - Streetlights) ��M. APPROVE Resolution Requesting MnDOT Speed Limit Determination (Lone Oak Drive) � '3 N. PROJECT 86-EE, Final Acceptance (Park Knoll - Streets and Utilities) `"��0. PROJECT 88-D, Final Acceptance (Buffer Hills Add - Streets and Utilities) y uq P. PROJECT 88-A, Final "Acceptance (Pond View - Streets and Utilities) Q. PROJECT 89-P, Final Acceptance (Rasmussen College - Utilities) R. PROJECT 88-M, Final Acceptance (Potts Addition - Sanitary Sewer) S. CONTRACT 89-14, Approve Change Order #1 (Coachman Water Treatment Plant Dehumidification) �/, . CONTRACT 88-24, Approve Change Order #3 (Lexington Avenue Reservoir) 4 U. VACATE Portion of Lexington Way Right-of-Way, Receive Request/Order Public Hearing ' j V. VACATE Portion of Trunk Highway 13, Receive Request/Order Public Hearing W. AUTHORIZE Termination of Declaration of Roadway Easement (Eagandale Center Industria Park 7th Addition X. VACATE Portion of Cedarvale Boulevard, Receive Petition/Order Public Hearing (Cedarval Shopping Center) Y. RECEIVE Quotes/Award Project, Pavement Management System Z. Public Works Department Property Acquisition for Water Utility Purposes, NE Corner o "\ Cliff & Pilot Knob Roads V. 7:00 - PUBLIC HEARINGS (SALMON) �,> ' A. VACATION of Public Right-of-Way, Lexington Way at Lexington Avenue S3 B. PROJECT 586, South Oaks Addition - Streetlights VI. OLD BUSINESS (ORCHID) A. STAFFORD Place Addition q B. FINAL RATIFICATION, Park & Trail Dedication Policy "elo C. KENNEL LICENSE, Wayne & Karen Henneke, 3453 Rolling Hills Drive RECONSIDERATION, Removal of Trailer at 3850 Coronation Road, James B. Horne V. APPLICATION, Tri-Land Partnership of Eagan, for Tax Increment Financing Association Wit the Eagan Center 5th Addition Project and Schedule Date for Public Hearing F. CONTRACT 89-24, Receive Bids/Award Contract, Stratford Oaks - Storm & Sanitary Sewer q1 PIVII. NEW BUSINESS (TAN) A. SELECT Audit Firm` �0 B. RECOMMENDATION, Airport Relations Committee, Braslau Corridor Study 1�C. EXTENSION of Preliminary Plat Approval, Highview Park ��D. REQUEST, Special Hunting Season Permit, Richard Maurer, Jr, 3370 Lexington Ave, Eagan (o E. CONDITIONAL USE PERMIT, Eagan Center Associates, to Allow a Day Care Facility in a CS .�ZJ (Community Shopping Center) District Located on Lot 1, Block 1, Thomas Lake Cente Addition, Along North Side of Cliff Road West of Thomas Lake Road in SWC of Sec 28 (� F. REZONING, Whispering Woods Fifth Addition/Burnsville Lumber Co, Inc, of Approximatel Pi 4 9.5 A (Agricultural) Acres to an R-1 (Single Family) District Located West of Slater Roa I and South of Cliff Road in the SWC of Sec 31 VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) • X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT e` r a I • THE ADMINISTRATIVE PACKET WILL BE DISTRIBUTED ON WEDNESDAY WITH ANY ADDITIONAL ITEMS FOR THE NOVEMBER 9 COUNCIL MEETING. MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: Novi nNmmz 2, 1989 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 9, 1989 CITY COUNCIL MEETING A,D�3PT.f �ENDA,�APPROVE �4��FU�'ES After approval is given to the November 9, 1989, City Council agenda, regular meeting minutes for the October 17 meeting and special City Council minutes for the October 10 meeting, the following items are in order for consideration. EPARTA'IE1T HEAD BUSINLS A. POLICE DEPARTMENT 1. South Metro Task Force Joint Powers Agreement--The Dakota County Attorney's office has drafted the 1990 Joint Powers Agreement for the South Metro Task Force and for City Council review, a copy is enclosed on pages _through The agreement contains the new figures discussed at the last Advisory Board meeting for the 1990 budget, as a result of the $80,000 in grant funds which will be received for 1990. As the agreement states, $150,000 is required as matching funds from member cities in the County. Those entities are: Burnsville, Eagan, Apple Valley, Lakeville and Dakota County. Each of those units of government including the City of Eagan is responsible for approximately $30,000. The only major change from the 1989 agreement is the addition of a sentence in paragraph 10 that provides for the use of fine or restitution monies which are ordered paid to Task Force to offset equipment or operating costs of the Task Force. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authorization and execution of the 1990 Joint Powers Agreement for the South Metro Task Force. 1990 JOINT POWERS AGREEMENT SOUTH METRO TASK FORCE THE PARTIES TO THIS AGREEMENT are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes § , 471. 59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers agree as follows: 1. Name. The parties did establish in 1988 and hereby maintain the South Metro Task Force. 2. General Purpose. The purpose of this joint powers agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members The members of this Agreement shall consist of the following units of government: City of Burnsville City of Eagan City of Apple Valley City of Lakeville Dakota County 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the South Metro Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ( "grant funds" ) . The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5. 1 The governing body of the Task Force shall be a Board consisting of five members. The police chief or sheriff of each Page 1 of 8 party shall appoint one board member to serve at the chief ' s or sheriff 's pleasure. Board members must be full-time supervisory peace officers of the jurisdiction that appoints the Board member . 5. 2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice-chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days ' prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of three (3) members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6. 2 The Board will coordinate intelligence between the members and the Task Force. 6. 3 The Board shall appoint and supervise the Agent-In- Charge of the Task Force. 6.4 The Board may cooperate with other federal , state, and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its powers. Page 2 of 8 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports, and records shall be open to inspection by its members at all reasonable times. 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the terms of this Agreement. 6.10 The Board may decide to purchase liability insurance which shall be payable from Task Force funds. 7. Finances. 7.1 The members intend to fund the 1990 cost of operation of the Task Force totaling $230,000.00 as follows: (1) $80,000.00 from 1990 grant funds, and (2) $150,000. 00 in matching funds from member cities and County. The matching funds shall fund the continued cost of maintaining the replacement officers hired during 1988 for the officer assigned by each member to the Task Force. 7. 2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force 's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville Page 3 of 8 depository without the signature of the Task Force secretary/treasurer. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the secretary/treasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds from each member will be used to pay the 1990 salary of the officer hired in 1988 to replace the officer assigned to the Task Force. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7 .6 The Board may not incur debts. • 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment, and the like is contingent upon the Task Force receiving at least $80,000. 00 in grant funds in 1990. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agents. 8.1 Each member shall assign one experienced, licensed peace officer to serve on the Task Force on a full-time basis. 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. • Page 4 of 8 8.3 Agents will be responsible for drug investigation, including intelligence management, case development, and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent-in-Charge. 8. 5 The member appointing the Agent shall furnish the agent a weapon and a vehicle and pay any lease payments, insurance, maintenance, and operating costs of the vehicle. 8.6 The members shall maintain the officer positions hired in 1988 to replace the officer assigned to the Task Force. 9. Agent-In-Charge. 9.1 From the agents assigned by members, an Agent-In- Charge shall be appointed by the Board and serve at its pleasure. The Agent-In-Charge must be a full-time, licensed peace officer of a member and shall be paid a supervisor 's salary by that member. The • difference between the rate of pay, if any, the Agent-In-Charge would normally have received from the member and the rate of pay for the member 's first line supervisor, however, will be paid by the Task Force. The Agent-In-Charge shall remain an employee of the member city or County. 9. 2 The Agent-In-Charge shall be in charge of the day-to- day operation of the Task Force, including supervising the Task Force 's assigned personnel, subject to direction received from the Board. The Agent-In-Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management, and intelligence management. The Agent-In-Charge will be responsible to Page 5 of 8 keep the Board updated as to the Task Force 's activity, which would • include major case development within member jurisdictions. The Agent-In-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-In-Charge will be responsible for all buy fund monies and petty cash funds and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit . 9.3 The Agent-In-Charge may exclude agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the agent to the Task Force. 10. Forfeitures, Seizures and Fines. Items that are seized by the Task Force may be used to support Task Force efforts. The use • of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. All remaining forfeited items shall be divided equally among Task Force members. Fine or restitution monies ordered paid to the Task Force by Court Order shall be used to off set equipment or operating costs of the Task Force not funded by grant or matching funds. 11 . Headquarters. The City of Eagan will furnish the Task Force, without cost, office space at 3830 Pilot Knob Road, Eagan, Minnesota 55122. All utilities, including electricity, heat, air conditioning, and the like shall also be furnished to the Task Force by Eagan without cost. 12. Indemnification. Each member shall fully indemnify and • hold harmless the other members against all claims, losses, damage, Page 6 of 8 liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force. This agreement to indemnify and hold harmless does not constitute a • waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 13. Duration. 13.1 This Agreement shall take full force and effect when all five potential members, listed in paragraph three of this Agreement, sign it. All members need not sign the same copy. The signed Agreement shall be filed with the city clerk of the City of Eagan, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. Unless all five potential members have signed this Agreement by January 1, 1990, it shall be null and void. 13.2 This Agreement shall terminate twelve (12) months from its effective date unless extended by further written agreement of the parties. 13.3 This Agreement may be terminated at any time by the written agreement of 3/5 of the Board members. 13.4 Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the contributions of each member of this Agreement. Page 7 0 8 IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes § 471. 59. Approved by the City Council CITY OF LAKEVILLE ,1989. By Date of Signature Attest Date of Signature Approved by the City Council CITY OF BURNSVILLE ,1989. By Date of Signature Attest Date of Signature Approved by the City Council CITY OF EAGAN ,1989. By Date of Signature Attest Date of Signature . Approved by the City Council CITY OF APPLE VALLEY ,1989. By Date of Signature Attest Date of Signature Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. By Rod Boyd, Sheriff Date of Signature Dakota County Attorney's Office Dakota County Government Center Approved as to Form 1560 Highway 55 1 /1 G/U- JL Hastings, Minnesota 55033 By t. (\ Telephone: (612) 438-4438 As stant County Attorn Date f Signature \()'Z3'e Approved as to Execution by County By Assistant County Attorney Date of Signature • Page 8 of 8 C/K-90-2 Agenda Information Memo November 9, 1989 City Council Meeting • B. DIRECTOR OF PUBLIC WORKS: Item 1. Appoint Representatives to the Gun Club Lake Watershed Management Organization--On June 20th, the City Council received the resignation of Scott Merkley from the Gun Club Lake WMO and directed staff to solicit a replacement from the membership of several of the City's other advisory commissions and committees. As of this date, staff has not received any interest from any commission member to serve on the Gun Club Lake WMO. Recently, we have received a notice of resignation from Tom Walkington effective November 1st. Of the City's designated representation on this multiple community organization, only the Director of Public Works remains as a full board member with alternate LuAnn Alderks still being active. With the recent adoption of the Gun Club Management Plan, the Joint Powers Agreement stipulates that the board of managers shall be reduced to one representative and an alternate from each of the communities of Inver Grove Heights and Mendota Heights while Eagan is to remain at three full board members with one alternate. This majority representation, necessary to insure proper control over issues affecting the City of Eagan, is in jeopardy with the present reduced representation by Eagan at one member and one alternate due to the recent two resignations going unfilled. Works h The Director of Public W as discussed the issue with the alternate board member • LuAnn Alderks who has expressed an interest to remain active and would like to be considered for appointment as a full board member. Also enclosed is a letter from the Superintendent of Parks expressing an interest and willingness to also be considered as a full board member on the Gun Club Lake WMO. Mr. Vondelinde's involvement in the Water Quality Task Force Committee provides a very valuable background and experience in surface water management. If the Council concurs with the recommendation for these three formal full time board members, it would also be the Director of Public Works recommendation that Mr. Mike Foertsch, Assistant City Engineer, be considered and designated as the official alternate to help insure continuity and knowledge of the continuing process of surface water management within the WMO and as it specifically affects the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Tom Walkington from the Gun Club Lake WMO and appoint LuAnn Alderks and John Vondelinde as full board members with Mike Foertsch the designated alternate. Agenda Information Memo November 9, 1989, City Council Meeting • Item 2. Consider Petition To Restrict On-Street Parking, Covington Lane (Johnny Cake Ridge Road To Forssa way)--Enclosed on pages �through is a petition received from Mr. Jerry Evans and several property owners located within the Ridgecliffe Addition requesting that a partial restriction for on-street parking be placed on the south side of Covington Lane between Johnny Cake Ridge Road and Forssa Way to control the parking associated with the use of Ridgecliffe Park activities. In reviewing this petition with the Park Department, they indicate that scheduled activities that tend to precipitate on-street parking are limited from May 1 through September 15. If favorable consideration is given to this petition, specific signs could be erected between Forssa Way and Johnny Cake Ridge Road on the south side of Covington Lane restricting on-street parking during the periods of 9:00 a.m. to 9:00 p.m. from May 1 to September 15. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the appropriate restrictions for on-street parking of Covington Lane (Johnny Cake Ridge Road to Forssa Way). • • 16VTK �rY1 y S� 111-71 i�Cay �YLI 8 B89 Date Received s . 14/0 4� 34 y a �5 Approved PETITION y NO PARKING SIGNS I/we, the undersigned hereby petition the City of Eagan to install No Parking Signs on I/we, request this installation for the following reasons: /�-- �� Ji-;= :2 vim- 27-1 J 2. -`_ �it�'�'?'L G'?✓' � _moo i'"Z�' ��__�'—��_ C� r�� I I/we requast that the City take t2s petition request under consideration at its earliest opportunity. N (Please print and initial) ADDRESS 2. 3 6. 41 i - r J v � ' j�► o F J � Agenda Information Memo November 9, 1989 City Council Meeting • Y:•. SENTAGENDA;:: There are twenty-six (26) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the disucssion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS -- Personnel Items consist of four proposed policies. All four policies have been reviewed and recommended for approval by the Personnel Committee of the City Council and by the management team. The first two policies were suggested/requested by employees and/or management. The last two policies were developed to fulfill requirements of legislation and/or court decisions. If the City Council wishes to discuss any of the following policies, that policy should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. Item 1. Use of Sick Leave for Wellness Activities Policy -- This policy has been reviewed and is recommended for approval by both the Personnel Committee of the City Council and by the management team. When the Personnel Committee reviewed this policy, they requested two revisions to the policy, including a review following the first year of use. Those revisions have been included in the policy as it is enclosed on pages L�through —4�a. The purpose of this policy is to provide a means by which employees may use accumulated sick leave to pay for various wellness activities, such as stop smoking programs, weight reduction programs, aerobic exercise activities, etc. This policy does not require an additional financial obligation on the part of the City. In fact, use of the program would result in a cost savings for the City. Payments are only made once a year so administration of the program will be fairly simplified. The City has checked with other cities who have these types of programs, and not only are those cities not experiencing problems, they strongly endorse the program as beneficial to employee production and morale. Because employees have been aware of and hopefully anticipating this program while it has been discussed, reviewed and revised over a period of approximately one year, it is recommended that it be made retroactively effective to programs utilized since January 1, 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 'Use of Sick Leave for Wellness Activities Policy" as presented, retroactively effective for covered programs participated in since January 1, 1989. • DRAFT CITY OF EAGAN • USE OF SICK LEAVE FOR WELLNESS ACTIVITIES POLICY 1. Employees who have been with the City of Eagan at least five years and who have accrued and maintain a balance of over 160 hours of sick leave time will be allowed to trade accumulated sick leave for cash reimbursement of approved fitness activities. Accumulated sick leave used for this purpose will be reimbursed in cash at half the employee's current rate of pay. a. In order to receive reimbursement, the employee must do the following: 1) Before beginning the activity (or prior to January 1 of any year for ongoing memberships) , the employee will submit a description of the activity for which he/she intends to submit a claim the following November to Personnel. 2) Personnel will indicate to the employee whether the activity is appropriate for reimbursement within a two week period. b. Reimbursements will be taxable income to the employee. C. Claims for the previous twelve months will be submitted during November of each year and will be reimbursed during December. All claims must be accompanied by proper documentation for each activity. The number of sick leave hours used to fund the reimbursement will be based on one-half the hourly rate of pay at the time the request for payment is processed. d. Approved aerobic fitness activities will be reimbursed at 100 % of cost. This includes individual employee memberships in approved health clubs and/or a sum equal to an individual membership for those employees holding family memberships which include the employee. An approved health club would be one that provides facilities for aerobic activities (swimming, running, rowing, aerobic classes) and one that is primarily not social. e. Approved programs to improve health such as classes on weight loss, smoking cessation or stress management will also be covered 100%. This would include jazzercise, exercise classes, learning to eat, and weight watchers. (over) • /S G f. Regular (meaning at least once a week) fitness activities resulting in a moderate to high aerobic benefit and their fees and memberships will also be eligible for reimbursement (Please see following table for aerobic ratings) . This includes activities such as singles tennis, racquetball, handball, (and court fees associated with these sports) , basketball, exercise classes, hockey, soccer, martial arts training, soccer, skating, cross country skiing, and gymnastics. g. Activities with a relatively low aerobic benefit, such as bowling, golf, archery, downhill skiing and baseball/softball, are not eligible for reimbursement under this policy. h. Any clothing or equipment costs, competitive registration fees or costs for food will not qualify for reimbursement. i. Employees are advised to have a physical examination by their- physician if they are beginning a new program of physical activity. j . Employees may not participate in any sick leave for fitness eligible program on City time. k. Sports/activities not listed will be evaluated on a case by case basis. 2 . The City Council will re-%riew this policy after it has been in place for one year to determine if any revisions are necessary. A COMPARISON OF BENEFITS OF SELECTED SPORTS/ACTIVITIES ACTIVITY AEROBIC ISTRENGTH I FAT LOSS I FLEXIBILITY Rowing HIGH high high moderate Aerobic Dance ( HIGH moderate high high Swimming HIGH moderate moderate high Cross entry Skiing HIGH moderate high moderate Running HIGH moderate high low Biking HIGH moderate high low Basketball HIGH moderate moderate moderate Soccer HIGH moderate moderate moderate Skating HIGH moderate moderate moderate Hockey HIGII moderate moderate moderate Jogging HIGII low moderate low Racquetball MODERATE low moderate moderate Singles Tennis MODERATE low moderate moderate Brisk Walking MODERATE low moderate low Downhill Skiing LOW moderate low low Goll LOW low low moderate Bowling ( LOW moderate low low Doubles Tennis LOW low low moderate Baseball ( LOW low low low Softball LOW low low low Agenda Information Memo November 9, 1989 City Council Meeting Item 2. "Sick Leave Accrual Policy" •- This policy has also been reviewed and has been recommended for approval by both the Personnel Committee of the City Cou cil and by the management team. A copy of the policy is enclosed on page for the Council's information. The purpose of this policy is to encourage careful use of sick leave among all employees in order that employees not be caught in a situation where they must be absent from the job for medical reasons for an extended period of time and not have any or not enough sick leave to cover that time. In such cases, employees not only can find themselves without a salary coming in, they also are obligated for reimbursing the City for any insurance premiums paid during an unpaid leave of absence. It is recommended that this policy be approved to be actively enforced beginning January 1, 1991, in order to give over twelve months time for all employees to build up the required 40 hours of sick leave. Please note that this policy does not prohibit the use of sick leave when the balance is under 40 hours, it merely requires that a doctor's excuse be presented for each such absence. The City now has the right to ask for a medical excuse on an optional basis. This would merely standardize practice when accumulated hours fall below 40. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the "Sick Leave Accrual Policy" as presented, to be actively enforced beginning January 1, 1991. DRAFT CITY OF EAGAN SICK LEAVE ACCRUAL POLICY Recommendations for all employee groups: 1. Any employee who has been with the City of Eagan for a period of at least twelve months and who has a current accrual of less than 40 hours of sick leave will be required to submit a doctor's verification that any sick leave time claimed by the employee was for one or more of the approved reasons listed in the personnel policy or collective bargaining agreement, whichever is effective, for taking such leave. (Employees accrue sick leave at the rate of 96 hours per year. ) a. Such doctor ' s verification must reference the specific dates for which the excuse is applicable and the reason(s) for the absence. b. If an employee suffers a major accident, illness, operation or other medical disability which requires that employee to use an amount of sick leave of over 80 hours and which results in a balance of less than forty hours of sick leave and after submitting a physician' s excuse for the period of time missed, that employee will be allowed an additional twelve month period from the time he/she returns to work in order to again build up a bank of sick leave. During this twelve month period, the doctor's excuse will not be required in order to use sick leave, even when the balance is beneath 40 hours. 2. This policy will be enforced only after a period of twelve months has elapsed from its approval and from the time all employees are informed in writing thereof. • Agenda Information Memo November 9, 1989 City Council Meeting Item 3. "AIDS and AIDS Related Conditions in the Workplace Policy" -- Attached on pages .22 through 2 � is a copy of the proposed "AIDS and AIDS Related Conditions in the Workplace Policy." This policy has also been reviewed and recommended for approval by the Personnel Committee of the City Council and by the management team. In legal terminology, persons infected with Human Immuno-deficiency Virus (HIV), the virus that can lead to AIDS, and persons who have contracted AIDS are regarded as persons with handicaps. Therefore these persons are protected, under law, from discrimination. Although AIDS as a disease has not become a major epidemic as of yet in the State of Minnesota, many employers, including the City of Eagan, may experience the impact of the disease whether in an employee, an employee's family member or friend. It is unrealistic to assume that "it can't happen here." It is recommended that the attached policy, including its educational programs, be put into place before the City experiences its first AIDS case so that: 1. Management, supervisors, and all other employees know that they cannot discriminate against AIDS victims, and 2. All employees know that there is a minimal risk of being infected by a co-worker in the normal workplace (despite what people may have heard to the contrary, this is the overwhelming view of scientific and medical experts.) Unfortunately, because i AIDS does kill its victims, persons who have not been educated regarding the facts of the disease have many fears about associating with a person stricken with AIDS. Education will be focussed on presenting facts regarding AIDS to all employees. There is no known risk of transmission of AIDS between employees or from an infected employee to a customer during normal activities in the workplace, even those involving close contact such as food service. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the proposed "AIDS and AIDS Related Conditions in the Workplace Policy" for the City of Eagan, effective immediately. • CITY OF EAGAN AIDS AND AIDS RELATED CONDITIONS IN THE WORKPLACE POLICY The City of Eagan recognizes that Acquired Immune Deficiency Syndrome (AIDS) , its related conditions such as AIDS Related Complex (ARC) and persons infected with Human Immuno-deficiency Virus (HIV) pose significant and delicate issues for employees in the workplace. Because the City of Eagan is committed to maintaining a healthy and safe work environment, the City has established the following guidelines for handling employee issues that arise when an employee is affected by this disease: 1. The City of Eagan is committed to maintaining a safe and healthy work environment for all employees. 2. Consistent with this commitment, the City will treat AIDS the same as other life-threatening illnesses such as cancer and heart disease in terms of all our employee policies and benefits, such as group health and life insurance, disability, leaves of absence and other disability benefits. Employees who are affected by AIDS or any other life threatening illness will be treated with compassion and understanding and will be given support to the full extent possible in dealing with their personal crisis. 3. Based on the overwhelming preponderance of available medical and scientific opinion, including statements from the United States Public Health Service Center for Disease Control, there is no evidence that the AIDS virus is casually transmitted in ordinary social or occupational settings or conditions. Therefore, subject to changes in available medical information, it is the policy of the City of Eagan to allow employees with AIDS or any of its related conditions to continue to work and to provide them with reasonable accommodations as long as they are medically able to perform and do not pose a danger to their own health and safety or the health and safety of others. Co-workers have no basis upon which to refuse to work or withhold their services for fear of contracting AIDS by working with an AIDS affected person. Employees who engage in such a refusal or withholding of services or who harass or otherwise discriminate against an AIDS affected employee will be subject to disciplinary actions according to the provisions of the City's Discipline Policy as stated in the City of Eagan's Personnel Policy. 4. Recognizing the need for employees to be able to be accurately informed about AIDS, the City of Eagan will establish an educational program regarding facts about the disease, how it is transmitted and not transmitted and how best to contain it from spreading. The subject will be addressed at an annual all-employee meeting and information concerning AIDS will be available through the Personnel Director. Employees who would like to be provided with this information should contact personnel. Police/emergency personnel will be furnished with more specific AIDS education relating to their occupation. 5. No employee shall be required to submit to any test to determine whether he/she has an AIDS related condition as a requirement to begin or maintain employment with the City of Eagan. 6. The City of Eagan will treat all medical information obtained from employees with AIDS or any of its related conditions confidentially. 7. The City of Eagan provides an employee assistance program for the confidential use of its employees. 8. The City of Eagan reserves the right to change this policy or make appropriate revisions, additions, amendments or corrections. The City will notify all employees of any substantive changes. Date Approved: • l Agenda Information Memo November 9, 1989 City Council Meeting Item 4. "Drug/Alcohol Free Workplace Policy -- Attached on pages z�7-3 through 22 is a copy of the proposed "Drug/Alcohol Free Workplace Policy" for the City of Eagan. This policy has been reviewed and recommended for approval by the Personnel Committee of the City Council and the management team. Information regarding this proposed policy was sent to representatives from the various collective bargaining units at the City and a meeting was held for those representatives. There have been no objections to this policy. For the Council's information, late in 1988, Congress passed the Anti-Drug Abuse Act. A section of the act is titled the Drug-Free Workplace Act and this section affects the City of Eagan. Under the provisions of the act, if the City of Eagan enters into a new contract or grant through which it will receive money from the federal government or renegotiates or modifies a present contract or grant with the federal government, the City must be in compliance with the requirements of the Drug-Free Workplace Act, which include developing a Drug Free Workplace Policy. Because alcohol is the most commonly abused substance in the workplace today, provisions covering the use/abuse of alcohol were added to the act's provisions regarding illegal drug use in the workplace for the City of Eagan's policy. iFor the Council's information, there is already a provision in the City's Personnel Policy under Section 19.4.4 and 19.4.7 (Discipline) wherein "Reporting to work under the influence of illegal drugs or alcohol" and "Possession or sale of illegal or controlled substances" are listed as severe infractions which may lead directly to suspension. As well as meeting the provisions of the new law, the attached policy restates those personnel policy provisions and obligates the City to provide education and an employee assistance program regarding drug and alcohol abuse to all employees (already being done). ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 'Drug/Mcohol Free Workplace Policy" for the City of Eagan, effective immediately. DRAFT CITY OF EAGAN DRUG/ALCOHOL FREE WORKPLACE POLICY I. INTRODUCTION The City of Eagan recognizes that alcoholism and other drug dependencies are significant social problems with potential for causing severe effects to the City's workforce. The City recognizes that such drug dependency may be an illness. Consistent with this understanding, however, the City has an obligation to insure that its employees perform their jobs efficiently, safely and in a professional business like manner. The purpose of this document is to set forth the City's policy regarding alcohol and other drug use in the workplace. II. SCOPE OF COVERAGE This policy is applicable to all employees of the City of Eagan. Questions regarding this policy should be addressed to the Assistant to the City Administrator/Personnel Director. III. DEFINITIONS A. "Work Related and Other Drug Abuse" is defined as the use of mood altering drugs, including all forms of alcohol, narcotics, depressants, stimulants, hallucinogens, marijuana or the use of prescription drugs when resulting behavior or appearance adversely affects work performance. B. "Adversely Affects Work Performance" and "Under the Influence" shall be determined to be present if the employee is perceptibly impaired; has impaired alertness, coordination, reactions, responses or effort; if the employee's condition threatens the safety of him/herself or others; or if the employee's condition or behavior presents the appearance of unprofessional or irresponsible conduct detrimental to the public's perception of the City as an employer as determined by the supervisor, division head, department head or others observing the employee. C. "Controlled Substances" means those substances whose distribution is controlled by regulation or statute including, but not limited to narcotics, depressants, stimulants, hallucinogens and cannabis. Controlled substances are further defined as those substances as listed in schedules I - V of Section 202 of the Controlled Substances Act. 1 • �2 D. "Mood Altering" or "Alter" means changed behavior which may limit an employee's ability to safely and efficiently perform his/her job duties or poses a threat to the safety of the employee or others. E. "Employee" means a person who performs services for compensation, in whatever form, for the City. For purposes of this policy "employee" shall also mean a volunteer who provides services to the City for no or nominal compensation. IV. CITY OF EAGAN EMPLOYEE ASSISTANCE PROGRAM The City of Eagan has in place a formal employee assistance program to assist employees in addressing problems such as alcohol or other drug abuse. Employees who may have an alcohol or other drug abuse problem are encouraged to seek a professional assessment from the employee assistance program before the problem affects their employment status. Participation in this program is voluntary and confidential. V. NON-DISCRIMINATION The City's policy on work related substance abuse is non- discriminatory in intent and application. However, in accordance with Minnesota Statutes, Chapter 363, disability does not include any condition resulting from alcohol or other drug abuse which prevents a person from performing essential functions of a job or creates a direct threat to property or the safety of individuals. VI. CONSEQUENCE OF VIOLATIONS Violations of this policy will constitute just cause for discipline including possible discharge, depending upon the seriousness of the violation. Each situation will be evaluated on a case by case basis depending upon the severity or circumstances involved. VII. PROHIBITIONS/REQUIREMENTS A. No employee shall report to work under the influence of alcohol, controlled substances or other drugs which affect his/her alertness, reaction, response, judgement, decision making or safety. B. No employee shall operate, use or drive any equipment, machinery or vehicle of the City or any personal vehicle while on City business while under the influence of alcohol, controlled substances, or other mood altering drugs. Such employee is under an affirmative duty to immediately notify his/her supervisor that he/she is not in appropriate mental or physical condition to operate, use or drive City equipment or his/her personal vehicle while on City business. 2 a C. 1. During work hours, while on the City's premises or wherever the City's work is being performed, no employee shall use, sell possess, manufacture or transfer any illegal drug, or any prescription drug (except as medically prescribed and directed) . Additionally, employees shall not participate in these activities during rest breaks or during overtime work. 2. During work hours or while on the City's premises, no employee shall use, sell, possess or transfer alcoholic beverages, with the following exception: possession of alcohol while in an employee's personal vehicle on the City's premises in compliance with applicable statutory requirements. Additionally, employees shall not participate in these activities during rest breaks or during overtime work. D. Engaging in off-duty sale, transfer, use or possession of illegal drugs or controlled substances may have a negative effect on an employee's ability to perform his/her work for the City. In such circumstances, the employee is subject to discipline, up to and including discharge. E. When an employee is taking medically authorized drugs or other substances which may alter job performance, as defined in III (D) above, the' employee is under an affirmative duty to notify the appropriate supervisor of his/her temporary inability to perform the job duties of his/her position. F. Supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his/her possession at work or on City premises. G. An employee who has been convicted (including a plea of nolo contendere) of violating any state or federal criminal drug law by an action committed in the workplace must notify the employer within five days of said conviction. Failure to notify the employer of said conviction will result in immediate discharge. 1. The City of Eagan will notify any federal funding agency within ten days after receiving notice of an employee's conviction with respect to a drug law violation occurring in the workplace if that employee is directly involved in working on a project covered by a federal grant or on a contract covered by federal funding. 3 C;) J 2. Within 30 days of receiving notice of such a conviction involving a drug law violation occurring 0 within the workplace the City of Eagan will either: a. Discipline the convicted employee, or b. Require him/her to complete a government- approved drug rehabilitation program. C. If such employee either refuses to complete or fails to complete such a government-approved drug rehabilitation program, that employee will be immediately dismissed. VIII. SUPPLEMENTAL POLICIES The City may promulgate supplemental policies, which are not in conflict with this policy, including prohibiting the use or consumption of alcohol and/or controlled substances within a specified time period before the commencement of work. Such pre- work abstinence must be restricted to employees involved in sensitive security, treatment, or equipment operation and written notice must disseminated to affected employees. Further, such policies may be adopted only after meeting and conferring with exclusive bargaining unit representatives. IB. DATA DISCLOSURE Disclosure of information regarding employee alcohol and other drug use in the workplace must be consistent with applicable bargaining agreements and law. Questions in this area should be directed to the Assistant to the City Administrator/Personnel Director. X. DRUG/ALCOHOL FREE AWARENESS PROGRAM The City shall establish an informational drug/alcohol free awareness program for all employees. This program will communicate to employees: 1. The City of Eagan's policy of maintaining a drug/alcohol free workplace; 2. The dangers of workplace drug/alcohol abuse; 3. The penalties the employer will impose for drug/alcohol violations; and 4. Information about the employee assistance program. %I. EMPLOYEE NOTIFICATION OF CITY OF EAGANIS DRUG/ALCOHOL FREE WORKPLACE POLICY A. The City of Eagan will provide a copy of this policy to every employee currently employed by the City of Eagan. B. Every new employee of the City of Eagan will receive a 4 a,� copy of this policy with their formal orientation materials. C. A copy of this policy will be posted on employee bulletin boards at the Eagan Municipal Center, at the Eagan Maintenance Facility and at the Eagan Police Department. %II. EFFECTIVE DATE This policy on alcohol and other drug use in the workplace shall be in full force and effect beginning • 5 Agenda Information Memo November 9, 1989, City Council Meeting DECLARE SURPLUS PROPERTY/16 CHANNEL MICOM MULTIPLEXOR B. Declare Surplus Property, Two, 16-Channel Micom Multiplexors--At the recommendation of the MIS Coordinator, the City Administrator is requesting that two (2), 16-Channel Micom Multiplexors be declared surplus property and the same be sold to the City of Lakeville. In return, the City of Eagan would receive, from the City of Lakeville, two (2), 8-Channel Micom Multiplexors plus $2,000. The present 16-Channel Micom Multiplexor is located in the Public Works/Parks facility and the City is only using four of the sixteen channels. It is the opinion of our MIS Coordinator that I-akeville's 8-Channel Multiplexor will serve the City's demands even with the expansion to 6 channels for the Public Works/Parks facility. In addition, the City will receive $2,000 in revenue. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize as surplus property two (2) 16-Channel Micom Multiplexors to be sold to the City of Lakeville in return for two (2) 8-Channel Micom Multiplexors plus $2,000 in payment to the City of Eagan. i FINAL PLAT/TOWN CENTRE 100 FIFTH ADDITION C. Final Plat, Town Centre 100 Fifth Addition--At the October 17, 1989, City Council meeting, the final plat for the Town Centre 100 Fifth Addition was continued to the November 9 meeting. Enclosed on page through is a copy of a letter from Mr. David C. Sellergren of Larkin, Hoffman, Daly & Lindgren requesting that the final plat be delayed to the first meeting of December. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the final plat for Town Centre 100 Fifth Addition/Waterford Apartment project to the December 5, 1989 City Council meeting. • n � NOV 02 '89 16:01 LARKIN HOFFMAN BLMTN. JAMES P,LARwIM RgI�+� HOP'gDSAA', DALY & Z.Im)G' ROBERT L.HO►rMAN - JACX r,DA'6Y R KENNETH LINDOR&N ATTpRN EY8 AT LAW WGNOGLL R.ANDt RMON ' O[MLD N►POtOG LI JOHN A.OOTTEM• ORRAIMAK MUPII909 ScATRIC,PTT L[P ROBERT J.NENN[SOtY PAWL!.PLUNP[TT JAMt,C,ERICKSON 1000 N011TNW[sT[RN FINANCIAL CENTER 1000 P1PiR JA►XRAY TOWER ALAN L.RILOOW AP EDWARD J•DM10C OLL TM TREET XATNLt IN M,POORTNI N[WM JAMee R MILcr 7000 X[RX[!AVBNUL SOUTH SOUTH NINTH MICHAEL S.Lt OA O OENL N.►U LLIA PRANCIf 6 flfiRBON DAVID a aeLLenpReN SLOOMINOTON,MINNfi50TA 00411 MINNC.AfPpLIS,MINNESOTA 5008 TRACT R,e1DHMeMN-NICMO" RICHARD J,XCt NAN AMY DART ORADY JONM D,►NLLMER T[L[PNONE 16191833-3600 T96CRAONE(4111 330.0410 ISwTM CRIN[SxRN[TT WILeON- ROBERT LODYL[ IAX(4111 336�474Q JN►RIY 4 ANOt R00N /MANX A.MARV[Y FAX 16121000-3333 DANIEL L.BOWLES CHAR Ltf f.MOD[LL M TODD ,VLATHOVION AN We CNMISTOPMtR D'ITARN TIMOTHY J.,K RMTA JOHN R,OtATTI[ 646AGIRSA. Y i.XORB7Ae LINDA H,nGMGR NORTH lulu ROAN OFFICE NFA A.GRAY THOMAS P.OTOLTMANOAMY A, N[ LWIP WCA I OTIVEN 0.LEVIN 0090 SPRING!ROOX ORIVLi SUITS 150 TMONAB N. PORRt[T O.NOW dN SHANNON X.MfCAMf RIbOR MICHAEL C.JACKMAN COON RAPIDS,MfNNLSOTA 55 33 %IGNARL NORTON JOHN t.01 KM O[N10i ML NORTON JON S.fwlt Rt EwSKI TELEPHONC f011(754.7117 OAR•A.VAN RAVE TIRDMAS J.P-YNN JOSEPIci.AH L S.OM,.MAN JAMEO R,OU NN FAX 141=}754.4711 JOBEPM I DICKER TODD L IRERMAN OAC69N 6- NAOX ITf BTtPM[N S.00LOMON RODNEY D,IVEO •STIR K.DICK Jt ROME M.XAHNXt JULIE A.WMASt OMERRILL OMAN XUP[TICM 6"ARe OL. IR J.NARMgTMAL O[RALD L.$ECX fMARON C SP[A 61 JOHN■.6VN0OU10T Reply to Bloomington TIMOTHY CANADA LIT[AU DAYL[NOI.AN• TIMOTHY J.9 THOMAS B,MUMPMM&"JR. JON R. C.GRIFFITH RO RO WILLIAM C• THEODORE A.MONDALt JOHN J.GTC►FENMAOtN SAN ItL W,VOSS of COUNitL November n e JOSEPH OITIG November 2', 1989 RICHARD NOPaDf 7 '1LB0 ADMITTED IN WISCONSIN Marlene Zaleznick Bent via Fax Planning Department City of Lagan 3830 Pilot Knob Road Eagan, Minnesota 55121 RE: Waterford Apartments Town Centre Fifth Addition Dear Marlene: I have spoken with the developer of Waterford. At their direction in September, z made revisions to the Development Agreement as required by the Council action in June, 1989 . It was transmitted to Mr. Sheldon, the City Attorney, on September 28. Since that time the developer has been finalizing engineering and financing details . Some work in that regard remains uncompleted, and will not be complete by November 9 . For this reason, I request a delay until the first meeting of laateaattethe firstWill City Council meeting inCouncil ember, 1989' the final p The developer's engineer illbecontacting the City's engineering engineering staff for any final issues- Please forward to me a Copy of the final formf the ebe sDevelopment Agreement so the necessary letters of c e NOV 02 '89 16:02 LARKIN HOFFMAN BLMTN. P.3 LARKINN, HOFFMAN, DA.LY & LiwnonEx, LTD. garlene Zaleznick vember 2, 1989 $flce 2 Thank you for your attention to this matter. Sincerely yours, David C. Sel ergren, f LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. DCSsEN9SG cci James Stirton Jack Brandt J. Hill and Associates 3 � Agenda Information Memo November 9, 1989, City Council Meeting FINAL PLATIEAGAN EVANGELICAL CHURCH D. Final Plat/Eagan Evangelical Church--All documents relative to the final plat, including the development agreement have been processed by both the applicant and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented at the November 9, 1989, City Council meeting. If there are reasons that the final plat should be removed from the agenda, a recommendation wi11 be made at the time the agenda is adopted for that meeting. Enclosed on page 3-;;?,is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Eagan Evangelical Church. t NIP. f Ii 3 I ii I'm m ui > 0 U �:I t 5 1 ►t Z : � I I � y 0 1 W 0- U LLJ (D NO LLJ (D i Z O LLJ if L) Lj _j Agenda Information Memo November 9, 1989, City Council Meeting • FINAL PLATISTRATFORD OAKS E. Final Plat/Stratford Oaks--All documents relative to the final plat including the development agreement have been processed by both the applicants and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented at the November 9, 1989, City Council meeting. If there are reasons that the final plat should be removed from the agenda, a recommendation will be made at the time the agenda is adopted for that meeting. Enclosed on page 3,-( is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Stratford Oaks. i N H W W S C � N [t■ CCC _ W C � � `� at� e' , • I ','fit � `! S1 �' t.. ' tl{ 7V i ystof Jvrvitfic •.0•[ wa ti" ` ta so As I lot sell LL 'r I� c. •�r \r — —�j Y Vit' �� j��, �!I '! � � --:P }�f i �,�,� f¢� \ � • :�/ ; is � �� '�,�`iit'.>;,k ei _ _� , I ;I•J [ �` I /y fit.,/J .l I' 1 t�� f�...J t�i• r` ` � �� I 12 =•I ( i/ rte I I : � I I"' •i � ' ii � �� "jv Y� : I •L[i[[.N M Agenda Information Memo November 9, 1989, City Council Meeting FINAL PLAT/WHISPERING WOODS FIFTH ADDITION F. Final Plat/Whispering Woods Fifth Addition--All documents relative to the final plat, including the development agreement have been processed by both the applicants and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented at the November 9, 1989) City Council meeting. If there are reasons that the final plat should be removed from the agenda, a recommendation will be made at the time the agenda is adopted for that meeting. Enclosed on page is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Stratford Oaks. Special Note: Due to the fact that the rezoning for Whispering Woods 5th Addition is an item of New Business, the final plat for Whispering Woods 5th Addition will be removed from the Consent Agenda and considered after action is taken on the rezoning, , referenced as item G. of New Business. Z J�ti l� i�;sz� � i: °`.i �:,i s � i � 'i�•j ,� x �� ? i s 'f �' } � lt: llz t� - '' •:_: :•e!i �� +� � :iw�sf •: i• �t 3 x :� 3i i ; i � is 1 �= �� • ',;: �;tl Opti 7r •ai�C� �� I� f � 1 (•� Ua! syr .r'=�"=� � � ° !1 ��.� j•! �_ !p !Ij y %j2 2 : LL Z s Z z fit d'` °O=p � Q Ila u s f r� I gz tli; �zr►r ��qi 3f=;2 ; I =rZW oil�s� oi� o ��■iz u 9IL11 i �oFso i Q . 3 I �� #1 �pN ■ �x n V 7 41 C t D \ ■ O Z _�� •.••.•.ww rw..r•w � psi:� •� .._ •_1 y � (L \\t •p a. J _ �� - •J`� '�'` `' ' t #DRi 3 (- li - -,99 ONt7tfd•'t N41 rw+'iy' rr••-•• !\ 11 �` ��,• T+ *,,yYgg .yj-7, .w.+,tib , _..\ its `' f '••�•` ' � ;� ��J t'�i` ,7�� 'i� �' �l,!`� 3 ` �, w • 1 s smug tro♦vit 7frii. AL �.re•�.._�•t<��_s s•�:.laT. �__••ri_ ��• _nn� _+i. !i i•S — r�wv�.r•w r•� rw Agenda Information Memo November 9, 1989, City Council Meeting AMENDMENT TO DEVELOPMENT CONTRACT HILLS OF STONEBRIDGE H G. Amendment to Development Contract for Hills of Stonebridge II--The final plat for the Hills of Stonebridge II was approved by the City Council on October 17, 1989. Inadvertently, the Exhibit B attached to the development contract was included in error. Therefore, approval of this application should be amended to delete the original Exhibit B in the development contract and repla t with the corrected version. A copy of the revised Exhibit B is enclosed on page. The plat has not yet been recorded at Dakota County. The developer, United Mortgage, is aware of the change and is in agreement with the amendment. ACTION TO BE CONSIDERED ON THIS ITEM: To amend the development contract for the Hills of Stonebridge II to include a revised Exhibit B. 3`7 Exhibit B is hereby deleted in its entirety and the following is inserted in its place: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C3, C5, D1, El, F1, and G1. 2. There will be no driveway access onto Dodd Road or Northview Park Road. 3 . The development will be required to submit a retaining wall design for staff review and approval prior to final plat approval. 4 . The development will be required to provide and designate emergency overland drainage routes from proposed street low points and ponding areas. 5. The development will be required to provide a storm sewer outlet to the southerly boundary of the plat in a location which can be utilized as the outlet to Pond JP-27. (This is not applicable with this phase. ) 6. The development will be required to provide 2 . 8 acre feet of wet pond volume in Pond JP-53 and an adequate wet pond volume in Pond JP-22 as determined by Dakota County Soil and Water Conservation. 7. A new street entrance to Northview Park Road shall be constructed approximately 145 ' east of the existing entrance as part of the Northview Park Road improvements, provided good engineering practices and safety standards can be adhered to. 8. The lot lines in Block A are to be extended in order to utilize the proposed park property. 9. Lots 6 and 11, Block 6, shall be restricted from the access to the cul-de-sac. (This is not applicable with this phase. ) 3 Agenda Information Memo November 9, 1989 City Council Meeting RESOLUTION/CELEBRATE MINNESOTA GRANT PROGRAM 10 H. Resolution, Authorizing City to Enter Agreement with State of Minnesota for Celebrate Minnesota 1990 Program Grant--The City of Eagan has received notification from the Department of Trade and Economic Development that a grant will be awarded in the amount of $7,500 to conduct the project entitled "75th Birthday of Old Town Hall". According to the conditions of the grant agreement, the project must be accomplished between October 11, 1989 and June 30, 1990. City Councilmember Wachter, Chairman of the History Committee, has scheduled a meeting for Thursday, November 16, with members of the Eagan Rotary Club and History Committee to discuss a work plan for the restoration of the Old Town Hall building. As soon as the work plan is agreed upon by the Committee, a request for authorization will be presented to the City Council, more than likely in January or early February, with the actual construction occurring during March through June. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution authorizing execution of a grant agreement between the City of Eagan and the State of Minnesota for the project entitled "75th Birthday of Old Town Hall", a restoration project to be completed prior to June 30, 1990. COOPERATIVE AGREEMENT/CDBG PROGRAM , I. Authorization Cooperative Agreement to Participate in the CDBG Program--Dakota Pe` g County was recently notified by the Department of Housing and Urban Development that each recipient of CDBG monies is required to add an item to the existing Cooperation Agreement. That requirement is a statement specifying that pursuant to 24CFR570.501(v), the unit of local government is subject to the same requirements as the sub-recipient, including the requirement for written agreement. This agreement is only required when a municipality actually receives funds from the County's entitlement allocation, rather than being administered through the Dakota County HRA office. Essentially, this amendment is not substantive, but the County is required by HUD to make this amendment change as a condition of receiving future grant funds. The agreement is quite lengthy, and the only change in the agreement is the language as previously stated. This agreement has been in effect since late 1983/early 1984. ACTION TO BE CONSIDERED ON THIS MM: To authorize execution of the Cooperative Agreement to participate in the CDBG program as presented. Agenda Information Memo November 9, 1989, City Council Meeting RECEIVE FEASIBILITY REPT/PUBLIC HEARING/PK CENTER ADDN J. Project 583, Receive Feasibility Report/Order Public Hearing (Park Center Addition - Streets & Utilities)--In response to a petition submitted by the developers of the Park Center Addition, the feasibility report for the installation of streets and utilities under this project has been completed and is being presented to the City Council for consideration of scheduling a public hearing to formally present and discuss these proposed improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 583, (Park Center Addition - Streets & Utilities) and schedule a public hearing to be held on December 5, 1989. RECEIVE FEASIBILITY REPT/PUBLIC HEARING SIBLEY TERMINAL INDUSTRIAL PK K. Project 578, Receive Feasibility Report/Order Public Hearing (Sibley Terminal Industrial Park - Storm Sewer)--In response to significant erosion occurring in this industrial park, the Council authorized the preparation of a feasibility report to address this issue. This report has now been completed and is being presented to the Council for �. consideration of scheduling a public hearing to formally present and discuss this proposed improvement project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 578 (Sibley Terminal Industrial Park - Storm Sewer) and schedule a public hearing to be held on December 5, 1989. RECEIVE FEASIBILITY REPT/PUBLIC HEARING EAGANDALE CTR INDUSTRIAL PK L. Project 574, Receive Feasibility Report/Order Public Hearing (Eagandale Center Industrial Park - Streetlights)--In response to a petition received from the developer and property owners of the Eagandale Center Industrial Park, the Council authorized the preparation of a feasibility report for the installation of streetlights within this industrial park. This report has now been completed and is being presented to the Council for consideration of scheduling a public hearing to formally present and discuss this proposed improvement project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 574 (Eagandale Center Industrial Park - Streetlights) and schedule a public hearing to be held on December 5, 1989. Agenda Information Memo November 9, 1989, City Council Meeting RESOLUTIONIMNDOT SPEED LIMIT DETERMINATION LONE OAK DRIVE M. Approve Resolution Requesting MnDot Speed Limit Determination (Lone Oak Drive)- -With the recent completion of Lone Oak Drive from Lone Oak Parkway to Lone Oak Road (County Road 26) associated with the development of the Cray Addition, it is appropriate to have an official MnDot speed study performed to establish the proper enforceable speed limit. Enclosed on page 4L-I-s a resolution that must be passed by Council action to initiate this MnDot speed limit study. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution requesting MnDot to perform a speed study on Lone Oak Drive from Lone Oak Parkway to Lone Oak Road (County Road 26). RESOLUTION CITY OF EAGAN SPEED LIMIT DESIGNATION MnDOT SPEED STUDY REQUEST WHEREAS, the City of Eagan has recently constructed Lone Oak Drive, (Lone Oak Parkway to Lone Oak Road) as a public street within the community; and, WHEREAS, the City would like to establish enforceable speed limits along this local street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, hereby request the MnDOT Metro- District to perform all required speed studies necessary to designate the proper speed limit for the street described as follows: Lone Oak Drive from Lone Oak Parkway to Lone Oak Road (Co. Rd. 26) located in the SW ; of Section 1, Township 27, Range 23 in Dakota County. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest• Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1989. E. J. Vanoverbeke, City Clerk Agenda Information Memo November 9, 1989, City Council Meeting 10 FINAL ACCEPTANCE(PARK KNOLL N. Project 86-EE, Final Acceptance (Park Knoll - Streets & Utilities)--The public improvements installed within the Park Knoll Addition privately by the developer have been completed, inspected by City personnel and found to be in order for consideration of final acceptance for City maintenance subject to all appropriate warranties. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements installed under Project 86-EE (Park Knoll - Streets & Utilities) for City maintenance. FINAL ACCEPTANCEBUFFER HILLS ADDN O. Project 88-D, Final Acceptance (Buffer Hills Addition - Streets & Utilities)--The public improvements installed within the Buffer Hills Addition privately by the developer have been completed, inspected by City personnel and found to be in order for consideration of final acceptance for City maintenance subject to all appropriate warranties. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements installed under Project 88-D (Buffer Hills Addition - Streets & Utilities) for City maintenance. 3 Agenda Information Memo November 9, 1989 City Council Meeting FINAL ACCEPTANCEIPOND VIEW ADDN P. Project 88-A, Final Acceptance (Pond View Addition - Streets & Utilities)--The public improvements installed within the Pond View Addition privately by the developer have been completed, inspected by City personnel and found to be in order for consideration of final acceptance for City maintenance subject to all appropriate warranties. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements installed under Project 88-A (Pond View Addition - Streets & Utilities) for City maintenance. FINAL ACCEPTANCE(RASMUSSEN COLLEGE Q. Project 89-P, Final Acceptance (Rasmussen College - Utilities)--The public improvements installed within the Rasmussen College Addition privately by the developer have been completed, inspected by City personnel and found to be in order for consideration of final acceptance for City maintenance subject to all appropriate warranties. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements installed under Project 89-P (Rasmussen College - Utilities) for City maintenance. FINAL ACCEPTANCE/POTTS ADDITION R. Project 88-M, Final Acceptance (Potts Addition - Sanitary Sewer)--The public improvements installed within the Potts Addition privately by the developer have been completed, inspected by City personnel and found to be in order for consideration of final acceptance for City maintenance subject to all appropriate warranties. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements installed under Project 88-M (Potts Addition - Sanitary Sewer) for City maintenance. APPROVE CHANGE ORDER #1 (COACHMAN WTR TREATMENT PLANT) S. Contract 89-14, Approve Change Order #1 (Coachman Water Treatment Plant - Dehumidilication)--During the installation of the dehumidification equipment for the Coachman Road Water Treatment Plant, it was determined that an adjustable valve control had to be installed to prevent excessive water hammer on the water supply line. All costs associated with this Change Order will be the responsibility of the Capital Water Utility Fund. This Change Order results in an additional cost of $195. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 89-14 (Coachman Water Treatment Plant - Dehumidification) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo November 9, 1989, City Council Meeting APPROVE CHANGE ORDER #3 (LEXINGTON AVE RESERVOIR) T. Contract 88-24, Approve Change Order #3 (Lexington Avenue Reservoir)--With the completion of the Lexington Avenue 4.0 million gallon water reservoir on Lexington Avenue and Diffley Road, it has been determined that the programming control panel within the Lexington Avenue booster station will have to be revised to incorporate a sequenced step control and a time of day control for the booster pumps to be integrated with the variable water elevation in the reservoir. (Add $2,472). This cost will be financed through the Capital Utility Enterprise Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to Contract 88-24 (Lexington Avenue Reservoir) and authorize the Mayor and City Clerk to execute all related documents. i Agenda Information Memo November 9, 1989 City Council Meeting VACATE PORTION OF LEXINGTON WAY RIGHT-OF-WAY U. Vacate Portion of Lexington Way Right-of-Way,Receive Request/Order Public Hearing- - In conjunction with the upgrading of Lexington Avenue (County Road 43) and Lexington Way into a cul-de-sac street, certain excess public right-of-way should be vacated to conform to the new street alignment. Earlier, the Council received a petition and scheduled a public hearing to be heard later on the agenda to vacate a description that inadvertently addressed primarily the east half of resultant excess right-of-way. This request is to schedule a public hearing to consider vacating the western portion of excess right-of-way. ACTION TO BE CONSIDERED ON THIS ITEM: To receive a request to vacate a portion of Lexington Way right-of-way and schedule a public hearing to be held on December 5, 1989. VACATE PORTION OF TRUNK HIGHWAY 13 V. Vacate Portion of Trunk Highway 13, Receive Request/Order Public Hearing--We have received a request from the adjacent property owner, Mr. Neal Heine, requesting the City to vacate the excess public right-of-way that resulted from MnDot turning back old Trunk Highway 13 as a result of the new Trunk Highway 13 construction associated with the Cedar Avenue interchange. It would be appropriate to receive this request and schedule a public hearing to formally discuss any issues associated with this vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To receive a request to vacate a portion of old Trunk Highway 13 and schedule a public hearing to be held on December 5, 1989. Agenda Information Memo November 9, 1989 City Council Meeting AUTHORIZE TERMINATION/ROADWAY EASEMENT/ECIP #7 W. Authorize Termination of Declaration of Roadway Easement (Eagandale Center Industrial Park 7th Addition)--In the Spring of 1985, the Opus Corporation and Alscor Investors Joint Venture created a 'Declaration of Roadway Easement" associated with the platting of the Eagandale Center Industrial Park 7th Addition to insure that alternate access would be provided to Lot 3, Block 1, until such time as future subdivisions would create a public street providing adequate public access. This subsequent action has been created through the recording of Registered Land Survey #47 (Eagandale Court). A clause in that Declaration of Roadway Easement stipulated that the City must formally approve its termination to insure adequate alternate public access. The City has received a request to formally terminate this declaration to allow it to be removed from the recordable documents pertaining to the affected properties. This has been reviewed by the Public Works Director and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the termination of a Declaration of Roadway Easement for the Eagandale Center Industrial Park 7th Addition and authorize the Mayor and City Clerk to execute all related documents. VACATE CEDARVALE BLVD/RECEIVE PETITION/ORDER HEARING X. Vacate Portion of Cedarvale Boulevard, Receive Petition/Order Public Hearing (Cedarvale Shopping Center)--This item has come before the City Council several times within the past 18 months with the major obstacle being the acquisition of the appropriate maintenance agreements for the affected MTC Park and Ride facility. The City has recently received a fully executed copy of the agreement prepared by the City and is now prepared to proceed with another public hearing process to formally discuss the merits of this petition. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the Petition to vacate a portion of Cedarvale Boulevard (Cedarvale Shopping Center) and schedule a public hearing to be held on December 5, 1989. ` l Agenda Information Memo SNovember 9, 1989 City Council Meeting RECEIVE QUOTES/AWARD PROTECT PAVEMENT MANAGEMENT SYSTEM Y. Receive Quotes/Award Project, Pavement Management System--In order to effectively plan, budget and allocate Municipal resources for the most effective and efficient management of our existing streets, it is recommended that a Pavement Management System (PMS)computer application software program be purchased and implemented as a part of the City's maintenance program. Subsequently, a request for proposal was prepared and proposals were received by 2:00 p.m. on Wednesday, November 1st. Enclosed on pages * through * is a memo prepared by the Superintendent of Streets/Equipment presenting the costs received along with analysis of the proposals and a recommendation for Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the quotes and authorize the purchase of the Pavement Management System from the apparent low bidder. *NOTE: The above information will be included with the Additional Information Packet which will be distributed next Wednesday. Agenda Information Memo November 9, 1989 Meeting PUBLIC WORKS DEPT PROPERTY ACQUISITION FOR WATER UTILITY PURPOSES Z. Public Works Department Property Acquisition for Water Utility Purposes (Northeast Corner of Pilot Knob and Cliff Roads)--With the recent upgrading of Cliff and Pilot Knob Roads by Dakota County, the house and property located in the northeast corner of Cliff and Pilot Knob Roads as shown by the map enclosed on page 6-Z)was acquired as a part of the right-of-way acquisition for the upgrading of these two County roads. As can be seen, this property is completely surrounded by the Well Site facility previously acquired by the Utility Enterprise Fund to accommodate the development of a well field and possible future water treatment facilities. Although the property was acquired for additional right-of-way, the existing house did not have to be relocated to accommodate the roadway improvements. In the Spring of 1988, the County entered into a long term lease agreement with the Parks & Recreation Department to make the house available for the Eagan Athletic Association (EAA) for a storage and staging area for their equipment and activities. However, this lease is cancelable upon 90 days notice from the County. Recent discussions and negotiations by the Public Works Director with Dakota County has resulted in an offer to sell the property and structure to the City of Eagan for $6,862. This offer was reviewed by the Director of Public Works, Director of Parks & Recreation, Director of Finance and City Administrator and found to be reasonable and in the long term best interest of the City. Therefore, it is the staff's recommendation that the City Council authorize the acquisition of this property from Dakota County to be financed through the Utility Enterprise Fund. Continued use of this facility by the EAA would continue until such time as it is determined the property would be needed for some public utility function. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the acquisition of Parcel 010-57 in the SW '/a of Section 27 from Dakota County for approximately $7,000 and authorize the Mayor and City Clerk to execute all related documents. v+ . Q I •' b x152 r o 1 R r 4116 n +yVl� N •• Ilk '\\sem\ -9w•, °� 7 e; LL- r•S` � F�•4''v^[� 8 _�I ,`{ w.!►4 8. �,�vR 10 tv N 490,91 y all_ '10 W -- 6"� '" I v o;P°r�,LNN. a g o 8 Q 4863 and iuou =g p W O o� efley O M,C.z1.0'N O cn Ni 1 �+.W a a 9zD►1 - /.@.+�•�,, �`pl s b W i O �'q i$ .i N tea_' b _ r,9c,a d1-N z / "`,�t� •ps5 ��' _ s_ a99s1 R o 0 //��/� YS'Kr __ _ _ y�.• n ►h O M.K tl.0 N ° ii. 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U. 11, ♦ - 1L..�p01 J ; rgzv 0. 0 Y� -r^ 1 d •0 4i� C7 14 M V d0cr 069=D zN : ,8 _^ ,n o0 2 of NISEAdox 26612 _i O4 i►Yd N •^ r0K9 JOSol iY .1,0 pp 091 / 9• 000°I Ji p.un r` Go°ZI d P pi' •(•r° ;R 3AIMa i I�ZI ,,.-dV 3•• .C►.41 N ,'R 3.6 ;d» i0 •Ne OT 161 00011j, 83 00901 0091`1I Co ►- ;p �► �o", "Q, o,^ K°at-v ci'e W :\o i0 �r 8 7 U' •h a4� � OC OC e e ._ � IO N� 41'� �r U Oz 1 61CI n OOo GG6 S$ is 609C1 .00,Ke9M 0" tiro Z y6 O W W P< a o\ o� b°2 s \ ,,, O _;► O _ "62.(6 2991 1 3.»E,Lb WS •' $-p L 11 S°°Z'N e a-°� °4'S 11 Zr Or 1 _" 00 092 Ni m ofSiz� � •RI ♦ g ,dd :C' � W - Lr1„ �99 GII pS So d'N �b,�ss� 0 61 ° 3 : pcl F- 81+1oti�s94 "jee K5 4Z ►11 8 `� 1 260`9 U I s99 2 XS•L1 OL `z�\�1 LL O .......... 9 2 �� "1 $e�Q}, 6 00 ......bv.•:.v.v.• .(�`.�`°:O(21,�✓09111 YoX - J tb r",1 j rj III�0 W .. 258- 611�I=:e So a e *.4,41,�h .: •FJ RI 4_ g � :�y;: r stiff 69 Iz -- -�` I •a � C � ;Y8 "6f366 O(r Ozl __ 'u(W. > •a': •,',• CS -a 101 I d ��+ '�'.� t SCE ON 000 1 e30 CMN 00 N3d I ••000•ZS69E, ON 03100 Yid•1 �•�4-, — 'ON AVM HJIH aIV 31V1S ��ip flop I--► Y OO°U 113101 60'1693 V 1 Agenda Information Memo November 9, 1989 City Council Meeting A. Vacation of Public Right-of-Way, Lexington Way at Lexington Avenue--On October 19th, a public hearing was held to discuss the proposed vacation of the eastern portion of Lexington Way near its intersection with Lexington Avenue (County Road 43). However, this item was continued until the November 9th meeting due to the fact that the final plat for the Eagan Evangelical Covenant Church was not ready for formal Council action on October 19. With this final plat being approved earlier on the agenda, it is now appropriate to consider the discussion for the vacation of this excess right-of-way which is shown on page _5::2. and conforms to the final plat as discussed. All notices have been published in the legal newspaper and sent to all affected property owners informing them of the public hearing on October 19th, which was continued until November 9th. As of this date, .the staff has not received any objections to the vacation of this excess public right-of-way and is recommending the Council give favorable consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of a portion of public right-of-way through Lexington Way as described and authorize the Mayor and City Clerk to execute all related documents. ,M -- wa.wlap. jGDCLN- 33 x. I Ihc. ? ' ao. v w °. *—_ --lw.w• lour" G--- LINE ao es1�., 1/c �� v y 0 I. 014 ,\�v: . / T61 6i tie r - ,r� / N 14 o I p I J 6 \ r L01 ti ° '�'s �'�J�• u 1 I i f ci �p of q•`a° 3 E J Proposed Description to vacate the most easterly 3.0 feet of ' Lexington Way and that part which formerly was the connection to Lexington Avenue and the portion north of the new right-of- way of the new cul de sac dedicated on the Final Plat of EAGAN EVANGELICAL COVENANT CHURCH ADDITION That part of Lexington Way contained within the following described tract of Land: That pati o[ thQ 41� of theofSLine �A"Section northerlywothLine7"B" Range 23, lying westerly described below: Line e south o0012152" eastt,eim bearingnpr of assumedaalong thetwestWline thence ° ' Dint or said Wy of tlld SWI/4, a distance of fl47.66 feet to tile p or beginning of Line eve concaVe tortheatlEthaving hellCo gauradiusROfy along a tangential cu an arc distance 1125.65 feet and a central angle of 47°S4'O��tangent to 1.a0t of 941.n7 feet; thence south 48'06'54" east► described curve, s distance of 80*o2theeSW,ti thavinghence at�Ur`adiuseofy along a tangential curve concave ° '44", an are distance tpi7.38 feet and a central angle of 40 � t, tan not to lash of 727.35 (patl *thence south 7°09' 10 e 9 described curve, agW1/dance f249.73 feet t►.n9_the south line of said A of the Line "B": Commencing a�grl�ebcarincorner nssumed,�ialongothethe westl 4: thence south 0012'52" a ing 099u ed 2027.24 feet to the line of said W4 of the SWI/4, north line of the south 590.40 feet of said W1 of the SWI/4 and to the point of beginning of Lino "B" to be describedl thence south 89°52125" east, along said north line,, a distance of 0.00 teat to the east line of the west 300.00 feet of said 30 30of thA swt/4; thence ::Doth 0'11'52" east, along said east line, a distance of 69.00 feet' thence south 89°52'25" Want, a dintance of 391 .63 feet to the above described linty "A" and there terminating. All. right of way will be rededicated on `� n plat of EAGAN EVANGELICAL COVENANT CHURCH ADDITION Agenda Information Memo November 9, 1989 City Council Meeting PROJ S861SOUT I OAKS ADD.-STREETLIGHTS B. Project. 586, South Oaks Addition - Streetlights--On October 5th, the feasibility report was presented to the City Council with a public hearing being scheduled for November 9th to dicsc!u/ss the insta ' n of streetlights within the South Oaks Addition. Enclosed on pages � through is a copy of the feasibility report for the Council's information and review during this public hearing. The Public Works Director will discuss the proposed improvements and address any questions or concerns that may arise. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, the staff has not received any objections to this proposed project. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 586 (South Oaks Addition-Streetlights) and, if approved, authorize this installation by Dakota Electric Association. • CITY OF EAGAN, MImESOTA PUBLIC WORKS DEPARTMENT FEASIBILITY REPORT FOR STREET LIGHTING - PROJECT NO. 586 SOUTH OAKS ADDITION OCTOBER, 1989 • I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Thomas A. Colbert, P.E. Registration Number 12049 J SCOPE: This project covers the installation` of street lights serving the residents in the South Oaks Addition north of Cliff Road in the SE ; of Section 25, Eagan. FEASIBILITY AND RECOMMENDATIONS: This project is feasible and is in accordance with City's policy on the installation of street lights in residential areas. It can best be accomplished as outlined herein and not as a part of any other project. DISCUSSIONS: Residents in the South Oaks Addition have petitioned for the installation of street lights. This addition contains 36 lots which would benefit from street lighting. This area was developed before the City of Eagan adopted a comprehensive street lighting policy. Since the enactment of this policy, all new additions have been required to install street lights. The above-mentioned policy also has a provision enabling older additions to petition for street lights. Under this provision, the cost of street light installation is assessed against the benefitted lots and the energy charge is paid quarterly by the residents along with their water and sewer bill . The energy needs for South Oaks Addition are serviced by Dakota Electric Association, and they offer the type of street lighting poles, lighting fixtures and the necessary maintenance service required by the City of Eagan's Street Lighting Policy. It is proposed to have nine 100 watt luminaire ornamental and two . 250 watt luminaire street lights. ORNAMENTAL STREET LIGHTS & COVENTIONAL INTERSECTION LIGHTING WITH 6' MAST ARMS: The nine street lights would be the standard ornamental design with 100 watt high pressure sodium luminaire mounted on 18 ' standard poles. The two conventional intersection street lights would be the standard design with 250 watt high pressure sodium "cobra" type fixtures mounted on 30 ' fiberglass poles with 6 ' aluminum mast arms. Both types of lighting, proposed to be installed by Dakota Electric Association. COST ESTIMATE:. The following cost estimate includes the cost of construction, administration, legal and other related project costs. 9-100 watt ornamental & 2-250 watt mast arm high pressure sodium @$695.46. $ 7,650. 00 5% Contingency Factor 382.50 15% Administration Cost 1 . 147.50 TOTAL 9.180.00 • S • Cost Revenue Installation Assessments $9,180.00 $9, 180.00 ASSESSMENTS: Assessments are proposed to be levied in accordance with current City policy. All costs of the project will be assessed. Estimated assessments are as follows: Estimated Assessment $ 255/Lot Energy Charge to be billed with $2,65/Lot per quarter water & sewer Assessments would be spread over three years at 9.0% interest. PROJECT SCHEDULE: The following is the proposed schedule to be followed for this project assuming favorable action by the Council. PROJECT SCHEDULE Present Feasibility Report October 3 , 1989 Public Hearing November 9, 1989 Approve Plans & Specs November 9, 1989 . Construction Completed June 1, 1990 Final Assessment Hearing August, 1990 First Payment Due with Taxes May, 1991 • SIC • ♦wna fi r10t7ruuw A)row vtll �� . i j - �F Q vloslwaw'Not9Nrwevj a g' : '1 i•#F !N NOIldI00SSd 01810313 VIO)lVO , r is N t 1 • i : -_ - Z co LO i is �• =—� `�� Y J 7 {L J W i 4 .t .•• LL yJ , ... ..... :�u •, F r • N h!! cc rj) dr- Co•� _ Y- u •. .•.•.•.•.•• . i r C/) 0 -• 1..:: ::::: p fn �J i A • I) D I I) I IBS WOOD OR FIBERGLASS POLE II I 11 II I� it TAMP WELL I GRADE LEVEL I� 24° MIN. II F • 2-#6 AWG TYPE U.S.E. CONDUCTOR7 15 R' ITEM NQ MATERIAL F4 I R_ LAMPA I 120 VOLT PE CELL POST � B 1 POST TOP LUMINAIRE I C 1 100 WATT NIGH PRESSURE SODIUM TYPICAL LOCATION D 1 161 POLE E i FUSE HOLDER, FUSE Scole: L"= 50' F I SAL TYPE USE. AS REQUIRED G CONNECTORS AS REUIRED H ANODE TEST STA.TUBE (SL-3ONLY) 1 WOOD U-GUARD (SL 40NLY) AS REQD. ..� standard cityof eagan approved: RESIDENTIAL POST TOP pla� ' PUBLIC WMINAIRE INSTALLATION 2-89 T00 WORKS DEPARTME S0 Agenda Information Memo • November 9, 1989 City Council Meeting 19. ID Ba�S STAFFORD PLACE ADDITION A. Stafford Place Addition--At the October 17 City Council meeting significant testimony was heard from residents of Stafford Place regarding drainage problems, lean notices placed on their property by subcontractors and defective workmanship or in some cases lack of follow through by the builder to provide corrections on their single family dwelling. As a result of the testimony and input by the City staff, the City Council took action imposing an order to cure the problems, place the development in default if certain problems are not resolved and, further, that an informational meeting be scheduled for Thursday, October 26, at which time the drainage issues would be addressed by both the developer and the City engineering staff. That informational meeting was held and was appro�amately 312 hours in length and a follow up meeting was scheduled and held on Thursday, November 2 to further discuss the utility drainage issue. For an update on the drainage issues, refer to a memo pr!e,pared by the Director of Public Works with various attachments enclosed on pages U through . The Director of Community Development has reviewed the drainage issues to determine whether there are any structural problems or any items of a health, safety and welfare ' concern to the City. Many of the items residents referenced in their letters are issues they must resolve with their builder. For additional information, re,fe��'to a memo prepared by the Director of Community Development enclosed on page 2. ACTION TO BE CONSIDERED ON THIS ITEM: To readdress the order to cure and to determine whether the project should remain in default and adopt a time schedule for resolving all the issues. MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS • DATE: NOVEMBER 31 1989 SUBJECT: STAFFORD PLACE ADDITION - GRADING/DRAINAGE/EROSION CONTROL CORRECTIVE MEASURES On October 17th, the City Council directed staff to issue a Notice of Corrective Action to the developer and builder of the Stafford Place Addition directing them to resolve the grading/drainage/erosion control issues and concerns as expressed by numerous residents within this new subdivision. Enclosed is a copy of the letter sent to the developer and builder in accordance with the Development Agreement. The Engineering Division met with Frontier Development Corporation and their Engineer, Hedlund Engineering, to prepare a revised grading/drainage/erosion control plan to address these concerns and to review them with affected property owners. On October 26th, a neighborhood meeting was held at Eagan City Hall from 6:30 to 7:30 p.m. A copy of the letter informing the residents of this neighborhood meeting is enclosed. At that meeting, the revised plans were presented and discussed with several additional comments and concerns being expressed. However, there was conceptual approval of the proposed revised grading plan subject to minor changes and additional concerns being satisfactorily addressed. • Subsequently, a second neighborhood meeting was held at 5: 00 p.m. on November 2nd to review in further detail the "fine tuned" revised plan which attempted to address all of the resident's concerns. A copy of that letter is also enclosed. As a result of the latest neighborhood meeting, the neighbors were very definite about not allowing any work to proceed until the following issues had been agreed to by either Frontier Development Corporation or the City of Eagan: 1. That all property lot corners be reestablished upon completion of the work at no cost to the homeowners. 2. That Frontier Development Corporation provide a cash escrow with an independent party or the City of Eagan to guarantee payment for work to be performed to insure that there would be no future liens levied against their property. 3 . That all previously destroyed and removed significant trees and vegetation be replaced. Frontier Development Corporation will be considering these final three issues, and if they are not agreed to, they will be presenting their position to the City Council on November 9th for the Council's final determination. 1-59 Page Two i The staff feels that the revised grading/drainage/erosion control plan is better than the original approved plan based on the development and building that has occurred to date. We feel that there would be significant difficulties and diminished benefits resulting from an attempt to comply with the original approved grading plan. Both the residents of this development and Frontier Development Corporation should be commended for dealing with the difficult issue in a manner that has arrived at a satisfactory resolution. If final concurrence can be achieved on these final items, it is hoped that the grading activities can commence yet this year with the majority of the major dirt work being performed with completion of the final restoration being done as soon as the weather permits in the Spring of 199o. Additional analysis of the internal storm sewer system will continue to be reviewed by City staff to determine if additional storm sewer facilities may be necessary to adequately handle excessive surface water runoff. This issue will be addressed at a later date as detailed information becomes available. The Public Works Director will be available to provide a summary status report at the meeting on November 9th in hopes of finally resolving the issues as they pertain to the grading and drainage within this development. Part of the overall effort will also include final grading all vacant lots with restoration of topsoil and seeding and appropriate erosion control measures to prevent further occurrences of problems that were experienced in the past. Thomas A. Colbert, P.E. Director of Public Works Enclosures TAC/jf JR ity of saga 3830 PILOT KNOB ROAD VIC N EAGAN,MINNESOTA 55122-1897 Mayor jO` PHONE:(612)454-8100 THOMAS EGAN FAX:(612)454-8363 DAVID K.GUSTAFSON PAMELA McCREA CERTIFIED MAIL THEODORE WACHTER Council Members THOMAS HEDGES City Administrotor EUGENE VAN OVERBEKE October 19, 1989 Cny Clerk MARK PARRANTO DELTA DEVELOPMENT INC 12940 HARRIET AVE S SUITE 250 BURNSVILLE MN 55337 SCOTT OAKS FRONTIER MIDWEST HOMES CORPORATION 1285 CORPORATE CENTER DRIVE SUITE 170 EAGAN MN 55121 Re: Notice For Corrective Action - Stafford Place ' Grading/Drainage/Erosion Control Plan Dear Mr. Parranto & Mr. Oaks: It has come to the attention of the City of Eagan that the current elevations, grades and drainage patterns in portions of the Stafford Place subdivision do not conform to the approved grading/drainage/erosion control plan prepared by Hedlund Planning, Engineering & Surveying, Inc. , dated May 13, 1987, (revised September 3, 1987) as stipulated in Paragraph C of Subdivision 5 of the Development Contract Agreement for the above-referenced subdivision. Due to the fact that the current situation does not conform to this previously approved plan and the fact that the City -has not approved any subsequent revisions or granted authorization to deviate from this plan, you are hereby being given formal notice to correct these deficiencies in accordance with Paragraph 9 of said Development Contract Agreement. THE LONE OAK TREE...THE SYMBO6� NGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page 2 The City realizes that some revisions to the original approved grading plan may provide a better ultimate grading and drainage plan for this subdivision. However, before such a plan can be approved, it must be prepared by a registered engineer and submitted to the City for formal review, comments and approval. The City has scheduled a neighborhood meeting for Thursday, October 26, 1989, at 6:30 p.m. , at City Hall to discuss the issues and concerns with current affected property owners within this subdivision. You are hereby requested to attend this meeting to help represent the actions that have occurred to date, arrive at an acceptable solution and to schedule corrective action as soon as possible. While the City and the residents feel the areas of nonconformance that currently exist are serious and require immediate attention, we feel that they are not of such a degree that they can't be satisfactorily resolved through your immediate and cooperative attention to this issue. It would be helpful if copies of proposed alternative revisions to the original approved grading plan could be delivered to the City by Monday, October 23 , so that we can help distribute copies of this information to the residents before the meeting helping to inform them of the issues to be discussed on October 26. 0 I would like to thank you in advance for your anticipated I cooperation in pursuing this issue to a satisfactory resolution. Sincerely, � A A. o ..v� homas A. Colbert, P.E. Director of Public Works TAC/jJ cc: Jim Sheldon, City Attorney Mike Foertsch, Assistant City Engineer Thomas L. Hedges, City Administrator � 3 R%) of czagan 3830 PILOT KNOB ROAD VAC ELLISON EAGAN,MINNESOTA 55122-1897 MWar PHONE:(612)454-8100 THOMAS EGAN FAX:(612)454-8363 DAMD K.GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City AdmiNstrator EUGENE VAN OVERBEKE October 19, 1989 City Clerk Re: Corrections and Revisions To Subdivision Grading/Drainage Plan Notice of Neighborhood Meeting For October 26, 1989 Dear Property Owner: Recently, several residents have expressed concerns regarding the grading activities occurring within the Stafford Place development by Frontier Midwest Homes Corporation. Recent investigations by City staff have revealed that the grades, elevations and drainage patterns that currently exist do not comply with the original approved grading/drainage/erosion control plan processed with the subdivision/platting process for this development. While some of these changes may have occurred at the request of individual property owners and/or the home builder, its present noncompliance has created existing and potential drainage problems for this development. Therefore, some corrective action will have to be performed in the near future to address and resolve these concerns. The area of concern is primarily confined to the area bordered by Braddock Trail, States Avenue, Ventnor Avenue and Pennsylvania Avenue (Block 4 of Stafford Place) . Therefore, the City Council has requested the staff to hold a neighborhood meeting to review with individual property owners current areas of nonconformance and possible alternatives to achieve an acceptable final grading and drainage plan. This neighborhood meeting has been scheduled for 6:30 p.m. , Thursday, October 26, 1989, at Eagan City Hall. It is important that you or a representative attend this meeting to provide the appropriate input necessary for staff to formulate the appropriate course of corrective action and final grading plan. THE LONE OAK TREE...THE SYMBOL OF S AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page 2 The City has requested the developer (Delta Development) and owner/builder (Frontier Midwest Homes Corporation) to provide alternative grading and drainage plans for discussion at this meeting. The City will make available copies of the original approved grading plan at the City Hall reception desk on Monday, October 23, for any of those who are interested in reviewing that plan as it pertains to their particular lot. It is hoped that the developer/owner will be able to provide alternative plans for distribution prior to the meeting to allow you an opportunity to evaluate potential changes to the current situation and/or original approved plan. While this notice is being sent to all property owners currently of record with the City of Eagan, in newly developing subdivisions such as Stafford Place, we may not have the most recent up-to-date information resulting from recent purchases and transactions. Therefore, it would be appreciated if you could share this information with your neighbor to help ensure that everyone is properly informed of this meeting. While the City certainly understands and appreciates } . _: regarding this issue, I want to ensure you that it is oL"-. be resolved in a satisfactory manner with everyone's cooperation and participation. The City staff looks forward to meeting with you on October 26. Sincerely, omas A. Colbert, P.E. Director of Public Works TAC/77 cc: Mayor and City Council c/o Thomas L. Hedges, City Administrator Mark Parranto, Delta Deveiopment Scott Oaks, Frontier Midwest Homes Corporation ity of aaga ELLISON 3830 PILOT KNOB ROAD vIC Mayor. EAGAN,MINNESOTA 55122-1897 PHONE:(612)454-8100 THOMAS A ST S FAX:(612)454-8363 DAVID K. PAMELA McCREA McCREA THEODORE WACHTER Council Members THOMAS HEDGES October 27 , 1989 City Administrator EUGENE VAN OVERBEKE City Clerk RE: STAFFORD PLACE ADDITION - GRADING & DRAINAGE NEIGHBORHOOD MEETING Dear Property Owner: I would like to express my appreciation to those of you who attended the neighborhood meeting on October 26 and provided your feelings and concerns as it pertains toathe proposed revisifford n to draina 1 radia and 9 P g been the developmentg ce development. While I realize that many of you haven experiencing significant frustration with the grading process within your development, your willingness to objectively review the proposed alternatives and collectively work towards an acceptable resolution is commendable. Please be assured that the�City Will continue to stay actively involved in this process to 1p ur that the final product is properly performed in a time- , ••n-sY. general At that meeting, while there was Hedlund Engineering nand the supported plans presented and discussed by by the City, there was definite concerns that this project not be that they initiated until the City can assure the property owners corrective will not incur any cost associated with this prop action. If City staff cannot receive assurances from Frontier Development Corporation of their willingness to provide a cash escrow in an adequate amount to cover the estimated cost of the improvements as calculated by City staff, the item will be presented to the City Council on November 9 to see if the City will be willing to provide those assurances on behalf of the developer/builder. Based on general concurrence of the proposed grading plan as presented, Hedlund Engineering will be refining these taking into account many of the comments and concerns expressed so that the impact on individual lots will be easier to evaluate. QQ THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page 2 Subsequently, the property owners requested a second meeting to be held on Thursday, November 2, to review these refinements as it affects their particular lot. In trying to find a location to hold this meeting, no City facilities were available and the Library, Woodlands Elementary and Northview Elementary schools were precommitted. Therefore, in order to continue in a progressive manner, the next neighborhood meeting will be at Eagan City Hall on Thursday, November 2, 1989, from 5:00 to 5:30 p.m. While this time may not be convenient for some, based on other conflicts, it appears to be the only feasible alternative. We hope to have copies of the "fine-tuned" grading plans available prior to that meeting. However, it would be advisable to call the Engineering Division first to make sure that the City has received these copies for distribution. At the very least, they will be available at the meeting to be reviewed and explained by the appropriate City staff. It is the City's intention to work with the developer and builder to ensure that all undeveloped lots are brought to their proper grade and established with erosion control measures at critical areas and restored with proper vegetation. We also intend to ensure that major drainage swales and identifiable highly erodible areas will be properly sodded with the remainder of the ar=_- - Y---.ng seeded with the appropriate amount of topsoil and mulchi°i- ensure germination. Again, thank you for your continuing cooperation through this process and I look forward to meeting on November 2 with those of you who are most directly affected by the major grading revisions. Sincerely, C*�ZL Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Scott Oaks, Frontier Development Corporation Mark Parranto, Delta Development Randy Hedlund, Hedlund Engineering City Staff �l MEMO TO: TOM HEDGES, CITY ADMINISTRATOR i FROM: DALE C. RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: NOVEMBER 31 1989 RE: UPDATE - STAFFORD PLACE DEVELOPMENT In the memorandum prepared for the last City Council meeting which summarized all the concerns and complaints regarding Stafford Place, staff has had a chance to look at the three major issues. These being: 1) liens for driveways and sod, 2) building-related problems, and 3) grading and drainage at the site. The Public Works Department is addressing the drainage and grading of the site. Community Development will try to address the liens and building-related problems. Staff again has reviewed the concerns regarding the liens with the City Attorney's office and it is the position of Community Development that the City should not get involved with any of the lien procedures at this time. It has been stated at other meetings that if there are a number of liens on the property that the people should contact the title insurance company, and the title insurance company for the property will then pursue ways to remedy the lien on the property. The second item regarding the lien process is that within one year the company, or person putting the lien on the property, has to initiate legal actions to collect on the lien or the lien is taken off of the property. Therefore, there are remedies other than the City being involved at this time to resolve this issue. The Building Department is following through with the building complaint issues and presently, there appear to be 13 building- related issues and concerns. The Building Department is in the process of :contacting the residents and will review the 13 concerns to see if there are Code violations. Staff will compile a report of these 13 complaints and update the City Council at the November 9 meeting if any are, in fact, Building Code violations. Hopefully, this addresses the concerns of the building, as well as the liens, and if anyone needs additional information regarding the Stafford Place development, contact me at City Hall for this information. Director of Community Development ' DCR/j s (09 Agenda Information Memo November 9, 1989 City Council Meeting FINAL RATIFICATION/PARK & TRAIi DEDICATION POLICY B. Final Ratification for Park and Trail Dedication Policy—After staff review, a recommendation was made to the City Council that a park and trail dedication policy be adopted that would change the method of financing certain trails that are constructed within the City. It was determined at that time that the policy should be in the form of an amendment to Chapter 13 of the City Code. The City Council requested review by the Developers Task Force and after three (3) meetings with City staff, it is now the recommendation of the Task Force to the City Council that the fees required for park land dedication include a surcharge for trail improvements which no longer requires an amendment to Chapter 13 of the City Code. The Directors of Parks and Recreation, Community Development and Public Works/ Engineering all participated in the Developers Task Force meeting that was held on November 1 when the Task Force reached this recommendation. Because of the change from a proposed ordinance to a surcharge concept, the Director of Parks and Recreation would like to recommend a continuance to allow a review by the Advisory Parks and Recreation Commission. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the addition of a surcharge to the park land dedication fee that is required for all new development and, further, that the Director of Parks and Recreation request that the Advisory Parks and Recreation Commission conduct a public hearing on this issue. � C� Agenda Information Memo November 9, 1989 City Council Meeting HENNEKE KENNEL LICENSE APPLICATION/ DISCUSSION OF CITY CODE RELATED TO KENNEL LICENSES C. APPLICATION FOR A KENNEL LICENSE FROM WAYNE AND KAREN HENNEKE IN ORDER TO KEEP 20 CATS IN A SPECIALLY CONSTRUCTED CATTERY IN A RESIDENCE IN AN R-1 DISTRICT AT 3453 ROLLING HILLS DRPfWDISCUSSION OF CITY CODE PROVISIONSILANGUAGE RELATED TO KENNEL LICENSES -- 1. In official action at the October 17, 1989 City Council meeting, a request was considered under "Visitors to be Heard" for a kennel license as submitted by Wayne and Karen Henneke for a specially constructed cattery in their proposed future residence at 3453 Rolling Hills Drive in an R-1 Residential District (single family homes). Accompanying the application was a copy of the current licenses held by the Hennekes for their present residence in the City of Minneapolis and letters of recommendation from both current neighbors in Minneapolis and prospective neighbors of the Rolling Hills address in Fagan. Copies of the letters are enclosed for the Council's information on pages��_-•through . The City Council directed that this item be placed on the . November 9 Council meeting agenda. A ruling was asked from the City Attorney regarding the interpretat�n of the Code regarding this application. A copy of that ruling is enclosed on page . Please note that under current Code language according to the interpretation of the City Attorney's office the Henneke kennel license application will have to be denied. ACTION TO BE CONSIDERED ON THIS ITEM: To deny the kennel license application as submitted by Wayne and Karen Henneke for a kennel in a residential district. 2. Concurrent with research on the Henneke application, discrepancies were discovered as to the City Attorney's interpretation of the Code language regarding kennel licenses and past and current practices of the City in issuing kennel licenses in agricultural districts. The main problem seems to be that currently there is no distinction between keeping household pets and keeping a commercial kennel. Enclosed on pages through is a memo from Assistant to the City Administrator Duffy detailing those isc epancies and asking for direction from the Council regarding kennel licenses in general ACTION TO BE CONSIDERED ON THIS ITEM: 1, a. If the Council determines that an amendment to the language of the City Code regarding kennel licenses is in order, to direct staff to 6 Agenda Information Memo November 9, 1989 City Council Meeting prepare an official amendment which will be considered at a future Council meeting after proper public notice and legal proceedings, or b. If the Council determines that no amendment to the language of the City Code regarding kennel licenses is in order, to so direct staff. 2. To direct staff as to the proper procedure for handling current renewal and new applications for kennel licenses for pets (non-commercial uses) in an Agricultural District which were to be scheduled for a December Council meeting. •3unars Mary Kampe 3909 -45th Ave. S. Minneapolis, MN Oct. 6. 1989 To whom it may concern. We, Gunars and Mary Kampe, have been living at 3909 - 45th Ave. S. for more than 26 yrs. For about half of that time we had Karen, and later. Wayne Henneke as next door neighbors at 3911 - 45th Ave. S. During all those years we never have had any. problems or reason to complain abootthem having cats, which are always kept indoors - no fights, noise or litter. Sincerely • September 24, 1989 TO WHOM IT MAY CONCERN: This is in regard to our neighbor, Karen and Wayne Henneke, of 10 plus years. We have found their animals to be of no problem to us, and they have been very pleasant, cooperative neighbors. Sincerely yours, i Sue Klocek 3917 45th Avenue South Minneapolis, MIq 55406 Phone: (612) 729-1387 •cc: Karen and Wayne Henneke 3911 45th Avenue South Minneapolis, MN 55406 i i I V4 I f t M E M O R A N D U M TO: Tom Hedges FROM: Joe Earley DATE: October 20 , 1989 RE: Kennel Licensing and Zoning It is clear that the Eagan City Code prohibits keeping or owning four or more dogs or cats or combination over six months of age without a kennel permit. This requirement is spelled out in Section 10. 11, Subd. 13 (7) and Section 6. 38, Kennels. Kennel is defined in Subd. 1 of that section as: "Any place, building, tract of land, .abode or vehicle wherein or whereon a total of four or more dogs or cats or combination over six months of age are kept, kept for sale or boarded. " Subd. 2 states: • "It is unlawful for any person to operate or maintain a kennel without a license therefore from the City." Subd . 4 of Section 6. 38 states that: "No license shall be issued to a person for operation of a kennel in a zoning district where such operation is not permitted or otherwise allowed under the zoning chapter of the City Code. " There are only two zoning districts within the City that allow the operation of a kennel. Those are Agricultural districts as a conditional use ( 11. 20, Subd. 3 (b) ( 2) ) and Commercial districts excluding Limited Business and Neighborhood Business zones. Persons, therefore, in Residential districts are prohibited from owning four or more dogs or cats over six months of age under any circumstances. JPE/djk MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR DUFFY DATE: OCTOBER 25, 1989 SUBJECT: CURRENT CITY CODE PROVISIONS REGARDING KENNEL LICENSING/KEEPING OF CATS i DOGS/ZONING KENNEL PERMIT REn"rom HENNERE As you are aware, the City has received a request from Wayne and Karen Henneke for a kennel license in order to keep 20 cats in a specially constructed cattery in their future residence in an R-1 District. They presently live in Minneapolis where this is an accepted use. To the best of my knowledge, this is the first time the City has received an application for a kennel license in a residential district. When the Hennekes approached the planning division staff and the Deputy City Clerk, they were informed that the use was not allowable under current code. However, their real estate agent decided to approach some other staff members and also the Council who were not aware of the planning division's actions. As a result, there was some confusion as to the legal aspects of and the procedures to take regarding this request. Conflicting interpretations were discovered among staff of the zoning requirements regarding this request. The portions of City Code regarding the keeping of animals are ambiguous enough to cause this confusion. Therefore, at your direction, I researched the practices of the City regarding the issuance of kennel licenses and present City Code language regarding keeping of animals and kennel licenses. I also requested an interpretation of the code requirements regarding the Henneke application from the City Attorney's office. The interpretation of the City Attorney's office is that under the current language of the City Code, persons "in Residential districts are prohibited from owning four or more dogs or cats over six months of age under any circumstances." This means that no one in a residential district may own more than three cats or three dogs or a combination of more than three dogs and cats, period. Therefore the request as submitted by Mr. and Mrs. Henneke is not allowable and must be denied at this time. The above judgment was based on sections of the City Code which they quoted to us in the following order which resulted in their conclusion as stated above: 1. A kennel is defined as, "Any place, building, tract of land, abode or vehicle wherein or whereon a total of four or more dogs or cats or combination over six months of age are kept, kept for sale or boarded." 1 . 2. "It is unlawful for any person to operate or maintain a kennel without a license therefore from the City." 3. "No license shall be issued to a person for operation of a kennel in a zoning district where such operation is not permitted or otherwise allowed under the zoning chapter of the City Code." ANYONE WITH MORE THAN THREE DOGS ANDjOR"CATS IS REGARDED AS HAVING A COMMERCIAL KENNEL UNDER THE CURRENT CODE LANGUAGE In researching background information concerning the Henneke request, I discovered that there are reasons to be seriously concerned regarding the way the City Code presently addresses keeping of household animals, kennel licenses and relevant zoning requirements. My concern includes not only the actual language contained in the Code but also past interpretations and past and present good faith practices of City staff regarding the regulations, some of which could be interpreted as contrary to lode. A prime reason for the mixed interpretations of staff and for the basis of the above interpretation from the City Attorney's office is that the City Code has only one definition of what constitutes a "kennel. " That definition appears under the Business Regulation and Licensing portion of the City Code. There is no differentiation between the keeping of household pets and the • keeping of a commercial kennel in that definition. Any and all references relating to the keeping of dogs and cats anywhere else in the City Code have to refer back to that business definition of a kennel. Relevant language contained in the City Code regarding keeping of animals and kennel licenses is as follows: 1. The Kennel portions of the code in their entirety are as follows: ('Chapter 6 OTHER BUSINESS REGULATION AND LICENSING Sec. 6.38. KENNELS. Subd. 1. Defined. For the purpose of this Section, the term "kennel" means any place. building, tract of land, abode or vehicle wherein or whereon a total of four or more dogs and cats or combination over six (6) months of age, are kept. kept for sale. or boarded. Subd. 2. License Required. It is unlawful for any person to operate or maintain a kennel without a license therefor from the City. 2 -71 Subd. 3. Exception. Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this Section. Subd. 4. Zoning. No license shall be' issued to a person for operation of a kennel in a zoning district where such operation is not permitted or otherwise allowed under the Zonincr Chapter of the City Code." The relevant portions of the above language are Subd. 1 which contains the only definition of a kennel for the purposes of licensing and Subd. 4 which states that no license shall be issued in a zoning district where the operationofa "kennel" is not allowed. Please note that the effect of this wording, according to the City Attorneys office, is to define any keeping of more than three dogs, cats or any combination thereof, over six months of age, as a "kennel. " There is no distinction made between household pets, pet stores and actual commercial boarding and/or breeding kennels. Special note: It is ironic that the only actual business that I am aware of in the City which actually and regularly keeps more than three cats and dogs for sale as a commercial endeavor was not required by staff to obtain a kennel license. This is a pet store in a Community Shopping Center district where zoning does allow pet shops. I assume the store was . not required to obtain a kennel license because it generally keeps puppies and kittens under six months for sale. It is also ironic to note that zoning for Community Shopping Center does not allow animal kennels. Therefore, if a pet store keeps any number of puppies and kittens for sale, it is an allowable use by ordinance definition. However, if it kept as many as four animals over six months of age for sale, it would be required to have a kennel license. Because there is no kennel license required, Council and staff have less authority regarding the way animals are treated and housed at a pet store. If the City did have problems with the treatment of animals in a pet store in the future, the lack of a required kennel license could be a handicap for the City in dealing with the problems. However, according to current kennel license language, the store would probably not be able to operate if it did have to have a kennel license. Kennels are only allowed where permitted by the Zoning Ordinance. The Zoning Ordinance does not allow kennels in a Community Shopping Center district. This example may seem slightly ridiculous, but it is probably no more so than regarding the keeping of four household pets 3 0 as a commercial "kennel," while not regarding a store where a dozen or more animals are regularly kept for sale as a commercial "kennel." As you can begin to see, there are serious inconsistencies in the language of the Code regarding "kennels." 2. Generally keeping animals is addressed under the following: HCHAPTER 10 PUBLIC PROTECTION. CRIMES AND OFFENSES SEC. 10.11 DOG AND CAT REGULATION AND DOG LICENSING. . . Subd. 13. Other unlawful Acts. It is unlawful for the owner of any dog or cat to (1) fail to have the license tag issued by the City firmly attached to a collar worn at all times by the licensed animal, or (2) own or keep a dog or cat which is dangerous (any such animal which has caused injury to persons or property shall be deemed "dangerous") , or (3) interfere with any police officer, or other City employee, in the performance of his duty to enforce this Section, or (4) fail to keep his dog from barking, howling or whining, or his cat from emitting loud or unusual noise, or (5) fail to prevent his dog or cat from defecating in or upon public property or the premises of another, or (6) permit solid waste of a dog or cat to accumulate on his premises for more than twenty-four hours, or (7) keep or own four or more dogs or cats or combination over six months of age without a kennel permit." Under this section, keeping more than three dogs, cats, or combination of same seems to be allowable with a kennel permit, except there is no such thing as a kennel permit in the code, only requirements for a kennel license as contained in the Business Licensing section and that section does not address household pets separately from commercial kennels. 3. zoning regulations - Agricultural District $$CHAPTER 11 LAND IISE REGIILATIONS (ZONING) SEC. 11.20. USE DISTRICTS. . . Subd. 3. Agricultural District. . . B. Conditional Uses. Within any Agricultural District no structure or land shall be used for the following uses or uses deemed similar by the Council except by a conditional use permit: 1. Any conditional use in the 11R-1" District as regulated therein. 4 I __ 2. Riding stables, boarding stables, auction facilities or sales barns, commercial feed lots gr dog kennels subject to the requirements of Section 6.38 of the City Code. 3. Commercial storage facilities. . . C. Accessory Uses. Within any Agricultural "A" District, any accessory use permitted in an 11R-1" District shall be permitted." [Special note: A permitted accessory use in R-1 districts is the "keeping of domestic animals (household) for non- commercial purposes, for the use of the occupants of the premises."] My research has indicated that the wording of this section is definitely a concern for the City. Historically, City staff has interpreted the above section to mean that a commercial dog kennel, i.e. , a boarding kennel, needs a conditional use permit as well as a kennel license. However, if the dogs involved are pets and/or if the animals involved include cats, staff has interpreted the language to mean that a kennel license is required but a conditional use permit is not. The basis for this interpretation seems to be that every other conditional use listed involves a commercial business. When the conditional uses regarding animals in an agricultural district are examined specifically, they all involve some sort of commercial use which includes the constant coming and going of both customers and animals, i.e. , riding stables, boarding stables, auction facilities, sale barns, and commercial feed lots. Another basis for this interpretation is that residents in an agricultural district of no less than five acres are allowed to keep any number of horses, cows, swine, sheep, goats, chickens and other like animals without any sort of license or permit whatsoever. In addition, the only operation addressed in this section is a commercial dog kennel; nothing is said about cats or a combination of dogs or cats. As a result, the City has a past practice of granting kennel licenses to persons in an agricultural district when the dogs and cats involved are not part of a commercial kennel and the land involved is five acres or more, without also requiring a conditional use permit. The current existing kennel licenses in an agricultural district have been given to residents in those districts under those conditions. No conditional use permit has been required for any previous or current kennel license of this type. Annual kennel license renewals for kennel licenses in an Agricultural District along with one new application for a 5 kennel license in an Agricultural District were to be presented to the Council in December, as usual. The licenses involve pets and the land involved is more than five acres in each case. obviously, staff immediately needs direction from the Council regarding their intentions concerning the interpretation of this section. Should past practice be followed regarding granting kennel licenses for non-commercial pets in an Agricultural District or should these people be informed that they now need to apply for a conditional use permit before a kennel license can be granted? 4. Zoning Regulations - Residential Districts. . "Subd. 5. Residential Districts. . . C. Permitted Accessory Uses. Within any R-1, R-2, R- 3, R-4 or R-5 District, no structure or land or use of land shall be permitted except for one or more of the following use or uses deemed similar by the Council: . . . 6. The keeping of domestic animals (household) for non-commercial purposes, for the use of the occupants of the premises." As stated before, the question of a kennel license in a Residential district had not come up prior to the Henneke application. The Code obviously allows keeping household domestic animals in a Residential district. However, the only provision for keeping more than three dogs, cats or a combination of same as pets is to get a kennel license under the Business Licensing Section which then defines the keeping of the household pets as a business for zoning purposes. As a result, persons in Residential districts are prohibited from owning more than three dogs or cats or a combination of same over six months old in any circumstances. This allows the Council no discretion concerning the keeping of pets and may or may not be the intention of the Council. In addition, there are probably current households in Residential Districts where there are more than three animals kept as pets. The Council should consider if they wish to have discretion in dealing with these situations when they are discovered or be obliged to mandate that those persons either get rid of a pet or move out of Eagan. 5. other Zoning District Regulations: The only other zoning districts in the City in which kennels are specifically addressed include the General Business and Industrial districts. "Animal kennels" are a conditional use in a General Business district and "dog kennels with outside pens" are a conditional use in an Industrial district. 6 l REQUEST FOR DIRECTION Because of the apparent discrepancy between (1) the way the City Attorney's office has interpreted the regulations regarding the keeping of animals and kennel licenses, (2) the actual past practice of the City regarding same, and (3) the apparent inconsistencies in present code language, staff is requesting a clarification of the Council's intent regarding these matters. A. Results of keeping the Current Language: If the Council wishes to retain the present wording of all sections of the City Code related to kennel licenses and the keeping of animals, the result would be: 1. The keeping of any more than three dogs, cats or a combination thereof will be regarded as a commercial endeavor. 2. No one in any Residential district will be able to keep more than three dogs, cats or any combination thereof for any reason. 3. No one in an Agricultural district will be able to keep more than three dogs, cats or any combination thereof without obtaining both a kennel license and going through the conditional use process. This restriction will exist , whether or not the operation is a "commercial dog kennel" as stated in the requirements for a conditional use permit or is merely for the keeping of household pets. The restriction will also exist in spite of the fact that the same persons will be able to keep any number of horses, cows, swine, chickens, sheep, goats, etc. , on the same property without any type of permit whatsoever. 4. The only other districts in the City in which the keeping of more than three dogs, cats or any combination thereof will be allowed will be the General Business district where "animal kennels" are a conditional use and the Industrial district where "dog kennels with outside pens" are a conditional use. A kennel license will be required along with a conditional use permit. Although pet shops are an allowed use in a Community or Regional Shopping Center district, they would only be allowed if the animals involved did not include more than three over six months of age. B. Results of Changing the Present Bingle Definition of a Kennel to Two Definitions: The Council could decide to amend the City Code by providing two definitions of a kennel in Sec. 6.38, Subd. 1, one for commercial 7 uses and one for non-commercial uses (household animals) . Possible language could include the following (Suggested amended language of the Code is underlined; portions to be deleted are crossed out) : SEC. 6.38. KENNELS. Subd. 1. Defined. For the purposes of this Section, the term_ a. "Commercial kennel" means any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs or cats, or combination, over six (6) months of age, are kept, kept for sale, or boarded for commercial gurvoses. Present language in the zoning chapter of the City Code-which refers to the term "commercial kennels" includes "net shops." "animal kennel." "commercial dog kennel." and "dog kennel with outside pens. " (1) Exception: A "net shop" wil be required to obtain a commercial kennel license if it regularly- keeps for sale four or more dogs or cats or combination of any age. C. "Non commercial kennel" means any abode or directly adjoining tract of land wherein or whereon a total of four or more dogs or cats. _c(r combination over six (6) months of age, are kept for non-commercial- purposes for the use of the occupants of the premises. (1) A non commercial kennel designation does not include any place where dogs and cats are boarded for profit. (2) In Residential zonincr districts, a non- commercial kennel designation does not include anyplace where the regular sleeping quarters -for the concerned cats and doss are anywhere other than inside the regular exterior walls of the main abode structure. Garaaes and separate kennel facilities which are attached to the outside of the abode's exterior walls are not regarded as being inside the regular exterior walls of the main abode structure. (3) The occurrence of household dogs and cats havina occasional litters of puppies or kittens does not disqualify an otherwise gualifi.ed home from receiving a non-commercial kennel designation for purposes of licensing. Subd. 2. License required. It is unlawful for any person to operate—= maintain - kennel keep or own four or more dogs or cats, or combination over six months of age, without $ the appropriate commercial or non- commercial kennel license therefor from the City. It is unlawful for any pet shop to keep for sale four or more dogs or cats or combination., of any age without a commercial kennel license. Subd. 3. Exception. Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this Section. Subd. 4. Commercial Kennel Zoning. No license shall be issued to a person for the operation of a commercial kennel in a zoning district where such operation is not permitted or otherwise allowed under the Zoning Chapter of the City Code. Subd. 5. Non-Commercial Kennel Zoning. No license shall be issued to---a person for the operation of a non- commercial kennel in a zoning district where the keeping of domestic animals (household) for non-commercial purposes for the use of the occupants of the premises is not a Permitted Use or a Permitted Accessory Use. a Exception: No license for a non-commercial • kennel shall be issued to persons residing in an R-3 R-4 or R-5 Zoning District Subd. 6. The City Council reserves the right to refuse to grant a kennel license in any circumstances where in the judgment- of the City Council the keeping of four or more dogs or cats, or combination thereof, would disturb the peace as defined in Eagan City Code Section 10. 11 Subd. 10, or would create a violation of the requirements of Eagan City Code Section 10.11 (Dog and Cat Regulation and Dog Licensing) The City Council also reserves the right to rescind any kennel license in circumstances where the regulations as listed in Eagan City Code Section 10.11 regarding Dog and Cat regulations have been violated. Special Note 1: A copy of Section 10.11 (Dog and Cat Regulation and Dog Licensing) in its entirety has been attached for your information. Special Note 2: The above language has not been reviewed by the City Attorney. If the Council determines that it would be proper to amend the ordinance as so shown, the 9 language should be so reviewed. In addition, the Planning Division believes that it might also be necessary to amend language in the City's zoning ordinance to coincide with the above language. That also should be checked with the City Attorney. If the Council wishes to amend the present wording of the section of the City Code related to kennel licenses as illustrated above, the result would be: 1. The keeping of household animals will no longer have to be regarded as a commercial endeavor and subject to business licensing requirements. 2. Responsible owners in a Residential district will be able to keep more than three dogs, cats or any combination thereof with a non-commercial kennel license. The Council would have the right, however, to refuse or rescind a non-commercial kennel license in cases where the owners of the concerned pets allow them to disturb the peace or in any other way violate provisions of the keeping of animals section of the code, such as running free, trespassing on neighbors' property, allowing solid waste to accumulate on the owner's property, not having dogs licensed, not having rabies inoculations up to date, etc. Considering the population of Eagan at this time, it is probably naive to assume that there are no households in Residential areas where more than three dogs or cats live. It is also probable that those residents have not licensed those pets because of the kennel license provisions. The new language would give the Council some discretion as to regulating this type of situation. 3. Persons in an Agricultural district will continue to be able to keep more than three dogs, cats or any combination thereof with a kennel license but will not have to go through the conditional use process if the animals involved are household dogs and cats. 4. Present zoning restrictions concerning commercial kennels will continue to be in force. (Agricultural district where "commercial dog kennels" are a conditional use, General Business district where "animal kennels" are a conditional use and the Industrial district where "dog kennels with outside pens" are a conditional use. ) The term pet shops (an allowed use in a Community or Regional Shopping Center district) will refer back to the definition of a commercial kennel and be able to be regulated more effectively through a required license. Commercial kennels will be allowed in no other areas. 10 CONCLUSION When Mr. and Mrs. Henneke submitted their request for a kennel license to keep cats in a specially constructed cattery inside their prospective new house in a Residential district in Eagan, the City Attorney's office was asked for an interpretation of the City Code relating to this item. The interpretation of the current language of the Code as received indicated not only that no one could keep more than three dogs and/or cats in a residential area for any reason but also that a past practice of differentiating between commercial and household animals when granting kennel licenses in an Agricultural district could be considered a questionable practice as the City Code is presently written. Staff is requesting direction from the City Council as to their intentions regarding the keeping of animals in the City of Eagan. 1. Specifically, is it the intention of the Council to prohibit the keeping of more than three dogs and/or cats in any place in the City for any reason except in Agricultural, General Business and Industrial districts where it is a conditional use and where a conditional use permit has to be granted before a kennel license can be issued? (Present Code language as interpreted by the City Attorney's office) 2. Or, is it the intention of the City Council to differentiate between commercial kennels and household i animals (non-commercial) for the purposes of regulation? (Present and past practice when granting kennel licenses in an Agricultural district. ) If you need further information or research, please contact me. I L �- _k r, Assistant o th_e_tl�y Administrator \wP 11 SECTION 10.11 DOG AND CAT REGULATION AND DOG LICENSING Subd. 1. Definition. For the purpose of this Section, "owner"means a person who owns, harbors, feeds, boards or keeps an animal hereby regulated. Subd. 2. Running at Large Prohibited. It is unlawful for the owner of any dog or cat to permit such animal to run at large. Any dog shall be deemed to be running at large with the permission of the owner unless it is on a durable leash secured to an object which it cannot move and on the premises of the owner, or on a leash, or trained and under the command of an accompanying person of suitable age and discretion. Any cat shall be deemed to be running. at large with the permission of the owner unless it is on the premises of the owner. Subd. 3. License Required. It is unlawful for the owner of any dog, six months of age or more, to fail to obtain a license therefore from the City. Subd. 4. Application. Application for a dog license shall be upon a form supplied by the City and accompanied by a certificate of a veterinarian, duly licensed to practice veterinary medicine within the State of Minnesota, which certificate shall state that the dog for which application for a license is made, has been inoculated against rabies for at least the period for which the license is applied. Subd. 5. Period and Fees. All dog licenses shall expire on February 20 of each year and shall become delinquent on February 21 in each year or within six months after birth. All fees for the licensing of dogs and impounding of dogs and cats, including penalties for late application, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk-Treasurer and open to inspection during regular business hours. Subd. 6. Tag Required. All licensed dogs shall wear a collar and have a tag firmly affixed thereto evidencing such license for the current year. A duplicate for a lost tag may be issued by the City upon presentation of the receipt showing the payment of the license fee for the current year. Tags shall be transferable, but no refund shall be made on any license fee because of leaving the city or death of the dog before the expiration of the license. Subd. 7. Notice of Impounding. Upon the impounding of any dog or cat, the owner, if known, shall be notified. Subd. 8. Release From Animal Pound. Dogs and cats shall be released to their owners, as follows: A. If such dog or cat is owned by a resident of the City, after payment of impounding fees, and in addition, in the case of a dog, purchase of a license. B. If such dog or cat is owned by a person not a resident of the City, after immunization of any such dog or cat for rabies, and payment of the impounding fee for the period for which the dog or cat was impounded. Subd. 9. Animal Pound. Any dog found in the City without a tag, or dog or cat running at large, shall be placed in the Animal Pound, and an accurate record of the time of such placement shall be kept on each animal. Every dog or cat so placed in the Animal Pound shall be held for redemption by the owner for a period of not less than five regular business days. A "regular business day" is one during which the Pound is open for business to the public for at least four hours between 8:00 o'clock A.M. and 6:00 o'clock P.M. Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by specie, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal was received; and, (5) the name and address of the person to whom any animal three months of age or over was transferred. If unclaimed, such animal shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of Minnesota Statutes, Section 35.71. Provided, however, that if a tag affixed to the animal, or a statement by the animal 's owner after seizure specifies that the animal should not be used for research, such animal shall not be made available to any such institution but may be destroyed after the expiration of the five- day period. Subd. 10. Disturbing the Peace. It is unlawful for any person, as owner or possessor of a dog or cat, to suffer or permit such dog or cat to disturb the peace and quiet of the neighborhood by barking, howling, whining, or making any other loud or unusual noise. If a dog or cat is disturbing the peace for two or more hours, an animal control officer, police officer or. community service officer may remove the animal and place it in the City pound at the owner's expense. Subd. 11. Dangerous Dogs or Cats. It is unlawful to own or keep a dog or cat which is dangerous to persons or property. Provided, however, that the Council may issue a special permit for keeping dogs used for safety purposes. The terms "dangerous dog" or "dangerous cat" shall include any dog or cat which threatens to or has caused an injury to any person, or damage to property. In the event that a dangerous dog or cat cannot be immobilized or captured by other means, or if there appears to be danger to persons or property, a peace officer, Animal Warden, or other employee or agent of the City assisting a peace officer or Animal Warden, is hereby authorized to summarily destroy the animal. Subd. 12. Immobilization of Dogs or Cats. For the purpose of enforcement of this Section any peace officer, Animal Warden, or other person assisting a peace officer or Animal Warden, may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching a dog or cat. Subd. 13. Other Unlawful Acts. It is unlawful for the owner of any dog or cat to (1) fail to have the license tag issued by the City firmly attached to a collar worn at all times by the licensed animal, or (2) own or keep a dog or cat which is dangerous (any such animal which has caused injury to persons or property shall be deemed "dangerous") , or (3) interfere with any police officer, or other City employee, in the performance of his duty to enforce this Section, or (4) fail to keep his dog from barking, howling or whining, or his cat from emitting loud or unusual noise, or (5) fail to prevent his dog or cat from defecating in or upon public property or the premises of another, (6) permit solid waste of a dog or cat to accumulate on his premises for more than twenty- four hours, or (7) keep or own four or more dogs or cats, or combination over six months of age, without a kennel permit. Subd. 14. Rabies Control. A. Inoculation. Every owner of a dog or cat over six months of age must have a certificate of a veterinarian duly licensed to practice veterinary medicine within the State of Minnesota which certificate shall state that the dog or cat has a current inoculation against rabies. B. Animal Bites. The owner of any dog or cat which has bitten a person must provide a certificate of current rabies inoculation. If such a certificate is not provided, the dog or cat shall be immediately seized and impounded for the period of time necessary to determine if the dog or cat has been infected with rabies, with the cost to be paid by the owner. Other animals which have bitten a person shall be destroyed and taken to the University Diagnostic Lab to determine if the animal has been infected with rabies. Agenda Information Memo November 2, 1989, City Council Meeting RECONSIDERATION FOR TRAILERJAMES HORNE D. Reconsideration, Removal of Trailer at 3850 Coronation Road, James B. Horne--At a regular City Council meeting held July 5, 1989, the trailer permit issued to Jim Horne at 3850 Coronation Road was renewed with the understanding the permit would terminate October 31, 1989. There is also a condition of that approval that the permit is non- renewable and the tr 'le must be removed from his property on or before October 31. Enclosed on page is a copy of a letter sent to Mr. Horne regarding the status of his trailer permit. Enclosed on page`j, -�s a letter from Mr. Horne requesting that the Council reconsider the action of July 5 and that permission be granted for Mr. Horne to retain the trailer on his property. Having reviewed the City Council minutes, Mr. Home's trailer permit was annually renewed until June 17, 1986, when he was given a one-year extension on the condition that he paint the trailer. When this extension expired, the City Council voted on August 4, 1987, to deny a renewal of the permit because the trailer had not been painted. On Octoberr 6, 1987, the City Council granted permit renewal until July 1, 1988, again with the condition the trailer be painted. If the trailer was not painted by November 1, the permit was to be revoked. The trailer was painted and the permit was subsequently renewed on July 1, 1988. For a copy of the City Council minutes pertaining to the more recent renaI efer to a copy of the July 5, 1989 minutes enclosed on pages 3 through ��V . ACTION TO BE CONSIDERED ON THIS ITEM: To consider a reconsideration of the July 5 City Council action and if there is a motion for reconsideration following any discussion, it would be appropriate to approve or deny an extension of the trailer permit and if approved, a specific date and conditions should be included with the action. 1tv OF Ct1ga VIC ELLISON 3830 PILOT KNOB ROAD,P.O.BOX 21199 ►r+oyor EAGAR MINNESOTA 55121 THOMAS EGAN PHONE:(612)454-8100 DAMD K.GUSTAFSON PAMELA McCREA THEODORE WACHTER ca„a memben THOMAS HEDGES City A&rd*h0t0F EUGENE VAN OVERBEKE CMy CWk July 7, 1989 Jim Horne 3850 Coronation Rd Eagan, MN 55122 Dear Jim, The Eagan City Council, at its regular meeting held July 5, 1989, approved your trailer permit with the following conditions: The permit terminates October 31, 1989. The permit is non-renewable. The trailer must be removed from your property on or before October 31, 1989. if you have any questions, please feel free to contact me. Sincerely, � o E J vanOverbeke Finance Director/City Clerk cc: Thomas L.Redges, City Administrator THE LONE OAK TREE...THE SYMBOL OF S NGTH AND GROWTH IN OUR COMMUNITY Historic Aviation 3850 Coronation Road Eagan, Minnesota 55122 Thomas Hedges, City Manager City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 October 25, 1989 Dear Tom, We would like to request that the council reconsider their motion that our trailer be moved from our property. The trailer was formerly located in what is now the new Kingswood right of way. To construct this right of way, we moved this trailer early last spring approximately 100 feet to the north, behind the oak trees. In addition we built an earth berm along Pilot Knob road and have transplanted some large pine trees in the berm. We will finish landscaping the rest of the berm next spring. This berm and the trees substantially hide the trailer from view. We previously painted the trailer a light tan color so it would not be conspicuous. Please show the council the photographs I left with you showing how well screened it is from Pilot Knob and the new Kingswood road. We desperately need this trailer for storage space for our book business. We respectfully request that the council approve this new location. Sicerely, R . j mes B. Horne Page 9/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 r Councilmember Wachter gU4stioned the'.,.location for the children to cross. Mayor Ellison requ8sted the Pg Abe Department check the area. Hugh Stewart, 4106 Blackhawk, diad Ionregarding gCity trees. Public Works Director Tom Colbert stated agreed to relocate the trees but did not guarantee their survival. Mr. Stewart pointed out that the trees were never planted correctly and requested a deferment. Mx:+ :C4t $ated that Mr. Stewart qualified under Policy 86-3 btiat :fina : #ty required a signed agreement. . Councilmember Wachter remarkO.�;that . the eesproare mooare d, the City Forester should instruct.a ..p�:�p ..e.. he trees. Councilmember Egan pointed out that this project had bad luck from the start as it was a difficult plan. Public Works Director Tom Colbert informed the Council that the other property owner quaj>- fying for Policy 86-3 had not r�ez :;:i tAf to notify the property responded. Mayor Ellison info' epd in writing. owner again and give him. a week "t' Wachter moved, Gustafson se6ondPd X::th6:-motion to close the public hearing and approve the fad l. ' ag'sessment roll for Project 488 (Blackhawk Road - Streets :jjtd :Storm Sewer) and authorize its certification to the County. . TRAILER PERMIT RENEWALS/1989 City Administrator Tom Hedges presented the background information and an update Marvin Fritz informed the Counc3; he obtained a permit in the early 1980s and was attempting to b Id a dome by fall or early spring. Councilmember Wachter pointed out that''the City had to adopt a policy. Egan moved, Wachter seconded, the motion to approve a one-year non-renewable trailer permit for the Marvi#t ;grit2 mobile home located at 4580 East Greenleaf Drive. All v.4ted in favor. McCrea moved, Wachter sedQd : :::? tion to approve the trailer permit renewal for the':Iyle':':56'h l'tti "mobile home located at 1315 Carriage Hills Drive, subject to the :c.ondition that the mobile home may only be occupied by Elizabeth Schidiz. All voted in favor. July 5, 1989 Councilmember McCrea stated that the:-Borne trailer had been painted. Mayor Ellison stated:::he felt iV.:Was time for the trailer to be moved as it was being ueed.:for st&ige. Councilmember Egan agreed and pointed out that the : ::; ►as originally for undeveloped land and that the use->4ss-.ho longer compatible. McCrea questioned if a denial by the Council would violate any previous Council or staff action. Jeff Weldon responded no. Councilmember Gustafson stated the motion should include a period of time. Gustafson moved, Egan 0 : 4 .ei�: tion to approve a non-renewable trailer permit to exg-ze0ej:pber 31, 1989, for Jim Horne at 3850 Coronation Drive. AlI''voted 'in favor. Egan moved, Gustafson seoondjo' -.•the:°t�tion to approve the trailer permit renewals for Tr:' 4 1 :'q'ipany, 3085 Highway 13; American Homes, 3660 Dodd Road;" Earl Aktbtzke, 535 Gun Club Road; and Edmund Schwanz, 810 Yankee Doodle Road. All voted in favor. MTC PARK AND RIDE SITE/CONSIDERATION OF AGREEMENT City Administrator Tom Hedges introduced the matter to the Council. Mayor Ellison pointi&-i%biAx-that Mr. Brown should review the document and have a say in its 'dxats..v.# Btu;,.. City Administrator Tom Hedges stated that the proposed :action Vis.,to authorize the submission of the agreement to G ?darva3,�;0.hopping Center for its review and execution. Gustafson moved, Wachter:::seconded, the motion to approve the Cedarvale Boulevard Vacation/MTC Park and Ride Site Agreement and require Cedarvale Shopping Center's review and execution prior to the public hearing for the vacation of Cedarvale Boulevard right-of-way. All voted in favor. JOINT AMBULAI AGREE 4ENT City Administrator Tom Hedges Viiesent-ed the matter to the Council. Councilmember McCrea asked::1or tom:: average response time. Mr. Hedges stated he was unsure but:*:Vould;:� ieck into the matter. Mayor Ellison stated the response time was:'�between two to four minutes. Councilmember Wachter remarked that he felt 15 minutes was a long time. He further questioned if the agreements were identical between the cities. Mr. Hedges responded yes. Councilmember Gustafson stated he felt it was a good agrooment. Gustafson moved, Wachter seconded, t14*:motion to approve the execution of the Ambulance Sezt: ci :!► reiefit commencing January 1, 1989 through December 31, l991:`*:':=A33:::%Vd.t.-6:*�Yti favor. f, Agenda Information Memo November 9, 1989 City Council Meeting TIF/TRI-LAND PARTNERSHIP E. Application, Tri-Land Partnership of Eagan, for Tax Increment Financing In Association with Eagan Center 5th Addition Project and Schedule Date for Public Hearing--The City has received a request from Tri-Land Partnership of Eagan to use tax increment financing for the Eagan Center 5th Addition project which includes the construction of an ice arena. Included in their letter, copy enclosed on page ��, is a request for the City Council to set a public hearing to consider the application. There are several considerations the City Council needs to make regarding this application. The first is a determination by the City-Council that the application request for tax increment financing is consistent with the City's policy statement for the consideration and use of tax increment financing. Secondly, there are general agreements that will be required between the developer and the City that provide for certain financial guarantees if tax increment financing is to be considered. The third point is review by the Advisory Planning Commission. The Planning Commission is not required to hold a public hearing, however, in the past any tax increment financing application has been scheduled on a Planning Commission agenda for their review and input prior to a formal public hearing by the City Council. The City Council has two (2) alternatives if there is a general agreement to proceed forward with review of the application. The City Council can set a public hearing during • the month of January, which would allow for staff and Council review in November and December and a review by the Planning Commission at their December meeting. Simultaneously, the Economic Development Commission will provide any review and critique the City Council feels is necessary. The other choice is to acknowledge acceptance of the application and instruct the City staff and Economic Development Commission to review the application and present its findings to the City Council during early December, and then schedule the required public hearings to consider an economic development district and tax increment financing as proposed by the applicant. Either method is workable for the staff. The City Administrator and Director of Finance have scheduled a meeting with the City's fiscal representative and representatives of Tri-Land Partnership on Monday, November 6, to review the actual application. There may be additional information provided on Tuesday, November 7 on this issue. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge acceptance of the application for tax increment financing for the Eagan Center 5th Addition project and direct the City staff, Economic Development Commission and possibly Finance Committee to review the application and present a findings for further review and consideration by the City Council and, if the City Council desires at this time, to set a public hearing date for the January 16, 1990 City Council meeting. TRI-LAND COMPANIES Towne Centre Professional Bldg. Suite 202 1260 Yankee Doodle Road Eagan, MN 55121 612452-7850 October 30. 1986 Al �OP 1 Mr. Thomas Hedges City Administrator 3830 Pilot Knob Road Eagan. MN 55122 RE: TAX INCREMENT FINANCING/EAGAN CENTER Dear Tom: On behalf of Tri-Land Partnership of Eagan, I would like to request that the City Council of the City of Eagan set a Public Hearing to consider the request of Tri-Land Partnership of Eagan for tax increment financing for Eagan Center Fifth Addition. We are in the process of finalizing this application and plan to submit it to you prior to the meeting of November 9th. Please contact me should you require any further information at this time. It is my understanding that this matter will be con- sidered along with other consent agenda items on November 9th. and I will be present at the meeting should the Mayor and Council wish to direct any questions to me. Very truly yours. Brad ey J. enson �- BJS:alr ec5.of Agenda Information Memo November 9, 1989, City Council Meeting • RECEIVE BIDS/AWARD CONTRACTISTRATFORD OAKS F. Contract 89-24, Receive Bids/Award Contract, Stratford Oaks -Storm & Sanitary Sewer--This item was continued from the October 17, 1989, City Council meeting pending final plat approval of the above-referenced development. If the final plat, as presented earlier on the agenda, is not approved, the bids on this project should be rejected. ACTION TO BE CONSIDERED ON THIS ITEM: To award the contract to the low bidder and authorize the Mayor and City Clerk to execute all related documents/reject bids depending on outcome of final plat. • Agenda Information Memo • November 9, 1989 City Council Meeting 17tEi' 'BTI D ESS`: SELECT AUDIT FIRM A. Select Audit Firm--In keeping with the City's policy to periodically solicit a request for proposal an RFP was prepared for the services of an audit firm. The City has engaged the firm of Deloitte Haskins & Sells for two (2) three year contracts. There were nine (9) firms that were sent an RFP for providing audit services for the calendar years 1989, 1990 and 1991. The City received seven (7) responses of which three (3) firms were interviewed. Those firms interviewed on Monday, October 30 included Peat Marwick, Voto, Tautges, Redpath and Co. and Deloitte Haskins and Sells. The Finance Committee, City Councilmembers Egan and McCrea, were given proposals for the three (3) firms to be interviewed. The interviews were conducted by the City Administrator, Director of Finance and Assistant Director of Finance and the format included a presentation by each firm followed by a series of questions, see attachment on pages through The recommendation of the staff to again employ the firm of Deloit e Haskins and Sells for the next three audits was reviewed and the Finance Committee who concurred with the recommendation after a brief discussion of the process. The Finance • Committee is suggesting that additional information including graphs, charts and other data be included in future management letters as a part of the next three audits. In addition, there is a recommendation by the Finance Committee that the staff discuss user fees and other revenue sources with the audit firm given their experience of working with other communities. If any member of the City Council would like to review the proposal submitted by the final three (3) firms, feel free to contact the office of the City Administrator and a copy will be made available. ACTION TO BE CONSIDERED ON THIS ITEM: To designate the firm of Deloitte Haskins and Sells as the City's audit firm for the purpose of conducting an audit of all financial transactions for the years 1989, 1990 and 1991. • Interviewer AUDIT FIRM INTERVIEWS Schedule: 9:00 Peat Marwick • 10:00 Voto, Tautges, Redpath & Co. , Ltd. 11:00 Deloitte Haskins + Sells Interview: I. Firm to explain themselves and their services. (5 - 10 Minutes) II. Questions (15 - 20 Minutes) 1. What is the difference, if any, between a small local firm and a large international firm doing the audit for the City of Eagan? 2. From what you know about Eagan and its financial operations, what would make this a difficult audit? • 3. What would make it a simple audit? 4. Can you name one governmental client that you have added recently? One that you have lost recently? What are the circumstances of the changes? 5. Please explain your commitment to governmental auditing as a segment of your firm's business. Do you expect that to change? • 6. What assurance do we have that we will not be training inexperienced auditors (staff accountants)? • 7. Was there (is there) anything that appears to be troublesome in our request for proposals? 8. Is the audit approach/procedure modified by City or is it the same for all governmental clients? Are audit programs written specifically for government? 9. How is materiality defined as it relates to the auditing process? III. Follow-Up Questions/Discussion. (5 - 10 Minutes) Agenda Information Memo November 9, 1989 City Council Meeting ' AIRPORT RELATIONS COMMITTEE RECOMMENDATION/ . BRASLAU/COLLETTE CORRIDOR STUDY B. Recommendation, Airport Relations Committee, Braslau/Collette Corridor Study- -In official action taken at its special meeting of Monday, October 30, 1989, the Airport Relations Committee adopted a staff report and recommended a resolution for Council consideration regarding the Braslau/Collette Corridor Study Commission b the City of Mendota Heights. The resolution is enclosed for yo r review on pagZO� rrl the staff report is enclosed for your review on pages through The Council has previously received an executive summary of the staff report as an Informative item. In making its recommendation, the Committee considered the possibility of retaining a consultant to respond to the Mendota Heights report. It was determined not to recommend this action to the City Council as it was believed that the staff report adequately responds to the Braslau/Collette Study and that it would be more reasonable to wait for the MASAC Corridor Study report before considering expending additional funds in this regard. As is pointed out in the resolution, however, the Committee recommended that the City directly request that the Metropolitan Council be brought into this issue on an active basis and that its staff expertise be requested for this issue. A final recommendation was that the City withdraw its proposed compromise to Mendota Heights since such a position was not accepted by them and reconsider its original position . which was to re-establish the left turn procedures for the Corridor in their entirety in a manner consistent with historic precedent and regional planning assumptions. It was suggested that the specific nature of the City's position be revisited at a future Airport Relations Committee meeting if so desired by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To adopt the staff report in response to the Bras]au/Collette Corridor Study, 2) to approve or deny the resolution concerning the Bras]au/Coll ette Corridor Study as recommended by the Airport Relations Committee, and 3) to direct the Airport Relations Committee to review and recommend enhancements to the City's position concerning Corridor procedures. • �� l I RESOLUTION CONCERNING THE BRASLAU/COLLETTE CORRIDOR REPORT • COMMISSIONED BY THE CITY OF MENDOTA HEIGHTS Eagan, Minnesota WHEREAS, the Cities of Eagan and Mendota Heights have as their common boundary an area of land use generally compatible with aircraft overflight known as the Eagan-Mendota Heights Corridor; and, WHEREAS, the Minneapolis-St. Paul International Airport has promulgated runway use systems including the Preferential Runway System (PRS) which direct the largest proportion of air traffic to the southeast and toward that corridor; and, WHEREAS, the Cities of Eagan and Mendota Heights have expressed a desire in the past to work cooperatively with one another and with airport-related agencies to develop operational procedures which will relate fairly and equitably to that area of land use; and, WHEREAS, the Metropolitan Council has promulgated policy guidelines for the planning, development and redevelopment of noise impact areas; and, WHEREAS, the City of Mendota Heights commissioned a study of the Corridor through Dave Braslau and Associates and Robert • Collette; and, WHEREAS, the Braslau/Collette Corridor Study proposes a dramatic change in corridor procedures which would introduce broad new areas of the city of Eagan to severe noise impacts for which the noise compatible corridor was developed. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan finds the Braslau/Collette report to be factually flawed and holding out conclusions which are not supported by historical fact, regional policy and operational considerations; and, BE IT FURTHER RESOLVED that the City of Eagan strongly opposes the Braslau/Collette study and its proposed operational system and directs staff to represent such position in the strongest possible terms to the City of Mendota Heights, the Metropolitan Council, the Metropolitan Airports Commission, the Federal Aviation Administration and other interested parties; and, BE IT FURTHER RESOLVED that the City of Eagan urgently requests that the Metropolitan Council take an active role in the resolution of the Eagan-Mendota Heights Corridor issue as it directly pertains to the relationship between urban municipalities, the regional transportation system and regional land use policy; is and, I� BE IT FURTHER RESOLVED that the City of Mendota Heights be urged to set aside the Braslau/Collette study; and, BE IT FURTHER RESOLVED that the City of Eagan invite the City of Mendota Heights to participate in direct discussions of this issue; and, BE IT FURTHER RESOLVED that the City request that MASAC release its corridor report and move forward with its mediation of this issue. CITY OF EAGAN CITY COUNCIL By: Its Mayor Motion Made By: Attest: Its Clerk Seconded By: Those In Favor: Those Opposed: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of • Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of October, 1989. E. J. VanOverbeke, City Clerk City of Eagan MEMO TO: CITY ADMINISTRATOR HEDGES . FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: NOVEMBER 2, 1989 SUBJECT: DAVID BRASLAU ASSOCIATES/EAGAN-MENDOTA HEIGHTS CORRIDOR STUDY The purpose of this memo is to review the Corridor study prepared for the City of Mendota Heights by David Braslau Associates, Inc. and Robert Collette. The study is broken down into ten key issues and a proposal to modify procedures southeast of Minneapolis/St. Paul International Airport. The memorandum will review what is referred to in the study as ten critical issues, summarize and review the proposed operational change and suggest possible findings and direction for the City in light of this proposal. BACKGROUND As you will recall, the City of Mendota Heights was a participant in a joint study, the purpose of which was to recommend air traffic procedures southeast of the airport which would relate to the area compatible land use known as the Eagan/Mendota Heights Corridor. This study was requested by both cities in a joint resolution dated July 17, 1986 and August 5, 1986. At the conclusion, several things occurred. First, the Federal Aviation Administration, which had actively participated in study meetings and reviewed its alternatives for more than a year, stated that it could not operate under any of the alternatives which had been considered to that point. Second, the City of Mendota Heights rejected a compromise proposed by the City of Eagan based on alternatives prepared by staff members of each city. In the intervening period, the Metropolitan Aircraft Sound Abatement Council, through its Chair, Walter Rockenstein, has begun an effort to act as a mediator and suggest possible alternative solutions. In the meantime, the City of Mendota Heights commissioned its own study of the Corridor by Mr. Braslau and Mr. Collette. That study was presented for Mendota Heights Council's consideration at its September 19, 1989 meeting. The report was accepted and staff and the consultant were directed to prepare a resolution to request that the proposal made in the report be considered by MASAC and MAC for a 180 day test. SUMMARY The report reviews 10 issues relating either to the historical evolution of the compatible land use corridor and procedures or current operational constraints. The study concludes that the combination of post-deregulation traffic levels and FAA procedures cause the traditional Corridor concept to be outdated. As a consequence, the study proposes that in exchange for a stricter boundary on the Mendota Heights side of the Corridor during off- 1 C) peak hours, the FAA be allowed to fan aircraft from compass headings of 90 degrees to 150 degrees during eight peak hours of . the day. While this proposal would add no new impacts to Mendota Heights and would, in fact, reduce impacts in certain areas which expected them under regional planning guidelines, it creates a dramatic shift of traffic by a full 32 compass degrees south of the extended runway center line. This would open broad new areas of Eagan residential neighborhoods to severe noise impacts whenever the procedure would be in use. For a variety of reasons outlined below, implementation of such a proposal would result in the permanent and irreversible degradation of the Corridor concept. REVIEW OF ISSUES The study puts forth what it calls ten critical issues perceived to be pertinent to the Corridor concept. These are outlined below. Issue #1--Runway 11 L/29 R has been lengthened and improved for jet traffic. Assertions: 1) The Corridor procedures were established between May 22, 1973 and May 30, 1973. Comment: While the original concept of a left turn to avoid certain Eagan neighborhoods occurred in this time frame, the left turn procedure as a means to direct traffic to the middle of the noise compatible corridor was studied, refined and • reaffirmed numerous times in the years following 1973 . These studies included the Metropolitan Council-Metropolitan Airports Commission Noise Map Study which gave rise to the current Metropolitan Council Aviation Guidelines. Only in 1982 and 1984 when the effect of 90 degree safety separations north of the left turn procedure became obvious, did Mendota Heights raise concerns regarding the effect of the procedures. 2) The only discussion relative to protection for Mendota Heights residents was the ". . . consensus of the above group (of selected MAC, FAA and airline personnel) that it will not open up a new noise sensitive area. " Comment: Because these decisions were made in a regulated airline economy, traffic volumes were substantially below those experienced today. As a consequence, aircraft departing both runways could make a left turn toward the middle of the noise compatible area and avoid residential areas of both Eagan and Mendota Heights. Mendota Heights representatives were present at meetings at that time in which the impacts of the procedure were discussed and raised no objection to its consequences. Moreover, due to the lower level of traffic and the narrower area of operations, an environmental review by 2 C�� today's standards of the same facts, would not likely raise unusual concerns. 3) Today Eagan refers to the 11105 degree standard departure heading" and "historical boundaries", and "the defined 105 degree corridor", and "traditional corridor assumptions. " In reality the 105 degree heading was first applied sometime in the mid-1970's subsequent to the 1973 action noted above. Comment: The 105 degree heading evolved from the original left turn procedure and was a well known standard for operations from 1977 to 1984. It was the basis for the MC- MAC Noise Map Study, which defined regional, long-term land use policies for developing areas in the vicinity of the airport. MAC confirmed this heading as the appropriate basis for the study. Mendota Heights actively participated in this study. 4) It is misleading to portray this eight day action sixteen years ago made between May 22, 1973 and May 30, 1973 as the cornerstone of a well thought out long range policy. Comment: The study misleads by suggesting that decisions made in 1973 did not involve Mendota Heights and that Mendota Heights was not party to numerous decisions and studies which incorporated and refined these decisions over the years. It is further misleading to obscure the practical fact that the predominance of compatible land use consistent with ' overflights lies north of the extended runway centerline. A practical relationship between operations and this orientation was achieved by left turn procedures in the pre-deregulation period. 5) Mendota Height's environmental interests were conversationally dismissed as an afterthought in a single sentence. Comment: Mendota Height's MASAC representative, Larry Shaughnessy, was on the MASAC executive board at the time this issue was discussed. Mendota Heights was represented at MASAC meetings on May 22 , 1973 and July 19, 1973 when the issue was specifically discussed. In correspondence to the City of Mendota Heights dated May 30, 1973, Mr. Shaughnessy expressed no concern about Eagan's action, but did state that Mendota Heights "should continue our efforts to develop the southern areas of the village in a manner that is compatible with the operation of the (air) field. " Mendota Heights continued to be active in Corridor issues through MASAC. They were actively involved in the MC-MAC Noise Map Study and were aware of its assumptions. They agreed at the time that the 105 degree standard heading was 3 a fair middle of the Corridor based on the analysis of noise contours. Only when safety separations to 90 degrees began to be prevalent in 1982 and 1984, did Mendota Heights begin to experience disproportionate impacts. 6) Between 1973 and 1977 Runway 11 Left was lengthened and an ILS system was installed on the southeast end. Comment: Runway 11 Left was lengthened in 1973 and soon thereafter was carrying approximately half of all departures. Mr. Shaugnessy's May 30, 1973 letter to the Mendota Heights City Administrator minimizes the concern of Eagan residents by stating " (f)rom EaganIsstandpoint, the exposure (to noise) is actually reduced as the Runway 29R 11L has relieved the exclusive use of 29L 11R for jet traffic. " Far from being a new factor, 11L was fully operational as a departure runway in the mid-1970's. 7) In 1982 the hinge (the northernmost heading) had swung out to 90 degrees. Comment: The study implies that the broadening of operations to 90 degrees was a discretionary action by an unnamed party. It was, in fact, an incorporation of standard FAA procedure requiring 15 degree safety separations into the 105 degree procedure which had been developed by MAC and the FAA by 1977. The FAA would have included this as a safety valve for what were then rare and occasional, simultaneous departures. As a former FAA employee, the consultant would know this. In the post-deregulation period, this rarely used safety valve began to receive increasingly higher levels of use as simultaneous departures increased. Eagan has acknowledged in the past that the evolution of procedures which only permitted separations north of 105 degrees (the middle of the compatible land use) was inequitable. The purpose of the joint study was to define a means of equitably placing a fifteen degree separation area over that 105 degree middle. 8) In 1982 and 1984 the FAA agreed to limit the use of 90 degree headings to reduce impacts on Mendota Heights. Comment: In both cases, this was at the sole request of Mendota Heights. In the case of the resolution of June 20, 1984, they specifically requested a return to the 105 degree headings assumed in the Metropolitan Council contours, indicating that they viewed 105 degrees as the corridor assumption as well. 9) The current FHA Tower Order defines the Corridor as (11 right localizer) 118 degrees to 90 degrees. 4 , l C)7 l Comment: The Tower Order dated September 30, 1985 was first acknowledged publicly by the FAA in May, 1986 when the dual . control positions were established. This was a dramatic change from the Tower Order dated May 1, 1984. The change was implemented without public review and absent any MAC request for such a change of procedure. The FAA's rationale for this change was to minimize the use of 90 degree headings over Mendota Heights. In short, using Mendota Heights as a rationale, the FAA dramatically shifted traffic south of the left turn procedure. This returned Eagan to a situation which was unacceptable in 1973, only with more traffic. 10) The absence of long range planning to protect the interests of Mendota Heights is self-evident. Comment: The study ignores the fact that Mendota Heights has been actively involved in the discussions and decisions concerning both Corridor operations and land use compatibility. It is also questionable to contend that Mendota Heights has not been protected from outside decisions, when the City has chosen to encourage residential uses in known noise impact areas. Conclusion: The study disregards the fact that operational levels require more than 15 degrees divergence only 2 to 5 percent of the time. The purpose of the joint Eagan/Mendota Heights study was to define an equitable location for a standard 15 degree separation in the context of its noise impacts compared with Metropolitan Council land use contours. In adopting the joint resolution in 1986, Mendota Heights supported this purpose. Issue #2--The corridor boundary has remained fixed on the south but expanded to the north. Assertions: 1) By FAA definition, the boundaries of the "corridor" are magnetic bearings of 090 degrees . and 117.4 (degrees or the extended runway centerline) , and not 105 degrees. Comment: The 105 degree heading was a mechanism by which aircraft could be guaranteed to be north of the Runway 29L localizer. Over time, the 105 degree heading came to be acknowledged as a noise abatement track for both Eagan and Mendota Heights because it equitably avoided residential areas of both communities. Therefore, despite the absence of a defined boundary to the north, the function of the headings was obvious and equal for both communities. Its function was so well accepted that it became incorporated as the basis for regional land use planning contours under the MC-MAC noise map study. 5 �0� The study is fighting a moot point. Eagan has asserted since the commencement of the joint study that 105 degrees is the . middle of the corridor. While 105 degrees was a historic boundary, Eagan has acknowledged in the past that the current operations require more air space than was assumed with the noise map contours and asked Mendota Heights, MAC, the FAA, MPGA and Metropolitan Council to jointly study the issue to determine an equitable operational standard corresponding to the compatible land use area. A northern boundary for Mendota Heights was an assumption of that study. It is inappropriate, however, to blame another noise victim, namely Eagan, for the consequences of more operations. 2) A "defined, depicted and defended boundary" on the north side of the corridor is 16 years overdue. Comment: The study quotes FAA correspondence which defines a northern boundary, then proceeds to assert that such a boundary does not exist. As noted above, the 90 degree heading had been part of the corridor procedure as the safety separation from 105 degrees for at least 12 years. Again, the consultant's FAA background would make him aware of this fact. Moreover, the study concludes by accepting 90 degrees as the northern boundary in the proposed runway use system. Issue #3--The magnetic variation has placed the same aircraft heading further to the north over Mendota Heights. Assertions: 1) Tracks associated with magnetic headings have shifted to the north with magnetic variation and have increased the impact area in Mendota Heights. Comment: This assertion is true and Eagan has previously acknowledged the need to address it in a corridor procedure. Issue #4--The number of air carrier and jet operations at MSP have increased significantly since the implementation of the corridor. Assertions: 1) The original volumes on which the corridor were predicated are no longer valid. Comments: Increases in traffic volume do require the use of a wider operations area as simultaneous departures must separate by 15 compass degrees. This does not invalidate the land use decisions which have been made on the basis of these assumptions. It does imply a need to relate operations to the compatible land-use and regional policy. This situation was the basis for the proposed joint corridor study. 6 �01 2) Future volume demands placed on the corridor will almost certainly overwhelm today's system. Comment: The FAA asserts that parallel capacity is determined by the acceptance rate of arrivals. Only one departure can be safely inserted between successive pairs of arrivals in an ordinary peak hour. Since the FAA claims to be at its maximum acceptance rate during peak hours now, traffic volume growth will tend to fall into more hours of the day. Without extreme changes in FAA rules and aircraft performance, increased traffic cannot result in more aircraft per hour. This is an assertion which Mr. Collette himself made while at the FAA, therefore, wider areas of operation are not necessary for future traffic growth. Issue #S--The original policy contours do not necessarily represent current noise exposures on the ground. Assertions: 1) The Metropolitan Council policy contours are based on a heading 5 degrees north of runway heading. Comment: Without engaging in a discussion of semantics, the policy contours are in fact based on a heading 11 degrees north of extended runway center line. The variance with the above assertion occurs as a consequence of magnetic shift. It is important to understand, however, that the 105 degree . heading, as flown, lies 11 degrees north of center line at the middle of the corridor rather than 5. 2) Significant changes have occurred in airport operations and traffic levels even since the policy contours were adopted in 1983 . It would be helpful if the Policy Contours could be updated on a regular basis. Comment: Increased traffic volume has required a broader area of operation, impacting a broader area than that anticipated by the Met Council contours. The broader area of operations has not diminished the validity of the existing contours, but requires the consideration of operational scenarios which will equitably relate to them. If operations must impact broader areas, it should do so such that the impacts extend beyond the existing contours in an equitable fashion. 3) It may be necessary to provide some flexibility in land use planning or increase the area of protection to accommodate more changes in the future. Comment: It is ironic that the study would make this assertion since Mendota Heights' own decisions to permit and 7 �V encourage residential development within the policy contours have likewise occurred since 1983. If Mendota Heights were to exercise a more flexible approach or expand the buffer area of compatible land uses within the Policy contours, the corridor might be better able to absorb current traffic. 4) Any "rational integration of operational changes (with) in- place restrictions" insures that the status quo is maintained in Eagan's favor. Comment: Eagan's proposal has been to relate operations to known regional planning policy, which rationally related to areas of generally compatible land use or undeveloped property. The extent to which this position benefits Eagan more than Mendota Heights lies primarily in Mendota Heights' decision to encourage residential development in noise impact areas. 5) An equitable focus for a 15 degree area of operations does not exist within the framework of current airport operations. Comment: This assertion ignores that fact that 15 degree separations are sufficient 95 to 98 percent of the time based upon MAC's summary of corridor issues from the joint corridor study. This assertion presumes that all flight tracks create equal impacts regardless of concentrations of traffic along them or their distance from runway end. This is incorrect. The FAA can concentrate most traffic in a 15 degree area and an equitable focus for the noise impacts of such an area is precisely what will relate to the compatible land use corridor as it has evolved over time. 6) The policy contours do not account for post deregulation traffic changes. Comment: While the contours do need to be updated, there is an obligation on the part of the system to relate operations in an equitable fashion to existing land use assumptions and regional policies. In this way, the impact of a broader area of operations would treat adjacent cities fairly. 7) The Minneapolis Tower management had no input on operational concerns during the MC-MAC Noise Map Study. Comment: The implication is that the FAA was not consulted and, therefore, the noise map was not sound policy. In fact, the FAA was a part of the technical review team for the MC- MAC Study. In the Metropolitan Noise Map Project Report of December, 1978, it states: "For this study, flight track data was developed based upon extensive discussion with FAA air traffic control personnel and others knowledgeable about the airport operation. Flight track information was also verified by the FAA. " 8 Even if the consultants continue to deny FAA participation, the agency was well aware of the purpose of the study and should have behaved responsibly by ensuring that the assumptions of the study were correct. It takes a dramatic leap of logic to believe that a major inter-agency study would not have ensured that the best available information was used. 8) It is counter productive to focus on the outdated policy contours to the exclusion of other concerns. Comment: It is not logical to deny the reality of noise impact and promote incompatible land uses. In addition, the study says the contours are outdated because traffic impacts a larger area. This does not support a conclusion to permit residential development within the existing contours. 9) Mendota Heights has: 1. Worked with the Metropolitan Council and local legislators to achieve passage of statutory authority to adopt the building restrictions contained in the (Met Council) Guidelines. Comment: This was necessary to adopt an ordinance more strict than the state building code. 2. Been the only community to adopt the Metropolitan ' Council 's model noise ordinance for promoting compatibility. Comment: This was a requirement of the Met Council for passage of Mendota Heights' Southeast Area Comprehensive Guide Amendment. This was necessary because Mendota Heights was the only community requesting approval of a guide plan amendment opening up large areas of new residential development within the policy contours. 3. Amended the City's Comprehensive Land Use Plan to be consistent with the restrictions in the Guidelines. Specifically, a 20 acre parcel within Noise Zone 3 was changed from single family residential to office. Also multi-family, rather than single family uses are promoted in much of Noise Zone 4. Comment: No residential uses are "consistent" with the guidelines for any of the noise zones. Only through sound transmission reductions and other design features in the Model Noise Ordinance are residential uses permitted as being "conditional" or "provisional" within the contours. 9 1 �i� Despite the model noise ordinance, the townhouse and single family developments in Noise Zone 4 have dramatic noise exposure and have been used in previous Mendota Heights position statements as a reason to shift traffic south. 4. Initiated discussions with home owners in the western part of the City (in the Ldn 65 contour and Policy Contour Zone 3) about buying out properties impacted by aircraft noise. Comment: This is laudable and should be encouraged. Unfortunately, Mendota Heights' staff has indicated that the likely replacement use will be multi-family residential which should be discouraged. 10) The concentration of the worst impacts of aircraft noise at the middle of the corridor is unattainable. Comment: A review of flight track maps clearly show that concentrations toward the middle of the corridor continue to exist. Further, a review of L10 contours of current operations will show that noise impacts tend to collapse toward the middle of an area of operations unless it is broadly distributed. In addition, if propeller aircraft are directed out of the corridor, still tighter concentration may be feasible. Issue #6--Runway assignments are now based on direction of flight and hence Runway 11L receives relatively more traffic than in the early 19701s. 1) Under current operational procedures, departures are balanced between the two parallels. Comment: This has been the eneral pattern since the g extension of Runway 11L to a full capacity runway in 1973. Equal use of the two runways was an assumption of the MC-MAC Noise Map Study beginning in the late 19701s. 2) Runway 11L has become a full capacity runway, yet no northern corridor boundary is defined, depicted or defended. Comment: Runway 11L has operated on departure at parity with Runway 11R since the mid-1970's. Again, by the study's own assertion above, a 90 degree boundary does exist and the study recommends it as the peak hour boundary under its proposal. Issue #7--Creation of air carrier hubs has lead to intense periods of arrival and departure activity not present when the Corridor was established. 10 M Assertions: 1) The increased ratio of slower commuter aircraft and high performance turbo jets will increase requirements to fan departures. Comment: The higher ratio of propeller driven commuter and general aviation aircraft are not constrained by current Corridor procedures and may fan away from the faster traffic. This has been a condition of the Tower Orders for many years. If propeller traffic is fanned the remaining 1/2 to 2/3 of the peak hour departures are turbo jet aircraft which need to be concentrated in the Corridor. While the mix is not evenly spaced across an hour, it does create opportunities for increased flexibility and tighter operations for the remaining turbo jet aircraft. 2) The Corridor will eventually be unable to accept traffic increases. Comment: Again, as above, runway capacities are defined by the arrival acceptance rate and dramatic increases in traffic will equate to more peak hours as current peak hours remain saturated. Issue #8--Dual local control positions now give each of the parallel runways equal status in the air traffic control system. Assertions: 1) The dual control positions have resulted in each runway being assigned one of the two diverging separation headings for their operations. Comment: The dual control positions and the change in the Tower Order dated September 30, 1985 resulted in the tower fanning operations from the 11R localizer to 90 degrees. Most of the time, however, it is only necessary to fan approximately 15 degrees. 2) The exchange of traffic information between dual local controls is unmanageable. Comment: By implication this prevents the coordination necessary to allow greater use of 105 degree headings during peak hours, even if separations are not warranted by individual operations. Therefore, a fifteen degree fan must be anticipated for all peak hour operations. 3) The original premise upon which the corridor was predicated in 1973 has been made obsolete by the air traffic control changes of the 19801s, in addition to volume and airport changes. Comment: While traffic demands may make the corridor's 11 historic headings unusable during peak hours, this does not make the premise of the corridor obsolete. The premise of the corridor was to relate compatible land use to operations and vice versa. Incidentally, this is a fair paraphrase of the FAA's long held policy on noise abatement. If Mr. Collette indeed intended to state that air traffic control changes have made the corridor obsolete, it follows that the FAA is responsible for the consequences of these actions. This includes, but is not limited to environmental review, financial and operational mitigation measures, public notice of such changes and the like. The FAA itself has been unwilling to assume any responsibility for these changes or their effect on the corridor. Issue #9--Realignment of the major runway at St. Paul downtown airport presents a potential conflict with aircraft departing to the east. Assertions: 1) The 32 Runway Project and ILS were installed despite the 1975 FAA Airspace Feasibility Study recommending it not be endorsed. Comment: The FAA anticipated airspace conflicts in 1975 but did not forward these concerns to MAC for consideration in future planning. 2) The Runway 32 ILS interferes with Corridor procedures. Comment: The Runway 32 ILS interferes primarily with the 90 degree heading. It is a factor which establishes this heading as an operational boundary. Its effects on other headings are more limited as the difference in angles results in greater distances between parallel runway ends and the Runway 32 glide slope. 3) If future increases in traffic occur . . . the ILS 32 system will become a major inhibitor of the use of the corridor. Note: The situation in which this must occur is: a) Departures on MSP Runways 11L and 11R to the southeast, b) arrivals on St. Paul Runway 32 to the northwest and C) weather less than 3, 000 feet and 3 miles visibility. Comment: The FAA air traffic control tower states this circumstance affects the airspace about 5 to 10 percent of the time. Alternatives to delays at Minneapolis/St. Paul when this configuration is in place include holding 32 traffic and sequencing it between 11 departures and the use of a non- directional beam to set up Runway 32 approaches. Rather than being an insurmountable problem, options exist to allow both 12 C airports to operate with minimal delays even under these circumstances. 4) MAC policy to increase the use of reliever airports will exacerbate the problem. Comment: This may be true, but the MSP strategy to shift traffic has not been successful to date. Moreover, if MAC policies conflict, emphasis should be given to alleviating noise at MSP since it is the principle noise nuisance in the system. Moreover, the FAA refuses to undertake actions to direct general aviation traffic to the relievers. 5) The conflict between Runway 11 left and right departures and the Runway 32 ILS affects commuters and other prop planes with low climb rates the most. Only turbo jet aircraft can be expected to climb over the Runway 32 ILS without difficulty. Comment: As was stated above, propeller aircraft are exempt from Corridor requirements and can be given headings which avoid the conflict. Since the study asserts that turbo jet aircraft can easily climb above the 32 ILS, it does not appear to be a problem for the most noise offensive Corridor departures. Issue #10--The preferential runway system and the Corridor is coming under increased pressure and scrutiny as peak traffic flows intensify. Assertions: 1) Both Eagan and Mendota Heights have supported the preferential runway as a reasonable, if imperfect, pattern for aircraft noise distribution. Comment: This is true. However, support for the preferential runway system has been contingent upon a rational use of the compatible land use area, absent which such support may be reconsidered. 2) The study proposal does not do away with the Corridor concept. Comment: By encouraging operations well beyond the boundaries of the regional planning contours, the proposal would dramatically diminish the effectiveness of the Corridor. In point of fact, adoption of the proposal would spell the end for any operational compatibility with noise compatible land uses. 13 PROPOSAL The proposal being recommended by Mendota Heights is outlined in the attached correspondence from David Braslau Associates, which covers his proposed Mendota Heights resolution regarding this issue. As can be seen, the proposal prescribes the traditional 105 degree heading as the north boundary for operations during non- peak hours and 120 degrees (south of runway centerline) as the south boundary. This would establish at least a 5 degree buffer for Mendota Heights neighborhoods at a distance of 3 miles from runway end while directly overflying certain traditional Eagan neighborhoods at 2 miles from runway end. It further proposes that during 8 peak hour periods during the day, the use of a fanned corridor from 90 degrees to 150 degrees be implemented. This would create no new noise impacts for Mendota Heights while opening dramatic new areas of impact in Eagan. It goes on to require the depiction of the 15 degree Corridor on radar video maps and the procedure be tested in a manner similar to the Crossland Runway Use System Test recently completed. Observations concerning the ten issues above and this proposal are outlined below. GENERAL OBSERVATIONS 1. It is obvious that Mendota Heights is receiving extremely poor advice from its consultant. The document as presented lacks a command of the facts and obscures pertinent issues while overstating the impact of less pertinent ones. It also appears to attempt to build a case for a pre-supposed outcome rather than objectively reviewing the facts and deducing conclusions from them. The concept of right turns away from the compatible land use corridor as a means of fitting the remaining traffic in the Corridor is not new. The FAA has made numerous attempts to dismantle the Corridor by suggesting this technique in the recent past. As was noted above, the FAA shifted standard operational procedures north and south from 105 degrees such that operations now fan from 90 degrees to the 11R localizer. This was done without any public process despite the fact that this heading was the assumption used in the regional planning process. The FAA also inserted the concept of exempting Stage 3 aircraft from Corridor procedures in the Part 150 Study. On at least two occasions, the FAA has suggested to Eagan residents that the City should permit a 160 degree track for departures through the middle of Eagan to allow the remainder of the traffic to be more concentrated in the Corridor. Moreover, agency representatives have stated that they would no longer agree to Corridor procedures if they had not been agreed to in the past. Therefore, it is not surprising that a study done in part by a retired FAA tower employee would propose virtually the same thing. 14 2. The study refuses to consider the relationship of its proposal to either regional land use policy or compatible land uses. Mendota Heights has permitted unprecedented expansion of residential uses in previously undeveloped areas in known noise impact areas. The actions of one community to unilaterally redefine noise impact areas should not be rewarded by dramatic shifts in operations. Rather, each community should deal with the consequences of its own decisions. The study labors under the illusion that if compatible land use does exist, it lies along the extended centerlines of the runways. Thus, it asserts that 30 degree fans in both directions represent an equitable procedure. Any objective review of compatible land uses will find that it lies generally north of the centerlines and that the middle of the Corridor lies approximately 11 degrees north of centerline at about 105 degrees. That is why parallel 105 degree headings were a reasonable basis for regional policy. Despite the study's insistence that the contours no longer describe noise impact, any new contours logically must be based on procedures which relate to this assumption. 3. The study contends that the interests of Mendota Heights have not been represented in any of the Corridor decisions since 1973 and that as a consequence, Mendota Heights is entitled to special consideration in the future. This is clearly not supported by the facts. Mendota Heights was an active participant in virtually all decisions, studies and environmental reviews related to the airport, including those in 1973, the Noise Map Project and the Joint Corridor Study. 4 . The study disregards existing data concerning the disproportionate noise impact in Eagan residential areas adjacent to the Corridor. While the L10 65 contour is an important decision-making tool, it represents only peak hour periods of the day when the impact on Mendota Heights is the worst. In contrast, certain Eagan neighborhoods are exposed to virtually constant noise from arrivals and departures on and off-peak. The Ldn 65 contour does understate the full effect of noise impacts, but it also takes into account all hours of the day and night as well as the impacts of arrivals and departures. Such a contour clearly shows the impacts are worse to the south. The study somewhat conversationally dismisses the use of the Ldn contour as a decision-making tool. The study makes no attempt to compare its proposal to either existing impacts or regional policy. Instead it depicts the proposal 's relationship to contours developed in the joint corridor study. These contours had already incorporated changes to the benefit of Mendota Heights. The proposal would 15 shift impact even farther south than these contours. 5. While the study does not address this fact, FAA policy states that the primary mechanism for noise abatement is the development of compatible land uses in areas surrounding airports. This study makes no attempt to define where the compatible land uses are, nor does it really acknowledge that operations ought to relate to them. Rather, it describes such expectations as being outmoded and unreasonable. There is probably nothing more reasonable than expecting an agency to responsibly use that which it asks for. 6. The study also disregards the effect that concentrations of traffic have along particular flight tracks. It seems to assert that flight tracks which are used virtually all the time for both arrivals and departures are similar to flight tracks which are used only periodically for departures and then in lower concentrations. In fact, most Metropolitan Airports Commission track maps demonstrate that most traffic can be constrained within an area of operations roughly 15 degrees wide, with an occasional separation beyond this area. It is possible that the direction of propeller planes to headings outside of the corridor would allow this concentration to be even tighter. To suggest a 60 degree operational area when a 15 degree area compatible with regional policy can be used more than 95% of the time, is not related to the facts. 7. Even if the fanning of traffic were acceptable on a limited basis as the study proposes, the eight hour limit the study suggests is unachievable. At present, there are only rules requiring FAA environmental reviews if a change in operations opens up new noise sensitive areas to overflight at less than 3, 000' in altitude. Additional hours of exposure or different times of day do not require environmental review. Therefore, once procedures are established, they can be expanded without public process. Mendota Heights has already been a victim to this. The 90 degree heading changed from a rarely used safety valve to a source of aggravation without any public or environmental review. It is also uncertain whether the FAA could enter into such a time limit agreement. Based on previous assertions, the FAA contends that the safe and efficient conduct of interstate commerce in a deregulated economy supercedes local agreements and regulations. While the FAA does utilize certain noise abatement procedures at the request of the MAC, it has not accepted night-time restrictions, general aviation restrictions or flight training restrictions. As has been pointed out above, the peak hours are saturated. No additional traffic can be accommodated in a given hour. 16 t vJ/ Future increases in volume will translate into more peak hours. If the FAA is not bound by an eight hour agreement and it's not compelled to do environmental reviews where overflights currently occur, neighborhoods throughout Eagan, including some less than 1; miles from the runway end could be exposed to almost constant noise. This could occur without any public process or input as a bureaucratic decision by the FAA. 8. Perhaps the most troubling aspect of this study is that it contributes to the divisive situation in which cities active in the airport noise issue so frequently find themselves. Whether by design or not the FAA seems able to avoid responsibility in specific policy areas while cities seem compelled to argue with one another in an attempt to resolve these issues. Numerous attempts have been made to combine the interests of the cities and to focus on the point of the issue which is, "how can the airport and the FAA deal with post deregulation traffic levels in a manner consistent with the communities which surround it?" Eagan had hoped that such divisiveness could be avoided by a joint corridor study. Unfortunately, in a somewhat emotional tone the Braslau/Collette study attempts to take the City of Eagan to task for everything from regional land use policy to the effects of deregulation. This divides the cities rather than encourages joint resolution among all affected parties. This is not reasonable and is not a sound basis for policy formation. CONCLUSION It would appear from the foregoing that there are limited grounds for agreement. I do not believe that this is the case. While the concept of a broad fan approach is clearly not consistent with FAA noise abatement policy, regional land use policy or the intent of those who made responsible land use decisions, there appear to be some grounds for consensus. If Mendota Heights would prefer fanning during the peak hours on their side of the corridor to disperse impact, that would have no effect on Eagan. As the study points out, the traffic on the two runways is evenly balanced. Therefore, they probably can be treated separately and be flown in two distinct ways. This is not much different than what is done now. In addition, the proposal to define a 15 degree area of operations for off-peak hours is precisely what was intended by the joint corridor study. If Mendota Heights would be willing to return to the table with Eagan and all other related agencies, we may be able to resolve this issue. Eagan would also be well served by a depiction of the 15 degree cone on the radar screen as the proposal suggests. 17 dV — Let me stress that I feel very strongly that all communities around the airport should behave in a cooperative fashion with respect to the airport issue. It is unfortunate that the study that Mendota Heights commissioned chose to take an aggressive tone and in spite of the study I believe that the cities can once again work cooperatively as neighbors. By way of action steps, in addition to a resolution in this regard, staff has contacted the Metropolitan Council and has requested its participation in discussions concerning this matter. While Mendota Heights' consultant has outlined a course of action which purposely excludes the Metropolitan Council for obvious reasons, I do not believe that any action will be taken without their input. I will keep you apprised of further developments in this regard. As 'stant to the City Administrator JDH/vmd/jeh 18 C-)- t • CLI \O O L • T *4 _ N C d • t Lr +� V O Ln 0 too e ' � •1�-f Q T � � Q� ♦- ! •• co 7 I 1 • � t cu 0 j ice; ��+�-y•. t t _ ••• • �--/�' ' • Tri+ .� t0 O C O so 1 `� J '�.. ' • W .. ti fu IIA 7/ 1 Tri IF y ti t. 2.16 '� eL devid brsaleu associates, inaorPcreted -4571 t 4 • tLetevho^e. 6 8-33 1313 nth street s.s. • suits 322 mtnnsepotfs,r*+^ 5S4 _ Z. ' 25 September 1989 James E. Danielson, f.E. Director of public Works City of Kendoto Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Esgan/Hendota Heights Corridor - Proposed Resolution Dear Jim: d a draft resolution for review by the Mendota Heights City please find attache Council. t art of the resolution is based t on ccrridorcwaeion of basic first established The firs p stem, The and the changes which have occurred since Corridor Sy The second part of the resolution describes the proposed o o Corridor System has been modified fterto ninformal clude the discussions withthe propose10 d the City Council. A aries as requested by teveral other modifications of our Tower and KLum rridor eve een made. Each of the points of the proposed Co ..� FM, RAC Noise Abatao�ent origina propose System are discussed briefly below. 1, 15° Corridor Defined ° wide corridor are proposed as 105° on the north The boundaries of a 15 placement of • o the south. because the current lecuiied. heading is pla slight and 120 on be r q olitan Aircraft Sound modifications of corridor by besdetermiyned by the Ketrop ced the corridor trill ultimately Abatement Council Operations Committee but Nei Heights andl�6 n o minimize over, flights of residential land uses in Men 2. •15° Corridor Use Defined ° corridor is to be used for K It n i.e. during a peak and departures when- The e 1S artureperiods (see ever traffic volumes permit. Iten 5 below) . Fanned Corridor Defined 3. fanned corridor to obe used during peak,:departureoperioda is define The fa of 150'5, providing nearly an.`. Specific flight tracks are with a north boundary of 090 and Heights and Esg r. equal segments in both ll require 15° separation. rot defined here but will req .� s 'James E. Danielson 1989 28 September - � Page 2 ;` . •. y, Nighttime Use of 150 Corridor Required es after 10100 pa treat$ a larger noise impact area because of Departur nighttime flights shall be the nijhttioe 10 dBA noise penalty. Thar$foze `4 kept within the 150 corridor. s, rower Determination of Peak Departure p$riode/Lise of Fanned Corridor Determination of when peak departur$ peri.oda begin and and shall be the concern responsibility of !!SP Tower staff. he Towerouldies�elf be ome an asthe $•hour cap on use of the fanned torrid or start/stop time and compliance and could inhibit interstate come►erce. 6. Depiction of 150 Corridor on Radar Video !taps The 150 corridor would be depicted on radar video maps to precisely define the corridor boundaries. 7, proposed 180-day Test it pa While a 360-day test Would encomss a greater range of conditions , lt that, with the Tiew per- would also extend the $valuation period. uffieient datatcouldis ebe collected and analyzed sanest monitoring system, s within the 160-day period. Doth Bob Collette and I will attend the October Sth meeting and will be prepared to answer questions concerning the resolution. Please let me know if you have any questions before then. y Sincerely, David Braslau President Encl. . r E: CITY OF MXNUOTA IiExGHTS OhXOTA COUNTY, MINNESOTA RESOLUTION NO. 89' RESOLUTION RECORMWAS ENDING REVISED pKOCEDUREs >E'OR TH£ .EtrAN/ END0TA 1 EIG11TS RST CORRIDOR AN TO REFLECT CKGES SINCE THE CORRIDOR IkIRFI AND PROVIDING h MORE EQUITABLE DISTRAD'EITSFANpEA N NOISE BETWEEN THE CITIES of MENDOT • .a • . short runway shad Runway'11L�29R was a � WHEREAS, when the Corridor was establi rimaril for propeller aircraft Vi th little or no air carrier et dcpsr• used p Y 3 tures, and. ' a southern boundary has VHEREAS, the term "Corridor" is a misnomer since a y• all defined while the northern "bounder has continued to move been formY and, north over time , laced flight WHEREAS , changes in tsagnetie declination to the north have p tracks further to the north each year, and, 'will eventually overwhelm WHEREAS , forecast increases in airport operations ears and, to be'prudent, the corridor and long-range planning app hourly de ar.1. (1n terms of 1,10) has the north beyond the Metropolitan Continued to rove ' olicy eon- V1IEREAS, the noise contour reflecting ho y P Councils p to tour, and, vamp AS, Runway 1departures although there is 1L now takes an equal share of less demand for turns to the north, and more intense under the airline hub- WHEREAS , peak arrivals and departures are bin& concept than in the past, and, ence of aircraft departing the parallel VIIEREAS, this leads to required divergthis forces aircraft further runway■ and with the southern boundary fixed. north, and, runway of the prieezY instru tre�Es andat St. Paul increases WHEREAS , realignment potential conflicts vith MSP eastbound doper as sevieed by the new Runway Use WHEREAS, the YRS (Preferential Runway System) greater emphasis on use of the no the corridor and over which Te gystea places 6ent tracks vi.hi leads to an increase in divar� Mendota heights; in aircraft operations within BE IT RESOLVED BY THE CITY es UIaCIL OF THE CITY OF MENDO NOV,11EI Tf1EREFORE that the following Bhang HEIGHTS, MINNESOTA,Heights Corridor be eubmittl.m.nt�tio�etropolitan Aircraft the Estan/Mendota Heig sound Abatement Council for evaluation and p 1 paOPOSED LACAN/1O:NDOTA HEIGHTS CORRIWDR SYSTEM '1S ° Corridor', shall be defined on the north as a Magnetic L/29R and bearing of 105° .from the southeast end of" f oID thalsouth�et on the south as`a Magnetic bearing of'1 ac*sent of the e and of Runway 11R/29L. The finale o olitan Aircraft sound ridor shall be determined by the K „,P Abatement Council Operations Comsitt", r e given firsr.;priority for departures 2. The 15 Corridor. shall be g permit. from Runvays 11R and 11L whenever traffic volumes 9. A "Fanned Corridor" shall be definedion the north as a Mag' retic bearing of 0900 from the netichbeareasti$ ofnd °150 Runway 11L/29R and on the south as a Mag the southeast end of Runway 11R/29L. be permitted between 4, Use of the tanned m°andd7r00shall (2200 to 0700 local time) . the hours of 10 P ,e KS Tower shall determine when peak departure periods T.a- 5. -5. " ,,k dqz .,Y rr . quire use of the "Fanned Cosp4. f~f?1e of- 6 AA4K pre Sj),li not e-yceed G A55re 6 The boundaries of the 15° Corridor shall be depicted on radar video maps . 7 . A ISO-datest shall be conducted to answer Corridor Sy stem Y the following questions: s) Does the Corridor System lead to a more equitable dis' tribution of noise between Mendota Heights and Eagan? b) Is the Corridor System operationally feasible? the City of Mendota Heights this 3rd day Adopted by the City Council of of October, 1989• CITY COUNCIL CITY OF MENDOTA HEIGHTS by Charles E. Mertey7sott0, Mayor ATTEST: City Clerk Kathleen M. Swanson, Agenda Information Memo November 9, 1989 City Council Meeting EXTENSION PRELIMINARY PLAT/HIGHVIEW PARK C. Extension of Preliminary Plat Approval, Highview Park--The developer of the Highview Park Addition project is requesting an extension for the preliminary plat. The preliminary plat approval for this project expired on August 16, 1989. Application for the final plat was submitted on August 2, and is currently pending. During staff review of the final plat it was realized that that preliminary plat had expired which is an oversight on the part of the developer and therefore, the request for an extension. It should also be noted that at the time of the preliminary plat review, staff, members of the Advisory Planning Commission and Advisory Parks and Recreation Commission recommended several conditions of approval. The City Council minutes, however, indicate that the preliminary plat was approved without conditions. Should the City Council approve the requested plat extension, the staff is recommending that the conditions as originally suggested be included in this action. Those conditions are as follows: 1) the standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: al, bl, b2, cl, c2, c4, dl, el, fl and gl. 2) The building set-back shall a on n imaginary line between the existing homes on Lots 6 and 7 (see enclosed page). 3) No set-back variances shall be allowed for newly created homesites (Lots 1 and 2). 4) Lots 1 and 2 shall connect to City utilities. 5) The development shall provide a storm sewer outlet to the existing low areas in the areas of Lots 1 and 2 or provide a grading plan demonstrating adequate drainage for the area. 6) The developer shall provide a 20 foot trail easement between proposed Lots 1 and 2. Enclosed on page ,�N a request by the developer for the extension. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an extension for the preliminary plat entitled Highview Park Addition. Sa3NNTId!Sa33NIDN3/saa3nans • z • :&F j Por'd 10M.Lftpo P►011G*&3 z ► 2 ♦ f o SNI'b .r.r..11 A MM N M w., v ► .7 Mu3mns GNvq-lal `� ry wl.r.•••••,►..� r.».w■ Od OwCe,�Or �sevnmriy0 ' 'p V :.7,.T,".,w L''•n M«. At�,W7 Zr"'� As!`IM�W/,3dd 1� e g- I • Q N I� 2 ' H ��i I ti /n/ � � ��' � /�'•-� � Ufa W a:a E •a , 1 • - i � ' / I to f it to• a y a � Z p ' J .. L)hA TRI-LAND COMPANIES Towne Centre Professional Bldg. Suite 202 1260 Yankee Doodle Road Eagan, MN 55121 November 2. 198,4 612452-7850 Jim Sturm CITY OF EAGAN 3830 Pilot Knob Road Eagan. MN 55122 RE: HIGHVIEW ACRES i Dear Jim: Our client. Gloria Fritz and Dr. Mildred Hanson, received preliminary plat approval from the City Council for Highview Acres on August 16, 1988. The final plat application was sub- mitted on August 2. 1989. Due to the fact that the City of Eagan did not have ample time to review and grant final plat approval for this subdivision within one year of preliminary plat approval by the City Council, Tri-Land would like to request an extension of preliminary plat for Highview Acres. All applications and fees have been submitted to the City of Eagan for final plat ap- proval and it is anticipated that final plat approval can be granted before the end of the year. Please contact me should you have any questions regarding this matter. Vey ru y yours, anon K. Swen on SKS:alr I Agenda Information Memo November 9, 1989 City Council Meeting SPECIAL BUNTING SEASON PERMIT D. Request for a Special Hunting Season Permit for Richard Maurer--The City has received a request from Mr. Richard Maurer, Jr. who resides at 3370 Lexington Avenue to use two contiguous parcels owned by Harold Becker and Jerry Scott Krueger to bow hunt. Mr. Maurer has submitted a letter with attachments that provide signed authorization by both Mr. Krueger and Mr. Beer. For a copy of that letter and attachments, refer to pages _4.!� through The Police Department will review the subject property with Mr. Maurer, and if the license is to be granted, it is recommended that similar criteria as extended recently to Mr. Yanta and Mr. Freundschuh be added as a condition of approval. Regarding specific dates for the special hunt this information will be included with the Administrative Agenda or at the City Council meeting on Thursday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special deer hunt request by Mr. Richard Maurer, Jr. for property owned by Harold Becker and Jerry Scott Krueger. SPECIAL NOTE: Mr. Maurer would also hunt on his property which is also contiguous with the Becker's and Krueger's as shown on the attachments. Yl I 7- t ��y V- uo, r f-c( � ,5 f vj� c tY e- 1,11::-) 6i-pll f, i— (v c v 0 uj ke �/,f J--o T a e 4 C-,5 t', ct v y c� Lk ck `� �. r E v1 S -F© G- k er r vt -die l -� c k b C14y uj � y 4 Plo 0 t- cyr -C(O O�,A 6 PC J re r 1,1 f- k, a M vi LA 0 //Y., tiexf ( G. cti 5 (- y a CN PA cR c" f' ck. c Lk �- �� e c�e ev, c, I� �- �c w� Cay �.� G�, o� v, e Ck rr I U9 a Z U Pew (v 'e- < < !f r0 w I tl y s �=r;7 s a s f G ; s C( re -� t o e e P-- w ((,% l Fri k c fo 13 or l .5 C r LI, -e l a F f rt rvu fz C) 0 s ev�A , W G y 5 c Y 'r Li 5c, /'Cc / 0 C /* T � o OPP �1y e ell-- 5 cc% e C', CL l . c a y 1 5q ) : ' P6 v Mot y y y y f i �z ��3 Cl ( � may? 7�2 lzj,�C ( n-e /? 1,,2o �(?. .tpc a,L eG7 Com? cyf Jut) Awd G v 7J'I � VC1 C�G �2 (O 7 it l� 1 i I ! O L'r l ' r vul vi /64ti r�,e 01 k CYS s Agenda Information Memo November 9, 1989 City Council Meeting CONDITIONAL USE PERMIT/EAGAN CENTER ASSOCIATESIDAY CARE FACILITY E. Conditional Use Permit, Eagan Center Associates, to Allow a Day Care Facility in a CSC District--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on October 24, 1989, to consider an application for a conditional use permit to allow a day care facility in a CSC district located on Lot 1, Block 1, Thomas Lake Center Addition, along the north side of Cliff Road, west of Thomas Lake Road. This item was approved on a four to three vote and therefore recommended for approval to the City Council. For additional information on this item, refer a.report prepared by the Planning Department enclosed on pages -f=r through For a copy of the APC minutes on this item, refer to pages through 1q1- ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow a day care facility in a CSC zoning district for Eagan Center Associates at Lot 1, Block 1, Thomas Lake Center. 3� CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: EAGAN CENTER ASSOCIATES LOCATION: LOT 1# BLOCK 1, THOMAS LAKE CENTER EXISTING ZONING: CBC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: OCTOBER 24, 1989 DATE OF REPORT: OCTOBER 16, 1989 COMPILED BY: PLANNING DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting a Conditional Use Permit to allow a day-care facility in a CSC zoning district. COMMENTS A proposed day-care facility, tentatively named Begin With Us, has been proposed for Thomas Lake Center. The total square footage for the facility is approximately 5003.75 square feet, with 1,240 square feet for the proposed outdoor play area in the rear of the building. The rear side of the building will primarily be used for the unloading of trucks or other delivery vehicles. The playground area will be located adjacent to the building, taking up approximately four parking spaces extending twenty-six feet from the building. The area will be completely fenced in by a six-foot cyclone fence. Services will be provided to 125 children and the center will employ eleven full-time employees and five part-time employees. The center will be open Monday through Friday only--no Saturdays or Sundays. If approved, this Conditional Use Permit shall be subject to all applicable code requirements. Iq_e1 43192M NMP t467 ?CNtN6 W ,.o s LAW RK Lowy LA Ar,cM[s `• ;, A1C ?;, PARK .,. j l ie, NW i NE fit, I , � 3 � R. FINANCIAL OBLIGATION: r No financial obligation is computed, because all charges have been completed in the past. l � , _� lt-==n-e1 - `. 1 _ u t AN CO t sAta � t t ♦p6 _ 1 �J It b9a — ........... oy•��t '�, 1 ! -- •_ � � tai � •011• ,IlBF& � � -- ILI 11 - ' L 1 _ tv TMrHSE ' 4 rid tR�dtl M-1-1- k i 1 1 •i as u 1 to t 3 of Li �- � � � �` ��`> >�i�l I I�• I I I I I � `i i ' b i�o5t , aet j:�f� r� .�..•.. 11. C 1\ I1� fh 1 1 1 1 s •(`:'j ``•� r1�tV' 1 1 1 1 til * •,\ \ \\t 1'l 1 ��1 1 1 ' f ' 1 1 1•i f �.. •t fillit b p Pogo? .•• 1 / aw A J0 831NK) � 3 DAYCARE CENTER THOMAS LAKE CENTER 1565 CLIFF ROAD *AGAN. MINNESOTA EXISTING ROADWAY TAL SOUARE FOOTAGE 3.003.753 SO.FT. 1 e A- N 1 A-3 12•-0• 4- V DR4IMACE OPENINGS IN CURB. 1 1 1 1 1 1 I 1 1 1 1 i N 1�W PIATCRO�ND AREA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 O 1 100•-�_ N•. N' N 1 1. f- • � N 1 • N m 9 10 11 12 13 Un --rAi MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA OCTOBER 24, 1989 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 24, 1989, at 7: 00 p.m. at the Eagan Municipal Center. Present were Chairman Pawlenty, Members Voracek, Graves, Trygg, Merkley, Miller and Hoeft. Also present were Assistant City Engineer Mike Foertsch, Community Development Director Dale Runkle, City Planner Jim Sturm and City Attorney Mike Dougherty. AGENDA Chairman Pawlenty informed the Commission that staff requested a continuance of Item D (Diffley Cedar Planned Development - Koldt Properties) . Merkley moved, Voracek seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES September 26, 1989. Voracek moved, Miller seconded, the motion to approve the September 26 , 1989 Advisory Planning Commission minutes as presented. All voted in favor. Chairman Pawlenty explained the Advisory Planning Commission meeting procedure. CONDITIONAL USE PERMIT - EAGAN CENTER ASSOCIATES/THOMAS LAKE CENTER ADDITION Chairman Pawlenty opened the first public hearing for the evening regarding a conditional use permit to allow a day care facility in a Community Shopping Center district located on Lot 1 , Block 1, Thomas Lake Center Addition, along the north side of Cliff Road west of Thomas Lake Road in the southwest quarter of Section 28. City Planner Jim Sturm introduced the matter to the Commission. He explained that the City had taken similar requests on a case by case basis. Mike Falcon (representative for applicant) informed the Commission that a 1500 square foot play area had been requested and Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES October 24, 1989 *that the developer had increased the size. He reviewed the proposal for the Commission and stated he was available for questions. Commissionmember Merkley asked if there were any concerns regarding the play area location. The applicant explained that the area would be fenced and that there would be a three-foot concrete curb. He described the delivery service area. Commissionmember Merkley asked if there were an alternate location on the site for the play area. The applicant responded that the front area was available but that the store traffic would be blocked. Mr. Merkley had concerns regarding an increase in the truck traffic. The applicant informed the Commission that it would only be small truck traffic. Commissionmember Voracek questioned the curb specifications. The applicant reviewed the specifications. Commissionmember Miller requested an additional condition regarding limited visibility fencing. Voracek moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow a day care facility in a Community Shopping Center district located on Lot 1 , Block 1 , Thomas Lake Center Addition, along the north side of Cliff Road west of Thomas Lake Road in the southwest quarter of Section 28, as requested by Eagan Center Associates, subject to the following conditions: 1. The fencing surrounding the play area shall be limited visibility fencing. 2. The permit shall be subject to all applicable Code requirements. Voracek, Trygg, Miller and Hoeft voted in favor; Pawlenty, Graves and Merkley voted against. REZONING/BURNSVILLE LUMBER COMPANY, INC./ WHISPERING WOODS 5TH ADDITION Chairman Pawlenty convened the public hearing regarding a rezoning of approximately 9. 5 Agricultural acres to a Single Family district located west of Slater Road and south of Cliff Road in the southwest quarter of Section 31. City Planner Jim Sturm summarized the application for the Commission. Scott Hylla (applicant) informed the Commission he was available for questions and requested the rezoning be heard at the November 9 , 1989 City Council meeting. C Agenda Information Memo November 9, 1989 City Council Meeting REZONING/WHISPERING WOODS STH ADDITION F. Rezoning, Whispering Woods 5th Addition/Burnsville Lumber Company--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on October 24, 1989 to consider an application by the Burnsville Lumber Company to rezone 9.5 acres from agricultural to residential, referenced as the Whispering Woods 5th Addition project. The APC is recommending approval to the City Council. For additional information on this item, re er to the Plannig and Engineering Department report, a copy is enclosed on pages 4 through For a copy of the APC minutes on this item, refer to pages through . If the City Council approves the rezoning it would be appropriate to then act on the final plat which is referenced as item F. of the Consent Agenda. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the rezoning from A to R-1 of the Whispering Woods 5th Addition/Burnsville Lumber Company and, if approval is given, to approve or deny the final plat for Whispering Woods 5th Addition. CITY OF EAGAN SUBJECT: REZONING - WHISPERING WOODS STH ADDITION APPLICANT: BURNSVILLE LUMBER CO. , INC. LOCATION: SW 1/4 SECTION 31 EXISTING ZONING: AGRICULTURAL DATE OF PUBLIC HEARING: OCTOBER 24, 1989 DATE OF REPORT: OCTOBER 19, 1989 REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS APPLICATION SUMMARY: As a requirement of action taken in Whispering Woods 4th Addition, an application has been submitted requesting a Rezoning of 9.5 acres for Whispering Woods 5th Addition located in the SW 1/4 of Section 31. BACKGROUND: Whispering Woods 4th Addition was approved at the April 5, 1988 City Council meeting. The application included a Preliminary Plat for 27.7 acres and a Rezoning of 5.7 acres from A to R-1. The Preliminary Plat for the Whispering Woods 5th Addition was included in the 27.7 acres. However, the developer did not rezone the 5th Addition at that time. Burnsville Lumber Company did not want to rezone the entire 27.7 acres in order to avoid a change in the real estate tax rate prior to actual development. Condition 13, Whispering Woods 4th Addition, states: "Subsequent rezonings to R-1 districts shall be required with each phase of development prior to the preparation of the final plats. " PROPOSAL: The current application is to rezone 9. 5 Agricultural acres to R-1 Single Family. The 5th Addition includes 23 lots which vary in size from 12 , 069 square feet to 19,718 square feet. Access to the lots is from Four Seasons Drive, Four Seasons Court and Whispering Trail. COMMENTS: The developer anticipates only one more phase (or addition) after the 5th. Of the 14 lot's platted in the 4th Addition, nine have been sold and the developer is holding one. The approved plat and the proposed rezoning are in conformance with the City's most recent Land Use Guide Plan (D-1 Single Family, 0- 3 units/acre) dated August 1988. ' 1 \ � iJ•�� t� c LOCATION ------------------------ [20 "B �R- a. ,E_I Fri.: ZONING41 R-1 I •; J, " v r rD'• i);f:,.,,•,�_'( , i LAND USE I Ms //7. Y o ��, _ � � j - S .� -� �I�i�t }i►: a,��ai} • - _, is ``:ti 41 Jig t, J; •E �� ` I ja I��st�°i��. •- c- - •-�. - .a a. ��, j p s 'il i '"i �l• �� •i° -}ila ... ... . . i� 1 7 7 v/ ,7 ... tt? 3 iii � 4e� > IL Ir,=�=�rll�i llt��•:�r t� a=� � S � O. N r• y • :;�a •j.. � � .:E � 6� alrpl��ja; .�ii�J ':i�F F� EE� 1 s Q. v vt •1s ,. b.•1 it�f;i i �: tat;�L.a��= ; irl: .. t etas as -Y•i �.�.• / �: ..... I•Lt1 , � i •' a-�. 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S �( I `� -1,—•~ •,'..lam ♦ y�•7��?..,� � C .� TS•" •ws• •no:rK Trour.S .fi^`.�t� ,'fir �� `:aw 33 � eQ 7, ;flt1r, 1_!S!e-Jt_J1l'l.+L_011J�.r-7_J l-_!S•1-��[—_J�.OI-_J l__.�S!•:.-.J --- N0111QC� Hl.l S�D0N.�3/•.I�Y� NQIIIQ:;tJ Nl L 5O•^.�•MZI3ni:f 75nGNt;� 3Si11;HMMiJ.1- Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES October 24, 1989 that the developer had increased the size. He reviewed the proposal for the Commission and stated he was available for questions. Commissionmember Merkley asked if there were any concerns regarding the play area location. The applicant explained that the area would be fenced and that there would be a three-foot concrete curb. He described the delivery service area. Commissionmember Merkley asked if there were an alternate location on the site for the play area. The applicant responded that the front area was available but that the store traffic would be blocked. Mr. Merkley had concerns regarding an increase in the truck traffic. The applicant informed the Commission that it would only be small truck traffic. Commissionmember Voracek questioned the curb specifications. The applicant reviewed the specifications. Commissionmember Miller requested an additional condition regarding limited visibility fencing. Voracek moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow a day care facility in a Community Shopping Center district located on Lot 1, Block 1, Thomas Lake Center Addition, along the north side of Cliff *28, Road west of Thomas Lake Road in the southwest quarter of Section as requested by Eagan Center Associates, subject to the following conditions: 1 . The fencing surrounding the play area shall be limited visibility fencing. 2. The permit shall be subject to all applicable Code requirements. Voracek, Trygg, Miller and Hoeft voted in favor; Pawlenty, Graves and Merkley voted against. REZONING/BURNSVILLE LUMBER COMPANY, INC./ WHISPERING WOODS 5TH ADDITION Chairman Pawlenty convened the public hearing regarding a rezoning of approximately 9.5 Agricultural acres to a Single Family district located west of Slater Road and south of Cliff Road in the southwest quarter of Section 31. City Planner Jim Sturm summarized the application for the Commission. Scott Hylla (applicant) informed the Commission he was available for questions and requested the rezoning be heard at the November 9, 1989 City Council meeting. `ill Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES October 24, 1989 Trygg moved, Graves seconded, the motion to close the public hearing and approve a rezoning of approximately 9. 5 Agricultural acres to a Single Family district located west of Slater Road and south of Cliff Road in the southwest quarter of Section 31, as requested by Burnsville Lumber Company, Inc. for the Whispering Woods 5th Addition. All voted in favor. i COVENTRY PASS 2ND ADDITION/UNITED MORTGAGE CORPORATION Chairman Pawlenty opened the next public hearing for the evening r arding a preliminary plat of Outlot B for the Coventry Pass Additl n consisting of 20. 1 Single Family acres to 39 Sing Family lots ocated east of Dodd Road and north of Diffley Ro in the east hal of Section 24. City Plann r Jim Sturm updated the Commission on th background of th matter. Chairman Pawlenty asked if t parcel was a transition from ountry Hollow. City Planner Jim S rm explained it was not a condi ' on. Wayne Tauer (Pio er) informed the Commission the only change was in the street conne tion and explained th the grade changed. He stated he was availab a for questions. Commissionmember Merk y had quest' ns and concerns regarding , the grade. Mr. Tauer explain d the gra Ing process and the compromise. Mr. Merkley quest ned t timeframe for the development. Mr. Tauer explaine t t it was uncertain at the present time. Chairman Pawlenty ed if Frontier was the builder. Mr. Tauer replied yes. Sandy Klein, 4070 Dodd ad, sta d he had concerns regarding location of his property ad * cent to a ontier development. Chairman Pawlenty reporte the Commission lso had concerns. City Planner Jim S rm explained the st et naming process. Chairman Pawlent asked for the status of e Frontier/Stafford P ce Council action. Mr. Stur explained the Council had referr d the matter to staff to conduc a neighborhood meeting. Assista City Engineer Mike Foertsch expl 'ned the Stafford gradi problems and the procedure to cure. Ron He mer reported that United Mortgage owns the roperty and explai d that the agreement with Frontier had not be finalized He informed the Commission that United Mortgage as a good pro 'ect. There was discussion regarding Frontier develo ment concer /nially airman Pawlenty stated he felt the two items were ultimately . pot related. Commissionmember Voracek questioned the ��g r MINUTES OF &REGUI,M-MEETING OF THE 3�CYZ EAC#AzfQ' "'MII 90TA OQBER 17, 1989 A regular meeting of the Eagan City Council was held on Tuesday, October 17, 1989, at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Community Development Director Dale Rgnkle,..Public Works Director Tom Colbert, and City Attorney ::'James Sheldon. Councilmember Wachter was absent from the meeting. ADA City Administrator Tom"Heidge's''''ihforin6d the Council that an item regarding a petition requesting traffic signals (Cliff Road at Beacon Hill Road) was inadvertently left out from the Department Head Business. He also recommended that the Council hear Item D under Old Business (Dakota County State BAnk request to waive assessments) after Item B of New Busjag0i;:(Ordinance Amendment to Establish Connection and Availabij.:- : Fees for Sanitary Sewer and Water Utilities) . McCrea moved, Egan second.ed: the'fiotion to approve the agenda as amended. All voted in favor:'`':'' MINUTES ... October 3 , 1989. Councilmember Gustafson pointed out the need for a spelling correction on page 20, in the last paragraph. "French" should be corrected to read "Friendshuh". Egan moved, Gustafson to approve the minutes for the October 3, rec#A'r Council meeting as amended. All voted in favor. FINANCE DEPARTMENT/GEi4�:.:Q%-"1G;AT .QN IMPROVEMENT BONDS ffi hE :k9:8:� .'.' City Administrator Tom Hedges introduced the matter to the Council. Mayor Ellison asked when the bond rating would be updated. He was informed the bond rating would be updated within the next year. Egan moved, Gustafson sa tinded, t2iL!,:: 0btion to approve a resolution to issue General 0t2igation Improvement Bonds - Series 1989A in the amount of $9,325:;000.00 to f�Aance certain public improvement projects. All vo:K-0d.. n.; I October 17, 1989 FINANCE DEPARTMENT/GENER, 4}B-I.GS#T 1: :EQUIPMENT CERTIFICATES, City Administrator Tom Vedges updated the Council regarding the matter. Gustafson moved, McCrea seconded, the motion to approve authorization of General Obligation Equipment Certificates, Series 1989B in the amount of $290:,;{300.00. All voted in favor. PUBLIC WORKS IPARTMI'/TRAFFIC SIGNAL - CLIFF ROAD.::AT BUCON HILL ROAD The matter was pre sente 'buncil. Paul Jacobson, 4622 Cambridge, presented the petit oh - ' **' tated there were 165 signatures on the petition which represented both homeowners and businesses. He stated lights would benefit the area and requested an unbiased study during peak hours be conducted. He felt the area was unsafe and stated he was frustrated and angry. Public Works Director Tom Colb�ft-':::'b tlined the procedure to determine warrants for traffic::: iaYs He stated it would be a joint County and City pro j e�.t: :::: Councilmember Egan questioned:::firth the study was not conducted during the road improvements. Mr. Colbe : :;::'stated that a study was done. He pointed out that they were trying to catch up with the need. Councilmember McCrea asked for the timeframe. Mr. Colbert stated it would take approximately 30 days. There was further discussion regarding the traf# :.tz:�,low...and::signals. Egan moved, Gustafson s*Gonded., ::the motion to receive the petition for traffic signala'at Cliff Road and Beacon Hill Road and authorize staff to prepare thO appropriate traffic studies in conjunction with Dakota Couh�*.,..:Allvoted....in favor. DEPAR •HEAD BUSINESS DRUG CONFISCATION City Administrator Tom Hedges eSnted pictures of the confiscated evidence regarding -die- drug dust. He distributed red ribbons for the drug awareness:::::*"ek. October 17, 1989 CA :::PR£SMg.—ATT ?N Mike Rearden informed...$�ie Council there would be cable awards on November 14, 1989. Counci1,Imember Egan stated he would like to see the MINNESOTA SPORTS STiftION on the air. HAZARDOUS WASTE City Administrator Tom.•..Hedges commended Unisys and city staff on the hazardous waste col00tiontiay. CONSENT:::A bENDA A. Personnel Items. I. Seasonal Park Maintenance Worker. City Administrator Tom Hedges informed the Council that he had authorized the hiring of Gary Vierow as a .seasonal park maintenance worker for the current season. No acti;on>:;was required on this item. B. Resolution Proclaiming•xNOLVOmbet 14 as Eagan and Burnsville Public Access Volunteer Appr!Lcl$tion Do It was recommended to pr6*614 �qpv. ber 14, 1989 as Volunteer Appreciation Day. C. Plumbers Licenses. It was recommended to approve the six plumbers licenses as presented. D. License Application f'4:::hiias..e3*tt-—:`Devices for Grand Slam. It was recommended to Qi0rove .tfhe amusement device application for Grand Slam. t E. Receive Bid/Award Sa : # � ' 4, 1980 Ford F-350. It was recommended to approve the readvertising of Unit #114, 1980 Ford F-350. F. Contract 89-17, Receive %AaAward Contract. It was recommended to aw4j�d*' Improv t�.nt Contract 89-17 to Alexander Construction, theest acceptcble bidder, in the amount of $220,951.65. October 17, 1989 e G. Contract 89-23 , Ree8drd Contract. It was recommended to- ,'&ward Improvement Contract 89-23 to Barber Construction, the lc�est responsible bidder, in the amount of $87,949.00. H. Receive Bids/Award Contract/1990 Snow Removal Services. It was recommended to 46ceive.,the bids for the 1990 snow removal services and award !the co fact to J & D Enterprises, the lowest responsible bidder, 40d authorize the Mayor and City Clerk to execute all related doct006nts. ::: ::: I. Project 443/Reschedu:� ;:F�.n i i se.ssment Hearing (Robert O'Neil - Trunk Storm Sewer It was recommended to reschedule the final assessment hearing for Project 443 (O'Neil - Trunk Storm Sewer) for Parcels 10-01000-010-77 for November 21, 1989. J. Contract 89-24 Receive .8t15 Award Contract Stratford Oaks - Storm and Sanitary SWOM,: :' It was recommended to cont hue;..Contract 89-24 (Stratford Oaks , - Storm and Sanitary Sewer) to the:::)T�v er 9, 1989 City Council meeting. K. Contract 89-25, Receive Bids/Award Contract (Rusten Road - Streets and Utilities) . Mayor Ellison had concerns regarding the matter. Public Works Director Tom Colbert recommended: r:eje(.z.•i.ngi: the bids with a re-bid next spring. He stated the deve opex .:,"id' not pursue construction this season and that the feasi-bili 'r::report would need revision. It was recommended to eject t bids for Contract 89-25 (Rusten Road - Streets and t3 ; ltes:}:.:.,ar�d:•:re-bid the contract in the Spring of 1990. L. Project 580, Approve Traffic Signal Cost Participation Agreement (Blackhawk Road and Difflev Road) . It was recommended to apprcm.ee t#�4::: raffic Signal Cost Participation Agreement for ProO:06t 84:.:.tBlackhawk Road and Diffley Road Signals) and authorize::. e Mayor lid d City Clerk to execute all related documents. October 17, 1989 M. Vacate Ponding and �iE�W�t' . i&§.e eAt (Lexington Parkview 'i-1it 1 i IR Addition) . It was recommended to , ceive the petition and schedule a public hearing to be held on November 21, 1989 to consider the vacation of a ponding and utility easement (Document No. 756659) within the Lexington Parkview Addition. N. Contract 88-30, Apptbve Change Order No. 1 (South Oaks - Storm Sewer) . It was recommended to $pprove :thange Order No. 1 to Contract 88-30 (South Oaks Storm Sewer;);,;and:authorize the Mayor and City Clerk to execute all related.: .c t r tts. O. Contract No. 86-NN, Final Acceptance - Chatterton Ponds/Streets and Utilities. It was recommended to accept the improvements under Contract 86-NN (Chatterton Ponds - Streets and...-Utilities) for perpetual City maintenance subject to appropriate:.: eri'ty provisions. P. Contract 87-KK, Final *Adcepta#koe - Chapel Hill Baptist i Church/Storm Sewer and Utilities::. It was recommended to accept the' irmvements under Contract 87-KK (Chapel Hill Baptist Church) for perpetual City maintenance subject to appropriate warranty provisions. Q. Contract 87-RR, Final Acceptance - Philadelphia Carpet Watermain and Storm Sewer. It was recommended to ap ': }+ : iimpovements under Contract 87-RR (Philadelphia Carpet - Viterikib and Storm Sewer) for perpetual City maintenance subject to appropriate warranty provisions. R. Contract 87-H, Fina1:: Goa one Oak Drive/Streets. It was recommended to accept the improvements under Contract 87-H (Lone Oak Drive - Streets) for perpetual City maintenance subject to appropriate warranty provisions. S. Contract 88-Z, Final Aoostan ::Hosford 1st Addition/Streets and Utilities'!: It was recommended to adept the impxwements under Contract 88-Z (Hosford 1st Addition -:::a'treets:•.att •:t. lities) for perpetual City maintenance subject to ai3, te:: aranty provisions Page 6/EAGAN CITY COUNCIL MINUTES October 17, 1989 T. Contract 87-26, Apprgv.e...Fina. ,�Payment/Acceptance (Wescott Road - Surfacing) . It was recommended to-:*pprove the eighth and final payment for Contract 87-26 (Wescott Ro4;a- Surfacing) in the amount of $18,399.96 to Bituminous Roadways, Inc. and authorize the project's acceptance for perpetual maintenance. U. Final Plat, Stratford Oaks. It was recommended to aaoontin�a- the final plat for Stratford Oaks to the November 9, 190* CityaaaC:ouncil meeting. V. Final Plat, Hills of=..Stgaebrtdge-.-F.lat 2. 1 • iirl 4 M�� It was recommended to approve'thefinal plat for Hills of Stonebridge Plat 2. W. Final Plat, Remick Addition. City Administrator Tom Hedges recoM..ended pulling this matter from the Consent Agenda. Commun.� �sl �eopment Director Dale Runkle informed the Council there Waaaaaa: need:aai'or additional conditions to the Development Contract. It was recommended to approve'::::Vie: final plat for Remick Addition, subject to the following cond-itibns: 1. A deed to Mary Remick from the City of Eagan regarding Outlot 1 of Valley View. 2. Obtaining a slope easement. 3. A deed for Outlot A;a�-i�nnt':a$faar*:a-, tenlick to the City of Eagan. X. Final Plat, Town Centre 106-Fifth Addition (Waterford Apartments) . It was recommended to coni..e" h aaa..final plat for Town Centre 100 Fifth Addition (Waterford Apartments) to the November 9, 1989 City Council meeting. Y. Final Plat, Eagan Evangelical Church. It was recommended to coxiicre''t3aaaaanal plat for Eagan Evangelical Church to the Noq�inber 9, 19$ : City Council meeting. Egan moved, Gustafson sedonded, the miction to approve the consent agenda items as amenccti.�.:... c :;dttthvrize their implementation. All voted in: aaaaaa Page 7/EAGAN CITY COUNCIL MINUTES October 17, 1989 FINAL ASSESSMENT HEARINQ/PROJECT....5.36/SOUTH OAKS ADDITION City Administrator Tori:*.'Rbdges i'Yi'tibduced the matter. Public Works Director Tom Colbert-:.pxovided background comments and explained the assessments. Raymond Nutzman, 3565 Acorn Street, read a letter to the Council from residents who complained about the boulevard restoration. Public Works Director tom Col'b"ert informed the Council that the job was completed satistActori11- . Councilmember McCrea questioned if the bill had , en POO. Mr. Colbert responded yes. Mayor Ellison asked the resident it.. the..neighbors would be willing to pay for sod. Mr. Nut zmari:: ; spciii? ist�::::i�� ::::Councilmember Gustafson remarked that their complaint c`*ouid std''ff" from either a poor job done or poor maintenance. Mr. Nutzman informed the Council that the area has nice lawns which were self-seeded. There was further discussion regarding seeding. Dave Wollmer, 580 South Greenleaf:;::: 5tated he appreciated that the project was under budget but.. was poor. He pointed out that there was a,:::ne?i dor::More dirt. Councilmember McCrea sugcgdste a."letter be sent to the general contractor expressing the concern ii..-.6f: .t-he...neighbors. Councilmember Egan commented that since results were r;tiacheved, the City should not seed again. Councilmember McCrca stated the letter should express the quality of the soil, the contours of the soil and the quantity of the seed. Mayor Ellison remarked that it should also state that the contractor needs to restore or the City will not do business with them in the future. McCrea moved, Gustafson,::: econcae , th ' motion to close the public hearing and approve t#a' find'-.;assessment roll for Project 536 (South Oaks Addition - Streets ''and Utilities) and authorize its certification to Dakota Couritk. Ali:::voted in favor. FINAL ASSESSMENT HEART-N . MR<=-—.T-::.:14/DUCKWOOD DRIVE City Administrator Tom Hedges and Public Works Director Tom Colbert introduced the matter to the Council. Gustafson moved, Egan secon44d4-:::tlte_motion to close the public hearing and adopt the final assopsine�#t Zll for Project 514 (Duckwood Drive - Streets and Utilities i:*::: #.id authorize its certification to Dakota Countp. All votedn favor. ........... ....... coer ii , FINALASSESS? NfROJECT 552/ EAGANDALE IN6 tRTRL'•`P '3RD ADDITION City Administrator To :' iedges distributed an objection letter which he received from Rollin Crawford as attorney for Marvin and Renata Rahn (see Exhibit A attached hereto) . Public Works Director Tom Colbert explained the final assessment rolls and rates. Marvin Rahn, 3050 Lexi. ton,..questioned the pond on his property. Mr. Colbert stated:::that ::eventually there would be a need to provide some ponding. Ma qr E111son asked Mr. Rahn if he was still objecting to the asse'ssment: ,"-;Mr. Rahn stated he agreed with the contents of the letter .from-.•Mr,. Cr4wfprd. He stated his property received no benefi. { Egan moved, Gustafson seconded, the motion to close the public hearing and adopt the final assessment roll for Project 552 (Eagandale Industrial Park 3rd Addition - Utilities) and authorize its certification to Dakota County. All .voted in favor. FINAL ASSESSMENT HEARING/PRW8-M:::5:2*9/CLIFF LAKE CENTER City Administrator Tom.'%kid4es updated the Council regarding the matter. Public Works Direq.t0z::.Tom Colbert presented the staff report to the Council. Gustafson moved, Egan seconded, the Motion to close the public hearing and adopt the final assessment roll for Project 529 (Cliff Lake Center - Streets and Utilities) and authorize its certification to Dakota County. All voted in favor. VACATION/LEXINGTON::MAY.. AT.. I.NGTON AVENUE Gustafson moved, McCre .:aecond d*1 the motion to continue the public hearing for the vacation on right-of-way (Lexington Way at Lexington Avenue) to .the Novsinber 9, 1989 City Council meeting. All voted in favor;:: ::•.•.•:: :::::: :•::•::::: ::: VACATION/CHESMAR DRIVE AT CLIFF ROAD City Administrator Tom Hedges summarized the matter for the Council. Public Works Director Tom Colbert presented the staff report. McCrea moved, Gustafson.;:6-econded, the:• motion to close the public hearing and approve tM`vacation df:' a portion of public right-of-way for Chesmar Driwz: near Cliff road. All voted in favor. Page 9/EAGAN CITY COUNCIL MINUTES October 17, 1989 FINAL ASSESSMENT H /CLEARVIEW ADDITION City Administrator Tom::Hedges introduced the matter. Public Works Director Tom Colbert -; esented the staff' report. He stated he was very pleased with the 6d result and presented the objection letter to the Council which he received from Jerry Hein (see Exhibit B attached) . Peter Klein, 1790 Beeqher, informed the Council his lot was smaller and felt that the aessmft should be smaller. He objected to the assessment. City Attorney James Sheldon..ex the assessment procedure and stated that the assessm ::; ::correctX. . McCrea moved, Egan seconded, the motion to close the public hearing and adopt the final assessment roll for Project 545 (Clearview Addition - Streets) and authorize its certification to Dakota County. All voted in favor. STAFFORD PLAC-$..---%i.FAULT City Administrator Tom : edges inf-firmed the Council that the City Attorney would comment on . he.;;Meolanic Lien procedure. Community Development Dixector'' i e funk-le explained the extent of City involvement and noted that the"'i' t concern was grading. He further stated that the Development Agreeifient deals with the grading of the property. He pointed out that the grading should be done quickly. Public Works Director Tom Colbert gave the specifics of the grading required to meet requirents. Ee;: informed the Council that the revised grading plans had- -..-. 04-S 'ted and Frontier was taking steps to cure the pro:.hems. a felt it was a workable solution and reported that stiff wof3' d work with the developer and the builder. Mayor Ellison referencei .kei's memo dated October 16, 1989. He questioned if pr©gresa had been made. Mr. Colbert explained the status of each item. Councilmember Egan questioned if the developer was showing a good faith effort. Mr. Colbert responded that the developer was cooperating. Gordon Multz, 4013 Pennsya.'*' iit'7!iVobue, was upset and stated that the hills should not have„been alte 4d. public Works Director Tom Colbert explained the pra 1. ms with Ciinging the grading plans. Mr. Multz stated that the- neighboring lot;;Xp his property was vacant. He reported there weir::: October 17, 1989 were better grading alternaUves:4 .Mayo;:::.Alison had concerns regarding the hill. He fel'*.,::* t�rzg a � . :grading plan was better. Blaine Duxbury, 4128w York Avenue, showed a photo of the grading to the Council. He:::hated there had been no communication and had concerns regarding storm sewer grate problems. David Adkins, 4140 New York Avenue, requested the original grading plan. He was upset as there were no erosion controls. He felt the new management wo la not., ake responsibility. Scott Oakes (Frontier) 3nfortid the Council that Frontier was aware of the problems and dbncern : : He pointed out the corporation was under new management anal. that:...-.t Le nevi:::management cared about the neighbors' concerns. He::ac':vxt • '.t- done substantial work had been done and that Frontier was cooperating with the City. Mayor Ellison asked if Frontier would be returning to the original grading plan. Mr. Oakes responded that Frontier would j abide by the Council's decision, but felt::;there was a better alternative. Councilmember McCrea queg?6zo3ied why the plan was changed. Mr. Oakes stated the chatig....w-s' necessitated by the concurrent building and graUhq. ::*6Cre;a questioned if Mr. Oakes would meet with the neighbo's'to..explain the modified plan. Mr. Oakes responded yes. McCrea hid..':-ttrther questions regarding the mechanic liens. Mr. Oakes explained .:�aat ::legal counsel was evaluating the matter and reiterated the"§: was new ownership. Councilmember Egan questioned why grading was allowed to continue. Mr. Oakes pointed out that the grade was finalized. Public Works Director Tom Colbert remarked that it takes approximately three years to reach stability. He further explained the process. He reiterated that the modified plans were better than the original plans and that staff would word:.'.. .th:s;�:�:;Of the involved parties. Councilmember Egan asks ::what : i6eded to be done now. Public Works Director Tom Colbert explainea' that the work should be done yet this fall. Egan questior%ie" why :-t a new plan was better. Mr. Colbert explained the new gz~adx:ng p a� .... ay Administrator Tom Hedges stated there were two d!:•E.I.er6hf.:::procedures: (1) def ault and (2) neighborhood meeting. Councilmember McCrea stated that both procedures should be used. She suggested monitoring the matter every two weeks. City Attorney James Sheldon informed the Council that several different resolutions.:. been prepared awaiting for Council decision. Francis Shelton, 860 Pax��'iew, repotted there was no response from the City and there weregroblems witf :•:the home. Bill Sifonte, 4143 Penns 'loran a::•:AI-! felt that Frontier was incompetent and urged the Cotitictc: s3el'are the developer in default. Page ll/EAGAN CITY COUNCIL MINUTES October 17, 1989 Kathy Kinney, 4083 Vermont,.Avenu*.,..... nformed the Council that there were many problems whI'd heraisd by Frontier. She had flooding concerns. She felt""tiib"' veloper should live up to the contract. Stuart Strachan, 4122 'Braddock Trail, informed the Council that the corrections had not been made and that he had sewer problems. Community Development Director Dale Runkle stated he would check into the matter. June Rahman, 4120 New :.1�6rk At ue, explained that Frontier was not responsive. She urged t'6` Counc l to declare Frontier in default. Minda Anderson, 4031Pi$ �angi ?venue, had concerns regarding flooding. She fel 'l'Frit roier%-was'unresponsive and informed the Council the final grading was never completed. She felt her trust was betrayed. She stated she wanted the City to have control and not the neighbors. She urged fairness. Mark Sletto, 4110 Braddock Tra l.,::::.q"stioned the updated plan. He stated the Council should find-:::0developer in default. Councilmember Gustafson rem ;:: at:: he present grading was merely corrective. Mr. Sleto 'felt thy::City should have acted ' earlier. He stated that Front-4.0k.:'-:'-did. not finish the grading. Councilmember McCrea suggested l::: o.�Ibn (1) finding the developer in default; (2) conducting a neighborhood meeting; (3 ) develop a grading plan and timetable. Councilmember Gustafson stated the Council should do what's best and that the legal process may take time. He requested the matter be handled in a most expeditious way. Councilmember Egan suggested allowing until the November 9, 1989 Council meet pig:'.1or F ta;�3er to provide remedial measures. City Administrator::T.M*:.:Hed:,' s:. stated that the steps should be a notice to cure. ' Mark Parranto (Delta D00lopm0t) informed the Council that his company would be liable:4as.. :.: t :. the Letter of Credit. He informed the Council that Del-tii::: -id :i t#: :idca' the work and that Delta had been released by the City. He stated the Letter of Credit did not cover the current problems. City Attorney James Sheldon explained that Delta Development would not be voluntarily dismissed and that the developer and builder should both be noticed. John Quarth, 4125 New York*:::#�Ve'five: ' . Ad concerns regarding the drainage and the broken manhQ, -'cover. He:; tated that Frontier does a poor job. McCrea moved, Gustafson:*'. corded. ::;:thy?notion to declare Frontier Development Corpora d ;D6. t":::bevelopment in default Page 12/EAGAN CITY COUNCIL MINUTES October 17, 1989 of the Development Contracts ardin Stafford`Place together with a Notice to Cure, subject t4:: he:? Qo? iig conditions: 1. The developer condi-4bt a neighborhood meeting. 2. The development of:a:'corrective plan and timetable. All voted in favor. BRITTANY; PTH ApITION DEFAULT Public Works Director ::i6 cot6ert updated the Council on the status of the completion of :: he wftk. Egan moved, McCrea seconded';i:-:-UA..: is on to remove Brittany 10th from consideration of default.'"'jMwoted in favor. AMENDMENT TO CITY CODE/PARK AND TRAIL DEDICATION POLICY McCrea moved, Gustafson seconded, the motion to continue the Park and Trail Dedication Policy to.thti:.-:06vember 9, 1989 City Council meeting. All voted in DAKOTA COUNTY STAB SANR/WAJVER OF ASSESSMENTS City Administrator Tom Hedthat this item be continued until of ter action is taken-'•'fq:�:::Item B (ordinance Amendment to Establish Connection and Availability Fees for Sanitary Sewer and Water Utilities) under New Business. Egan moved, McCrea seconded, the motion to continue the Dakota County State Bank/Waiver of Assessments request to later in the meeting to allow Council action regard :ng:.the Ordinance Amendment to Establish Connection and 1w lai i .lty:`'Fees for Sanitary Sewer and Water Utilities. All vo-":'i'• in obr. EAGAN EVANGELICAL COVENANT::CHUR VFOOTING - FOUNDATION PERMIT City Administrator Tom aieda eted the permit request to the Council. McCrea moved, Gustafson seconded, the motion to approve a footing and foundation permit for Eagan Evangelical Covenant Church located west of Lexington Road ;arid a '�:::pf Lexington Way. All voted in favor. Page 13/EAGAN CITY COUNCIL MINUTES October 17, 1989 ORDINANCE AMENDMffi :CHCT ON:;:AND AVAILABILITY FEES FOR SANITUTILITIES City Administrator Totit:!0edges introduced the ordinance amendments to the Council. :'He recommended striking the lateral benefit charge as shown on pages 157 and 158 of the Council packet. Egan moved, Gustafson seconded, the motion to approve the ordinance amendment to est Iish connection and availability fees for sanitary sewer and wate2:;:utiU ies as presented. All voted in favor. Egan moved, McCrea seconded,. the.,Tnotion to approve the resolutions to establish cor'*'ntct r�'1j: A :::: tta lability fees for sanitary sewer and water ut 'rit' e ':.- s'''"Sresented. All voted in favor. DAKOTA COUNTY STATE BANK/WAIVER OF ASSESSMENTS City Administrator Tom Hedges summarized the background information for the Council. Gary Fuchs:: :(:4ttorney for owner) reviewed the history of the parcel::::A,4t .t a assessments. Mayor Ellison asked if the City ccaul ;:taaie . the assessments. City Attorney James Sheldon respojideii*yes,:;:. hat the previously adopted ordinance had solved the probli;.: Egan moved, McCrea seconded, tris i tlbn to waive assessments against the property on the southeast cot`ner of Blackhawk Road and Deerwood Drive owned by Dakota County State Bank as requested. All voted in favor. 1990 LIQUOR LICENSE RENEWALS City Administrator Tom 14ec4 46 6ft6ed the applications to the Council. Egan moved, McCrea secvoded, the motion to approve the liquor license renewals for 1990 a '*i.-O.eseitvoted in favor. SPECIAL HUNTING SEASON REQUEST/DAN FRIENDSHUH Councilmember Egan asked if the request had been reviewed by staff. City Administrator Tom Hedges replied yes. Councilmember ' McCrea requested an additional cc requesting a list of names q of the hunters with no fees bedh :tel a�*:to the hunters. Gustafson moved, Egan se minded, the":Mbtion to approve a special hunting season for Dan: Friendshuh;::At the Pahl farm consisting of approximately -�' 75 acres, ..sit;bjeet to the following conditions. Page 14/EAGAN CITY COUNCIL MINUTES October 17, 1989 1. Installation and implement4tkon....of large, readable and unremovable signs which ind � : W: 1c Hunting", with the exact wording to be approved:::* '•':Eh6:*:'Eagan Police Department. 2. Applicant presentin. a plat map outlining the Pahl farm property and all contiguous property that would be affected by this special hunt. 3. Applicant providing license plate numbers for all individuals' cars who will be hunting during this special season. 4. Applicant providing':: list,::iof the names of the individuals who will be hunting during his special season. 5. No fee shall be cMt.§6 ::Asa. i riters. 6. Each individual hunting on the subject property to carry a special hunting permit signed by the property owner (Pahl Farm). 7. The specific dates in which to hunt the subject property are: A. Bow hunting for.;ds iicn starts September 16, 1989 through December 31, 1989. , B. Duck and goose hunt g: �4gb.. starts October 1, 1989 through November 5, 1989. C. Pheasant hunting which starts October 15, 1989 through December 3, 1989. D. The special Metro goose hunt from December 15, 1989 through December 24, 1989. 8. No more than four ta`fve h'ttiters at any given time shall be hunting on the subject property All voted in favor. CONDITIONAL USE PERMIT/LOOMIS, INC. Community Development Director Dale Runkle introduced the matter. Councilmember McCrea had questions regarding the time table. Mr. Runkle stated the berm:V$s::;:gampleted and that the trees would be provided. Gustafson moved, Egan seconded, the 'inotion to approve the conditional use permit for Loomis, Inc. td::::allow outdoor storage on Lot 5, Black 2, Halley's Addift. .Qn.,,.],Qc _ i ..along Biscayne Avenue in the southeast quarter of Sect, az 35, :aaect to the condition that .... Page 15/EAGAN CITY COUNCIL MINUTES • October 17, 1989 triple rows of three foot ' ...b ..,planted in the Spring of 1990 along the north and eas gr "'ty �' es. All voted in favor. WAIVER OF:;:*P,LAT/THEODORE WALDOR Community Development 'Director Dale Runkle presented the staff report and informed the Council that both lots could stand alone. Mr. Waldor explained that each adjoining owner wanted to purchase one-half of the lots. McCrea moved, Gustafsoi : secoj4d, the motion to approve a waiver of plat for Theodore-:14:aldor An order to split Lot 3, Block 1, Sibley Terminal Industrit-1 Par*::ond combine parcels with the adjacent lot, subject to the..f.o22o� n%,-,gPnditions: 1. The waiver of plat §ha11*'lie''recorded with the County within sixty days of Council action. 2. The applicant shall conform with all other applicable Code requirements. All voted in favor. LEXINGTON SOUTH/V NNAED DEVOLOPMENT AMENDMENT City Administrator Tom Hedges 4ditad the Council regarding the matter and Community Development "Dfl:.;$c,or Dale Runkle presented the application summary. Mr. Runkle pointed out there were circulation concerns and stated that the details were not yet specific but they would be detailed with the Planned Development process. Rollie Crawford (Attorney,..::f pr:..Tri:�pjkd) gave a brief presentation. He stated the eeveiipe �iud request tax increment financing at some time in th :: utur He pointed out it was an exciting and unique developmefit whf6i had received broad support from the community. Brad Swenson explained :p�t: ;v public uses. He stated the infrastructure was present. He stated the project would be a convenience for the customers. He outlined the proposed uses. Tim Eigle (Welsh Company) informed the Council he deals with leasing the property. He described t grocery prospects and other proposed tenants. Councilmembxtstss :: asked if there were possibilities of a theatre in fie developii"nt. Mr. Eigle responded yes that there were two good :156ssibilities' Mayor Ellison asked if there were any prospects for.:tbe outlots. W. Eigle responded yes. Lynn Lillyhome (architect): a A.Ai-h .'the details of the ice arena, the uses and the size: touiici iii@bei Gustafson asked for the Page 16/EAGAN CITY COUNCIL MINUTES October 17, 1989 - I actual size. Mr. Lillyhome ,jrespondec1._.35AQ square feet. Councilmember Gustafson questixt# d this ��ze of the Olympic rink. Mr. Lillyhome described the':'&ympic 'rank: Councilmember Egan asked for the details regarding tha YMCA. Brad Swenson informed the Council that the YMCA was e::the meeting to present its proposal. Mr. Lillyhome detailed the ice arena exterior for the Council. Councilmember Egan questioned the cost of the project. Mr. Swenson responded that it would cost between $3.2 and $3.5 million. Jim McMurdy (finance) :....ated:-:the developer had three possibilities: (1) no devel0ment� (2) develop twelve acres; and (3) full development with iA.k incr'-0;nent financing. He presented the analysis of the tax effects...under.;the..three options. Brad Swenson stated manag0Wt t'would•be with the community use in focus. Sharon Swenson described the figure skating program options and also described the options for the School District programs. She read a letter to the Council she had received from School officials. Brad Schmitt (Eagan Hockey . ssoc4ton) explained that ice time was scarce and stated he.-ma�s;-very: enthusiastic about the proposal. He felt it would have' 'a goon;: economic impact. Rollie Crawford requested''agpava�;.:.: y the Council and stated he was prepared to answer any questions::�-:.:.:.:. Daryll Silverness discussed the YMCA participation in the proposal. He stated that the YMCA was excited about the project and explained what it offered. He expects a 1993 opening. He described the proposed uses and the financial needs. Councilmember McCrea pointed out that the YMCA runerfu ;:;family programs. Terry Bergrund stated he el a need for a hockey rink. Alan Menning (ice coorta . :$ }Qr:$ed the arena and stated Eagan needed a rink to compete: ::::: * : : ::.: :.:.:.:.::? Tom Jensen, 1123 Tiffany, had traffic and layout concerns. He urged caution and stated the City should address the concerns. Community Development Director Dale Runkle addressed the traffic and parking concerns and explait0d::a: :z tailed analysis had not been completed. He explained there ;for the indirect source permit. Mayor Ellison stated..at t all aVp.opts would be examined upon concept approval. Councilmember Egan stat :..he..f lt::th ire would be excellent uses but questioned the traf . :.:gaft r .Mr. Runkle stated the traffic may decrease with mi:k6T'Use"but that he would examine the _ Page 17/EAGAN CITY COUNCIL MINUTES October 17, 1989 matter further. Councilmembex....MCG,e.a.:complimented the developer and stated she supported the cds�gept S te'ted there were traffic issues and that a study sh6ild*'Beid6rie ` She showed an interest in the board composition. She':#--elt there was a need in Eagan for a good place for kids and fan hies to go. Mayor Ellison asked if the developer would be willing to pay for the traffic engineer. Mr. Swenson stated he was willing to work with staff. Mayor Ellison stated he felt there was a need for the ice rink in Eagan, both pusfcly end privately. He looks forward to working with the developer :#did wat:*excited about the project. Councilmember Gustafsoh::expliiiied he had a hockey background. He pointed out that the on y-,x-.eguest...bef•ox�e the Council at the present time was to amend t1ie:::: ? a # ::. evlopment and that the Council had not given approval to the other items which had been discussed. Rollie Crawford explained that the developer wanted to be upfront and understood that the Council was considering only a Planned Development amendment at the present time. City Administrator Tom Hedges pointed out it ..wes approval for the concept only. Councilmember Egan felt:::: t: Vas a very good location and he was very much in favor Gustafson moved, McCrea:':'seonded: . the motion to approve a Planned Development amendment:: b: ahe...Lixington South Planned Development and to allow a commero .4�::::6nter with retail uses located at the southeast intersection'"nf:::: exington Avenue and Diffley Road. All voted in favor. CONTRACT 89-05/DON VIMR APPRAISAL City Administrator Tom Hedges recommended favorable consideration. Councilmember ..,gari::sta$ed::: ie favored the proposal. Don Vimr had questions regar.c��ng'*"*th4mA;terest. Public Works Director Tom Colbert explain that","' rate of the bond sale would be approximately 9$. Egan moved, McCrea secca reed; :::' # :::mcat;on to approve a request from Don Vimr to consider a def�e riei�t: of::the $12,000.00 proposed assessment for a buildable lot until such time that the property is developed and further that he will be responsible for the proposed and pending assessment of $12,000.00 for his existing homestead, in connection with Contract 89-05 (Project No. 543R - Skyline Road/Sibley Hills Drive) All Vs : :::favor. SENECA FINAL PLAT DEVEI.,.:.. T AGRE ,WENT/FIRST AMENDMENT City Administrator Tom Oodges present id the First Amendment to the Development Agreement to:::: he.•.Counq Page 18/EAGAN CITY COUNCIL MINUTES October 17, 1989 McCrea moved, Egan sec6nded, the motion to approve the First Amendment to the Development: Agreeme 't:..: •ar the Seneca final plat. All voted in favor. SAFARI ESTATES SECOI ADDITION/REVISED GRADING PLAN Public Works Director Tom Colbert introduced the item. Councilmember McCrea had significant concerns. Mayor Ellison stated he also had concerns, in particular regarding erosion. Tom McMann stated he w sensdt.ive to the concerns and pointed out that the developer had : ovidid' significant easements. He gave a history of the site. He st#ted xt: was a detailed plat and that the planned builder fell thr6ugh. He explained the owner can not market the property. He repzt ;: 3ey have worked with City staff. He explained the grading' glan''ani3''$tated the developer was under an urgent timetable. Councilmember Gustafson had questions regarding the cost. Councilmember McCrea had concerns regarding staff's feeling regarding the matter. Gustafson moved, Egan seocied, the motion to approve a revised grading plan for Saf i-l" Estat0'$ Second Addition as requested by the developer, 'FQX—tune• Realty. Gustafson, Ellison and Egan voted in favor; McCrea voted :::4:' Inst. INDEPENDENT SCHOOL DISTRICT N0 ': 196 PROPOSAL/ WILMUS SITE FOR FUTURE ELEMENTARY SCHOOL City Administrator Tom Hedges updated the Council regarding the matter. Park and Recreation Director Ken Vraa described the proposed School parcel and expla- ned that.;: he School District would need some City property. He a ker : the : i # ici1 if the City was willing or interested in a ptaiert slap. Mayor Ellison asked if :j.t: wouj4:::work. Mr. Vraa responded yes. Councilmember Gustafson and i�nlber.Egan Egan agreed to the swap. _ VISITORS/BUR OAR Ii' LLS/K.ENNEL'•LI CENSE/HENNEKE Wayne Henneke (applicant) explained to the Council that he had purchased his home at Bur Oak Hills. He stated he has twenty cats which he breeds. He submitted let:tar-'*:::from Minneapolis neighbors and his new neighbors. He requested : t: �raziance. City Administrator Tom Hedges explai�;ed that he first discussed the matter with Liz�:Witt. He ported out theapplication was in order and that only a:k nnel •licen :::: e::was required. Councilmember Egan stated he *:fieiax was not yet ready for action as it was a zoning is ... X.. """' Page 19/EAGAN CITY COUNCIL MINUTES October 17, 1989 The applicant stated that the cats would be totally enclosed. City Administrator Tom Hedq stated:.t3� :::matter would be on the next Council agenda. SENE? ;PLANT ADDITION Community Development Director Dale Runkle informed the Council that a building permit had been issued to Seneca. :SUN CLUBJWMO Public Works Director ' tam Coibert informed the Council that they were still a member slhat on: : 'he Gun ClubJWMO Committee. He stated the matter would be :tiri the:::November 9, 1989 Council agenda. Mayor Ellison stated thatAlderk :: Qt .cl::b elevated and make Mike Foertsch an alternate. AUDIT SERVICES City Administrator Tom Hedges informed the Council that the request for proposal for audit services saes complete and he would set up the interviews. ST OAKS City Administrator Tom HedQs informed the Council that the developer for Stratford Oaks requested:: ::.:preliminary plat extension. Community Development DirectbY:::Pale Runkle explained that the matter should be before the Council at the November 9, 1989 meeting. Egan moved, Gustafson seconded, the motion to approve a six (b) month extension of the preliminary plat for Stratford Oaks. All voted in favor. UNISYSJHOUSEHOLD M. ARI !$ WASTE COLLECTION City Administrator Tomdges V-;0cognized Unisys' cooperation with the hazardous waste col c6,•.: ?-94Wlmember 'McCrea stated she felt a plaque was a goodea' COUNCIL DISCUSSION Mayor Ellison requested an update. regarding the pornographic material being sold in the Citi. ninistrator Tom Hedges stated that the letters weremld the : ek of October 9, 1989. Councilmember McCrea stated tit she had•'r. ceived contacts from concerned citizens. Mayor Ellison suggested::*'.'t : into a ban on cigarette Lake results. machines and suggested follow:� , ,e::#t#jci : $ear Page 20/EAGAN CITY COUNCIL MINUTES October 17, 1989 �HECKLI STS Egan moved, Gustaf son :a0dQt�'4 t 't#L' :motion to approve the checklist dated October 16;:.:.':x$9 in the amount of $900,794.67 and the checklist dated October.::A7, 1989 in the amount of $393,022.17. ADJOURNMENT The October 17, 1989 City Council meeting was adjourned at 12:30 p.m. CITY OF EAGAN E. J. VanOverbeke, City Clerk EXHIBIT A ' LAW OFFICES HAROLD LEVANDER ARTHUR GILLEN LeVander, Gillen, Miller, Anderson & Kuntz ROGER C. MILLER PAUL H. ANDERSON TIMOTHY J. KUNTZ 402 DROVERS BANK BLDG. • 633 SOUTH CON: ST. • P.O. BOX 298 DANIEL J. BEESON SOUTH ST. PAUL. MN 55075-0296 • 16121 451.1i"i' • FAX 1612, 450.7384 ROLLIN H. CRAWFORD October 17, 1989 Honorable Victor Ellison and Members of the City.. Council Municipal Center 3830 Pilot Knob Road Eagan, MN 55121 Re: Storm Sewer Latera::?::Atsae:sSm : ':roject #10P552 S/A #1958 $1, 424.••:5:x:: Marvin Rahn Tax I.D. No. 10-01100-010-25 Dear Mayor Ellison and Members of the City Council : This office represents Marvin 4nd:.:;:3tenata Rahn in connection with the above assessment . Ts;: ]etter will constitute formal objection to said assesm. ? : ::: The objection is based' u.ppn:;;:t.he '''fact that there is no lateral service to the parcel b'e'i.'hg assessed and thus there is no present special benefit to the:' P.'t0 erty from this improvement to legally sustain the assessirteiit. Future benefit is speculative and is not a legally proper basis for said assessments. Because of the lack of benefit and the procedures used to determine the assessment:.,:.:.: it ... .s.;.;; our position that the assessment is arbiter: :00rit:i0ns, confiscatory and unreasonable. For the above reasons wi:: beli*.#e the assessment constitutes an unconstitutional taking: b .:a;h4laL-ndowners property. 6a, Y Rollin H. Crawford RHC:tc cc : Marvin Rahn EXHIBIT B .000 IV L Jcfell ek LrC. -- -- w.. `�....... r ,.,�.�. �._....._i.s:�=r.cLi�.�•- —__�r��.( � �/�.i i Vt.� Y iY✓ • K/t /II Looe EXHIBIT C ESTIM�M REAL ESTATE TAXES ASSUKING T119:' ROPERTY IS NOT DEVELOPED NET TAXES TO THE TOTAL TAXES TIF PORTION CITY OF EAGAN 1990 15,000 0- 15,000 1991 15,000 0- 15,000 1992 15,000 1993 15,000 -0- 15,000 1994 15,000 ......::: ::::::::.. 15,000 1995 15,000 15,000 1996 15,000 -0- 150,000 1997 15,000 -0- 150,000 1998 150,000 -0- 15,000 1999 15,000 -0- 151000 1500,000 -0- 150,000 : 4 :' .. SUMMARY OF P1O'POSED COMMERCIAL LAND USE IF THE DEVELOPM ff IS LIMITED TO TWELVE ACRES LAND LAND IMPROVEMENT BUILDING TOTAL REAL ESTATE ACRES VALUE COST COST VALUE TAXES SHOPPING CENTER 10 2,395,800 .... 231,176 3,264,074 5,891,050 206,187 OUTLOTS 2 566,,280:.*--.* 52#2,76 1,500,000 2"118,556 74,149 TOTAL 12 2,962,080 283,4 ; 4,764,074 8,009,606 280,336 TAXES ON UNDEVELOPED LAND 11,400 TOTAL TAX REVENUE 291,736 Based upon meetings with leasing agents, bankers and developers, our best estimate is that the property will develop in three to five years and will consist of ten acres of shopping center and.;: :tiwflots. ESTIMA,=D REAL ESTATE TAXES ASSUMING TWfn ACRES OF THE PROPERTY ARE DEVELOPED IN 1994 TOTAL TAXES NET TAXES TO THE AT 3 1/2% TTF.;PORTION CITY OF LAW 1990 15,000 ' ►0- 15,000 1991 15,000 15,000 1992 15,000 " =0- 15,000 1993 15"000 151,000 1994 145,868 > 145,868 1995 291,736 -0- 291,736 1996 291,736 -0- 291,736 1997 291,736 -0 291,736 1998 291,736 -0- 291,736 1999 291,736 -0- 291,736 TOTAL 1,664,548 1,664,548 •::FAGAN CENTER ESTIra, .,;t TAXEs ASSUMING TW=VE ACRES OF THE PROPERTY ARF 'DEVELOPED IN 1992 TOTAL TAXES NET TAXES TO THE AT 3 1/2% TIF PORTION CITY OF EAGAN 1990 15"000 :**S— 15"000 1991 15,000 : 9— 151,000 1992 145o,868 :: @— 145,868 1993 291,736 'i0- 291,736 1994 291,736 :::0:::.::;:;:.::: :.:.:.:::.:::.:;::::::: 291,736 1995 291,736 8! :-::`•:':: ::: 291,736 1996 291,736 —0— 291,736 1997 291,736 —0— 291,736 1998 291,736 —0— 291,736 1999 291,736 -0— 291,736 TOTAL 2,218,020 2,218,020 SUMMARY OE, PROPOSED COMMERCIAL LAND USE LAND LAND . ::IMPROVEMENT BUILDING TOTAL REAL ESTATE ACRES VALUE COST COST VALUE TAXES @ 3 1/2 SHOPPING CENTER 13.5 3,234,330 312,088 4,406,500 7,952,918 278,352 ICE ARENA 8.0 1,219,680,• 348,480 3,300,000 4,868,160 170,386 THEATER 4.7 1,126,02A:- 108*516 1,8200,000 3,054,542 106,909 MEDICAL/BANK 3.4 814,571-:' 170 :86 1,750,000 2,735,058 95,727 OUTLOTS 1.8 431,24.. 47x$45 600,000 1,078,289 37,740 OUTLOTS 5.0 1,415,700:-.: ;.3 3 ;; $O;:;:;:;:;: i.7 U,000 5,296,380 185,373 TOTAL 36.4 8,241,552 1,117,295 15,626,500 24,985,347 874,487 TAXES ON UNDEVELOPED LAND 4,080 TOTAL TAX REVENUE 878,567 Based upon meetings with leasing; .privy bai*ors and developers, our best estimate is that with the assistance...cf tax-:increment financing, the ice arena, shopping center, medical/bank buildiii :.: eoter and half of the outlots will be developed in 1990 and the remaining outle °:.a : 1::;.be developed in 1991. EA�SAt' ESTIMATE64""EAL ESTATE TADS ASSUMING TAX INCREMENT FINANCING IS APPROVED TOTAL TAXES NET TAXES TO THE AT 3 1/2% TIF "TION CITY OF EAGAN 1990 15,000 4=.. 15,000 1991 768,931 650,iB00 138,031 1992 878,567 650,0QLQ1::::: ;: :;:::::•;:::: ::::: ::::::::: 228,567 1993 878,567 650,:o 00*:::: 228,567 1994 878,567 650,000 228,567 1995 878,567 650,000 228,567 1996 878,567 650,000 228,567 1997 878,567 650,000 228,567 1998 878,567 650,000 228,567 1999 878,567 -0- 878,567 TOTAL 7,811,567 5,200,BFPO.;.;.,.:::'''''' 2,631,567 i SUMMARY OFPRO` ED COMMERCIAL LAND USE IF THE DEVELOPME[1T"IS LIMITED TO TWELVE ACRES LAND LAND IMPROVEMENT BUILDING TOTAL REAL ESTATE ACRES VALUE COST COST VALUE TAXES @ 5% SHOPPING CENTER 10 2,395,800 :: :231,176 31264,074 5,891,050 294,552 OUTLOTS 2 566,280 :::52,276::'' 1,500,000 2,118,556 105,927 TOTAL 12 2,962,980 :..N3,45!:''' 4,764,074 8,009,606 400,479 TAXES ON UNDEVELOPED LAND 11,400 TOTAL TAX REVENUE 411,879 ESTIMATED:;REAL ESTATE TAXES AssumiNG TWELVE ACRES OF THE PROPERTY ARE DEVELOPED IN 1994 TOTAL TAXES NET TAXES TO THE AT 5% TIF::VORTI0N•.• CITY OF MAN 1990 15,000 15,000 1991 15,000 +Ri+ 151,900 1992 15,000 B-:.....:.:.:.:.:. ::..•::::::::•::•:: 15,000 1993 15,000 *' ::.::::.:.::::::::... ... `: . 15,000 1994 205,940 -�- 205#940 1995 411,879 -0- 411,879 1996 411,879 -0- 411,879 1997 411,879 -0- 411,879 1998 411,879 -0- 411,879 1999 411,879 -0- 411,879 TOTAL 2,325,335 2,325,335 ESTIMATEWREAL ESTATE TAXES ASSMING TWEL 'ACRES OF THE PROPERTY ARE DEVELOPED IN 1992 TOTAL TAXES NET TAXES TO THE AT 5% TIF PORTION CITY OF EAGAN 1990 15,000 - '. 15,g00 1991 15,000 - »: 150,000 1992 205,940 - - 205,940 1993 411,879 -$+::: 411,879 1994 411,879 -8'- 411,879 1995 411,879 -0- 411,879 1996 411,879 -0- 411,879 1997 411,879 -0- 411,879 1998 411,879 -0- 411,879 1999 411,879 -0- 411,879 TOTAL 3,119,093 -0- 3,119,093 SUMMARY OF PrOPOSED COMMERCIAL LAND USE LAND LAND IMPROVEMENT BUILDING TOTAL REAL ESTATE ACRES VALUE COST COST VALUE TAXES @ 5% SHOPPING CENTER 13.5 3,234,330 312,088 4,4061500 7r952j918 397,646 ICE ARENA 8.0 1,219,680 :::;::348,4$0 3,300,000 4,868,160 243,408 THEATER 4.7 1,126,026 ' 108,5 ; 1,820,000 3,054,542 152,727 MEDICAL/BANK 3.4 814,572 :.. ::i70,,4 :: 1,750,000 2,735,058 136,753 OUTLOTS 1.8 431,244 .•.•..47t.04.5......: ;::.600.F�d00 1,078,289 53,914 OUTLOTS 5.0 1,415,700 ::::`. . 41,650 :37 ;000 5,296,380 264,819 TOTAL 36.4 8,241,552 1,117,295 15,626,500 24,985047 1,249,267 TAXES ON UNDEVELOPED LAND 4,080 TOTAL TAX REVENUE 1r253r347 ESTIMATED:RFAL ESTATE TAXES ASSUMING TAX INCREMENT FINANCING IS APPROVED TOTAL TAXES NET TAXES TO THE AT 5$ TIF POjON CITY OF EAGAN 1990 15,000 0= 15,800 1991 1,093,981 650,000 443,981 1992 1,253,347 650,001 : :: :.:;:;::. :::.::::::::::.:::: 603"347 1993 1,253,347 650,0 : 603,347 1994 1,253,347 650,000 603,347 1995 1,253,347 650,000 603,347 1996 11253,347 650,000 603,347 1997 1,253,347 650,000 603,347 1998 1,253,347 650,000 603,347 1999 1,253,347 -0- 1,253,347 TOTAL 11,135,757 5,200,004::::..:'.'' 5,935,757