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03/02/1998 - City Council Regular F AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENMR BUILDING MARCH 2,1998 6:30 P.M. I. ROLL CALL&PLEDGE OF ALLEGIANCE IL ADOPT AGENDA&APPROVAL OF MINUTES(BLUE) III. VISITORS TO BE HEARD(10 MINUTE TOTAL'TIME LIMIT) N. DEPARTMENT HEAD BUSINESS (BLUE) V. CONSENT AGENDA(PINK) PP A. PERSONNEL ITEMS p Y B. CONTRACT 96-JJ,acknowledge completion/authorize City maintenance (Norwest 3,d / Addition/Extended Stay America Hotel- Watermain) f' s C. CONTRACT 98-03,approve plans/authorize ad for bids(Oak Chase Add. -Street / Improvements) 6 D. PROJECT 737,receive resolution/petition from Inver Grove Heights and order feasibility report (Jubilation Add.-Utilities) /6? E. HWY 13 IMPROVEMENTS(4 lane upgrade),approve resolution requesting State and Federal �( funds F. APPROVE lease agreements with U.S. West Wireless for antennae installations (Safari and Deerwood Reservoirs) 3 G. PROJECT 663,receive feasibility report/order public hearing(Valley View Plateau-Street and Utility Imp.) H. APPROVE amendments to the Suburban Transit Authority Joint Powers Agreement 8 L PREMISES PERMIT RENEWAL APPLICATIONS,Knights of Columbus#7604,to conduct pull tab operations at Richard's Food&Liquors located at 4185 South Robert Trail and Starks Saloon located at 3125 Dodd Road CORRECTION TO MINUTES for Linder's Greenhouses,Inc. conditional use permit, approved February 3,1998 33 K. FINAL PLAT,RPMC Development Company -Eagan Business Commons,2n1 Addition /�3S'L. RECOMMENDATION,Airport Relations Commit=,sion,Metropolitan Aircraft Sound Abatement Y Council Alternate Representative,Jane Vanderpoel 3�M RESOLUTION,Metropolitan Council,Local Planning Assistance Grant Agreement p(/S'N. AWARD bid packages 6&10,second sheet of ice O. CONTRACT 98-04,Rahn Park tennis court P. PREMISES PERMIT RENEWAL APPLICATION,Fagan Lions Club,to conduct a pull tab 6 operation at Cedarvale Lanes located at 3883 Beau d'Rue Drive VI. 7:00-PUBLIC HEARINGS (SALMON) A. VARIANCE request from Helen and Douglas Bolstorff for a 10' variance to the 30'required setback from public right-of-way for Lot 3,Block 1,Prettyman Heights f� Q B. PROJECT 726,Greensboro Addition(Storm Sewer Improvements) 3 C. PROJECT 727,Donnywood Addition(Street Improvements) rD� ( D. PROJECT 728,Evergreen Park Addition(Street Improvements) v VII. OLD BUSINESS (ORCHID) / A. PRELIMINARY SUBDIVISION&FINAL PLANNED DEVELOPMENT,Prairie Oaks Partnership(Prairie Oaks Addition) /6S B. CONFIRMATION of Findings of Fact,Conclusions&Resolution of Denial,Prairie Oaks Partnership(Prairie Oaks Addition)for a preliminary subdivision and a final planned development VIII. NEW BUSINESS (TAN) A. CONDITIONAL USE PERMIT-AT&T Wireless Services,to allow a wireless communication monopole on the Parkview Golf Course located at 1310 Cliff Road in the NW 1/4 of Section 34 q 3 B. COMPREHENSIVE GUIDE PLAN AMENDMENT-Centres Group Eagan,Ltd.,changing the land use of.61 acres from D-III(6-12 units/acre)to Commercial Planned Development, a REZONING from R-4(Multiple)to Planned Development,and a WAIVER OF SUBDIVISION to combine part of Lot 1,Block 1,Park Center Second to Park Center Sixth Addition,located in the Snorthwest corner of Cliff Road and Cliff Lake Road in the SE?�4 of Section 30 C. Q FINAL SUBDIVISION&FINAL PLANNED DEVELOPMENT-Park Center Sixth Addition, Centres Group Eagan,Ltd. 0 7 D. PRELIMINARY&FINAL PLANNED DEVELOPMENT-Commonweal Development Corporation,for Lot 1,Block 2,Eagandale Center Industrial Park No. 9,for a three-story,85 room,Microtel Inn,located in the southwest corner of Lone Oak Road and Lexington Avenue in the NE 1/4 of Section 10 p?� E. ORDINANCE AMENDMENT-City of Eagan,to Chapter 11 entitled"Land Use Regulations (Zoning)"by amending Section 11.10,Subd. 30 regarding regulations of Antennae,Towers, Satellite Dishes and Wind Energy Conversion Systems"and by adopting by reference Eagan City Code Chapter 1 and Section 11.99 F. APPROVAL,PEG Access Management Report and Definitive Agreement for the transfer of PEG F.)33 Access responsibilities from Meredith Cable to the Burnsville-Eagan Telecommunications Commission G. CONSIDERATION of changing from even year to odd year elections tJ P-0 I r IX. LEGISLATIVE,/INTERGOVERNMENTAL AFFAIRS UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) XI. VISITORS TO BE HEARD(for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities,facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,marital status,sexual orientation,or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received,the City of Eagan will attempt to provide such aid. Updated 2-26-98-3:25 p.m. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 27, 1998 SUBJECT: AGENDA INFORMATION FOR MARCH 2, 1998 CITY COUNCIL MEETING A4� TA11FPl( ; I�1>�7T After approval is given to the March 2, 1998 City Council agenda, the minutes of the February 17, 1998 regular City Council meeting, and the minutes of the February 3, 1998 and the February 10, 1998 special City Council meetings, the following items are in order for consideration. MINUTES:pF.A:#tEG�1, IZ:M �'£3'ING OF THE C{3iJIL Eagan,MinnescA*` February 17,199$' A regular meeting of the Eagan str:Council wa$:#ielid on Tuesday,February 17,1998 at 6:30 p.m. at the Eagan Municipal Center. Present weaQigdit ;aiihd Councilmembers Wachter,Awada,Masin and Blomquist. Also present were City Adm ii'9&i,tii'r''j om Hedges,Senior Planner Mike Ridley,Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. GENDA It was noted that an Executiveis�taW iii:)W1d'Tollowing the regular meeting. Councilmember Wachter moved,Councilinember.4-c3ada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 NQNUTES OF TM-MBIWAR'x 19%REGULAR MEETING Councilmember Masin moved,Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 IGI MUTES OF THE JANUARY 27,1998 SPECIAL MEETING at:sti2tie.of.the dialogue that occurred at the meeting was not Councilmember Blomquist statecf:tli reflected in the minutes. Councilmember Blomquist moved, iunetlrr[er:Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 ....: -VISITORS TO BE HEARD Dan Wilharber,2082 Carnelian Lane,requested a neighborhood meeting be held with City staff, residents and representatives of Delta Development. City Administrator Hedges noted that no new application has been received from Delta.Development yet.. He added that the City Council wants the public to be informed of any new propis4. iatt#Ctt# i1 :Juse tax increment financing is being considered. Councilmember Awada said that it is impdrtarit'for all the parties to meet before there is a final proposal and a representative of the Council-'Aould 46be present. Councilmember Blomquist stated that the business community should also l jnvited to:attend. Councilmember Awada said that she intended for the Cedarvale Merchants'Association to bi�::j�cluded. City Administrator Hedges noted that legal notices will be sent out to certain property owners%"Aiut he added that anyone is welcome to attend the meeting. Councilmembers Blomquist and Masin indicated that they would like to serve as the Council representatives. OtECOGNTTIONS&PRESTNTATIONS RECOGNITION OF ADVISORY COMMiION MEMBERS'SERVICE City Administrator Hedges pi�jjfai : cj?o i rview Qri this item. Mayor Egan commented on the role of advisory commission members. The following outgoing commission members were:recogn and for their dedication and service to the City of Eagan: Mark Miller and Charles Thorkildson,Advisory Planning Commission;Michael EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 17,1998 PAGE 2 Steenberg and Jonathan White,Airportel' oi#8:eoon;Bruce Goff and Ron Voracek,Economic Development Commission;and B.A. "Al"Sw6il4i44�lid Chaste Abatement Commission. A certificate was presented to Charles Thorkildson who was present and Mayor Egan thanked all the outgoing commission members for their service and commitment. PRESENTATION OF SENATQR', :AWARD.IN tIONOR OF GEORGE SCOTT, FORMER MEM$ ; r1RE DEPARTMENT City Administrator Hedges provided an dVerview 664his item. Mayor Egan read a letter sent to Senator Rod Grams by George Scott's son Michael:�.inda Wv#rom,representing Senator Grams, resented the congressional award to p gther ,,,SCpXt:�..• :�in r�.giiition of Mr.Scott's 20 years of service and dedication to the Eagan Fire Departme>a*t::: ::: DEPARTMENT HEAD BUSINESS Councilmember Masin mentioned that she attended the Firefighters'Appreciation Dinner. She stated that the volunteer firefighters provide an outstanding service to the community and said that their service is greatly appreciated. City Administrator Hedges said that 1�ataii-'-:'. itz,an eighth grade Eagan student,was recently named the Metro Player of the Year in girls'h6ckey;.I a suggested that the City Council could send a letter and invite her to attend a future:Ci Co g. Councilmembers concurred with his suggestion. .:-`LONSENT AGENDA In regard to Item A 1,Resignation of ion Qyanagi,Recreation Supervisor,Councilmember Wachter stated that he wishes Jon Oyanagi the best in his new position. Councilmember Masin stated that he has been an outstanding member of the Parks and Recreation staff. City Administrator Hedges added that he was very dedicated andi :aY ?ak :joi: id will be missed. In regard to Item C,Resolution to issue a :sell$3,3:¢,000 General Obligation Improvement Bonds,Councilmember Blomquist referenced the:f: fiolutior;:� the Council packet and asked where the rest of the money for the special assessment will ►e from.'-- Egan noted that the language contained in the resolution is required by statute." C ity Attoy Sheldon said that in order to bond for special assessments the City has to levy a minimum of 20% of the project cost. Councilmember Blomquist stated that she would like to know what the amount is. In regard to Item I,Award bid packages 3-14,second sheet of ice,Councilmember Wachter inquired about the bid results. City Administrator Hedges 5Rid that staff is recommending that bid packages 6 and 10 be held until the next City Council meetftfor further review. He also said that bid package 12 is on hold and may need to.b�e:sel :.:;# e.adtied:.khat the total project cost is significantly less than the projected cost. He thanked tli #gh*.ot.** -strut'#ian manager and Director of Parks and Recreation Vraa for their efforts. Mayor Egan also tlianicect l.raa for his involvement with regard to the successful bid package. In regard to Item J,Project 737,receive resolution/petition from Inver Grove Heights and authorize feasibili report(lubilation Add.-Sewer and Water),Councilmember Wachter inquired about the number of trees that will be removed and'if tree replacement is proposed. He said he was concerned about how many more of these developments are going to be contiguous to the Eagan border and he asked what areas will need to be serviced by Eagan's water and sewer services. Director of Public Works EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 17,1998 PAGE 3 Colbert stated that there is an exhibit to'fKe Joint Powers Agreement which defines the land area within Inver Grove Heights which would poss*be serviced by.Ei& ►utilities. Councilmember Blomquist requesteitliiti�s 3} i be continued to the March 2,1998 City Council meeting to allow the Council to look of flie'piaf and determine what the impact will be to the Eagan neighborhoods across the road from this development. She added that the Eagan residents should have an opportunity to speak on this matter. Director of Public Works ColbeFt:#wtW:th4t.he..rcLpjd:provide the Council with a copy of the Inver Grove Heights'planning report which vo :iiiiea#e:tiit ;;ge:gi.the lots in the development. Councilmember Masin referenced the meeting ti4t'vas heli. th the mayor and city administrator of Inver Grove Heights and said that she thought these issues and uses were discussed at that time. Mayor Egan said that if there is a change from what wo":�scussed:IR Council should be made aware of it,but he added that this use was discussed at:$#p:mA,etiiig;::Dlre fb :vf Public Works Colbert stated that he did not think there was any significant char e;:b il:'furtlie :St'o'ted'he was not certain and could give the Council an update at the next meeting. He added that he did not recall if the planning report addressed tree mitigation. Mayor Egan said it was his recollection that it was stated in the Joint Powers Agreement that Inver Grove Heights had to meet most of the City of Eagan's professional planning,utility and park requirements. Councilmember Blomquist mgve±d;::Councilmember Wachter seconded a motion to continue this item to the March 2,1998 City Council IIieetiFi&i.the-requested information may be provided to the Council and the adjacent Eagan residents notified'6f:tl e:;pr'dposed development if they had not been notified by Inver Grove Heights. Mayor Egan stated that the City.C... i3ci7:Approved the global Joint Powers Agreement that contained requirements for land use d�sigsttons. He added that the City has entered into a contract and it must be honored unless there has been a change in circumstances. Director of Public Works Colbert said it is his understanding that the City of Inver Grove Heights would notice property owners in Eagan within 350 feet of the boundary. Councilmember Awada stated that she was only willing to re-examine this issue if the land use has changed from what was approved in the Joint Powers Agreement. Councilmember Wachter not4t#it;> ee9glois dT not know what was going to develop along the boundary and should be given an opportunity,to speak on the matter. Senior Planner Ridley said that State Statute requires that property owners withi:*X**350 foat: adius be notified of a proposed development,and therefore;Eagan residents shcri kdj have reci ived notification from the City of Inver Grove Heights. Councilmember Awada requested that the item be continued to New Business for further discussion. Councilmember Blomquist requested the item be continued for two weeks. A vote was taken on the motion to continue the item.tp the March 2,1998 City Council meeting. Aye: 2 Nay: 3 (Mayor Egan and Councilmembers Awadaarid Masin opposed). The motion failed. Councilmember Awada mov"; qi i ieilMrn seconded a motion to continue the item to New Business. Aye: 5 Nay: 0 In regard to Item N,Amendment to final plat,GV ,�,-crer s Greg and Valerie Rathman Councilmember Wachter noted that the property is being plafted 30 feet from the shoreline and he asked who will own the property up to the lake. Senior Planner Ridley said it is considered public water and is consistent with the setbacks of the other properties around the entire lake. A. Personnel Items EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 17,1998 PAGE Item 1. It was recommended to approve:fhe hiring of Mary Swenson as a Clerical Technician III for Administration. Item 2. It was recommended to accept the Ie# t:pfeStltin from Jon Oyanagi,Recreation Supervisor. Item 3. It was recommended to approve the hiring of Sonya Rippe as a temporary seasonal Softball Program Coordinator. Item 4. It was recommended to approve.."l#ri of f1r xin-Skumatz as a part-time temporary seasonal warming house attendant. B. Resolution establishing the date for a public hearing on probosed amendments to the financing of the Thomas Lake Place Apartments project. It was eetiinmendQ:fo approve a resolution establishing the date for a public hearing on proposed a=0Ftdsi#0kts; p:#li :fi ricing of the Thomas Lake Place Apartments Project. C. Resolution to issue and sell$3,370,000 General Obligation Improvement Bonds. It was recommended to approve a resolution to issue and sell$3,370,000 general obligation improvement bonds. D. Duplex Lot Split,Tohn B. Mahoney for Lot 3,Block 1,Wescott Hills 5th Addition. It was recommended to approve a Waiver of Subdivision for':a4iip1ex lot split to allow for individual ownership for Lot 3, Block 1,Wescott Hills 5f Addition located:4$:8 ::6t':824.TraiLs End Road. E. Extension of preliminary subdivision for g i rdenwood Ptrvds 3rd. It was recommended to extend the preliminary subdivision approval for one yea :to.Api l4;J. F. Final Subdivision for Town Centre70:-T''.•w6i tieth Addition-Kennedy Transmission. It was recommended to approve a Final Subdivision,Town Centre 70 Twentieth Addition,consisting of one lot and one outlot on 7.63 acres currently platted as Outlot A,Town Centre 70 Nineteenth Addition,located in the SE 1/4 of Section 15. G. Extension for recording the final plat•a(-JCJng_§w20..l?onds 2nd Addition-Horne Development Corp. It was recommended to extend the recon'. jjn *;6f: t : ia3:tZat©f Kingswood Ponds 2nd Addition for 60 days to March 16,1998. ............. H. Extension for recording the final plat of UPS 7ri4:Additioi*"Hedlund Engineering_ It was recommended to extend the time for recording thiglinal platin:UPS 2nd Addition for nine months to October 15,1998. I. Award bid packages 3-14,second sheet of ice. It was recommended to approve bid packages 3 through 14,excluding packages 6,10 and 12,for Contract 97-18,Civic Arena second phase. J. Project 737 receive resolution/petition from Inver Grovil*ights and authorize feasibility report (Tubilation Add.-Sewer and Water). It was recommended:6:receive a resolution/petition from Inver Grove Heights requesting the extensiolt p-K6* eF a€i ita iii es to the proposed Jubilation Addition and continue consideration of preparafioi 4.a:-f4k1361 c i+e&rt to the March 2,1998 City Council meeting. (This item was discussed under New Business,Item:B) K. Resolution relating_to financing of second sheet of ice. k'W"as recommended to approve a resolution relating to financing of a second sheet of ice. L. Resolution for support of Youth Initiatives Bill. It was recommended to approve support of the Youth Initiatives Bill that is before the State Legislature as part of its 1998 bonding bill. EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 17,1998 PAGE 5 X. M. Exemption from lawful gambline license-Metro/Twin-Toins Chapter National Wild Turkey Federation,raffle to be conducted at RoW..Cliff,March 21.4996 It was recommended to grant an exemption from lawful gambling license* -mt rement for;&Metro/Twin Toms Chapter of the National Wild Turkey Federation for a raffle to be cdtfttiic :att }'Cliff Banquet Center on March 21,1998. N. Amendment to final plat,GVR Acres,Greg and Valerie Rathman. It was recommended to approve an amendment to the Final Subdivision,GVR Acres,changing the private street easement to a separate outlot. O. Appoint alternate commissioner to t#u of 'a*0:-Ttansit Authority It was recommended to appoint Assistant Finance Director Tom Pepper a 'tlxe alter>1A# commissioner to the MVTA. P. Skyhill Park,reconveyance/rededication to/f in Blue 0'495 Blue Shield Minnesota(BCBSM)East Addition plat recording, It was recommended&V' prove;f�eaeconveyance and rededication of Skyhill Park from Blue Cross Blue Shield MN( j and::a;i .... the Mayor and City Clerk to execute all related documents. In regard to Item C,Resolution to issue and sell$3,370,000 General Obligation Improvement Bonds,City Administrator Hedges stated that the bonds are being used to finance 13 improvement projects and he provided the balance of the unpaid assessments to be financed by the sale of bonds. Councilmember Wachter move4l"', ii i ctltx►ember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PROJECT 729,WILDERNE� -1m&6TH ADDITIONS-STREET OVERLAY City Administrator Hedges provided an overview on this item. Design Engineer Gorder gave a staff report and provided detailed information on the project. Councilmember Wachter stated,that the City's pavement management program has been successful. He questioned why 24% o.6bl. is stit g c iifi aitd::gutter needs to be replaced. Director of Public Works Colbert stated that in the''first-ri—i d"o'f--8 i*7y:and reconstruction the percentage of curb and gutter that has to be replaced is significantly:Wgher bededise of the damage caused during home construction. Mayor Egan opened the public hearing to anyone s#►ing to speak. Janet Bates,1286 Easter Lane,complimented the Engineering Department for the excellent job they did in explaining why the project needs to be done. She requested that the City Council approve the project. Jim Blair,4270 Dunrovin Lane,stated that he is notalti favor of the project. Mary Charbonneau,1299 East eri t ;; vtl .improvements are not being paid for out of the general fund. Mayor Egan said that approximately two-thirds of the assessment amount is being paid for out of the general fund. Director of Public Works Col ei oxplained how the City.Council arrived at the assessment policy. He noted that the City of Eagan has:iiriie of the lowest rates in the metropolitan area and said he thought Eagan ranks 95th out of 108 communities with its property tax statement. Councilmember Blomquist said that she thought the City of Eagan ranks 74f. Mayor Egan commented that he thought Director of Public Works Colbert was very close to the figure. Director of Public Works Colbert stated that the City Council has worked hard to keep the tax rate down and that the Council has felt that a combination of property taxes and some special assessments by the benefiting property owners EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 17,1998 PAGE would be the best option. Ms.Charbonitieau stated that she diffnot agree with the policy and said she pays enough taxes already. Jon Van Diver,1302 Easter Lane,s he Wv0A &d to the overlay because he feels there are other streets in the City in more need of repair: Mayor Egan noted that the Council is in the process of looking at the feasibility of reconstructing the streets in the Oak Chase neighborhood. Councilmember Masin mentioned that there is a schedule for street maintenance for every neighborhoodan.the City.. Mayor,Egan commented on the Pavement Condition Index which rates the surface:irgikt3 6t i;gf:e *W.. Councilmember Awada said that if the street is not improved it could eventually result ii3: ie'neecl f&-total reconstruction which would be much more costly. Director of Public Works Colbert pr ed a tax:*eakdown of the street maintenance program as it applies to individual property ownws. Jim Updegraff,4248 North Mai....: : i#e;'sa's iaf the Engineering Department did an excellent job in providing the information to the residents. He acficIeci that he would like to see the street resurfaced. Darrell Isebrand,4268 North Nybro Lane,indicated he was in support of the project. There being no one else wishingaoe5peak,Mayor Egan turned the discussion back to the Council. Councilmember Wachter said that no 6hLk*:}ff':f r of paying taxes,but he added that the City of Eagan's property tax rates are among the towosfiiri Eie: etropolitan area. He added that the City Council has always worked to keep taxes low. Councilmember Blomquist said she is .O.Mod•about the City's assessment policy and is also concerned that the assessments are not:.-U &ductible. She added that she would like to see the City plan better for road repair and said she doeg riot feel that taxes should have to be increased to pay for these repairs,but rather the City should spend more wisely. She further added that she is concerned with the appraisal system and said she feels there is a problem in the way that benefit is determined. Councilmember Masin commented that she feels the Council has done a good job in trying to accommodate the entire City with regaFdtafitcfpie said she does not have a problem with a change in the assessment policy. Mayor Egan stated that in order for the Cid to assess:4 property owner benefit has to be proven which indicates that the property value has risen :Ne further:stated that a property owner is entitled to a tax deduction or an increase in property value,but not both.:*:'-'-' Councilmember Blomquist said that she believes there are problems with the appraisal process and that the City may be in conflict with the rules and added that she will not vote in favor of this project. Councilmember Awada commented on a flyer thai*.;4aas distributed to the neighborhood and said that it did not come from the Council as an official body az�.said she was sorry that they had to be brought into a political battle going in:zwi#k►*it:the nciJ:•:.:.;.;.; Councilmember Wachter moved,Councilmeml;b r Awada seconded a motion to close the public hearing and approve Project 729(Wilderness Run 4th,5�h afia:�th Additions-Street Improvements)and authorize the preparation of detailed plans and specificatiti ; Aye: 4 Nay: 1 (Councilmember Blomquist opposed) EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 17,1998 PAGE 7 LD BUSINE89i"' RECONSIDERATION,PRAIRf O-AKS PARTI�FE#tt;IIIP(PRAIRIE OAKS ADDITION) PRELIMINARY SUBDIVI3 N:-`AN.0.la#} :i4L PLANNED DEVELOPMENT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada moved,.Cpuncilmember Masin seconded a motion to approve reconsideration of Prairie Oaks Additiogi#'iitisii;';:Si# iYfson and Final Planned Development at the .•.. P March 2,1998 City Council meeting. Marcelle Reeder,2155 Warrick Court,eVi$ssed her.-concerns with the proposed development. She suggested some alternatives for the•dgYelooiiti t of LpM Mayor Egan explained to her that the Council is only being asked to reconsiC[ii':lii 46,@Jn1`m: seussion at the March 2,1998 City Council meeting. Councilmember Wachter stated that the Coiiiicil'will not consider Lot C for development at that time. Chris Moam,applicant,said he understands the City Council's position with regard to tree removal and the downsizing of the development. He further said he wants to concentrate on development of the two buildings on L'Ots;A and B for now. A vote was taken on the motion. Aye CONFIRMATION OF FINDINGS OFIACT,COMMT�f.SIONS &RESOLUTION OF DENIAL PRAIRIE OAKS PAR'X}:EP,.'g IF'.: PRAIRIE OAKS ADDITION) PRELIMINARY SUBDF-V $f#3N"AIVD FINAL PLANNED DEVELOPMENT Councilmember Masin moved,Councilmember Wachter seconded a motion to continue the Findings of Fact,Conclusions&Resolution of Denial of the Prairie Oaks Addition requested by Prairie Oaks Partnership located on Slater Road in the NW 1/4 of Section 31 to the March 2,1998 City Council meeting. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISIOK.-'i SND CONDITONAL USE PERMIT TRANSPORT AMkICA City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He indicated that staff determined inclusion of condition no.4 of the Preliminary Subdivision was premature at this time and are recommending that it be removed. Mark Hanson,representing Transport Corporation**J America,said that they are in agreement with all of the conditions. Councilmember Wachter com%tW*j a i;$ie tiSe:of cycled asphalt. Mr. Hanson noted that they have had great success using recycled'asphalt. 'Couiic&ei&r Wachter requested to be informed about the exact thickness of the asphalt. Councilmember Awada moved,Councilmember Wachter seconded a motion to approve a Preliminary Subdivision(Transport America)consisting of two lots on ten acres subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 17,1998 PAGE Standard Conditions 1. The developer shall cori :with these star"U'd conditions of plat approval as adopted by Council on February Al,B1,C1,C2,C4,Dl,El,F1 aiid'Gl" 2. The property shall be platted. 3. The applicant is responkfbWWa::eas'l- aid trail dedication. Aye: 5 Nay: 0 Councilmember Awada moved,Counci#inxnber Vac#iter seconded a motion to approve a Conditional Use Permit for Lots 6 and 7.;; fJL'C ;:Sr' il _li#iial Industrial Park,to allow expansion of parking as a principal use on Terminal Ve iii the§Ki(�a—Y er of Section 8 subject to the following conditions: 1. The applicant shall record the Conditional Use Permit at the Dakota County Recorder's office within 60 days of Council action. 2. The applicant should iEl { p vide additional plantings along the north boundary of Lot 6 to also provide screening of tt storge.from southbound traffic on Terminal Drive. 3. The proposed parking lot sfi4 be constructedwith concrete curb and gutter around all edges of the parking lot,and:xecyckA, sptte�#'in the areas not constructed with concrete landing pads. If recycled.agiftj.tis:&emed inadequate by City staff upon review within two years of its insta]406ft '6ien the recycled asphalt shall be replaced with bituminous surfacing. 4. The developer shall obtain a grading permit from the City prior to construction of the proposed parking lot. 5. A concrete drivewayi}i?ai is:iit:l .0 e 4vith City standards shall be constructed onto Terminal Drive. 6. To require that the applicant ins€al#:an addiral thirty(30)Category C trees (or an equivalent combination of Cateo-y A or 00te�gory B trees)as mitigation for significant tree removal in excess of allowable limits. A'revised landscape/tree mitigation plan shall be submitted for staff review with grading permit application. 7. To require that the applicant install 130 Category C trees(or an equivalent combination of Category A or Category B trees)as fulfillment of tree preservation mitigation at the time of future development on Lot 6. Aye: 5 Nay: 0 PROJECT 737,RECEIVE RESOLUTION/PETITION_nOM INVER GROVE HEIGHTS AND AUTHORIZE FEASIBILITY REPORT(JUBILAfTON ADD.-SEWER AND WATER) Director of Public Works Colbert provided the Council with an exhibit to the Joint Powers Agreement which showed the land use of Jubilation Addition. He said that the land uses are in conformance with their proposed use of the property. He also provided a copy of a page of the Joint EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 17,1998 PAGE 9 Powers Agreement which pertained to ;�evelopment plans"a-.the City of Eagan's role in the approval of those plans. He referenced the Inver Gzave Heights'staff report which addressed tree preservation. Councilmember Wachter stated tfta #pe:,d�es not t to see the loss of oak trees on the hill. He further stated that the surrounding Eagave an opportunity to speak on this matter. Councilmember Masin asked if anyone has checked to see if Eagan residents were notified of this development proposal. City Administrator Hedges said that staff could obtain a copy of the abstract list from the City of Inver Grove Heights which will indicate who was notified. Councilmember Masin requested that the minutes of the Inver-I fi4y tilS=: tt�r;C,Utincil and Planning Commission meetings be included for general information to the igYit y tii It was also suggested that a map be included showing the land uses. Councilmember Awada moved,Counci i,ember Bic uist seconded a motion to receive a resolution/petition from Inver Grove Heigh X uestwgy;:bzi xtension of sewer and water utilities to the proposed Jubilation Addition(Project73v"�}'aiii prep ram of a feasibility report was continued to the March 2,1998 City Council meeting to allow staff time to determine the sufficiency of the notification of Eagan residents. Mayor Egan said he would support the motion,but noted that the jurisdiction of the City of Eagan is limited because of the Joint Powe;s Agreement the City has entered into with Inver Grove Heights. Councilmember Awada asked staff#o.requesE t#ia 'the City of Inver Grove Heights notice the adjacent Eagan residents in the future if the�are within.350feet of the proposed development and provide verification that notices were sent. ::::: Councilmember Blomquist coriiented that she believes the law allows for some forgiveness if a property owner is inadvertently missed in the notification process as long as an attempt was made to notice the majority of the neighborhood. City Administrator Hedges said that since the City of Eagan notifies property owners within 350 feet of a proposed development the City Council cannot require the City of Inver Grove Heights to notice beyond that boundary. A vote was taken on the motitui. Ay6::5:.15T LEGISLATIVE/INTEit.4*3.OVERf4&ENTAL AFFAIRS City Administrator Hedges mentioned tjtafi legislag6 concerning the Caponi Art Park will be discussed at the legislature on Wednesday. He also mentidii0iia that Representative Pawlenty is suggesting that the City not sunset the four additional liquor licenses being requested,but rather come back later with a revision to cap the number of licenses. Councilmember Masin said she was at the legislature;last week and Senator Belanger was the sponsor of a bill on behalf of the Suburban Transit Associafiloti requesting that the property tax statement differentiate between the transit tax and.ci fix; Councilmember Wachter referenced the Administiiiior's report in the 1998 budget book and said there is a message in there and the entire City Council should work together for the City of Eagan. He added that Finance Director Gene VanOverbeke,Assistant Finance Director Tom Pepper,Accountant II Linda Fink and the other Finance Department staff are to be commended for the fine job they do preparing the financial report. He mentioned the Award of Financial Reporting Achievement that Finance Director VanOverbeke received. EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 17,1998 PAGE 10 Councilmember Awada said that.the Friends of the Farm Annual Report was excellent. She noted that Recreation Supervisor Jon OyS,# volunteered.Wime to prepare this report. She added that he will be missed. Councilmember Waci4j:�aced that;t e lends of the Farm will really miss him also. He reviewed some of the activities that have: ®c alz Farm Park. City Administrator Hedges referenced direction provided at the February 3 City Council meeting to provide income from a cellular tower to the Holz Farm Park. He asked for clarification if the income was to come from an existing or future cellular tower. Councilmember Wachter said he intended the income come from an existing tower. Cbli tqMitesberAwada:suggested that this issue be discussed in further detail at the next work session. Councilmember Masin commented on the.:incredible farewell held for former employees Tom Struve and Shannon Tyree and the amount of palpation# i the staff. She referenced a memorandum sent to the Council indicating that appraisals:} i1:be;1tgpt:}s�!:the appraisers. She said she does not see the value of doing this and feels comfortable vit#r'Elie City:*Attor'n'ey keeping them since the City is incurring the cost of the appraisals. City Administrator Hedges stated that it was a recommendation of the Finance Director that if the City pays for the appraisals the City should be able to entitled to them. City Attorney Sheldon said that the City Attorney's office does not do anything with the appraisals unless and until there is a challenge. He added that all that is needed from the appraiser initially is his estimate of value in those situations where there may be litigation. Councilmember Masin asked if the City's cost is less when the appraiser keeps the appraisals. SMI d:bir:said.that the City pays a large amount for professional services and if the appraiser does not prodiite:�ai:afitttAl.report the costs might be less. Councilmember Masin noted that she is concerned about the ptenthil4kid§ing documents and not having ready access to the information if the appraiser keeps the*0praisals.• Councilmember Awada concurxed:.w.' : o ncilmember Masin and said that the way the City Council has done this all along has woik#d'and there has not been any controversy until the last six months. She added that she is comfortable with the process. Mayor Egan concurred. Councilmember Wachter said he is comfortable with the process but is concerned that the City Attorney should not be obligated to keep the appraisals in their files,but rather the City should keep them. Mayor Egan stated that would be contrary to policy. Councilmember Awada said she felt the City Attorney should keep the appraisals. Councilmember Wachter asked,if-1he:appraiser..kegps the appraisals and for how long. City Attorney Sheldon said he would check:ia:the:xti ?tter:::?.v*.i member Blomquist stated that the question still exists as to who is the client. Councilmember Blomquist commented q45*:. e Histifi.y.Committee meeting held today. She mentioned the Lone Oak Years book and said theta is a pos i#ity that it will be reprinted. She asked if any member of the Council felt there should be an addendum to the book adding information from recent years. Councilmember Wachter noted that,with regard to an addendum,it may require a City Council policy as to how often this should be done. Councilmember Blomquist said that some history may have been left out of the original printing and it may be worthwhile to include it. Councilmember Masin suggested that a videotape be taken of the pioneers of Eagan who are still alive. Councilmember Wachter stated that this was on the agenda for today,but they did ridChave time to address it. Councilmembers Blomquist and Wachter requested that volunteers who are interested in working on this project contact City Hall. HECK REGIST�R Councilmember Wachter moved,Mayor Egan seconded a motion to approve the check register dated February 11,1998 for 1997 expenses in the amount of$4,959,310.19 and the check register dated February 12,1998 for 1998 expenses in the amount of$376,856.73. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 17,1998 PAGE 11 Mj0URI1IlbIBI1..T.' The meeting adjourned at 8:45 Ojit. to an Executive•Seesion for the purpose of discussing collective bargaining for the maintenanc ; i .and the stafiS:flf pending litigation. Present were Mayor Egan and Councilmembers Wachter,Awaaj,::1ti#Sk:awti;$lomquist,City Administrator Tom Hedges and City Attorney Jim Sheldon. MLK Date ... City Clerk If you need these minutes in an alternative fpmSY1C?:aa: ►rge pig}faille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 5 � : .i '681 ? :WD phone:(612)4548535). The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities, facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,sexual orientation,marital status or status with regard to public assistance. MINUTES f:;X.k.'g! ;AR :M.'EE- 'ING OF THE :WAVCI'I'Y°'CCyl.NCIL Eagan,Minnesc6.' March 17,199&... A regular meeting of the Eagan Cit Coktt►cil l 9 on Tuesday,March 17,1998 at 6:30 p.m. at the Eagan Municipal Center. Present were.1 &y�irltjj:aiict Councilmembers Wachter,Awada,Masin and Blomquist. Also present were City Administrator Tom Hedges,Senior Planner Mike Ridley,Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. AGENDA City Administrator Hedges merititiYt2d'tfi$€:#i '�voiilcj ice to introduce two new employees prior to Department Head Business. Councilmember Blomquist moved,Coati 11membes: sin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCH 2,1998 REGULAR MEETING Councilmember Blomquist moved,Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF TfW"$RUARY 24,1998 SPECIAL MEETING Councilmember Blomquist moved,Qounciliiii�iif r%Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 1fC9`TO BE HEARD Fred Sabongi,596 Hackmore Drive,stated that his business,specializing in architecture and interior design of historic buildings,has moved to Eagan. Director of Public Works Colbert introduced Charles Borash as the new Utilities Maintenance Supervisor and Kurt Schlegel as the new,*.,t:IV 1{ anee Supervisor. DEPARTMENd3;.HEAD B.VSINESS UPDATE BiA-OCH REFINERY City Administrator Hedges introduced Mike Hansd*the Interim Director of Public Affairs, representing Koch Refinery. Mr.Hansel commented that Koch Refinery is in the process of implementing additional improvements to prevent ground water contamination and improve air quality for the facility. APPROVE THE BID AWARD FOR THE SALE OF$3,370,000 GENERAL OBLIGATION IMPROVEMENT BONDS,SERIES 1998A City Administrator Hedges prgv Ct t� i -"'.'i''i'this item. Dave MacGiIhvary,representing Springsted,provided a summary of the'l5iiiitl'sale:'hi safd tl at Piper Jaffray,Inc.had the best bid. Councilmember Masin moved,Councilmember WAC�ter seconded a motion to approve the resolution awarding sale of$3,370,000 General Obligation I'riiprovement Bonds,Series 1998A,fixing the form and specifications thereof,providing for their execution and delivery,and providing for their payment. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE APPROVE THE SALE E)�:APPROXIMATIrkY$1,565,000 CIVIC ARENA aONS REVENL�s,:$ANDS Dave MacGillivary,representing SpTiYfgsbecl-,-f*dvided a status update on this issue. He recommended that the Council authorize City staff and Springsted to negotiate the sale of the bonds at a rate not to exceed 6.2% and continue action to the April 7 City Council meeting. He stated that the market is volatile at this time. Councilmember Masin moved;;!`iLii ?3 ?i32t JRivacla seconded a motion to authorize the City to sell bonds in the amount of$1,565,000 for Civi-.:*Xrena Gtoz:Revenue Bonds at an interest rate not to exceed 6.2% and ratification will occur at the Api�11'47,1998 CttyCouncil meeting. Aye: 5 Nay: 0 Councilmember Masin requested that; Cf or of Z'-ubiic Works Colbert provide background information regarding the Southern L400 To.�i::01.j* er Grove Heights. Director of Public Works Colbert clarified the location of the tower and stated tliat'the land was purchased by the City of Inver Grove Heights and was dedicated to the City of Eagan. He added that the City of Eagan is financing the cost of the water tower,which will serve both Eagan and Inver Grove Heights'residents,who will also fund the cost of the tower. Councilmember Masin noted that the City Council spent a lot of time addressing all of the issues prior to entering into a Joint Powers Agreement with Inver Grove Heights. Councilmember Blomquist inqufri A6itt.the residents in the Valley View Plateau subdivision and their interest in being included in the Part'15f1 ogram, Assistant to the City Administrator Hohenstein stated that the residents'homes:' e located butside the program area,but residents have contacted the Metropolitan Airports CommiS9ion.a tc : +�izestied expansion of the eligibility area. He said that the Airport Relations Commission will•3oa :e va}+$fo support this request but it is important to be cautious. Councilmember Blomquist a1laat whatever the City can do to help get these residences included in the program would be goon'. Police Chief Geagan,on behalf of the Eagan Lions Club,presented a check in the amount of $7,300 as a donation to the Eagan Police Department to update and provide defibrillators in squad cars. Councilmember Blomquist requested tb t a leiteX of thanks be sent to the Lions Club from the City Council. CONST AGENDA In regard to Item I,Final Subdivision&d ial Planz�:: Development-BCBSM East Addition, Councilmember Masin said that in response to the neighbo�#Wod's concerns regarding this development she would like to direct staff to schedule a meeting with the neighbors to discuss what is occurring with this development. City Administrator Hedges noted that the neighborhood's primary concerns involve transportation issues. In regard to Item J,ARRrove license agreement for-.. rldcom Fiber-optic cable installation, Highline Trail at Thomas Lake Road,Councilmember Bloait}uist asked for clarification on the installation of the cable. Assistant to the City Ad *W.:€3q*,er*e ::provided an explanation. Director of Public Works Colbert stated that this item w 1ieJgcotifiiiLLi: ie April 7,1998 City Council meeting. In regard to Item N,Award contract,Rahn Park!OM court,City Administrator Hedges noted that this item was being continued to the April 7,1998 Citk:Council meeting to allow for further analysis of the bids. A. Personnel Items Item 1. It was recommended to approve the hiring of Kurt Schlegel as Street Maintenance Supervisor. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE 3 Item 2. It was recommended to approv�..je hiring of Erik Sletterdahl as GIS/Computer System, Coordinator in the Community Developi�ieitt•]Department;::::::.:- Item 3. It was recommended to approve the'hii'stig bf:Mary Granley as Code Enforcement Technician in the Community Development Department. Item 4. It was recommended to approve the hiring of Robert Kirmis as a Planner in the Community Development Department. Item 5. It was recommended to approve the hiiiiig:pf MwiiitT-Tavilla as Building Maintenance Supervisor. Item 6. It was recommended to approve#e.h ig; pf Ryan Bausch as a seasonal park laborer. Item 7. It was recommended to approve the hiring of Wliael Hadden as a seasonal street maintenance worker. Item 8. It was recommended to accept the letter of resignation from Camelia Balow as an Engineering Clerical Tech III. B. Receive petition/order public hear64 i':ea trtentvacation Pinetree Pass. It was recommended to receive the petition to vacate drainage andutility ieas lxjeiits.within Pinetree Pass and schedule a public hearing to be held on April 7,1998. C. Final Subdivision&Final Planned Devje-6 iifit-.P***'Center Sixth Addition Centres Group Eagan Ltd. It was recommended to approve t#ie;l~ jif Siubdivision for Park Center Sixth Addition consisting of one lot on approximately 10.5 acres loeafed north of Cliff Road and west of Cliff Lake Drive in the southeast quarter of Section 30. It was also recommended to approve the Final Planned Development for Park Center Sixth Addition consisting of one 16 screen cinema and associated parking. D. Proclamation,Burnsville/Eagan Public Access Volunteer Appreciation Day,March 27 1998 It was rri'2 r''1998 as Burnsville/Eagan Public Access recommended to adopt a proclamatioi:*it'cij Ott'.''R, Volunteer Appreciation Day. E. Recommendation,Airport Relations Commiss'si>*+ Northi ria Dakota County common airport policX issues. It was recommended to approve the reco&inendati6*1)y the Airport Relations Commission concerning airport policy issues to be coordinated with otN"*i:;iities in the Northern Dakota County Airport Relations Coalition as presented. F. Recommendation,Airport Relations Commission,Metropolitan Aircraft Sound Abatement Council assessment comments. It was recommended to approve the recommendation by the Airport Relations Commission supporting modifications of the communicatipjs:and background support for the Metropolitan Aircraft Sound Abatement Council as preserite;ii:: G. Amendment to the 1998 Fee Schedi *k�#it fite:Ftyd etA, ii -construction meter use and damage deposits. It was recommended to approve an amendment to the 1998 Fee Schedule for fire hydrant and construction meter use and damage deposits. H. Approve various fund closinZs and transfers. It was recommended to approve the following fund closings and transfers: I. To be effective,retroactively to 12-31-97 for financial reporting purposes: EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE A. Fund#489,1992 Equ'pment Certificates closed and all assets transferred to Fund#335, Equipment Revolving.ftnd. B. Fund#441,Municipil6pgnsion 1982.4d and all assets transferred to Fund#337, Community Investmenfi#d ::: II. To be effective upon completion of all 1998 financial transactions(debt service payment and tax levy collections): A. Fund#481,1993A Equipment Certificates,closed and all assets transferred to Fund #335,Equipment Re�rolvulg Fw1Ci, III. To be effective at 12-31-98: A. Fund#451,1990 Refunding Special Assessii�ient Debt Service Fund and Fund#468, 1990 Special Assessment Debl:5rvice/19931P Refunding Fund be combined. I. Final Subdivision&Final Planned 1>&Oftitent'-ACT- SM-East Addition. It was recommended to approve the Final Subdivision for BCB5M East Addii di consisting of one lot and two outlots located north of Ashbury Road and east of Blue Cross Road in the northeast quarter of Section 17. J. Approve license agreement for Worldcom Fiber-optic cable installation,Highline Trail at Thomas Lake Road. (This item was continued to the April 7,1998 City Council meeting). K. Contract 98-07,approve plans/autl errize a for.-bids(Wilderness Run 5th&6thAdditions-Street Improvements). It was recommended to approve.f-0�':V tis•for Contract 98-07(Wilderness Run 5th and 6th Additions-Street Improvements)and authoffze the advertisement for a bid opening to be held at 10:30 a.m. on Thursday,April 16,1998. L. Project 733,receive feasibility repot:':':t# rpiiblic hearing(McKee Add.-Street Improvements). It was recommended to receive the feasibility report for Project 733(McKee Additions-Street and Utility Improvements)and schedule a public hearing to be held on April 21,1998. M. Apyrove ReLeaf Grant Application,Minnesota Department of Natural Resources. It was recommended to approve the MnDNR 1997-99 Minnesota ReLeaf Community Tree Planting Grant agreement to receive$7,000 for the Cit}t`S ee:aiaZ a cl�g�pr'Package sale and to approve the MnDNR 1997-99 Minnesota ReLeaf Community Fo'r""est Healt4i'Gri3rct'application to receive$10,000 for oak wilt suppression. N. Award contract,Rahn Park tennis court. (Tl*'Item was.tQntinued to the April 7,1998 City Council meeting). O. Award contract for bid package#12,flooring. It was recommended to award bid package#12, flooring for Phase II of the Eagan Civic Arena to St.Paul Linoleum in the amount of$27,344.00. P. Award contract for ice refrigeration and dasher boards,=second sheet of ice. It was recommended to award the contract for ice refrigeration equipment to Rink in the amount of$320,775.00 and award the contract for dasher boards to Becket:�rettd:I?roe3uets:a�: e amount of$94,183.00. Q. Receive bids,award contract for Fire Administration Building. It was recommended to receive the bids and award the contract for the Fire Administration Being construction project to Parkos Construction Company of$1,499,060 for the project base liid:and alternates one and three. R. Approval for the submission of a request for a Federal grant for the replacement of mobile data terminal equipment. It was recommended to authorize submission of a federal grant application in the amount of$92,784 to assist with the replacement of Police Department mobile data terminal equipment. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE 5 S. Project 740,authorize feasibilit�repait:(Silver Bell Road:'96eet Improvement). It was recommended to authorize the preparation of a FeasibiW.Report for Project-740(Silver Bell Road,TH 13 to Kennebec Drive-Street Improvements). Councilmember Wachter moved,Coufteilicirttse'r Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 "LIC HEARINGS PROPOSED AMF-M# 1c�EE�TI`6 ('k'1` FINANCING OF THOMAS LAKE A3SiAT2TME} S PROJECT City Administrator Hedges stated that thiS::i:tem was:hieing continued to the April 7,1998 City Council meeting. Mayor Egan opened the public hearing to anyoi'ie''wishing to speak. There being no one,he turned the discussion back to the Council. Councilmember Masin moved,Councilmember Awada seconded a motion to continue the public hearing for the Thomas Lake Apartments project to the April 7,1998 City Council meeting. Aye: 5 Nay: 0 MDiALlSI ESS PRELIMINARY SUBDIVISION&.FIN1�I TIANNED DEVELOPMENT PRAIRIE OAKS PARTN -HIP:{PRAIRIE OAKS ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Chris Moarn,applicant,stated that after the first two buildings are constructed more work will be undertaken with the neighbors prior to the development of the third lot. Debby Budd,2151 Warrick Cciiirf;said'slie'ivas rtofiiiatified by the City that this item was going to be on this evening's agenda. She further said sbk:was cor.�emed with the traffic around the Cliff Road/Slater Road intersection. She commented p#i he short:fining of the signal light as traffic is turning left from Cliff Road onto Slater Road. Director of Public Works Colbert stated that the City could look at the possibility of reconstructing Slater Road and installing a median to restrict access. He added that this would adversely impact the businesses and properties. He further added that there may be the need for a double left turn lane from Cliff Road onto Slater. He said that there are no easy solutions to the traffic problems. Ms.Budd stated that the two office buildings are a. large but will be an asset to the area. She inquired about drainage. Director of Putie.kYcukS.! 4A?eFx:explained the drainage plans. Discussion occurred regarding the internal drive sefrigthiz;toI: $anquet Facility and Penn Cycle. Councilmember Wachter requested that staff look info that'situation. Mayor Egan stated that he will continue to work toward a safer intersection at Cliff and Sl**r. Alan Menning,2159 Warrick Court,stated that he is concerned about possible ponding in his backyard. He inquired about the process the developer would need to go through in order to develop the third lot. City Administrator Hedges provided an explanation. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE 6 Councilmember Masin suggest�d,that legal notifications and agendas should be posted on the cable channel. Councilmember Awada also suggested poem on the City's web page. Mayor Egan apologized to residents for the lack of nofil atiori;.Colme", uember Blomquist indicated that the Council has received many compliments on what flies:. ANS4awto inform the public of proposed developments. Councilmember Wachter moved,Councilmember Awada seconded a motion to approve a Preliminary Subdivision(Prairie Oaks)consisting of two lots and one outlot subject to the following conditions: Standard Conditions 1. The developer shall comply witFlt se stari� conditions of plat approval as adopted by Council on Februa •�,;--!—. Al,Bl,B2,B4,Cl,C2,C4,Dl,El,Fl,Gl,and Hl Storm Drainage 2. The developer shall control runoff from the development so as not to raise the 100-year high water level of Pofd;l?�l?-SOB above its current elevation. Easements 3. The developer shall not plaiiflg-ge gKow i landscaping within the area of the drainage and utility easements. ..•.•:•:::::::::::: 4. The developer shall submit cross parking and cross ingress/egress easements prior to the final subdivision approval by City Council. Tree Preservation 5. The applicant shall fu,#b#I:ks :peglPit:Ii :providing contractual installation of 2 Category A trees,or 4 Category$:trees of 8 Category C trees. 6. Tree Protective Measures(i.e.4 i&i polyetl y..iene laminate safety netting)be installed at the Drip Line or at the perimeter:6f:the Cri€iW Root Zone,whichever is greater,of significant trees/woodlands to be preserved';during initial site grading. 7. The developer shall be responsible for contacting the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 8. The applicant/owner or representative review with City Forestry staff,development fo. d Tree Preservation Plan for proposed plans(including but td::. i# , aktn ) P P Lots 2 and 3 to ensure."iiii[a1.ti4:oi iiia ,btdon efforts when locating buildings,drive aisles,and parking lots to ensure optimal.tree preservation efforts. Wetland 9. As per the requirements of the Wetland Conservation Act,an exemption from mitigation be granted for up to 2,000 square feet of wetland fill for project. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE 7 Water Quality 10. On-site ponding to be tlit.'Okimary means..o titeeting water quality treatment requirements. To the extent{ii3t:onite: itling is inadequate to fully meet water quality mitigation requirements';:*:s*tToMinental cash dedication will be required. Plattine 11. The property should be.pl�#ted.. Landscaping 12. A revised landscape plan should:0.•submitted:on the approved grading plan. 13. All parking areas shall aFeeied'ifi:lceXi;dance with the City's Landscape Ordinance. Aye: 5 Nay: 0 Councilmember Wachter moved,Councilmember Awada seconded a motion to approve a Final Planned Development for the Prairie Oaks Partnership located south of Cliff Road east of Slater Road and west of State Highway 77(Cedar Avenj ):supject to the following condition: 1. The following plans are requi %ted foai :ittcloded into the Final Planned Development Agreement: r • Final Site Plan • Final Landscape • Final Signage Plarv*:':••'• • Final Lighting Plan • Final Building Elevation Plans • Final Phasing Plan Aye: 5 Nay: 0 CONSIDERATION OF AN ORDINANCE AMENDMENT CHANGING FROM EVEN TO ODD YEAR:MUNIdkL ELECTIONS City Administrator Hedges provided an overview plc:>his item. Councilmember Masin said that although the League of Minnesota Cities has indicated they do not have a position on this matter,they have worked against a requirement for municipal elections to be held in the odd year based on low voter turnout. Finance Director/City Clerk VanOverbeke clarified that the League has taken the position that they are opposed to the legislature mandating when municipalities must hold an election. Margaret Tilley,1055 Wescott Road,stated that shei> s concerned about the increased cost to taxpayers for holding an election in the pc d ;...She.furtbgrstated that petitions have been signed by Eagan residents indicating their desire.,.- .'>r;tlie:ss46:03 c d on the ballot to allow them to decide when the election should be held. She said she was unawa'r'e'of ariy research supporting the statement that uninformed and unmotivated voters turn out for even yeafi:�]ections. She mentioned.that in even year elections three to four times as many voters exercise their r'•idit to vote as opposed to odd year elections. She added that there is no compelling factual basis and no citizen request to change the year of the election. She commented on the change in the school board elections from May to November and also the position of various other governmental entities on this matter. She stated that the annual installation of campaign signs will create an eyesore. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGER Michael Vincent,3786 Windtree:Drive,commented'tti&it is easier to hold an election in the even year because it provides residents more;df:an opportunity tp.be heard. He said that the request to change the election year is being viewed as polit;�*Ay;motivated. : elf-serving. Peggy Carlson,3434 Highway 55,sal cl's'lie�:iaas: 'agreement with Ms.Tilley and Mr.Vincent. Councilmember Blomquist stated that 10% of the voters can sign a petition requesting the issue be placed on the ballot giving them the opportunity to decide when an election should be held. Councilmember Awada commeiiteel:t f:okl tj+: tOtticil has discussed this issue many times and that there is political motivation on the part ot:the tliieLt ividuals who spoke in support of holding an election in the even year. She further said whi<ii'the elecdW year was changed six years ago there was no public outcry regarding that change. She notgg:#hat figures-indicate that many people skip voting for local officials on the ballot. She stated that 1�e:4' }?: ounc#:fs:An extremely important elected body whose decisions heavily affect the community; ,_ie:g. eci':#4 :g3s:important that the Council issues should not be overshadowed by presidential and senatorial polities"She explained that if the election is changed to the odd year it is the intention to shorten terms rather than lengthen them. She added that certain members of the Council who support this change do not intend to run for election again and the request to change the election year is not politically motivated. Councilmember Masin stated tb #;with regard to the school board elections a limited number of people have been exercising a large amdi-Mt: i :po1.wer.and that is probably why the legislature mandated the election be held in November. She furthei`'stiited:.h'O'b. holding the election in the odd year the school board is still taking the path of least resistance. 'Councilanember Awada said that changing the election year of the Council will drastically iiitproye,uR. ��:tiiiiiout for school board elections. Mayor Egan commented that t i:A­.g-e laiii'extent this is a political issue. He addressed the various governmental agencies and said that n hii of them has taken a position against holding an election in an odd year. He clarified that the League of Women Voters in Dakota County has taken the position that it is very difficult to elicit interest in local elections when voters are deluged with presidential,congressional, gubernatorial and legislative politics and it is exceedingly difficult to provide forums for local candidates. He referenced the memo which accompanied the petition that was circulated and said that the cost cited for holding an election in the odd year;yras:itst eecifiat :;:T3P;i bmpared the cost of an odd year election to the annual Fourth of July fireworks. lte*addeil'tl at:f€ie'kialVe:received from holding the election in the odd year is better informed voters and candidates:zvho havev stand on their own merits. He said that figures support the fact that better informed voteis:turn out j>i:the odd year. Councilmember Blomquist reiterated that the law pia*ides people with the right to petition to vote on this issue if certain criteria is met. She commented on the additional cost of holding the election in the odd year. She said that if the school board was interested in getting their names out to most of the voters they would hold their elections in the even year. Councilmember Wachter stated that the voters wht-*. rn out in odd years are interested in voting for local officials. He said he would like the City to cooperjte.'with School District 196 and hold their elections in the odd year. Councilmember Awada said that if the pubhc'wants to petition to choose when the election is held that is fine,and also,if certain Councilmembers wanQ6:1ead that petition charge that is fine as well. She further said that there are more important issues in the:Qty besides this one. Councilmember Awada moved,Councilmember Wachter seconded a motion to approve an ordinance amendment changing from even to odd year municipal elections. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE 9 CONSIDER AN ORDINANCE REGULATING EIbt-TIONS AND SETTING TERMS City Administrator Hedges provc�i2dan overview tji:this item. Councilmember Masin said she was in support of shortening terms. Councilmember Awada moved,Councilmember Wachter seconded a motion to approve an ordinance amendment regulating elections and setting terms. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) Councilmember Blomquist indi43Bc}W.--.vgvV1d:lira _9upport of shortening terms if the ordinance amendment is upheld and the voters do:Tt petitio.,.to have the issue placed on the ballot. ORDINANCE AMENDMENT-CI'1E`Y-DF EAGAN,TO CHAPTER 11 ENTITLED LAND USE REGULATION5.VY.- ± ?IEFINND.INd'SECTION 11.10,SUBD. 30 REGARDING REGULATION S: AN^ fiAE,•TOWERS,SATELLITE DISHES AND WIND ENERGY CONVERSION'8V9TEMS"AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99 City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moven :C0iiikiciluWmber Awada seconded a motion to approve an amendment to Chapter 11,Land Use Re$ulaf6iis':hk.: Mding Section 11.1 0,Subdivision 30 regarding regulations of Antennae,Towers,Satellite Di'hes and Wii•id Energy Conversion Systems. Aye: 5 Nay: 0 ACCEPT REPORT FOR T1#-tX.G'' :FAMILY AQUATIC FACILITY W,4' 'i'ECHNOLOGY,INC. City Administrator Hedges provided an overview on this item. Claude Rogers,representing Water Technology,Inc.,discussed the proposed aquatic facility and commented on the feasibility study that was prepared: City Administrator Hedges cdiii 6i tecl''aii- iii'ii f iiiiational meetings that were held. He said that the City Council received a number of telephi ne calls,email messages and letters regarding the proposed facility. He mentioned that the Counc4;aiidressea.'6e issue of site location and chose the municipal campus because the shape of the facil'.'.>it the si1nd for security purposes. He explained the Council's plans for funding the facility and stated that t&ie do not want any property tax reliance. He stated that the facility is intended to be self-supporting withuser fees for maintenance and operational costs and that revenues could possibly retire some of the debt. Mayor Egan said that residents overwhelmingly supported a swimming pool for recreational activities as indicated in the 1996 Community Survey. He jM�iationed that some of the concerns of the residents opposed to the facility were noise,proximity,traf ;find loss of property value. He stated that those in favor indicated this type of fac;j4 •irr:xiee44a for.•y.4uth and will benefit the community. He noted that every comment and concern is legiti#1ke::::: Chris Erickson,3861 Windcrest Court,said he wa.P`iposed because of the impact to his property, noise and crime. Jeff Gregory,1322 Deercliff Lane,stated that the overwhelming majority of the 76 homeowners in the homeowners association are opposed to the facility. He said there was concern expressed about youth using the cul-de-sac as a path to the facility. He also commented on overflow parking and said he was not in favor of the building being located so close to the residences. He mentioned the petition that was EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE 10 submitted requesting the City prepare 4 r:Environmental Impart Statement regarding the impacts of the noise. He added that the residents would.:Dot be opposed to:a.pool but are not in favor of a recreational facility at this location. City Attorney Sheldon explained the' jr # its of an Environmental Assessment Worksheet and Environmental Impact Statement. He said that the City does not have to prepare an EAW or an EIS since the mandatory requirements do not apply to this facility. He noted that the City does have the option to do a discretionary review. Mark Price,3857 Windcrest Cout'#� SRik:€te:is: .about noise and decreased property value. Councilmember Masin questioned the fet►sibility of giving the homeowners some compensation if their houses do not sell at market value due to t€ie:iegative;ral-act that may be created as a result of this facility. Mayor Egan said that unlessth,sae�Afi�ril :4i;is too speculative. Paul Hughes,4063 Prairie Ridge Road,said that there is merit and support for this facility. He added that a lot of people who are in support of the facility could not attend the Council meeting. Councilmember Masin commented that the members of the Council agree a facility like this is needed,but said questions remain regai:dg the location and the impacts. Mayor Egan stated that he sold a home close to the airport corridor:� ;:lftsR5 have appreciated in value despite perceived negative impacts. He further stated that he will nofa'vrOid the W5 Qf noise mitigation. Brian Haynes,735 Lone Oak Road,si td that.it.g"'i as if the facility has been squeezed around the residential area. He questioned changing: :t yniifiisf the facility by switching the location of the noisier activities with the parking lot o*WOW-'rhitigating noise concerns. Mayor Egan explained that this is a preliminary plan and added tliait'A would be difficult to separate the parking from where it is proposed. He further added that there may be other ways to berm and buffer the residences from the facility. Mr.Gregory commented further on the information from the Environmental Quality Board that states if 25 affected residents sign a pehtii li:gikfi.�y.ti ay the .be required to prepare an EAW. City Attorney Sheldon stated that at this poirYt ffie Cffiy'isiicitet}itiied to do anything because the proposed facility does not exceed thresholds to cause a martjatory review. City Administrator Hedges discussed th #svo phas8:the City Council has reviewed. He said that financing alternatives will be determined at a lat�r'iiate. H iso discussed constructing the facility in phases versus constructing Phase II initially. More discussion occurred regarding the marketability of properties adjacent to the facility. Councilmember Wachter said that the site is conducive for this facility. Councilmember Awada stated that the biggest issse:'urrounds the adjacent neighborhood and noise. She assured the residents that t".. thing possible to alleviate the noise concern. Councilmember Blomquist said that this use was iAftded for this site. She added that she was concerned that the Council may have gotten overzealous the design of the facility. She further added she was concerned about the amount of money to be used from the Community Investment Fund. She stated that the lazy river feature contributes to overcrowding and is excessive in cost. She said she is concerned about noise and cost and also felt an EAW should be further reviewed by the Council. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE 11 Councilmember Masin noted that lagan is one of the keiv communities compared with other communities of similar size that does not-hove this type of facility. Mayor Egan said that there has been sufficient input on this issue and it is timg:....the City to mOv�ahead. He further said the Council will continue to try and mitigate the noise and'# i ce Ike: added that the spectrum of opinions and concerns will all be taken into consideration:'.:.::::"...........::: Director of Parks and Recreation Vraa stated that the design and development stage is next. He added that attempts will be made to try and mitigate the concerns that have been expressed by the residents. Councilmember Masin inquired about the library's concern with the proposed facility. Vraa indicated that discussions will be held 86W* City Council action at tonight's meeting. He said that their concerns will also be&enfrito-.,—r— City Administrator Hedges noted that theM will be ongoing dialogue with the Windcrest residents as the project progresses. Councilmewi4:13lom% commented on the encroachment of 15 acres owned by the library and said tha : jay'rveipor e•:eliminated this would not be necessary. Vraa said that issue needs to be discuss2dVAh Counl�:st ff. Councilmember Awada moved,Councilmember Wachter seconded a motion to accept the report from Water Technology,Inc.for the Eagan Family Aquatic Facility and authorize preparation of plans and specifications for municipal center parking and authorize Phase lI contract for design development of the Eagan Aquatic Facility. Aye: 4 Nay;:.:1.•.Councilmember Blomquist opposed) 15BINF«SS PRELIMINARY SUBDIVISION &VARIANCES-WISPARK ADDITION City Administrator Hedges provlilirci asi ovei view on this item. Senior Planner Ridley gave a staff report. Greg Miller,representing Wispark,stated that they have worked closely with staff with regard to this proposal. Councilmember Wachter suggested•i gOg.:;%:sign aicknowledging that the oldest oak tree in Eagan is located on this site. Counciltiie�i-*1VtaSiti egiCsiYr�ii. Councilmember Wachter moved,Counc ember A*.Ada seconded a motion to approve a Preliminary Subdivision(Wispark Addition)conW(ing of t!p*lots and one outlot on 31.5 acres currently platted as Outlot A of Robins Addition in the N9-'�i:bf SecW*iY 2 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Al,Bl,B2,B3,$4,C1,.C2,.C4,I)1, 1,Fl,Gl General Conditions 2. The property shall be platted. 3. The developer shall insure that the building plans,materials and construction of the office portion of the building-improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 70 DNL. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE 12 4. The building design shz comply with the sfiaritlards for building exterior treatment outlined in the Zoning Cade. pit'Eat :sia#�:e�nform to the provisions of the Sign Code. 5. Any signage will require a' 6. Detailed plans and specifications for the retaining walls shall be submitted at time of final subdivision application. 7. Storm sewer shall be inclu.ded.in.this development to drain the low areas along the south edge of the site at thetine:o £l #:wf; i?fSfs r:apph tion. 8. The developer shall obtain a perriffirom Mit7DOT to work within the TH 149 right-of- way for the connection to the froefte road.in:the southeast corner of Lot 1. 9. A cross-access agreemeil tlerecjzii' #i3me of final subdivision approval to allow a shared parking lot between Lots 1 anci'2: 10. On-site ponding shall be the primary means of meeting water quality treatment requirements and a supplemental cash dedication shall be required to make up for any shortfalls in meeting the full treatment requirements through ponding. 11. Filling of the wetland as`$ aii i&With Pond FP-1 is prohibited. 12. Any graded areas within 50 fleet of the'edge.of.Pond FP-1 shall be planted with native perennial grasses and forbs tti:act as a,:weda?id:buffer. 13. Tree protective measur.e6:0ie 44foot polyethylene safety netting)shall be installed at the Drip Line or at the Crit r Root Zone,whichever is greater,of the significant trees and/or woodlands to be preserved. 14. The developer shall contact the City Forestry Division at least five working days prior to issuance of a grading permit to ensure compliance with the approve Tree Preservation Plan. 15. The developer shall be responsibli?:ior a cash:.-parks dedication and a cash trails dedication. Aye: 5 Nay: 0 Councilmember Wachter moved,Councilmember Awada seconded a motion to approve a Variance to the parking lot setback requirements to allow the northeast corner of the parking lot on Lot 1 to be setback 4 feet,rather than 20 feet from the lot line. Aye: 5 Nay: 0 Councilmember Awada moved,Councilmember W. ter seconded a motion to approve a Variance to the parking lot setback req?.rireR€iente.to.agow.nR:setback(0 feet),rather than 5 feet,along the lot line between Lots 1 and 2 to accoml cl.& a s aiec#: ig lot. Aye: 5 Nay: 0 Councilmember Awada stated that the reason the CJtty Council is granting approval of the variance is for the purpose of saving trees. COMPREHENSIVE GUIDE PLAN AMENDMENT,HOLIDAY STATIONSTORES,INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE 13 Mark Nelson,Real Estate Manages:for Holiday Complies,said that they are still working on a number of issues and will come back an�i"ent their master:':plans to the Council. Mayor Egan said that he wants to enstiietliti ;fie development of this property is not done piecemeal and that what is being presented is ultimately developed. Mr.Nelson said that Holiday is confident of the proposed uses. Brian Haynes,735 Lone Oak Road,.said that this development will be directly viewed from his front window. He commented on a compxoa,use F is :i�vas vo id out in the past regarding this site. he ffic said he was concerned with noise,traand cii"n':io,.: questioned the need for another hotel in the City. He also commented on the elevation change and M4:incompafibility of these kinds of developments with the surrounding area. John Wynseg,710 Lone Oak Roia'*%*tater tli Fie ivas also concerned about the grade elevation and the potential visibility problems wif that will be CreAtecl. He asked about the County spacing guidelines. He said he was concerned about the loss of property and trees where the retaining wall is proposed to be built. Director of Public Works Colbert commented on the spacing guidelines and said that the County will need to approve a variance to the gt .dgje nes,but he added that the design development has not been done at this time. He said the City will•i�:;Wlffi-:.the County to ensure that the site line is maintained. Further discussion occurred regarding::pedestiiaii crossing,changing the zoning of the property and improvements to Lone Oak Road. Director, of Publ;C:Vorlcs Colbert explained that pedestrian crossingwill b e provided for with the i p s gnal�trort:of.TH 149 and TH 55. He also explained when Lone Oak Road is programmed for improvenititi :".'...ear CIP. Councilmember Awada stated that the application is consistent with the Guide Plan designation that was changed a couple of years ago. Councilmember Blomquist stated that usually a better product is generated with a planned development. She said she was concerned that the neighboring property owners may have to pay some special assessments. x. Councilmember Wachter stater tii�`' i:' eg r aced some legitimate concerns. He added that he was appreciative of this plan. Councilmember Masin questioned if the 661 should.*&' continued to work out some of the concerns raised. Mayor Egan said that he liked tle'proposaud felt the Council should move the application forward to the Metropolitan Council and allow the property owner and the applicant to negotiate another access. Councilmember Awada moved,Councilmember Wachter seconded a motion to approve a Comprehensive Guide Plan Amendment from NB(Neighb6ft- .' od Business)to CPD(Commercial Planned Development)for approximately 19 acres at the s6:V%% ast corner of Lone Oak Road and State Hwy. 55. Aye: 5 Nay: 0 X. LEGISLATNINTtr1tG© tNIVIENTAL AFFAIRS City Administrator Hedges stated that he has recew"O'd an update on bills from the AMM and the MLC and will forward the updates to the City Council. Mayor Egan noted that several members of the City Council and City Administrator Hedges attended the National League of Cities Conference. He mentioned the meeting that was held with City EAGAN CITY COUNCIL MEETING MINUTES;MARCH 17,1998 PAGE 14 X. officials and representatives of Bill Luther's office regarding A funding for the three mile stretch of Highway 13. Councilmember Wachter asked if there was any progress made on the request made by Mr. Jandewerth. City Administrator Hedges said he did not know the status. Councilmember Masin stated that.sePe;al members of the Council attended the Eagan Town Meeting. She said she would like the CQw::-:-:-:A*--:-18:* tY;e!Ipp S that local governments are responsible for. Mayor Egan mentioned that he discussef'tliis-��s'Mth:th*Eagan Foundation. Councilmember Masin noted that she att@ided the V d opening of the Dakota County licensing center at the transit hub in Burnsville. She cow s'0006d on th '000 census and said that it is important to be as accurate as possible. She suggested:W&:a:Ciiiiti i#i i;bkiber and a staff person should be named as contacts. Councilmember Wachter questioned if it is possible to remove the chlorine taste from the water. Director of Public Works Colbert said that a sample could be taken to determine the chlorine level and he will report the results to the Council. Councilmember Blomquist statect;fl# s�ie.tyas concerned about noise caused by fanning of jets over the Valley View Plateau area and that tl'e'-v'--—." ds to push for Part 150 funding for other areas of the City also. tkkck*TMR Councilmember Wachter move2*'Mayor Egan seconded a motion to approve the check register dated March 12,1998 in the amount of$1,146,912.01. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 10:16.**** MLK Date .... City Clerk If you need these minutes in an alternative form such as large print,Braille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(612)6814600,(TDD phone:(612)454-8535). The City of Eagan is committed to the policy that all persons ha4g ual access to its programs,services,activities, facilities and employment without regard to race,color,creed,relfgion,national origin,sex,disability,age,sexual orientation,marital status or status with reg$t tt to: cjfslic:isisfeiC :: 3?'ES'bF'T ���: SPECIAL MEETI G OF THE EAGA1\XITY COUNCIL EA.GAN,MINNESQTA A special meeting of the Eagan City Council was held on Tuesday,March 17, 1998 at 5:00 p.m. in the Eagan Municipal Center Community Room. Present were Mayor Egan and City Councilmembers Awada, Blomquist,:Ma�ip.aqd.Wach2pF•:Also present were Director of Parks and Recreation Vraa,Director of Find :: vi ie tl-City Administrator Hedges. VISITORS Tb BE HE1�1tD Mayor Egan invited any visil4is:t0:&*:)e j d fa of hent, and acknowledged there were no visitors to be heard. FEASIBILITY REPORT/AQUATIC POOL FACILITY PROJECT City Administrator Hedges stated that City staff and representatives of Water Technology,Inc.hosted community ast#'4Tmational meetings on March 4 and March 10 to review concept plans for the proposed familyaiquaiap:ppol facility with interested members of the public. He further stated that the City has receivi'i}•ci�tiiM triit .feedback through e-mail messages, telephone calls, correspondence and commiepts at tlie.-iiiformational meetings. Director of Parks and Recreation Vraa stated that the comments appear,tq:b.6:6'proximately 85 percent in support of building an aquatic pool facility,while:1:5.. an objection to proceeding ahead with a portion or all of the project. Mr.Vr�a;:. ifr'00 Iced Chuck Newman, Carl Fuerst and Claude Rogers,all representatives of Water T'eclinology,Inc.,who were present to present the final feasibility plan for consideration by the City Council. Mr. Rogers,representing Water Technology,Inc.,presented the overall plan reviewing the various elements of the aquatic pool: He specifically spoke of concerns the Windcrest neighborhood raised about noise and:*&i ::sit�:uis bil;ty.:Aiveii:their close location to the proposed aquatic pool facility. Mr. Rogers revievi' td il' " i !'*5fte'efevatibns,the berm, fencing and landscaping, all of which provide a favorable buffering for the:adjacent: ighborhood. City Councilmember Awada referred tQ be writtii :Correspondence from the community and asked if the aquatic pool should be redesigned to accoixitnodate a 50 meter design element. Mr.Newman,representing Water Technology,Inc., stated that most outdoor pool facilities contain a 25 yard feature which is adequate for swim meets and tournaments. Mayor Egan also spoke to the special interests that were referenced in the various correspondence received by the City and stated that he has to rely on the experience of the.consultants for what are the best choices and design features for the proposed aquatic poof:'acility. City Councilmember Wachttrs:Sleieiflkit:iti ;from the correspondence,the public would prefer more than three(3)lan*s:foi't1 a' :M :ot�petitive swim area. He also raised questions about the drainage,asking if the storm water hpMing pond will be adequate to handle the impervious surface runoff. Mr. Rogers stated that tlit :aquatic pool facility design could accommodate up to six(6)lanes if desired and,further,thkthe storm water is handled up stream and will not impact the storm water holding pond. City Councilmember Wachter further asked if Page 2/Special City Council Minutes::::: "'*- ' ' March 17, 1998 the City could add any additional features#i:t ie�g9b;11G: ool facility south of the Lary River in the future. Mr.Rogers stated the land area'is— i :#o i's�ope and would be too steep for any additional aquatic pool features. Mr.Newman stated that the facility has an excellent mix of features for all ages and the location with the embankment protecti ;tho:nWhm*Imepts and maximizing the southern sun exposure provides for an ideal Mr.Fuerst,representing Water Technglogy,Inc.,stated that it has only been in recent years that the concept of public pools has ch3ttp, i. He std that 54 percent of the community will swim, however,only one percent;:o€:; :pppitatit.:ievi:l3'swim competitively. He stated that the traditional rectangular lap pools esigned#'oi Atie%competitive swimmer and are heavily subsidized by municipalities. Mr.Fuerst stated that recent studies will show the high use factors are the zero depth recreational/non-competitive swim features and the deep area that provides for the competitive swimming lanes has the least amount of use by those using the aquatic pool facilities. Mr. Fuerst stated the aquatic pool facility should be designed for a bather capacity of 2000, given the population and demographics of the community. Mayor Egan stated that every queSti6i�i�valid,:at�d is considered a good comment and will be taken seriously as the City Council reviews•tfi-'e� al design features for the aquatic pool project. City Councilmember Masin asketl:the con5vltiti'CS;if more consideration were given to competitive swimming,what design chang's t?1'tKi:.i�: ie•required. Mr.Newman,representing Water Technology,Inc., stated that t#ie: e�.igti,-as presented,could expand from three(3) lanes to approximately six(6) lanes and accciiimodate the competitive swim feature. City Councilmember Awada stated she would like staff to ask the swim club if they would prefer a 25 meter or 50 meter design feature. City Councilmember Masin asked if the municipal center campus is the best site for the aquatic pool facility or whether the City has reviewed other sites for the proposed project. Director of Pv;ks.and Fecreation.Vraa responded stating that according to the consultants and staff,the muitici at iketi :caipiz 'a;:the best site for the aquatic pool facility. He stated the location is in ttie center of,tlie Coirimunity,provides opportunities for foot and bicycle traffic, has security in its relationsl3.p to the 06 ire department and is the best site to market in the community. He further stated thidJhe municipal center campus has been designated for a community center,swimming pool and idi:facility s.Jp'a it was acquired in the late 1970's. Mr.Vraa further stated the water treatment center site at X'16t Knob Road and Cliff Road, and sites originally considered for the amphitheater, are either too small or lack many of the elements that make the municipal center site favorable for a pool. City Councilmember Blomquist agreed, stating that a swimming pool facility for the municipal center site has been a vision since she was on the City Council in 1980. She further discussed the tow.project stating that it appears the Lazy River feature may cause the project to contain too M y features at this site, and further expressed concern about the cost for the Ley River and tFie project. She further stated that originally the cost of the project was: sttj ai id':at appridk lately$4.5 million and now it has increased to over$7 million. Cityttattrc'ITetigft- *tated the municipal center campus provides a natural security with its relationship to the police department and,further,the amount of parking necessary for the two civic arenas and the aqt tjc pool facility will be nicely shared at this location. Page 3/Special City Council Minutes::: March 17, 1998 •• City Councilmember Wachter sf9t 1 €ke: bpes and grassy sunning area are excellent for watching small children which is a desigii.*re� afiire''riatural to this site due to the favorable elevations. Mr. Fuerst,representing Water Technology,Inc.,presented the economic projections for operation of the aquatic pool facility s0tti#g:fh6:£aciE4t�:sh<w1d net an average of$153,180 of revenue after expenses, and given therisfoty:iif€giir: �3it3lar facilities including St. Louis Park, could reach as high as $262,500. City Ccsig0.61memb0':Blomquist asked if the comparative cities in the study are operating on a longer season than anticipated for our facility. Mr.Newman stated that all the outdoor aquatic pool facilitidSi4i.ed in t}:6bmparative study are seasonal from Memorial Day to Labor Day. After a brief review of the rates and fees to be charged by the consultants, City Councilmember Wachter stated he would prefer the user fee for Eagan lower than the non- resident rate. City Councilmember Awada stated that the proforma should include both operating revenue projections for a bather load capacity of 1200 and 2000. She specifically asked how the revenue projections change in adding the.additional 800 bather load,or in other words,what are the net revenues after expenses for b 6-:bi:1'200 and 2000 bather load projections. Mr.Newman stated that the projections are based on a.2000::WW.:Iaa�but stated that there would be a significant difference if the facility was built for a %1�00'bather load. And, further, if the facility is too small there will be some fall off experiefit i icipated repeat business. City Councilmember Masin$fat ?3:#tiere are no similar aquatic pool facilities within the general area and asked how this wouldimpact the facility. Carl Fuerst,representing Water Technology, Inc., stated the interest by non-residents will be very high due to the fact that there are no similar facilities in the adjacent area,and as a result,the City could establish the user fees for non-residents at a rate 50 to 100 percent higher than resident fees. City Councilmember Awad*stit ;i ;:is'iiijtait: iat the consultants and City staff project the cost based on both a 1200 and2000.b;ifiier'toacl capacity. She stated her rough calculations indicate the real cost differential tp:the City,fti adding the Lary River and increasing the total capital cost from $4.5 milli0jA*:' o the esfltnated $7.1 million,will be offset by income that is projected if Phase II is built at this:time. S]kfurther stated that the actual capital cost is approximately$1 million more after revenue projeetibris. Or in other words,by constructing Phase II and adding the additional revenue to the already established operational base,the City would build the second phase for approximately$2.6 million. The actual out of pocket cost to the City would be approximately$1 million due to the amount of additional revenues projected in the project proforma. Director of Finance VanOverhq�p rcviewed the sfatus of the Community Investment Fund stating that the available ballan' :a ......... t x:1,;1997 is$7,127,590. He further reviewed the status of the Street Con'siilicfiori liin$s"Caiirig that if all the projects are constructed as proposed in the five(5)year CIP(1998 through 2002};:ft total pending cash balance based on a conservative projection of municipal state aids and othi~i:;1evenues is $5,296,472. City Councilmembers asked if this ending cash balance assurnes.any escrow for the Country Joe lawsuit. Director of Finance VanOverbeke stated the amount projected in the ending cash balance as stated should cover both principal and interest for the Country Joe litigation, if District Page 4/Special City Council Minutes::::::: March l7, 1998 Court requires the City to repay the road'i#t *0s*t1? t jicere collected over a period of seven to eight years. City Administrator Hedges stated that questions have been raised by the Windcrest neighborhood as to whether an EIS will be necessary before the proposed aquatic pool facility is constructed. City Attorney Jim Shelc} '•d:a d-auddthat environmental quality board ....4d. ..•:..•.•. .•. regulations for an environmental impacYsffit ;rt is aii;�t that will generate a peak capacity of 30,000 people per day. He further stated thig:the reguOP.§ns for an environmental assessment worksheet is for a daily capacity that would reacb of a peak of 5000. He stated the aquatic pool facility capacity is either 1200 or 2000,depeaft- on wWhtr the City constructs one or both phases and, in either case,an EAW ot; iegr1sre i :�6 ty Councilmembers questioned whether certain environmental revieWS'irbuid be mane Tegardless of the requirements for an EAW. The City Attorney stated that the City can do a discretionary environmental review, however,there is no mandatory requirement for either an EAW or EIS on this project. Mayor Egan thanked the consultant staff and City Council for the dialogue regarding the proposed aquatic pool facility, and siaited.that the item would be addressed at the regular City Council meeting on March 17 as an'iteit oc##�us.iness. OTHER BU5NESS- There being no further business,•:tt ;rieetiig'Was adjourned at 6:30 p.m. Date :City Clerk TLH MINUTES OF THE SPECIAL MEETING OF THE EAGAN CITY COUNCIL TAGAN,MINNESOTA MARCH 24, 1998 A Special City Council meeting was held on Tuesday,March 24 at 5:00 p.m. in the Community Room of the Eagan MECapal Center building. Those in attendance were Mayor Egan and City Councilmembers Awada,Blomquist,Masin and Wachter. Also in attendance were Senior Planner Ridley,Assistant to the City Administrator Hohenstein, Director of Public Works Colbert,Director of Finance VanOverbeke,Chief of Police Geagan and City Administrator Hedges. VISITORS Q BE HEARD Mayor Egan acknowledgedilk audience:and there were no visitors to be heard. YANKEE DOODL94-U -T':XN0B:RQ PARK& RIDE SITE City Administrator Hedges stated that the City has received correspondence from the Minnesota Valley Transit Authority(MVTA)requesting the expansion of parking spaces and a potential retail convenience center for the Yankee Doodle Road/Pilot Knob Road park and ride site. Senior Planner Ridley reviewrdiv:icoiicept,iAy and what the MVTA is considering for retail. He stated that the type of ret2il-:oQd be cont?i�nience related such as a coffee shop, dry cleaners and other services that would:apt odate'the park and ride site user. City Councilmember Blomquist stated a cer—lily-�ijxtinber of parking spaces would be required for the retail which impacts the total parking spaces desired for those persons using the MVTA bus service as a park and ride site. Senior Planner Ridley stated that the proposal is to double the number of spaces,and it is believed that a majority of the persons using the retail service would be the same as those utilizing the park and ride site for the bus service. As a result, he stated that the spaces counted for the park and ride site will be shared in calculating the number of spaces for the retail servie :::: City Councilmember Waclrtir7stated t#itici:he is in support of the concept that would encourage the MVTA to proceed ahvead with tk-development proposal. City Councilmember Masin stated that she also supportsifl...conpe .....l dnd.further indicated that the City still needs to address a location for a transit hubih%#3y<g. iisc�{ t significant investment, both public and private,has been made in the area and that any development by MVTA must be consistent with the City's goals in this major commercial area. Mayor Egan further stated that any capital costs for infrastructure that may be necessary to construct a transit hub should be the financial responsibility of the MVTA. After a brief discussion, it was8ed'fiyio y Council that the Yankee Doodle Road/Pilot Knob Road site would nit�3equately hand ;i{transit hub. City Councilmember Awada stated that if a retail service i:s•to be included at tfie park and ride sites,possibly the MVTA should consider ownershigmd leasing the spac �q retailers as an entrepreneurial effort. Page 2/Special City Council Minutes March 24, 1998 Mayor Egan summarized thi*discussion stating that the staff should work with the MVTA in an effort to further develop;ffi-O`Y- -`**A* . ''* 03�.ilot Knob Road park and ride site with the retail concept that is not in compefiltivii tfi exigki&ftil in the area,but provides satellite locations for existing retail to serve 1.h.e:,transit rider. And, further,that a planning effort should be coordinated with the MVTA to cong"Wr a site for a transit hub. T.H.55 TIF REDEVELOPMENT AREA City Administrator Hedges stated that staff has held several meetings to discuss a comprehensive development plan f&.:k land axea.,generally surrounded by T.H. 149,T.H.. 55 and Blue Gentian Road. He stated that City staff� been coordinating meetings with land owners to discuss potential development conc§O.'ts as welj*:.4j***s a master transportation plan. The City Administrator introduced Kim Imre;TepresentM&e of T.M.I. Coatings,who was in the audience and has expressed an interest in devolopin.i*.por.4op:,of-tht.:site under discussion. Anne Kor, owner of the Airliner Motel properfy,'.Was::aj&-6:fti: -:AW*tce- Assistant to the City Administrator Hohenstein provided a summary of various actions that have taken place in the Highway 55 redevelopment area stating that the City has possession of all five homes on Lawrence Avenue and Linde Lane. Both Wispark and the Imre family have also acquired a number of properties and, in addition.tapt6br property owners in the area, staff and MnDOT have been working on a trafficcu'vW m for the entire area. He further stated that staff is requesting general.d"o:'Oitl*,;"r,"d'spect to several points: 1.) Should staff continue to enebi age-.cooperation among the remaining property owners to bring about a comprehdn M. Opment and incorporate the City properties at this time? 2.) Should the City solicit proposals from existing property owners,partnerships of property owners or outside developers for the redevelopment of the City owned property? 3.) Is the City in a better position.to solicit proposals at the present time with several property owners or in the fuWfi,�)`fi" ..... . .W- tic :c lidation of ownership occurs? ............. 4.) Under which circurnstkidts would*'ft""* City underwrite any additional redevelopment costs besides the acquisition..of Lawreiq�F and Linde homes? filling to facilitate redevelopment of 5.) Under what circumstafi"ros:.ww,.Ja*:%'Bk:.CA the homes on Blue Gentian City Councilmember Awada asked specific questions about the City of Eagan's role in an RFP process. Mayor Egan asked how many parcels are still remaining in the redevelopment area? Assistant to the City Administrator-M&a**in reviewed a drawing of the TIF district showing the various properties and albWOP hini4flit:-wrvey that was mailed out to each of the residential property owners on Blue:33.01tian Road. X Page 3/Special City Council Minutes March 24, 1998 Senior Planner Ridley spokeee'ori the transportation issues stating that access to Trunk Highway 55 has become an issue. Of*...: x:.: further questioned why the City . ... ....... has a role in plans for the redevelopi&iit.-'Q*'f.ih..4te.�a�..,:- -*IsWant to the City Administrator . A . Hohenstein replied stating that staffi&-facilitating the Council's vision of bringing about a comprehensive redevelopment plan:-Wthe area to replace the hodge-podge development scheme that had taken place. City Administrator Hedges stated that an important reason for the City facilitating development opportunities for the Highway 55 redevelopment area is to assure a comprehensive street and utility plan for the area Whkh provides for better long range planning and better development opportunities. Mayor'.'* askeO:' :Now the streets would be financed. Assistant to the City Administrator Hohenstein si'Jifed thati0io streets would be financed by the adjacent X X. property owners. City Councilmember Masi :A-Should also be involved in the planning efforts since transportation is becoming important to business and the community. City Councilmember Blomquist asked who are the developers and, specifically,how many developers are interested in the Highway 55 redevelopment area? Assistant to the City Administrator Hohenstein stated that,at the present time,the two parties expressing the most interest are the Inires and Wispark. City Councilmember Bloniquist.statoo that it might be advantageous for the City to work with those developers to create two: els. Assistant to the City AdmWiii4WHohensk'in stated that the City is asked on a continuing basis by prospective develo *�-about hi"' p.cr how the City's property in the area can be acquired. City Councilmembers discus§ed:ht').'W'.*'t'b"e:�Qity's property should be disposed and there was a consensus that a master plan be develope the City property. Following a review of the entire Highway 55 redevelopment area,a safe would be considered at a later date. City Councilmember Wachter commented on the single family residences along Blue Gentian Road stating that it will be a matter of time and those properties will be included in a commercial development. Mayor Egan asked how the homes,which were acquired by the City through Tax Increment Financing,will be sold or moved. Assistant to the City Administrator Hohenstein stated that there are five(5)homes an.d..: O.i inspections,two are able to be moved, one is on a slab and has no value to:bie:M64:a. ' .. .4ndiffietw6'additional homes could be sold for salvage, stating that they were buill::Jh`i �section'�'J­ it is not feasible to move the homes. Mayor Egan stated that onwo master:JA.in.is completed for the Highway 55 redevelopment area,the City Counrg:wt ...... ideration on how the City properties should be sold. It was also noted tiiai*&*ifiiy'%:* h*d**ff'4*X*%h1 review roadway concepts and traffic analysis of the Highway 55 redevelopment area at a special workshop meeting on April 21. SCHEDULE PUBLIC INFORMATIONAL MEETING/WINTER TRAIL -9NA ANCE City Administrator Hedgg:' ted that at tfie-M'. of the City Council,this workshop item has been scheduled to addresg"the continued req Wkis being received by the City regarding -expanding the current winter traj##aintenance programs;;. He stated that the discussion should focus on the process of presenti M -the public and providing direction to ... ...... Page 4/Special City Council Minutes March 24, 1998 staff as to what should be presented•at the public informational meetings. City Councilmember Masin stated she feels strongly about... .... i�tbt}i»;40jinational meeting and further stated that she has received a number of ci%*: reiittifii pii$l&-mquesting winter trail maintenance. Mayor Egan stated he agrees and wild like to proceed in the near future with a public informational process. City Counctt•`l�•.'•'•�mber Awada stated that, in her opinion,the City needs to provide more winter trail maintenance opportunities than currently exist under the pilot program. City Councilmember Blomquist stated that in her contacts out in the community,this is clearly the highest priority in regards to a City issue among groups of residents which she is in contact with. She further stated that clearing,trails from residential areas to commercial areas is a main factor. City Councilmember Blomc}�'st stated that,at the public informational hearing,the City should provide a variety of ideas agAdMinter ii eO maintenance alternatives for commercial,bus stops, recreational destinations, schools and ogler related areas where trails are utilized during winter months. Director of Public Works C©#15 : tafi :tliit it'iixiportant to determine the scope of a winter trail maintenance program, stating that the range of options are to continue the current limited maintenance program, expand to the entire system deleting internal and duplicate trails, or expand the entire system which is 100 plus miles. He further stated that direction will need to be given on how to finance the increased costs associated with program expansion such as increase taxes or reduce other existing programs,and to what lexel:Of service should be provided and stated that the time frame selected for compl,etipg:�ie:t 6;if-inaintenance program will vary in cost depending on the expectation and polic3�as:tb:.,hov�:Soon and frequent the snow should be removed. Mayor Egan agreed with City'Councilmeittber Blomquist stating that the City must define through public process what type:of�erwice th*e trail system should provide in winter months,whether it be recreational or transporE9€lcit? : ifiich will allow the City Council to help prioritize the winter trail maintenance program. City Councilmember Masin asked if staff can explain what the additional costs of the winter trail maintenance program alternatives mean to the taxpayer. Director of Public Works Colbert stated that the cost will vary depending on the scope of the winter trail maintenance program and, further,that this informatipn.will be available at the public hearing. City Councilmember Masin further stated:tl a :ijjj her:op xitx; o one should walk on major county roads and,at a minimum,trail routdK*iout2 . f3..We Agacent to these roadways. City Councilmember Wachter stated that.Fce would=lik i additional information on the pros and cons of snow removal if it is performed by- .6yate property owners adjacent to trails. City Councilmember Blo be solicited from other cities and reviewed for consideration at a future work session: She stated that cities, such as West St. Paul,have had winter trail maintenance programs for a number of years and it may be of interest to determine how those communities handle their trail maintenance policy. City Councilmember Awada stated that it is not cost affective to do the entire community or, in other words,all 100 miles of trails,but it would be agreeable;54.16i5 i; .atsome options that increase the amount of trail maintenance performed at this Page 5/Special City Council Minutes March24, 1998 City Administrator Hedges fti t'ed that staff can research ordinances from other communities for presentation at a future: :sessic?3k.:Roturther stated that it would be helpful for the City Council to review alterrj*.... tt a eta: .t#t :3Jirector of Public Works at the work p �1?..... .' ...... session,so there is an understanding,as to what staff is to present at the public informational meeting. After further discussion,Mayor Egan stated that a work session will be held on April 7 at 5:00 p.m. for the purpose of reviewing information from the Director of Public Works on options to present to the public for the winter trail maintenance program and,further,that ordinances and policies from other communities wx(1:*Jso be available for review. �:'YMCA'��OPOSAL Don Chapdelaine,Chairperw;).of:the•.Southwest.Area YMCA Board of Directors, appeared and commented on a partn }Spft ?stteCA presented to the City of Eagan, requesting that the City contribute$75,000 towaiil the capital cost of a building addition that could be used for YMCA teen programs. He stated that all staffing,equipment,training and program expenses would be the responsibility of the YMCA. Tim Staley, Executive Director of the Southwest Area YMCA,was also present and stated that the YMCA currently has 7,000 members of which 80 percent of the total memberships Are.-Eagan residents. He stated that the next largest enrollment is from the City of Roseme 6f,-'::1�Ii Staley stated that the YMCA has a full-time employee doing youth outreach•."4i::rIt teens and at risk kids which fits well with the proposed teen center addition. He sts~d€tje adclitioi;would be used by teens as a hangout and supported comments from Mr. Chapdea that thi4perational costs are the full responsibility of the YMCA. City Councilmembers asked various questions'A&,"t the proposed addition and how it relates to the other functions of the YMCA and, in response,Mr. Staley provided a drawing illustrating the location of the teen addition. He stated that the teen center will compliment other facilities such as the computer lab,gyms, pools,fitness center and new climbing wall. He stated all these program areas will also be available for use by teens during specific times. Mayor Egan asked how the City would fund the $7%000:request.a 41urther, asked if there will be a problem with church and state if the City confribii es'tQ:tliP.. -MCA' City Administrator Hedges stated there certainly are funding options".... lable ti} fii City Council if a determination is made to contribute the$75,000 capital requ�­�t to the YWA;however,the church and state portion of the question should be deferred to the - Attomey':s office for further clarification. Michael Vincent,an Eagiit,4" o' ppi~aied and stated that he would like to share a concept for a teen room on the mezzanine level of the Civic Arena. He stated that for the past several months he has been involved with teen group meetings that are being held in the Community Room of the Municipal Center building every other Sunday evening. He stated that a teen center with no scheduled programs is. r} t teens prefer. Mr.Vincent stated that,along with the Director of Parks& Recreation,he...... i sokeif Civic Arena mezzanine level as an area that would provide a good space for:teqshs and other''gi:gOs. He.stated that the Director of Parks and Recreation has concurred that Ahl ea enclosed for:#ije by the Hockey Association and other groups as a meeting area would be:beneficial to the City:-.-Mr. Vincent further stated that he has had conversation with outside grogp$about d.Qngtions.tG:Ganstruct and furnish the room and is Page 6/Special City Council Minutes March 24, 1998 quite confident that there should be nv:vxpp e:incus'ad;1Q•1he City of Eagan if the City Council concurs with this idea. He stated th3# ?a :grc.: ceatiAtf;Department will set policies regarding the use of the facility. He further stated that te location of a teen center with the Civic Arena has a great deal of value givei:Ihe location to the Aquatic Pool Facility,Police Department and other services that are provided:at--the Municipal Center campus. Karen Luchka, an Eagan High School student,appeared and stated that through various surveys their group has conducted,teens have responded that they would like a place to hang out in a safe environment. City Councilmember Wachter asked Ms.Luchka if the proposed teen center for the YMCA facility will satisfy the needs the teops;have expressed about a place to hang out. Ms. Luchka stated, in her opinion,both the YIvltA and thKivic Arena could exist given the number of middle school and high school age i•Ct#s livingttt:the Eagan community. Mayor Egan stated that there is some risk to the City to conk-ibute $75, 0 for a teen center that is on the Eagan boundary with Inver Grove Heights and only;eceixe.te�ggnitio�l;,:He further asked Mr.Vincent where approximately$50,000 would comi:. .6itt t4 ufi f#t�.fa6ility at the Civic Arena. Mr.Vincent stated that his contact with the Lions Club,Besf Buy aiid'other businesses would provide the necessary capital to construct the facility. He further stated that according to the Director of Parks and Recreation,the Municipal Center campus is the right place for a teen center facility. City Councilmember Wachter stated that he is supportive of providing a facility and opportunities for teens,however, questioned the Civic Arena location.,..He stated that there would be some expense to the City in supervising, providing progra4ns:&�,d future needs. City Councilmember Wachter stated that he would like a recorsxeii €ion;from the Advisory Parks and Recreation Commission on this matter. Ms. LikhWftoiesenfihg the teens, stated that their group is recommending adult volunteers and'a,secwrity cam0a at those times when the facility is used as a teen center. Mr. Vincent stated that the operational costs sli6@a be at a minimum suggesting expenses such as heating and electricity. City Councilmember Wachter further questioned whether enclosing an area on the mezzanine level will jeopardize or take away viewer space for hockey games and other Civic Arena events. Mr.Vincent stated that, according to the Director of Parks and Recreation,there is interest in building a pro shop and,further,the Parks and Recreation Department would like a heated room,.#($r- ckeys;gber registration that occurs in the building. City Councilmember MasW.4tated that the teens are excited about using the Civic Arena for a teen facility stating the locati4***;bn the N-4. 'iicipal Center campus is an appropriate site for reasons stated by Mr.Vincent. Mayikt.,E*i?: s t3:t te. 3ly Administrator to comment on how the City Council should proceed with City Administrator Hedges stated that it is his recommendation that both of these proposals be referred to the Advisory Parks and Recreation Commission for a recommendation. City Councilmember Awada agreed and asked that the Police Department provide a report on whether combining a teen center function with the Civic Arena could present any risks or conAi#:ia.uses to the City. City Councilmember Blomquist stated that she would need; c1; oiI;:iiation on staffing,costs and the pros and cons for considering a teen center fit:&0-two(2)loc'atti4 City Administrator Hedges stated that the Advisory Parks and Recreatiori)�-4mmission could�ii ? iew this at their April meeting. Page 7/Special City Council Minutes March 24, 1998 Mayor Egan stated that this item wdi#c3 q?i*.*ii3ik, X amine back to the City Council at a regular City Council meeting in either &ydr Tune,h&-*toren thanked Mr.Vincent and Ms. Luchka for their presentation and ccents. TOBACCO ORDINANCE City Administrator Hedges stated,that during the 1997 Legislative Session,a state law was passed with the primary purposc.Qf reducing illegal youth access to tobacco products. He further stated that considerable discos$ion has taken place at the state,county and city levels regarding the appropriate mechanist a;o impleh*nt the law in individual cities. Director of Finance/City Clerk VanOverbeke std®d that EK-ota County cities have discussed the merits of having a similar ordinance county ride. He fitiither made reference to a letter that was addressed to all communities from the County.A*Oiii'ss ri}toti.'Pliblip:Health Director and Dakota County City Managers Group. Director of)~i 6% Tai?Overlieko%:'�eviewed the Model Tobacco Ordinance that was developed using a League of Minnesota Cities Model Ordinance. He stated that there are additional options for reducing youth access to tobacco that will require policy direction by the City Council before the Tobacco Ordinance is finalized. He reviewed five(5) options which include; 1.) a complete ban on vending machines, 2.) further regulation of self service of tobacco, 3.) consider regulation requiring.se#1'e s to be above the legal age of 18, 4.) offer incentives to passed compliance checks;; rii#::;5; :esiablish the amount for administrative penalties. Director of Finance VanOverbi� t:.reviewed the potential ban of vending machines stating that the current Tobacco Ordinance'sfiatt5i A*:'-rer ding machines cannot be in buildings where minors have access. After some discussion bytlii eityCouncil, since evidence has proven that compliance checks conducted in the establishments where minors are not allowed,they have found that not only can minors enter,but have successfully purchased tobacco. The new ordinance should provide language that includes a complete ban on vending machines. Director of Finance VanOverbeke:presented a second option regarding the ban on self service tobacco stating that the prop Qxr3ii� ::h :a48 self service which is stronger language than provided in the state..*W: He st ;toii-t}iat the minimum state law bans only the self service of tobacco sales when it ini*ol'ves a sihOWpackage of tobacco. He stated that many establishments sell a tobacco pacMkOi combittistg two or three packages of tobacco into a multi- pack,which is permissible under t9::W1fAfter a brief discussion on this item, City Councilmembers agreed that i :1i'1.��"dc::ft.�a:blation should be consistent with the Minnesota State law banning only single packages of tobacco under the self service regulation. The Director of Finance also reviewed compliance checks and the administrative penalty issues that require public policy direction. Chief of Police Geagan reviewed the results of compliance checks that are made on a rtiz > as the Police Department. He further stated that he would prefer that the ordinarxe:r.egtiire tlie' t q conduct the compliance checks stating that it would be virtually impossible; the County SSWff's Department to run compliance checks on 50+establishments that currently sell tobacco;}iioducts in the community. After Page 8/Special City Council Minutes March 24, 1998 further discussion on the item,Cityitincilmembers determined that the City of Eagan should enforce the ordinance and provide the compliance checks. Director of Finance VanOverbAd**!* 'tafed tliaif'tfie-friial policy consideration is in regards to the administrative penalties. He!4�d that the penalties arrived at by the Legislature were a compromise. Chief of Police Geagiir�:stated that tobacco sales,in many cases,represents a high percentage of retail sales for those establishments selling tobacco. He stated that increasing the license fees will not have nearly the impact that a license revocation would have if an establishment violates the Tobacco Ordinance. After further consideration, it was the consensus of the City Council that the fines be.left as presented in the proposed ordinance. Direction was provided that: iegulati4l;:tequiring sellers to be above the legal age of 18 could cause a hardship,additional ed6rcemerd.:'oblems and would probably not improve compliance and,therefore, should ribf�be consWiied. Director of Finance VanOveibeke,*statdid:there-are-'iother regulations the City Council could consider such as limiting the number of tobacco licenses within a prescribed distance of schools and putting a cap on the number of tobacco licenses that the City may issue to establishments. City Councilmembers stated these requirements are not necessary for the ordinance. City Councilmember Wachter stated he would like public policy that would restrict the number of advertising signs for tobacco products;fQt:ic*h establishment. City Councilmember Awada questioned whether;stgrisbe:i3•significant influence on young people using tobacco related products. After 'ift-di�cussron and a consensus by the City Council, Mayor Egan asked that the restricti&-Of advertisin&;signs for tobacco related products be referred to the Planning Commission for their 0qi i i ion when the sign ordinance is reviewed. Mayor Egan thanked the staff for its work ii 'iroi ination of the Tobacco Ordinance and, further, stated that other Dakota County cities such as Apple Valley,Burnsville and Rosemount should be consulted in an effort to have some continuity with neighboring cities in the adoption of Tobacco Ordinances. GRAL FUND BALANCE City Administrator Hedges:staied thA"""iCiiy has maintained a policy that the fund balance from the General Fund be h"T'V`level ON*to 35 percent of the following year's operating budget. He further stated that the t�t*l is determined to be the amount necessary to provide adequate working capital for operation•aryl;.tQ:pa'.ovi�e:an additional reserve to deal with any emergencies,revenue shortfalls or QipiStlti }jsinistrator Hedges stated that due to very successful years of operations in both 1996 and 1997,the Fund Balance has become higher than the overall policy target set by the City Council and, in order to meet the 35 percent level of the 1998 budget,a transfer of$4,122,612 is available. Director of Finance VanOverbeke stat4-4kssi iii .1he City Administrator,they have discussed various alternatives for the use of the:"""%ey.•146-:g€:that the most appropriate use of the available fund balance is to transfer.': <s the Equipmeift::Aj volving Fund and to the Debt Service Fund to defease those bonds. He further stated that the.:e*4: oration of future tax levies through the use of the money is the highes4:}5f3ority and provideg:*. most obvious and direct Page 9/Special City Council Minutes March 24, 1998 benefit to the community. City Coukt-hember Awada asked what is remaining in the total Bond Fund and,further,the breakdown necessary for the Equipment Revolving Fund. Director of Finance VanOverbeke stated that to defease the outstanding bonds and, further,that to fund the Equipnieiit--Revtifiv�g:*� uld require$1.7 million. City Councilmember Blomquist stated ftt:the City should not consider equipment certificates which causes a tax liability on the commut:r -and further supports the prepayment of bonds. She was also in agreement with the recommendation to transfer the remaining portion of the General Fund balance to the Equipment Revolving Fund. Mayor Egan and City Councilmember Awada both agreed with City Councilmember Blomquist on her recommendation. Mayor Egan also provided reasons to not use the funding for trail maintenance,Community Investment Fund,park site acquisition and other possible uses.::::::�: Director of Finance VanOv ke staQ-*.that this item would be placed on the next regular City Council Consent Agend�6'as an act.ioh item. City Administrator Hedges presented a letter addressed to the City Council from Larry Poppler that raised questions about assessments the City levied for the improvement of Poppler Lane. He stated that Mr. Poppler would like an opportunity to present his case requesting a fair reduction of the street assessments to the City Counq}l~.:�ity Councilmember Blomquist stated that Mr. Poppler has raised some valid concerps:*Q--�s�would be supportive of a meeting to consider the issues that were raised in:ttis:Qiiresporidi�nce to the City. City Councilmember Awada stated that the Public Work :Gtimmittee and:City Council met on numerous occasions to discuss the Poppler Lane assessments;:9iici:�i�:a;result%ofthose meetings, an agreement was reached between the City and the Popplers:""As::*&'res�tlls:ofthe negotiated agreement, it was her opinion that this matter had been resolved by both'paiies:::'bty Councilmember Wachter stated that as Chairperson of the Public Works Committee,he would be agreeable to sending a letter to Mr. Larry Poppler that addresses the action that was taken by the City Council during the fall of 1996. Mayor Egan stated that a letter from City Councilmember Wachter,as Chairperson of the Public Works Committee, is an appropriate remedy. City Councilmember WachteT;...X ed, erlx:€hat if residents are not in agreement with the street construction policy awl Meir reapbiph 'ilify'to participate in the cost,possibly the City should have the final assessm6i% :ineetings:*tib determine whether the street reconstruction projects should proceed ahead. City. ouncihnwpber Awada stated that the City has had a successful street reconstruction progra n.fpr.tbp:past six to seven years, and it has only been in the last year that the street reconstructiht :W,ifi�y-*.t is A:gw.$tioned starting with the Oak Chase neighborhood. She further stated that at the time tlie's&eet reconstruction policy was adopted in the early 1990's,the City Council considered either increasing the general property taxes citywide to pay for 100 percent of the street reconstruction cost or to fund a portion of the cost from City funds and require that neighborhoods receiving the benefit by the street reconstruction would participate in the cost. City Co4RC;i#t tri: -Awada stated that it would not be fair to all the neighborhoods that have paid their property taxes increased to subsidize the street reconstruction ptovements in tRbOpremaming neighborhoods that require repairs. Page 10/Special City Council Minutes March 24, 1998 Director of Public Works Co#tliert stated that there is a process that allows the City Council to hold the final assessment Bearing prior to awarding a contract and obligating the City to the project. He stated that some ctiiriti?uU ?ds ju>id this process which allows the City Council,based on the number and/or'stiei#gfii rif object?O�s-'xnd appeals to the proposed final assessments,to determine whether O:hot to proceed with the project as proposed. Mayor Egan stated that to change the street reconstruction process and include a pre- assessment hearing step might politicize the capital improvements program and,unless neighborhoods were in complete agreement on the special assessment,their streets would not be improved and,as a result,the City Council would no longer be responsible for maintaining its street infrastructure in neighborhoo&--, City Cnuncilmember Wachter shared the methodology of how streets were constructed in the:Oa ly to mkd::1970's stating that the quality of engineering design, inspection and construction:has improvW immensely during the 1980's and 1990's. City Councilmember Masiri: Z#:tU(.'.j :wo.ui i:t?e:difficult to change the methodology of the street reconstruction since the p vgr-'Ahi:hAi::iwet:bhgoiitg for approximately seven(7)years. However, in her opinion, a program whereby the City pays the full cost of the street improvements is a better policy. City Councilmember Blomquist stated that she is in concurrence with City Councilmember Masin and that the City should consider funding the entire street reconstruction program since benefit is difficult to determine to each property owner since street reconstruction is a city's responsibility for maintenawe:aM repair. City Administrator Hedges.re >![[ae :tli City Council that work sessions are scheduled for April 7 and 21 and,further,that:t#ie-groundbreaklhg ceremony for the Sleep Inn Hotel is scheduled for 11:00 a.m. on March 30:::::::: MINUTE..:'. VA SPECIAL MIMING OF THE :::4AGAN CITY COUI46111- Eagan,Minnesota: A special meeting of the Eagan City Council was held on Tuesday, February 10, 1998 at 5:00 p.m. in the Community Room of the Municipal Center Community Room. Present were Mayor Egan and City Councilmembers Awada, Blomquist, Masin and Wachter. Also present were Senior Planner Ridley, Planner Farnham, Associate Planner Dudziak, Assistant to the City Administrator Hohenstein, Superintendent of Recreation Peterson jirii#: ii :At3matcledges. Also present at the meeting werd%l mbers?pfi:the Advisory Planning Commission including its Chairperson Carla Heyl, Jerry Segal, Paul Bakken, Lary Frank, Steve Burdorf, Pe Carlson Greg Larry , 99Y � 9 Steininger and Gary Huusko. Also present werg:i4mbers.pflbe Advisory Parks& Recreation including its Chairperson Lee Markell, Terry Davis, Rwr aFO-:;of itsonr. tie?o<e Knutson and Bonnie Karson. Members of the Economic Development Commis$Ki#t::i4ie6e pie""" its Chairperson Gary Morgan, Mark Reimer, Cal Clark, Cathy Clark-Matuszak and John Young. Also present was Consultant Greg Ingraham. The purpose of the meeting was to review various goals and policies that were prepared by a subcommittee of the Planning Commission and City Council regarding residential land use and goals and policies prepared by the Advisory Parks & Recreation Commission for parks and natural resources and economic development goals prepare4.-by::the Economic Development Commission. COMPREHERf3E\{l .: liltlE PLAN UPDATE City Administrator Hedges gave an introduc6`n' and brief:sUm.maty of the background of the development of the goals and policies presented for reviiSVct::::t+le:;ixtttpd oed Greg Ingraham, the consultant, who then introduced himself to the group with a sumtT a v:of his background and experience. Mayor Egan thanked everyone for attending and for the oppgj.:r ity to meet jointly with the advisory commissions. Parks and Recreation Councilmember Awada explained that the changes made by the CC/APC subcommittee are shown on the draft. They added wording to be more..inclusiye.,gt.serving all age groups and abilities. Councilmember Wachter asked for clarification about tklir:;ro C€rory.'0 a�ti�t.species. APrC Member Burdorf asked about what "where feasible" means, and how'fo'interp�et"th t";A,b*ri"*faced with a question from the public about acquiring a piece of property for parkland. His ctiii cern rel*6s specifically to those situations when faced with a development proposal that neighbors object::to the dev #opment and ask the city to buy and preserve the land instead of allowing it to develop. Coun*�il Pemberi tSwada and Blomquist both indicated that the language allows the city the flexibility to determirie'feasibilit�f:4n a case by case basis. Planner Farnham pointed out that as it relates to land acquisition,those areas considered deficient in the parks plan are those that would be considered. Mayor Egan indicated that the City needs to be creative and responsible, we can't acquire every parcel on the"wish list." Wording was changed from"where feasible"to"if feasible." APC Member Segal asked that language be added to premie some recognition that the City is moving toward or will periodically analyze providing year round usO:af trails. The Council agreed. APrC Member Davis asked for an explanation of the changes to the Natural Resources section why "develop" was removed from the goal about natural r rr ,::::f.W-' ppc -Was that the revised goal would eliminate the possibility of acquiring natural corridorif-*fist; t4�;. ntinuity.APC Member Bakken explained that "develop" is a contradiction to maintaining "natural corridQM," and the group revised the wording to "To strive to acquire and maintain,if feasible, natural corridors::::;:;:;" APrC Chair Markel[ asked why specific facility types were removed from the policy on special use recreational facilities. Councilmember Awada explained that needs change and although a swimming pool or ice arena may be seen as a need this year, in three years that may change so they wanted the policy to be more general. Page 2/Eagan Special City Council Meeting Ali Ufes'' February 10, 1998 Councilmember Masin thought the policy''Qri:: ind:;acgui¢ii for special use facilities needed to be more specific. If we need a large tract of land for af?t:iitse'Tacility, we need to know what it's for, identify it and bank land for it if possible. If the City doesn't set aside needed land, we forego the opportunity to acquire it as it becomes privately developed. Mayor Egan responded that it's difficult to bank land that the City doesn't own or have an option on. APC Member Frank asked about presQ ;$.Ar :.v j�::&Races - public or private? Also, he said it was unrealistic of the City to think in this utb*t::iaroma::M'o't::t#W:"Pfgdevelopment natural environment" can be preserved. The APrC and APC/CC subcommittee;:membe :011 explained that the policy was meant to apply to public open spaces. APC Chair Heyl asked if"where feasibl,e;...... d'tiiro.rkjng:v i other communities or the private sector to make something feasible. Mayor Egan:: r #*tliaf t#je:.i*`.:0eeds to be creative because we have limited resources, especially since the most recent parks referendum did not pass. Economic Development Assistant to the City Administrator Hohenstein gave a summary of the background of the development of the economic development goals arkd:::pplicies. EDC Chair Morgan gave a brief introduction and commented that the changes made by-":i40.C/CC subcommittee were rather minor. Giving credit to EDC Member Reimer, he indicated that the pres6htO::Abd::aAraction of corporate headquarters is important for the image of Eagan and economic vitality of the city. Under the image goals, the group discusseij:.:i<he::test*:::oif::& word "vital" and Councilmember Masin suggested "vibrant" instead,with the explar%*9'ftdjhdt:vtal connotes essential, and that was not exactly what was meant. Others concurred. EDC Chair Morgan said that the City needs to do more to promote its image and the positive things about Eagan. Councilmember Awada agreed. Councilmember Wachter indicated that people come to Eagan for the schools and tax base and the City needs to maintain those things, and work to keep taxes down, and if we do that the area will sell itself. Councilmember Blomquist added that Eagan's location and proximity to vital services(airport, Mpls. and St. Payl io.`ad s t agari' :attractiveness. Councilmember Awada said that it is on the Cojncil's wwk agenda to revise the home occupation ordinance to be more home-based business friendt while ay iding problems and nuisances to neighbors. She also asked about the intent of the goal under-'Okerse Tak:15ase regarding venture capital and access to capital, indicating she does not support the City getfmg into ming. EDC Chair Morgan said the EDC had in mind cooperation with providers,incubator programs and�b6h,that help business access capital (i.e. Lull Industries where the City's support of Lull helped them access state funds), but not using Eagan tax dollars for that purpose. It was agreed to change the wording to "To cooperate with other entities in the development of venture capital." Residential City Administrator Hedges gave the bar 'd011s�:0f:t�:#b00ss and steps the subcommittee went through in developing the residential goals andpalipoS;:�'I RrRcfg h visioning and brainstorming, looking at the whole community, discussing types of housing units and demographics. Councilmember Awada shared the subcommittee's discussion on redevelopment and::t0king better use of the rtverfront area. Redevelopment could make the riverfront area a mixed d'6elopment area, maybe including some high density upscale residential with view overlooking the river, and mixed uses with clean industry and businesses and residential in the same area, or possibly an entertainment center. She added that this area may be suitable for 3-story buildings. Councilmember Blomquist added that the Seneca treatment plant r Page 3/Eagan Special City Council Meeting*fifes* February 10, 1998 has been cleaned up and is no longer'�t::psrrier to non-in.*"'trial development. Other council members added their ideas for other uses of the riverTFsrit atm.;.:.: APC Member Segal explained that in developing tiie goals and policies, the subcommittee recognized that in the future Eagan will need to think more about maintaining the quality of existing structures and redevelopment. Councilmember Blomquist said they struggled with how to frame goals and policies to reflect a reduction in D-II development and encouragement of detached single-family on remaining vacant residential land and asked for feedback. r4 #tk :l✓araet:�Fnt�p: that issue. APC Member Burdorf asked how"safe housing"dI946red froji6:s afe neighborhoods" and if that implied the City intended to implement a housing code? Couiicilmemtie' -Awada indicated safe housing is a building codes issue, whereas safe neighborhoods is a c i-e issue; added that it was not the intent to embark down the road toward development of.a hoAijili:iiispeot!¢tx::ptogram, but rather to be more proactive in enforcing property maintenance (i.e.jurilt;i ;jiCles, e :::: tf$'�eference to safe housing was replaced with well-maintained property. APC Member Burdorf also said that when he read the statement regarding development of "strong neighborhoods with individual identities" it seems segregationist and that if each neighborhood has it's individual identity, it separates rather than brings the community together. Councilmember Blomquist indicated that the intent was not to diyidp,, but rather to encourage the strength of neighborhoods. Councilmember Masin used the example::bf:neighborhood monument identifications, such as is prevalent along Wescott Avenue - some like theitii; Borrie:tQr3't.• Those residents who don't may see such identification as elitist and consequently, rattler than frit ering community, it divides. APC Member Segal suggested deleting the "with individual identiti " phrase,.:Otheirs agreed. Regarding Services, APC Chair Heyl asked if l is::tile City's intent to proactively provide trail connections. As people's needs changes, is the City:going•to go back and retrofit to add a sidewalk where there wasn't one before? APC Member Segal explained that the statement was broad enough to allow the City to do it, but more importantly, to require a developer to provide such services with a new development. The City still has the flexibility to evaluate when and where. The solution was to use"promote"instead of"provide." Regarding Housing Balance, the group discussed the policy relating to multi-family development. Concerns were expressed that this statin ttit:: 1 Page 4/Eagan Special City Council Meeting February 10, 1998 :QTHER BUSIWPI City Councilmember Awada* e : 2R gfie would like to schedule a discussion by the City Council regarding a change in scheduling the municipal elections from even years to odd years. She further stated that this would separate school board and city elections from state and national elections, allowing constituents to better focus on local issues. After a brief discussion by the City Councilmembers regarding the pros and cons, the City Administrator was directed to schedule this item for Council discussion at the February 24 workshop City Councilmember Masin stated!6et the City:Council needs to consider provisions for an MVTA transit hub to be located somewhere in thet"fty as patfof'the comprehensive guide plan review. She stated that plans are under way to build a transi.Uib in ApOuNalley. There is currently a transit hub in Burnsville and given the size of Eagan,:�:is;Gk,-:j:xransi>:"would be located in this community. City Administrator Hedges recommended some demographic information that would be helpful for the comprehensive guide plan subcorri*M'ttee in its review of locations. City Councilmember Wachter stated that he would not have a problem with requesting an amendment to the proposed legislation that will increase the allocation of on-sale liquor licenses by an additional four, action that was approved by the City Council at the January 6 meeting. He specifically stated that the amendment provision would.require a sunset provision for these four licenses once the base is adjusted to be concurrent with the pi itaf .n:due to the federal census in the year 2000. Mayor Egan UrI6 ::is:::frt::swpport of a sunset provision and asked the City recognized that a majority of the City Co Administrator to share this information with the JegislatV�:tleiegation. City Councilmember Wachter.fitaW tbi t:iii:iiegard to winter plowing of trails and sidewalks, it is his opinion that residents, including.pusisie :Owrie'rs and apartment owners, should be responsible for snow removal on sidewalks and trails aii}4ee0b their property. City Councilmember Blomquist stated that in Bloomington the trails are all plowed'and is curious as to whether their associations, neighborhoods or the city provides that plowing. City Councilmember Awada stated that when this matter is addressed by the City Council in a work session, she would like staff to consider a proposal whereby only a three to four foot path would need to be plowed. City Administrator Hedges stated that it was the City Council's desire to bring this back to a work session to determine how and when this issue should be presented to the public for a hearing. ADJOURNMENT: There being no further business,tie meeting�vyas adjourned at 8:00 p.m. Date City Clerk TLH MINUTEAVVXPECIAL MEQ F#NG OF THE :LAGAN CITY COUNCIL Eagan, Minnesota. A special meeting of the Eagan City Council was held on Tuesday, February 3, 1998 at 5:00 p.m. in the Eagan Municipal Center Community Room. Present were Mayor Egan and City Councilmembers Awada, Blomquist, Masin and Wachter. Also present were Superintendent of Parks Olson, Director of Parks&Recreation Vraa, Director of Public Works Colbert, Communications Coordinator Foote, Director of Finance VanOverbek ,Adbatw:Hedges. NOj�;Fii PARI:::::: City Administrator Hedges state.4*at the C�ty::i:etained Northern Environmental to perform an environmental risk analysis of the tax.we..MXt pr'b* erty �g�fted to as the Borchert-Ingersoll site, prior to the City accepting title to the property. t'3e:fjjr tar'stdtW** :#'' fsl'nce 1995, City staff and consultant, Northern Environmental, have spent a considerable amount of tirti'e and dollars in testing and investigative work to determine if the site is environmentally acceptable for use by the City as parkland. Director of Parks & Recreation Vraa provided additional comments on why the City is giving consideration to obtaining the Borchert-Ingersoll parcel, which included an explanation of the legislative action regarding the trade with Gopher Resource and the fact that the City owns a portion of North Park on the west side of the water body. He further reviewed a layout that the CIty:CQuncil has considered over the past three years that illustrates how the site could be developed. lJkidIoi::4).f:.:Parks & Recreation Vraa further stated that the City is experiencing frustration caused by the DaltOta:Ciiii*-Physical Development Department, stating that staff is questioning why the County feels the need-.to managj=::ttie environmental risk at a higher level than the Minnesota Pollution Control Agency. He sIiled that 1he::Q4 has received a verbal approval from the MPCA; however, the County is insistent that::har�e:e - PMmeht testing should be performed by the City and its consultants. Director of Parks.&-.ftejcf6atioh'stated that a draft letter was prepared to the Dakota County Environmental Management Dopaii dht questioning why the County feels the need to manage the environmental risk at a higher level thari the Minnesota Pollution Control Agency. He stated that staff needs direction regarding the City's position on the status of more environmental study requested by Dakota County given the position of the MPCA that there is no additional testing necessary for North Park. City Councilmember 5IQmquist stated that in the early 80's until it closed, she conducted environmental assessments for Borctrtfggigl#;asa::prfiiate consultant and has no knowledge of this property being used as a dump site. She''furfftiei revi+aWa�d.,thdArawings and stated that she would be happy to share results of her environmental studies that:.were permed when Borchert-Ingersoll was operating as a business at that location. City Councilmember Awada stated That sheiiiWntinues to believe that the property proposed as North Park has such poor access as a City athletic field. Vitector of Parks& Recreation Vraa addressed the location, stating that access to the park could be designed to intersect with Yankee Doodle Road and Elrene Road. Director of Parks& Recreation Vraa provided drawings to show how the property is intended to be developed. Mayor Egan questioned the closure plajl ::suggesting that the MPCA appears to be responsible for ground water and Dakota County for solid waste. He further suggested that the draft letter to Dakota County be modified and if th*i ;is ity: ronmental testing to be performed, it should be at the cost of Dakota County. City Councilmember Blomquist stated::::;teat she would be happy to meet with representatives of the County to further discuss the enviroiiiti>°ntal inspections she performed. She further stated that previous to this City Council meeting,she had some conversation with County staff regarding the environmental issues. Mayor Egan thanked staff for their presentation and coordination and on behalf of the City Council, directed that a letter be sent to Dakota County staff urging that the environmental review process be finalized so decisions could be made about the ownership and use of the property. Page 2/Eagan Special City Council Meeting February 3, 1998 LSMLATIVE DEL-e M' 'TION Mayor Egan welcomed Stafe2epi�aseiitative Pawlenty to the workshop meeting. He further stated that Senator Wiener indicated that she would be present; however, due to a Senate Committee meeting on the proposed Caponi legislation,she may be running late for the work session. Representative Pawlenty discussed a number of issues, including Orfield legislation that addresses metro governance, levy lirrf itiftAsroit r r ;ix3fiding bill and other legislation being given consideration during the session. After it O''rhi6Lde'-dinl�'&e:;iDn these legislative topics, Senator Wiener arrived and shared a brief summary of what oc, ied at fikj:subcommittee meeting where the Caponi legislation was being given consideration. After a brief discussion with Senator Wiener, City Councilmembers expressed their appreciation.: il .both F; presentative Pawlenty and Senator Wiener appearing before the City Council to disom. isfatiye:issu 's common to both the City and the State. Mayor Egan invited both Senator Wienpr:.asid*' epre�Oitat�re Pawlenty to address the City Council at the beginning of the regular City Council meeting. ADJOURNMENT There being no further business,the meeting was adjourned at 6:25 p.m. Date City Clerk TLH Agenda Information Memo March 2, 1998 Eagan City Council Meeting The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Utilities Supervisor-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as the Utilities Supervisor. FACTS: Final interviews for this position are being held on Friday, February 27, 1998. If background and reference checks can be performed prior to the City Council meeting on Monday, the name of the person recommended for hire will be presented to the Council at the meeting. If not, it would be appropriate for the Council to approve the hiring of a person to be recommended. Item 2. Forestry/Parks Maintenance Worker— ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as Forestry/Parks Maintenance Worker. FACTS: Final interviews for this position are being held on Monday, March 2, 1998. If background and reference checks can be performed prior to the City Council meeting on Monday, the name of the person recommended for hire will be presented to the Council at the meeting. If not, it would be appropriate for the Council to approve the hiring of a person to be recommended. Item 3. Collective Bargaining Agreement/Maintenance Unit-- ACTION TO BE CONSIDERED: To approve the collective bargaining agreement for years 1998, 1999 and 2000 between the City of Eagan and the maintenance bargaining unit. Agenda Information Memo March 2, 1998 Eagan City Council Meeting FACTS: On Friday, February 20, 1998, the maintenance unit voted to accept the last offer of the City Council regarding the bargaining agreement for a three-year contract. The main stipulations in that agreement are a 3% wage increase for 1998, a 2.75% increase for 1999 and 2.75% increase for 2000. Other major provisions include a rotating shift differential, an increase in overtime pay for work on Christmas Day and a slight increase to call out stand-by pay. Item 4. Collective Bargaining Agreement/Sergeants Unit-- ACTION TO BE CONSIDERED: To approve the collective bargaining agreement for years 1998 and 1999 between the City of Eagan and the sergeants bargaining unit. FACTS: On Thursday, February 26, 1998, the sergeants unit voted to accept the last offer of the City Council regarding the bargaining agreement for a two-year contract. The main stipulations in that agreement are a 3% wage increase for 1998 and a 2.75% increase for 1999. Other major new provisions include an adjustment to overtime pay for grant funded projects and the same contribution toward insurance as that received by other police officers. Item 5. Fire Department Constitution and By-Laws-- ACTION TO BE CONSIDERED: To approve the Constitution and By-laws of the Eagan Volunteer Fire Department as recently updated. FACTS: At the suggestion of the City Attorney, members of the Volunteer Fire Department in collaboration with the City Attorney's office have recently completed an update of the department's Constitution and By-laws. At this time, it would be appropriate for the Council to approve the updated version of these documents. ATTACHMENTS: Attached without page number is a copy of the updated Constitution and By-laws for the Council's information. 3 Agenda Information Memo March 2, 1998 B CONTRACT 96-JJ,NORWEST 3an ADDITION EXTENDED STAY AMERICA-HOTEL. ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 96-JJ (Norwest 3`d Addition/Extended Stay America Hotel — Water Main) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Norwest 3Td Addition/Extended Stay America Hotel was constructed east of the intersection of Norwest Court and Pilot Knob Road. This development required the installation of water main, which was performed privately by the developer under the terms and conditions of the development contract agreement. • These improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Agenda Information Memo March 2, 1998 C. CONTRACT 98-03, OAK CHASE ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 98-03 (Oak Chase Additions - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday,April 2, 1998. FACTS: • Contract 98-03 provides for the reconstruction of the bituminous streets within the Oak Chase 1St, 2"d, 3'd and 5ih Additions as outlined and discussed in the feasibility report for Project 725. • On December 16, 1997, the City Council held a Public Hearing for Project 725. After hearing presentations and comments from some of the affected property owners within the Oak Chase Neighborhood, the council approved the project and authorized the preparation of detail plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. Agenda Information Memo March 2, 1998 Eagan City Council Meeting D PROJECT 737,JUBILATION ADDITION ACTION TO BE CONSIDERED: Receive the petition/resolution from Inver Grove Heights and authorize the preparation of a feasibility report for Proj. 737 (Jubilation Addition-Utilities). FACTS: • Inver Grove Heights has approved a preliminary subdivision for a mixed use commercial/residential development (the proposed Jubilation Addition) located along the East side of Hwy. 3 at the intersection of Diffley Rd. • The City of Eagan would provide Sanitary Sewer and Water service for this development. In accordance with the 1997 Joint Powers Agreement, I.G.Hts. has petitioned the City of Eagan to extend the required utilities. • This petition was previously presented to the City Council on February 17. The Council continued this item until the March 2nd Council meeting and requested additional information regarding the extent of notification of property owners in the City of Eagan, and if any comments were provided during the public hearings held before the Inver Grove Heights' Planning Commission and/or City Council. • Inver Grove Heights notified all of the properties within the required notification limits within Eagan of this subdivision application process. There is no record of any comments being provided by any of Eagan's property owners. • Inver Grove Heights and the developer (Mr. Warren Krech) have been informed of the continuation of this request. It is anticipated that the developer will be in attendance to answer any questions, if necessary. ATTACHMENTS: • Resolution/petition,page�. • Location and notification map,page • Concept site plan,page • Inver Grove Heights' s aff report and minutes of APC and Council meetings, enclosed without page number. CITY OF INVER GROVE HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 7000 RESOLUTION RECEIVING PETITION AND ORDERING PREPARATION OF REPORT FOR THE 1998 IMPROVEMENT PROGRAM, AS PETITIONED TO THE CITY WHEREAS, it is proposed to make improvements and to assess or tax the benefited property for all or a portion of the cost of said improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251; and WHEREAS, the cities of Eagan and Inver Grove Heights have executed a Joint Powers Agreement dated 1997; and WHEREAS, the Joint Powers Agreement addresses issues related to the areas of Inver Grove Heights being served utilities from the City of Eagan; and WHEREAS, the proposed Jubilation Project in the City of Inver Grove Heights is a development included in the areas addressed by the Joint Powers Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF INVER GROVE HEIGHTS, MINNESOTA: 1. A petition dated November 3, 1997 has been received and filed with the City Council on November 10, 1997 requesting trunk utility service extensions to property bounded by South Robert Trail and Chicago Northwestern Railroad. PID No. 20-01900-010-54. 2. The petition is hereby referred to the Director of Public Works and he is instructed to report to the Council with all convenient speed, advising the Council in a preliminary way as to whether this improvement should be made, as proposed, or in connection with other improvements and the estimated cost as recommended. Adopted by the City Council of Inver Grove Heights this 10' day of November, 1997. AYES: 4 NAYS: 0 i J.oseAtki ayor ATTEST: / Catherine Iago, Deputy Clerk lathytwinword/97proAubdanon E t s al• u w, co` i E `rte W L foie r he ao. 101 as t� ��ANie GRE Y� Subject Site a¢ C.S.AH.NO.30(DrF a�W 6 0 0 z 1 u iT 0 2 CR/tI50N L .r( 7C �j 600 O 600 7200 Feet City of Eagan Parcels Located 350' From Inver Grove Heights Development Parcels 350' from Proposed Development - Parcel Owner NOT Notified ® Parcel Owner Notified City of Eagan Community Development Department m � X LU I i 04 QCr r� z W a OS BKtrB O a O � u OL of 6 Q � 1 Q 1 > u I a 111!1- I 11111111 avow A31l1Ia C7 6 u° i 4 ' � I � � I I - jb LA13� o I t � CL b b as J i / 4 4 / O b 3 j 4 w i dl Hiasuaom. / IT Agenda Information Memo March 2, 1998 Eagan City Council Meeting E HWY 13 IMPROVEMENTS 44-LANE UPGRADE) ACTION TO BE CONSIDERED: Approve a resolution requesting State and Federal funding for the expansion and upgrade of Hwy. 13 to a 4-lane divided highway and authorize the Mayor and City Clerk to execute all related documents. FACTS: • State Trunk Highway (T.H.) 13 is presently a 2-lane rural highway from Silver Bell Rd. to I- 494. It is the only segment of Trunk Highway from Southwestern Minnesota to T.H. 55 in Mendota Heights that is not improved to a 4-lane divided highway. • Presently, the City of Eagan and the Minnesota Department of Transportation (MnDOT) are partnering in a project (709R) to upgrade T.H. 13 in 1998 to a "super 2-lane" roadway (divided 2-lane with turn lanes) from Seneca Rd. to Yankee Dr., with a signal at the Blackhawk Rd. intersection. This improvement is being designed to accommodate an expansion to the ultimate 4-lane design at a future date. • A special interest group has been created to pursue special/additional funding from either the State Legislature or Congress as there are no funds currently available through MnDOT or the Metropolitan Council for this ultimate upgrade. • In order to assist this funding request, a resolution has been prepared for Council approval. The Dakota County Board of Commissioners has approved a similar resolution at their Feb. 24`'meeting. ATTACHMENTS: • Resolution,page _. • Minutes of past Funding Committee meeting, enclosed without page number. CITY OF EAGAN A RESOLUTION RELATING TO HIGHWAY 13 IMPROVEMENTS 4-LANE UPGRADE WHEREAS, State Trunk Highway 13 (Sibley Memorial Highway) is a continuous 4-lane divided highway from Trunk Highway 101 in Savage(which is an extension of the 4-lane divided Trunk Highway 169 from Mankato); and WHEREAS,Trunk Highway 13 was recently constructed as a 4-lane divided highway from I-494 in Eagan to Trunk Highway 55 in Mendota Heights; and WHEREAS, approximately 3 miles of Trunk Highway 13 remains as a 2-lane undivided highway between Silver Bell Road and I-494 in Eagan; and WHEREAS, Trunk Highway 13 serves as a regional highway connecting southwestern Minnesota, Scott County, and Dakota County with: south Minneapolis, St. Paul-Minneapolis International Airport, and Fort Snelling via Trunk Highway 55; St. Paul via Trunk Highway 13, 149, 110, South Robert Trail, and Trunk Highway 52; and major distribution centers and transportation systems in Eagan and Mendota Heights via County Road 28 (Yankee Doodle Road) and Mendota Heights Road; and WHEREAS,the 3-mile unimproved 2-lane section of Trunk Highway 13 located within the City of Eagan is under- designed for current traffic volumes and trucking activity exceeding safe and efficient operation standards; and WHEREAS,previous activity by the Minnesota Department of Transportation(MnDOT)has provided planning and right-of-way acquisition for the completion of the 4-lane divided segment in Eagan; and WHEREAS, there are insufficient funds programmed in MnDOT's 20-year Transportation Systems Plan as well as the Metropolitan Council's 5-year Surface Transportation Plan; and WHEREAS, the City of Eagan and MnDOT have allocated $1.2 milion to make some roadway improvements in 1998 on Trunk Highway 13 from Silver Bell Road to County Road 28(Yankee Doodle Road); and WHEREAS, completion of the appropriate roadway section (4-lane divided) would provide the most reasonable expenditure of regional funds on this roadway giving the highest use and life for the road project. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby requests the Minnesota Legislature and the U.S. Congress to pass special legislation providing funds of approximately$5.5 million to improve Trunk Highway 13 from Silver Bell Road to I-494 as a 4-lane divided highway. DATED this of , 1998. Thomas A.Egan,Mayor ATTEST: E.J.VanOverbeke,City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan,Minnesota,on the day of 1998,as disclosed by the records of said City in my possession. / E.J.VanOverbeke,City Clerk GAESOLLMONS/ iwy.Mpgrade I Agenda Information Memo March 2, 1998 Eagan City Council Meeting F. USWEST WIRELESS-ANTENNAE LEASE AGREEMENTS ACTION TO BE CONSIDERED: To approve lease agreements with USWEST WIRELESS for the installation of Personal Communication System (PCS) antennae and related ground support equipment on the Safari and Deerwood Reservoir Water Tower sites and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan has received applications to install PCS antennae and related ground support equipment on the Safari and Deerwood reservoir water tower sites. Standard lease agreements have been prepared by the City Attorney's Office, reviewed by the Public Works Department and are being presented to the City Council for their approval. Lease rates are in accordance with the City's standard fee schedule. ATTACHMENTS: • Site location maps, enclosed on pages * through * Copies unavailable at time of packet preparation. They will be distributed at the Council meeting. Agenda Information Memo March 2, 1998 G. PROJECT 663,VALLEY VIEW PLATEAU STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the feasibility report for Project 663 (Valley View Plateau - Street and Utility Improvements) and schedule a public hearing to be held on April 7, 1998. FACTS: • The reconstruction of the streets and utilities within the Valley View Plateau has been programmed for 1998 in the current 5-Year CIP (1998-2002). • On December 16, 1997, the City Council directed staff to prepare a feasibility report to address the scope, cost, schedule and financing of required street and utility improvements within the Valley View Plateau neighborhood. • This neighborhood includes Highview Avenue, Bridgeview Avenue, Southridge Avenue, Bridgeview Terrace, Highview Terrace, and Highridge Terrace, all east of State Highway 13, north of Lone Oak Road. • This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. ATTACHMENTS • Draft Feasibility Report, enclosed without page number. 12 Agenda Information Memo March 2, 1998 Eagan City Council Meeting H. APPROVE AMENDMENTS TO THE SUBURBAN TRANSIT AUTHORITY JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: To approve the amendments to the Suburban Transit Authority(STA)Joint Powers Agreement. FACTS: • In November of 1995,the City Council approved a joint powers agreement creating the STA. • Several amendments to the original joint powers agreement were approved in December of 1996. • The STA Board of Directors has approved several additional amendments to the agreement which need approval by member cities before the proposed amendments are operative. ATTACHMENTS: • A memo from Bob Renner, STA legislative consultant, explaining the amendments on pages and�. • Agreement on pages/�I_througha 6 • Resolution approving amendments on page . Messerli Al THORIZF.D TO PRACTICE LAW IN Kramer ;MIN-,"F_kPOLI�OFFICF �11V�t.tiOTA,WISCONSIN,10N'A, Professional association 1800 FIFTH STRFF'I Tok%-FRS SOLTH D UiOTA,WASHINGTON D.C. I W SOUTH FIFT-H STREFT ILND COLORADO MFNNFAP()LIS,MMNES01:A i5.F0'-4'18 ArroRNei�s AT Lass TEI.FPHONI (61'16 2-3600 LE-1GlIE OF MINNESOTA CrnF5 BL ILDI\G F%csLmu 1 (61_'1 672-3-77 SLTrE 450,145 U-zwusrn A\-FNit Wi. r ST.PALL,MLN-1zEso i\)5103-'044 TELEPHONE(61_')228-97i- FACSIMILE 28-9 5FACSIMILE(61')'2S-9-8- MEMO DATE: February 6, 1998 TO: STA City Managers FROM: Bob Renner RE: STA Joint and Cooperative Agreement Amendments Please find enclosed proposed amendments to the STA Joint and Cooperative Agreement. Please add this to the agenda at an upcoming city council meeting and ask your councilmembers to approve the amended Agreement. The STA Board recommended these changes at their October and January Board of Directors meetings. I have attached a resolution for your use in this process. Please return the signed resolution and Joint and Cooperative Agreement to: Jennifer Peterson Messerli & Kramer 145 University Avenue Suite 450 St. Paul, MN 55103 If you have any questions, please call me at 228-9757. AMENDMENT TO PRELIMINARY STATEMENT This amendment was requested by the City of Chanhassen to clarify that dealing with transit issues is the primary purpose of the STA. AMENDMENT TO ARTICLE 1 This amendment again clarifies the purpose of the STA. AMENDMENT TO 7.1 This amendment clarifies appointment procedures to the STA Board. It clarifies that appointed officials should serve on a transit commission/authority, serve on a city council that acts as a transit commission/authority, or be appointed by a city council serving as a transit commission or authority. AMENDMENT TO 9.1 This amendment clarifies that all officers shall hold office until the next annaul election. (This is a technical amendment.) This section is also amended to make any mention of officer terms consistent throughout the diocument. AMENDMENT TO 9.4 This is another technical amendment clarifying how a vacancy is filled. ADDITION OF SECTION 9.9 This amendment authorizes the Board of Directors to establish a legislative committee and authorizes the transit commissions/authorities to appoint the membership. City councils who act as transit commissions/authorities (cities of Plymouth and Shakopee) would be responsible for appointing their member(s). AMENDMENT TO 10.1 This amendment clarifies that the STA's dues will be deterimed at a meeting each October. AMENDMENT 10.3 This amendment clarifies that the STA budget shall be submitted to member city councils for review and comment each year before August 1. /v November, 1995 Amended February, 1997 JOINT AND COOPERATIVE AGREEMENT PRELIMINARY STATEMENT The Parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statute §471.59 permits two or more sub-units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the Parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of programs on matters of mutual concern and interests relating to transportation and transit issues. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities and affiliate members, such as transit commissions or associations previously created by a joint powers agreement, to jointly and cooperatively develop programs on matters of mutual concern and interest, relating to transportation and transit issues, and identify, review, and to actively oppose proposals which may be in conflict with the interests of the members. The organization formed pursuant to this Agreement will be funded by member municipalities' contributions to be used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the membership. ARTICLE 2. NAME The Parties hereto agree to establish an organization to be known as the Suburban Transit Association to carry out the objectives of this Agreement. 1 l '� ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. 3.1) "Board" means the governing body of the Association. 3.2) "Association" means the organization created pursuant to this Agreement. 3.3) "Authority" means the governing body of a Party. 3.4) "Board Members" means the persons appointed pursuant to this Agreement to serve as Members of the Board. 3.5) "Party" means a municipality which has entered into this Agreement. 3.6) "Affiliate Member" means an organization, commission, association or municipality which has entered into this Agreement, but does not have the same voting rights and privileges as a Party. ARTICLE 4. ADDITIONAL PARTIES Any other organization, commission, association or municipality may become a Party or Affiliate Member upon approval by a majority of the then Parties and upon full payment of the annual dues. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the Association Chair. This Agreement shall become effective upon approval by at least two (2) Parties, or on October 1, 1995, whichever is sooner. 2 ARTICLE 6. POWERS AND DUTIES OF THE ASSOCIATION The powers and duties of the Association shall include the powers set forth in this article. 6.1) It may establish legislative programs embodying proposed legislation and positions on proposed legislation. 6.2) It may take such action as it deems necessary and appropriate to accomplish the general purposes of this Association. 6.3) It may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such as legislators, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Association. 6.4) It may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. 6.5) It may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. 6.6) It may enter into any contracts deemed necessary by the Board to carry out its powers and duties, subject to the provisions of this Agreement. 6.7) It may contract with any of the Parties or others to provide space, services, or materials on its behalf. Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.8) It may accept gifts, apply for grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 3 6.9) It shall cause an annual audit of the books of the Association to be made by an independent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make an annual financial accounting and report in writing to the Parties. Its books and records shall be available for and open to the examination by the Parties at all reasonable times. It shall establish the annual budget for the Association as provided in this Agreement. 6.10) It may establish and delegate authority to a Committee(s) between Association meetings. Such delegation of authority shall be by resolution of the Board and may be reconditioned in such manner as the Board may determine. 6.11) It may exercise any other power necessary and incidental to the implementation of its powers and duties. ARTICLE 7. BOARD OF MEMBERS 7.1) The governing body of the Association shall be its Board of Members. Each Party shall be entitled to one Board Member. Each Board Member shall have one (1) vote. The Authority of each Party shall appoint its one (1) Board Member.,—..T all should be made Appointments by the Authority te-appein shall eoune l members whe serve on a transit commission or a city council that acts as a transit commission or an appointee of a city council that acts as a transit commission asseeiatien r'• ✓ ereated J J N.. agreement to �'� Bear- f Alember- Board Members shall serve Sci�r'e vi= crxe v�uxir-mTrcnrvcis without compensation from the Association. 7.2) Proxy voting by a Board Member's designee shall be permitted. 7.3) Each Board Member shall serve until that Board Member's successor is appointed and assumes his or her responsibilities. Board Members shall serve at the pleasure of the Party appointing them. When a Party appoints a Board Member, it shall give notice of such appointment to the Association's Secretary/Treasurer. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Association. 4 00 7.4) A simple majority of the Board of Members shall constitute a quorum of the Board. 7.5) A vacancy on the Board shall be filled by the Authority of the Party whose position on the Board is vacant. ARTICLE 8 MEETINGS 8.1) The Association shall meet at least semi-annually and shall hold an annual organizational meeting in January. 8.2) The Board shall adopt Bylaws governing its procedures, including the time, place, and frequency of its regular meetings. Such Bylaws may be amended from time to time. 8.3) Special meetings of the Board may be called (a) by the Chair or (b) by the Board upon written request of the majority of the Board Members. Three (3) days' written notice of special meetings shall be given to the Board Members. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a special meeting. 8.4) Notice of regular meetings of the Board shall be given to the Board Members by the Secretary/Treasurer at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. ARTICLE 9. OFFICERS 9.1) Number, Election, Qualifications - The officers of the Association shall consist of a Chair, Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board. The Ch.,;. an-d- Viee C aA4 All officers shall hold office until the next annual election of officers and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, 5 C) / resignation, or removal. The Se ^tar,4reasur.,_'s +,,,,.., sha11 r ember- 31 of that year. All officers shall be Board Members. New officers shall take office at the adjournment of the annual meeting of the Association at which they were elected,, •-��e the-h-r st day „r januar-y r the F911 i ter. Not more than one Board Member of a Party shall be elected an officer during the same term. Any officer who ceases to be a Board Member shall at the same time cease to be an officer. If re-elected, officers may serve for more than one year. 9.2) Resignation - Any officer of the Association may resign at any time by giving written notice of his/her resignation to the Board, to the Chair, or to the Secretary/Treasurer of this Association. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board Chair, or to the Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. 9.3) Removal - Any officer may be removed, with or without cause, by a vote of four-fifths (4/5) of the total number of Board Members, at any meeting of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Board Members of this Association are present at the meeting. 9.4) Vacancies - A vacancy in any office because of disqualification, death, resignation, or removal shall be filled for the unexpired portion of the term i- the -m-A ner- p ec„aiba hereinfor- eleetion to that effiee by a maiority vote of the Board at the first meeting of the Board following the vacancy. 9.5) Chair; Vice Chair - The Chair shall preside at all meetings of the Association and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Association. The Vice Chair shall act as Chair in the absence of the Chair. 9.6) Secretary/Treasurer - The Secretary/Treasurer shall be responsible for keeping a record of all of the proceedings of the Association. The Secretary/Treasurer shall send written notice and material pertaining to agenda items to each Board Member. He/She shall have custody of the Association's funds, shall pay its bills, and keep its financial records, and generally conduct the financial affairs of the Association. The 6 Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Association. Orders, checks, and drafts of the Association shall be issued in accordance with the financial practices applicable to the member city from which the Secretary/Treasurer is elected. In conducting the Association's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with general accepted accounting principles. The Secretary/Treasurer's reports, including any bills or claims to be acted upon by the Association, shall be distributed to all Board Members. Any persons may be engaged to perform such services under the Secretary/Treasurer's supervision and direction, when authorized by the Association. 9.7) Other officers - The Association may appoint such other officers as it deems necessary. All such officers shall be Board Members. 9.8) Committees - The Association may appoint such committees as it deems necessary or desirable to accomplish its purposes. 9.9) Legislative Committee—The Association shall establish a Legislative Committee and designate the number of members. Membership to the Legislative Committee shall be appointed by a transit commission or a city council that acts as a transit commission. ARTICLE 10. FINANCIAL MATTERS 10.1) Association funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Legal instruments, except checks, which may be executed by the Secretary/Treasurer with another signature from the City Manager/Administrator or the financial officer of the Secretary/Treasurer's member city, shall be executed with authority of the Board, by any two (2) officers. 10.2) The financial contributions of the Parties in support of the Association shall be per capita. Each of the Parties shall pay to the Association an amount as determined by the Board at its annual October meeting not to exceed $.20 per capita by January 15 of the subsequent year based upon the most recent Metropolitan Council population estimates. The financial 7 o93 contributions of Affiliate Members shall be determined by the Board. These amounts may be used by the Association to pay all legal and consultant costs and expenses and other expenses as approved by the Board. The Board may authorize changes in the per capita charge for all members upon majority vote. 10.3) A proposed budget shall be formulated by the Board and submitted to the Parties and member city councils for review and comment on or before August 1 of each calendar year. Final action adopting a budget for the ensuing calendar year shall be taken by the Board at the organizatie October meeting ear. 10.4) Any Party may inspect and copy the Association books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. ARTICLE 11 WITHDRAWAL 11.1) Withdrawal - Any Party or Affiliate Member may withdraw from this Agreement effective on December 31 of any year by giving notice pursuant to Section 2 of this Article prior to September 15. 11.2) Notice - In order to effectuate a withdrawal, a Party or Affiliate Member withdrawing from the Association shall give written notice to the Chair of the Association, served personally on the Chair or addressed to the Chair at the address shown on the records of the Association, and by giving with such notice, a copy of a resolution of its Council stating its decision to withdraw from the Association. The withdrawal shall be effective upon actual receipt by the Chair and each officer of such notice and resolution. The withdrawing Party shall have the responsibility for such actual receipt by the Chair and each officer. Upon receipt of such notice and resolution, the Chair of the Association shall forward a copy of the notice and resolution to each Board Member. 11.3) Financial Effect of Withdrawal - No financial benefit shall inure to a Party or Affiliate Member that withdraws from this Association nor shall there be any 8 reimbursement for any contribution made or required of the withdrawn Party by this Agreement. ARTICLE 12 AMENDMENTS 12.1) Amendments - This Agreement maybe amended by a vote of two-thirds (2/3) of the number of Parties at any meeting of the Board, provided that such purpose is stated in the notice of the meeting and the proposed amendment is provided in writing to all Board Members at least seven (7) days in advance of the meeting. ARTICLE 13. DISSOLUTION 13.1) Duration of Association - The Association shall be dissolved if less than two (2) Parties remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Parties. 13.2) Distribution of Assets - Upon dissolution of the Association, all remaining assets of the Association, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Association. The Association shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. 9 IN WITNESS WHEREOF, The municipality of Eagan has caused the Agreement to be signed on its behalf this 2nd day of March , 19 98 . By: Mayor By: _ City Clerk 86851 10 CITY OF EAGAN RESOLUTION NO. A RESOLUTION RELATING TO JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED, by the City Council of the City of Eagan, Minnesota as follows: WHEREAS, Minnesota Statutes Section 471.59 permits two or more governmental units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them; and WHEREAS, the parties have entered into this Joint and Cooperative Agreement to develop programs on matters of mutual concern and interest and identify, review and actively oppose proposals which may be in conflict with the interest of the members. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the Joint and Cooperative Agreement as amended and attached hereto. ADOPTED by the City Council of the City of Eagan this 2nd day of March, 1998. Motion by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in Favor: By Those Against: Its Mayor Dated: Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of March, 1998. E. J. VanOverbeke, City Clerk Agenda Information Memo March 2, 1998 Eagan City Council Meeting I. PREMISES PERMIT RENEWAL APPLICATIONS KNIGHTS OF COLUMBUS #7604 FOR PULL-TAB OPERATIONS AT RICHARD'S FOOD & LIQUORS AND STARKS SALOON ACTION TO BE CONSIDERED: To approve resolutions renewing the charitable gambling premises permits for the Knights of Columbus#7604 for pull-tab operations at Richard's Food & Liquors at 4185 South Robert Trail and Starks Saloon at 3125 Dodd Road. FACTS: • The City is in receipt of applications for renewal of the above referenced premises permits to allow continuation of charitable gambling and support of the Knights of Columbus#7604 located at Richard's Food& Liquors and also Starks Saloon. The applications have been reviewed by staff and the Police Department and are in order for consideration by the City Council at this time. ATTACHMENTS: • Resolutions attached on pages through, • Applications enclosed without page number. RESOLUTION CITY OF EAGAN PREMISE PERMIT RENEWAL FOR KNIGHTS OF COLUMBUS #7604 ON STARK'S SALOON PREMISES WHEREAS, the Knights of Columbus #7604 conducts a pull tab operation at Stark's Saloon, 3125 Dodd Road; and WHEREAS, the Eagan Police Department has reviewed the renewal application and has not identified any reason to deny; and WHEREAS, the Knights of Columbus #7604 held a gambling premise permit at the above location since July, 1994, with no reported problems; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Knights of Columbus #7604 premise permit renewal application at Stark's Saloon, 3125 Dodd Road. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those in Favor: Its Mayor Those Against: Attest: Its Clerk 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 2nd day of March, 1998. E. J. VanOverbeke, City Clerk 0 RESOLUTION CITY OF EAGAN PREMISE PERMIT RENEWAL FOR KNIGHTS OF COLUMBUS#7604 ON RICHARD'S FOOD & LIQUOR PREMISES WHEREAS, the Knights of Columbus #7604 conducts a pull tab operation at Richard's Food&Liquor, 4185 South Robert Trail; and WHEREAS, the Eagan Police Department has reviewed the renewal application and has not identified any reason to deny; and WHEREAS, the Knights of Columbus #7604 held a gambling premise permit at the above location from May, 1988 to July 1989 and since April 1992, with no reported problems; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Knights of Columbus #7604 premise permit renewal application on Richard's Food&Liquor premises. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those in Favor: Its Mayor Those Against: Attest: Its Clerk 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 2nd day of March, 1998. E. J. VanOverbeke, City Clerk 30 Agenda Information Memo March 2, 1998 Eagan City Council Meeting J. CORRECTION TO MINUTES FOR LINDER'S GREENHOUSES,INC. CONDITIONAL USE PERMIT,APPROVED FEBRUARY 3, 1998 ACTION TO BE CONSIDERED: To approve the correction to the February 3, 1998 City Council minutes for the Conditional Use Permit for Linder's Greenhouses, Inc. FACTS: • On February 3, 1998, a Conditional Use Permit was approved by the City Council for Linder's Greenhouses, Inc. • Language in condition no. 3 has been changed to clarify the dates of operation. The change is highlighted in the attached minutes. ATTACHMENTS: • February 3, 1998 City Council minutes attached on page 3 . CONDITIONAL USE PERMIT-LINDER'S GREENHOUSES,INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He said that staff would prefer that a condition be added to prevent the overlap of this use with the CUP that was approved for a summer produce stand on this site. Peter Linder,applicant,requested that he and the operator of the produce stand be allowed to reach an agreement ensuring that the dates of operation will not overlap. He said they are requesting signage on all four sides of the building because they are trying to differentiate their greenhouse from others. He further said they will remove the advertising signs. Councilmember Wachter said he is not in favor of changing the rules to accommodate individual requests. He stated that signs on the sides of the building facing public right-of-way is fair. He questioned if there will eventually be a proliferation of these types of uses in parking lots all over the City. Mayor Egan commented that this may be the future trend. Councilmember Awada added that she would not support signage on four sides,but would support two sides. Councilmember Awada moved,Councilmember Blomquist seconded a motion to approve a Conditional Use Permit to allow the seasonal outdoor sale of plants and plant products and a temporary greenhouse structure to be located in the parking lot of the Cedar Cliff Shopping Center at 2127 Cliff Road,on Lot 1,Block 2,Cedar Cliff Commercial Park in the SE 1/4 of Section 30 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The greenhouse and outdoor sale shall be located as shown in the site plan dated December 16,1997. 3. The greenhouse and outdoor sale shall be allowed on the site only between April 15th and #1; 1 " r.Of T "^'5a' or setup of the seasonal outdoor sale of produce, All sales shall cease and all structures and materials shall be removed from the site by *My or setup of the produce stand each year, 0 '0'' ` ; artier. 4. The applicant proposes operations between the hours of 8:00 a.m.to 8:00 p.m.weekdays and 8:00 a.m.to 7:00 p.m.on weekends. 5. A building permit is required prior to construction of the greenhouse. 6. The patio areas outside the structure shall be enclosed by a fence as shown in the elevations exhibit dated December 16,1997. Display of any plant materials or products outside of the greenhouse shall be contained entirely within the fenced area. 7. The wall signs on the greenhouse shall comply with the number and size restrictions for permanent signs in the Sign Code and a sign permit is required to display the signs for the duration of the seasonal sale. There should be no signs projecting above the roof line of the greenhouse. Aye: 5 Nay: 0 3a Agenda Information Memo March 2, 1998 Eagan City Council Meeting K. FINAL PLAT EAGAN BUSINESS COMMONS 2"D ADDITION—RPMC DEVELOPMENT COMPANY ACTION TO BE CONSIDERED: To approve the final plat for Eagan Business Commons 2nd Addition located north of Lone Oak Road and west of State Highway 55 at 2980 Commers Drive. FACTS: • When Eagan Business Commons l' Addition was platted in 1997, there was an exception to the plat for a parcel owned by Dart Transit that contained a single family home. The City as part of the TIF redevelopment district has since acquired that parcel and this final plat will incorporate that exception piece into Lot 1, Block 1 — Eagan Business Commons 2nd Addition. ATTACHMENTS: • Plat drawing page . 33 I I I i I I I i ( I R 1 L _IL — — — — — — — — — — /\ 1 a \ NO'/937'W 4/6.88 Y -a --------rlJ 1 oon^ab I� ; �i ) ION ,m � �mO I[� L— '%,/'�' '/ i�'•„` / hn o 0 0 tj at I }3l N /z _S/ °s q _ - .51g - 3a � am z; .Q -48 a- e; i4 ip I r •Q u" g 0 e: ;£Y e_ I g ' •g sa,�m I a'.�; - �= � � 3 S �P ;sem - s �< 1;9 s' p �F° a yc ?n'^ y I °:.'o •: �' Q Rg =F; 3 _" x..F+ Qz -' Y I I Agenda Information Memo March 2, 1998 Eagan City Council Meeting L. RECOMMENDATION,AIRPORT RELATIONS COMMISSION, METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL ALTERNATE REPRESENTATIVE,JANE VANDERPOEL ACTION TO BE CONSIDERED: To appoint Jane Vanderpoel to be the City's alternate representative to the Metropolitan Aircraft Sound Abatement Council FACTS: • At its meeting of January 20, 1998,the City Council appointed Lance Staricha and Jon Hohenstein to be the City's Representatives to MASAC. The Council also asked that the Airport Relations Commission recommend one of its members to serve as the City's alternate to that group. • At its meeting of February 10, 1998,the Commission recommended Jane Vanderpoel for the position. Grantee: CITY OF EAGAN Grant No.: SG97-192 Amount: $7,930.00 End Date: December 31, 1998 METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council') and the metropolitan-area governmental unit identified above as"Grantee." WHEREAS, Minnesota Statutes section 473.867 requires the Council to establish a planning assistance fund for the purposes of making grants and loans to local governmental units to assist local governmental units in the seven-county metropolitan area conduct and implement comprehensive planning activities, including the review and amendment of local comprehensive plans and fiscal devices and official controls as required by section 473.864, subdivision 2; and WHEREAS, pursuant to Minnesota Statutes section 473.867, subdivision 4, planning assistance grant funds shall not exceed seventy-five percent of the total costs and expenses of the project, service or activity for which the grant is awarded; and WHEREAS, in May 1997 the Council issued its Metropolitan Council Local Planning Assistance Grant Guidelines and solicited applications for local planning assistance grant funds; and WHEREAS, the Grantee is a city or town in the metropolitan area as defined in Minnesota Statutes section 473.121, or is a metropolitan-area city, town or county acting in partnership with cities or towns which was authorized to submit a joint application and execute this grant agreement on behalf of the partnership; and WHEREAS,the Grantee submitted an application for local planning assistance grant funds and was awarded a grant to fund eligible comprehensive planning activities identified in the application. NOW THEREFORE, in reliance on the representations and statements above and in consideration of the mutual promises and covenants contained in this grant agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Comprehensive Development Guide" means the comprehensive development guide for the seven-county metropolitan area adopted by the Council pursuant to Minnesota Statutes section 473.145, and the policy plans and other components of the development guide adopted by the 3 � Agenda Information Memo March 2, 1998 Eagan City Council Meeting M RESOLUTION,METROPOLITAN COUNCIL,LOCAL PLANNING ASSISTANCE GRANT AGREEMENT ACTION TO BE CONSIDERED: To approve the local planning assistance grant agreement resolution to receive $7,930.00 to offset expenses for the Comprehensive Guide Plan update. FACTS: • The City Council previously authorized submission of a grant application to Metropolitan Council for the Local Planning Assistance Grant Program. The City has been awarded $7,930.00 through that program. • In order to receive the grant proceeds, it is necessary for the City to adopt a grant agreement in resolution form. The terms and conditions of the grant are outlined in the program guidelines,the application and the agreement. BACKGROUND: • Grant agreement resolution on pages through . Council pursuant to Minnesota Statutes Chapter 473, including the Regional Blueprint adopted by the Council pursuant to Minnesota Statutes section 473.145. (b) "Comprehensive Plan" means a comprehensive plan which complies with Minnesota Statutes sections 473.858 through 473.865, including those provisions in section 473.859 which require housing elements and housing implementation programs. (c) "Metropolitan Land Planning Act of 1976 " means the land use planning provisions of Minnesota Statutes Chapter 473, including Minnesota Statutes sections 473.175 and sections 473.851 through 473.871, as amended. II. GRANT FUNDS 2.01 Grant Amount. The Council will provide to the Grantee the "Grant Amount" identified at page 1 of this grant agreement which the Grantee shall use for authorized purposes and eligible activities. Any reduction or termination of the match amount required under paragraph 2.02 may result in a like reduction in the Grant Amount. 2.02 Seventy-Five Percent Limit. The Grant Amount provided to the Grantee under this agreement may be used to pay up to seventy-five (75) percent of the total costs and expenses of the projects, services and activities described in the Grantee's work plan and budget. The Grantee shall match the Grant Amount received from the Council on at least a one-for-three basis. The matching funds may include in-kind work or cash and shall be identified in the work plan budget and in the progress reports required under paragraph 3.01. 2.03 Authorized Use of Funds. The Grant Amount provided to the Grantee under this agreement shall be used only for the purposes and eligible activities described in the Grantee's work plan and budget as approved by the Council. A copy of the Grantee's approved work plan and budget is attached to and incorporated into this agreement as Attachment A. Eligible activities are outlined in the May 1997 Metropolitan Council Local Planning Assistance Grant Guidelines and include, but are not limited to, staff pay, consultant and professional services, printing and publishing. Grant funds may not be used for per diem payments to appointed or elected board or commission members. Grant funds also may not be used to purchase or acquire equipment or other tangible, nonexpendable personal property or for activities inconsistent with the Council's Comprehensive Development Guide,the Metropolitan Land Planning Act of 1976, as amended,Minnesota's Critical Areas Act of 1973, as amended, or other applicable state laws. The Grantee agrees to promptly remit to the Council: any unspent grant funds;any grant funds which are not used for the authorized purposes specified in this paragraph; and any interest earnings described in paragraph 2.05 which are not used for the purposes of implementing the work plan activities described in Attachment A. 2.04 Disbursement Schedule. Within thirty (30) days after final execution of this agreement, the Council will disburse to the Grantee ninety(90)percent of the Grant Amount. The ten (10) percent amount withheld will be disbursed to the Grantee upon completion of the work plan activities and receipt of the final progress report described in paragraph 3.01(b). 2.05 Interest Earnings. If the Grantee earns any interest or other income from the Grant Amount received from the Council under this agreement,the Grantee will use the interest earnings or income only for the purposes of implementing the work plan activities described in Attachment A. 3U - 2 III. REPORTING,ACCOUNTING AND AUDIT REQUIREMENTS 3.01 Progress Reports. The Grantee will provide to the Council's authorized agent a written midpoint progress report and a written final progress report describing the status of the work plan activities described in Attachment A. These reports ensure the Grant Amount made available under this agreement is appropriately expended as described in the work plan and budget. The reports shall be subject to the following content and schedule requirements. (a) Midpoint Progress Report. At approximately the midpoint of the Grantee's work plan activities, the Grantee must submit to the Council a written midpoint progress report which includes: a summary of the work plan activities undertaken and completed to date; a summary of work plan activities to be accomplished during the remaining months of the work plan; and a summary of unanticipated issues and opportunities that affect the work plan, time schedule for project completion, or budget. The midpoint progress report also must include a summary of project costs and sources of funds for those expenditures, and a list of itemized expenditures of funds received from the Council and matching funds by category in the budget. (b) Final Progress Report. Upon completion of the work plan activities described in Attachment A, the Grantee must submit to the Council a written final progress report which includes: a summary of the work plan activities undertaken and completed since the submission of the midpoint progress report; a summary of project outcomes, costs and sources of funds for those expenditures; and a list of itemized expenditures of the Grant Amount received from the Council and matching funds by category in the budget. 3.02 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the Grant Amount received from the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of three (3) years following the completion of the work plan activities described in Attachment A. If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved or until the end of the regular three-year period, whichever is later. The Grantee will keep proper financial records and other appropriate documents sufficient to evidence the nature and expenditure of the match funds required under paragraph 2.02. 3.03 Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee and accounting shall be in accordance with generally accepted government auditing standards covering financial and compliance audits. The accounts and records may be audited or inspected on the Grantee's premises, or otherwise, at any time by individuals or organizations designated and authorized by the Council or by appropriate state or federal agencies, following reasonable notification to the Grantee, for a period of three (3) years following the completion of the work plan activities described in Attachment A. 3.04 Authorized Agent. The Council's authorized agent for purposes of administering this grant agreement is Terrence Kayser, or another designated Council employee. The written reports submitted to the Council should be directed to the attention of the authorized agent at the following address: 3� - 3 - Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101-1634 IV. GRANT AGREEMENT TERM 4.01 Term and End Date. This grant agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02 or extended by written agreement pursuant to paragraph 4.03,this agreement will expire on the "End Date" identified at page 1 of this grant agreement, or upon completion of the work plan activities described in Attachment A and submission of the final progress report required under paragraph 3.01(b). 4.02 Termination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this agreement and any amendments of this agreement. Termination of this agreement does not alter the Council's authority to recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this agreement, the Council may take any action to protect its interests, may refuse to disburse additional funds and may require the Grantee to return all or part of the funds. 4.03 Amendment. The Council and the Grantee may amend this agreement by written mutual consent. Amendments, changes or modifications to the Grantee's approved work plan and budget shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable federal and state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the funded work plan activities. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the expiration or termination of this agreement. This indemnification shall not be construed �/D -4 - as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 5.04 Compliance with Law. The Grantee agrees to conduct the work plan activities in compliance with all applicable provisions of federal, state and local laws. 5.05 Acknowledgment. The Grantee shall appropriately acknowledge the funding assistance provided by the Council in promotional materials, reports, publications and notices relating to the project activities funded under this agreement. 5.06 Warranty of Legal Capacity. The individual signing this agreement on behalf of the Grantee represents and warrants that the individual is duly authorized to execute this agreement and that this agreement constitutes the Grantee's valid, binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. Approved as to form: METROPOLITAN COUNCIL By: Associate General Counsel Thomas C. McElveen, Deputy Director Housing, Development and Implementation Community Development Division Date: GRANTEE By: (Signature of Authorized Representative) Name: Title: Date: By: (Signature ofAuthorized Representative) Name: Title: Date: COMPGRNT.DOC 10/97 L�j 5 - ATTACHMENT A Grantee's Work Plan and Budget This Attachment A comprises this page and the Grantee's work plan and budget as approved by the Council. 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ERE on: ■■MMES ■■ -■■a■■ SEMEN Osummon MElE7M■S ■. 7E ■E.: MEMBER ON SEMEN MENEM INOMONEE EUC.'■■■ ■ ■o ■■ ■a■■■■ ■■ ■■sm■ ■ossa ©■■mm■■ ■!1!loss ■ . A■ ■■ MONS■■ ■■ ■■B■■ ■■■E■ W■■mms■ ■[iNMN■ ■ s■ ■ ■ MEMBER ■■ SENSE MENEM OSEM■■■ ■to■■ ■ on ■ ■ Mona■■ am MESON ■■S■■ NM■■■MN ■: ■E■■ ■ no ■ ■ ■EM■■■ ■o■mmno■ SOMME ©■■NEM■ ■i';EMM■ ■ on ■ ■ ■EM■O■ ■■no■s■■ ■EN■■ W■■m■■e WARREN ■ on ■■■ BENNE■ ■onus■u■ MENEM MONSOON SEASON ■ an ■o■ ■EN■E■ REMEMBER ■SSEO lgoo■■u■ ■mm■■■ ■ .o■ ■■ ■EMMM■ ■ ■M■■O■ ■■■O■ ONENESS MEMBER ■ no so ■■■mo■ ■ ■EM■O■ ■E■■■ Wou■mon ■■MMES ■ no on ■a■m■■ ■ ■ON■O■ ■■■■■ Ons■©■n Emmons ■ ■■ on ■o■m■■ ■ ■■MN■■ MENEM . NENNUE■ UNSEEN ■ ■E ■■ ■■mons MEMN■■ moons . ©EanL'1a■ ■soon■ on on ■EN■E■ ■E■■E■ OMENS W■■moem ■■M■E■ s■ on ■m■■Ms ■■■■o■ ■S■E■ O■■mnnm ■E■NEM Ms ■m ■■■■NA ■■■■■■ ME■A■ lwonnuum MENNE■ L.ON ■■ ■E■NE■ Emmons moons ©mom©um GSE■■S■ AN on ■EM■■■ ■m■o■■ moons W■■■UHS DRAWN ON ■■ ■o■mo■ Emmons MENEM a■Mm©€is Cm■■on ■■ no ■EN■E■ ■E■■E■ MOONS N■unuum UNSEEN ■■ ON an ■s■■o■ ■moss■m■ moons wommuL■ ■■A■■■ on ■■ no ■EN■EN ■■R■M■E■ ■MA■■ OSSEOC!■ Monson on ■■ on ■■AA■■ ■■VO■■M■ ■■Ann OMM■r�r.■ OEERBE ■■ ■■ EM ■ass■■ ■nommosB ■M■■■ Agenda Information Memo March 2, 1998 Eagan City Council Meeting N. AWARD bid packages 3, 6 & 10, second sheet of ice ACTION TO BE CONSIDERED: To award bid packages 3, 6 and 10 for Phase II of the Civic Arena. FACTS: • Bid packages 3 through 13 were previously advertised and opened. • Upon recommendation of the Construction Manager and staff,the Council held bid packages 3, 6 and 10 for additional review and awarded the other bid packages at their February 17`h Council meeting. • Bid Package#3 is for finish hardware. The low bidder was Gladstone Construction in the amount of$6,106. • Bid Package number 6 is for doors and aluminum entrances. The low bidder was Excel/Tru Therm Inc. in the amount of$16,850. • Bid Package number 10 is for heating, dehumidification, plumbing and fire protection. The low bidder is Swanson Plumbing and Heating of Hastings in the amount of$315,175. CONCERNS: None ATTACHMENTS: Budget update for bid packages on Page . 2-27-1998 9:07AM FROM GREYSTIPE CONSTRUCT 612 445 4191 P. 2 WMETUMATE a1ffl*A Dff0 , AppwewAkwb1d r Ana /bvda�t / Owsh" BP# SMAYee orpq.ct armum (+aver-under) fte♦rn Award Awarded 1 Paboon,Inc $ 315,679 $ 307,557 $ (6,112) PIWASt Concrete 1/26/95 Bergh's Manufacturing with Awarded 2 staff to roof S 187,000 $ 147,245 5 ($9,715)Joist!dock UAW Carpentry/spaetattlas 1 drywall/ Awarded . 3 Gladstone Construction $ 45,584 $ 65.994 $ 8,610 doors/hardware 2/17/98 Awarded 4 Carciofni Caulking $ 5,700 $ 5,250 $ (450) Caulking 2/17/98 Awarded b W V Nelson Construction $ 221,920 $ 170,219 $ (51,701) Concrete!masonry 2/17/98 6 Tru-ThrMAluminum,Int. $ 27,800 $ 15,850 $ (10;950)Alunrilnum entries A d Awarded 7 Cmwwbrd Dox Sales $ 6,700 $ 4223 $ (2,477) Overhead&coiling doors 2/17/88 , Electrical Installation,with Awarded' a alternates 8-1 $ 136,000 $ 110,050 $ (25,950) Electrical 2/17/98 Awarded 9 Schindler Elevator Corp $ 34,800 S 29,000 S (8,800) Elevator Equipment 217/98 Swanson Plumbing s !eating,Inc.-low bid with Plumbing/gas piping/fire ROc010m M 10 WWnete 10-1 $ 249,450 $ 315,175 $ 55,725 protection/dehurrrdicatlon Avwm Rainbow Inc,will alternates Awarded 11 11-1 $11-2 $ 30,419 $ $0,710 $ 291 Painting 217/05 12 HOLD, 2nd low bidder rated $ 34,000 $ 27,344 $ (6,655) Protective flooring Hold Awarded 13 Rica's Rooting $ 100,000 $ 90,500 $ (9,5oo) Roofing/sheet metal 2/17/98 Awarded 14 King Construction S 53,100 S 59,800 $ 700 Sitework 2/17/98 Proposals to be remivsd RFP due RFP1 03/03/98 $ 102,000 S 702,000 $ - Dasher boards 03/08/98 ' Proposals to be received RFP due RFP2 03/43/98 S 334,400 $ 334,400 $ - Refrigeration/lee floor 09103198 Budget Low Bids status Peraen"010 Subtotals $ 1,926,552 $ 1,839,467 $ ($7,085) -1.5% 8 W,29t sou reported o2r11198 GREYSTONE CONSTRUCTION Eagan Civic Arena-Phase 2 2/27198 Page 1 R-9 7Y6 T 612 445 4191 02-27-98 10: 12AM 'P002 #33 Agenda Information Memo March 2, 1998 Eagan City Council Meeting O. CONTRACT 98-04,Rahn Park tennis courts ACTION TO BE CONSIDERED: To approve Plans and Specification for Contract 98-04, Rahn tennis court repair/reconstruction. FACTS: • Rahn Tennis courts were originally constructed in the late 1970's. • The north set of two courts has serious structural failure. • Borings were taken to determine the cause of the structural failure and it has been determined that poor subsoil materials are present. • The Advisory Parks Commission reviewed several alternatives and has recommended that the tennis surface be removed and the poor soils excavated followed by replacement of two new court surfaces. • Funding for the repair has been budgeted from the Park Site Fund and was part of the 1998 CIP for parks previously approved by the City Council. • Project estimate is $35,000. • Construction start would not occur until after June 1, 1998 to avoid conflict with school use of the courts. CONCERNS: None Agenda Information Memo March 2, 1998 Eagan City Council Meeting P. PREMISES PERMIT RENEWAL APPLICATION EAGAN LIONS CLUB TO CONDUCT A PULL-TAB OPERATION AT CEDARVALE LANES ACTION TO BE CONSIDERED: To approve a resolution renewing the charitable gambling premises permit for the Eagan Lions Club to conduct a pull-tab operation at Cedarvale Lanes located at 3883 Beau d'Rue Drive. FACTS: • The City is in receipt of an application for renewal of the above referenced premises permit to allow continuation of charitable gambling and support of the Eagan Lions Club located at Cedarvale Lanes, 3883 Beau d'Rue Drive. The application has been reviewed by staff and the Police Department and is in order for consideration by the City Council at this time. ATTACHMENTS: • Resolution attached on page . • Application enclosed without page number. RESOLUTION CITY OF EAGAN PREMISES PERMIT RENEWAL FOR EAGAN LIONS CLUB ON CEDARVALE LANES PREMISES WHEREAS, the Eagan Lions Club has applied for a premises permit renewal for a pull tab operation at Cedarvale Lanes, 3883 Beau d'Rue Drive; and WHEREAS, the Eagan Police Department has reviewed the renewal application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premises permit; NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota County, Minnesota, hereby approves the Eagan Lions Club application for premises permit renewal at Cedarvale Lanes, 3883 Beau d'Rue Drive. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those in Favor: Its Mayor Those Against: Attest: Its Clerk 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 2nd day of March, 1998. E. J. VanOverbeke, City Clerk Agenda Information Memo March 2, 1998,Eagan City Council A. VARIANCE (1553 SKYLINE COURT)–DOUGLAS AND HELEN BOLSTORFF ACTION TO BE CONSIDERED: > To approve or deny a 10 foot Variance to the required 30 foot front yard setback from a public right-of-way for Lot 3,Block 1,Prettyman Heights, located at 1553 Skyline Court in the SE '/4 of Section 4. FACTS: > The applicant is requesting a 10-foot variance to allow construction of a single-family home on Lot 3,Block 1, Prettyman Heights. The variance is requested because of the topography which slopes to the north (rear of the lot)with a 15-20 foot elevation change. > A similar variance of 10 feet was granted for the adjacent lot, Lot 4, Block 1, Prettyman Heights. ISSUES: > Since the property is within the Metropolitan Council's Noise Policy Contour IV and infill residential development is typically considered conditional within this contour, a new home on this lot should be constructed to achieve interior sound levels of 45 dBA. ATTACHMENTS: Staff report,pages's-1 S� PLANNING REPORT CITY OF EAGAN REPORT DATE: February 26, 1998 CASE: 04-VA-03-02-98 APPLICANT: Douglas & Helen Bolstorff HEARING DATE: March 2, 1998 PROPERTY OWNER: Douglas &Helen Bolstorff PREPARED BY: Pamela Dudziak REQUEST: Variance of 10 feet from the required 30 foot front yard setback LOCATION: 1553 Skyline Court(Lot 3, Block 1, Prettyman Heights) COMPREHENSIVE PLAN: D-I, Single Family Residential (0-3 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicants are requesting a 10-foot Variance to the required 30-foot setback from a public right-of-way for Lot 3, Block 1, Prettyman Heights in the southeast '/4 of Section 4. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if. 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS The R-1 Zoning Code requires a minimum building setback of 30 feet from the property line abutting a public right-of-way. S/ Variance Report—Douglas &Helen Bolstorff March 2, 1998 Page 2 BACKGROUND/HISTORY Prettyman Heights was platted in 1989. Similar 10-foot variances to the setback from the public right-of-way were granted for Lot 1 and Lot 4 in 1990. Lot 4 is to the west of the applicant's lot, and Lot 1 is the corner lot along Skyline Drive. EXISTING CONDITIONS The lot is open with a steep slope with an elevation change of 15-20 feet to the north (rear). There are two trees, one evergreen and one deciduous, on the rear portion of the property. EVALUATION OF REQUEST The applicants are proposing to construct a single-family home with a 3-car attached garage. The lot is steeply sloped toward the north, which constrains the placement of the house. The proposed 20-foot setback allows a basement floor elevation above the steeply sloped yard and better fits with the existing topography of the land. The 20-foot setback places the house in line with the house on the adjacent lot at the end of the cul-de-sac Lot 4, which was also set back 20 feet. Aesthetically, the appearance would be of a consistent front setback line with the homes on the adjacent lots. Although the building would be closer to the front lot line, the 20-foot front setback would still allow a vehicle to be parked in the driveway outside the garage without encroaching into the boulevard area of the right-of-way. The property under consideration is in the Metropolitan Council's Noise Policy Contour IV. Within this contour, infill residential development is typically considered to be conditional. Because this is the last lot on this street, and is within a largely developed residential subdivision, it would only be appropriate for it to develop as a residential use. However, the home should meet appropriate sound attenuation standards upon construction. In accordance with MS 473.192, the building plans, materials and construction should be such that they will ensure an interior sound level of 45 dBA as compared with the noise level at the inner boundary of the noise zone, in this case 65 DNL. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has indicated that the topography of the lot necessitates the variance. In particular, the property is steeply sloped in the rear. Placing the house ten feet closer to the street would allow the basement elevation to be 4 feet above the sloping back yard. In addition, the applicant believes that the proposed 20-foot setback interferes less with the views of Lots 2 and 4 on either side of this lot. SUMMARY/CONCLUSION The proposed Variance is requested because of the physical condition of the land. The proposed house is compatible in size and appearance with the others in this neighborhood. Because of the S� Variance Report—Douglas & Helen Bolstorff March 2, 1998 Page 3 curve in the cul-de-sac street, it does not appear that there would be a negative aesthetic impact from the reduced front yard setback. ACTION TO BE CONSIDERED To approve or deny a Variance of 10 feet from the 30-foot required front yard setback for 1553 Skyline Court in the southwest '/4 of Section 4, legally described as Lot 3, Block 1, Prettyman Heights. If approved, the variance should be subject to the following condition: 1. The applicant shall ensure that the building plans, materials and construction are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. *City of Eagan Lomfion Map w , P Q; Or.4 WIN AVE. HIGMVIEW AVE. ♦ ® y� a Rs if ~ e 'ra = aa♦ !® MIGRN[W AVE. VOP s e ® g e �• aRIDO[VIEW AVE _ A .FQ R E LF Je P AVE Q g,.• Sub'eet Site N ® ®m W alai[ E ROAD l w Or • JN m =O =v0 "Ills ® w Me qP Y E., � l �_ J O J=r 114, me go J`,, lipas A.. i l ® a>R z DIM m z G'wtH®off lip i O e M.. s = � r i O Y y v o J O J � Ro = D i c e p MCCARTHY u a ; d RED CEDAR ROAD Ear �p0 a � � � A� � TOWERVIEW ROAD TWTM a e FOUR GAR:RD. fv! . f 1 400 0 400 800 1200 Feet Douglas and Helen Bolstorff 1553 Skyline Court Variance Case No. 04-VA-03-02-98 "N E City of Eagan Community Development Department n , / / lb, 004 12 co Io ITIT, s 1 / ✓ \Z ? 5 10 / (0014)/ (00ty V6 OGI 23[j q A r '(Sz \1 I 10 �► D I g • IV _•N s 0 M d 0 d �1❑ - Jam= I=T - 71 R - W — .!A or ELEVA T/o d RESIDENCE FOR: 'DOUG & HkttN BOLSTORFF ororru,�e o«i�, BJORKLUND CONST. Q ,Slob O A � Z(s�L b s � W X r x ok r Z i2 /fFUT- wc7-34e- � I 0 10 z 0 oma?- Ix� l N N� � z 1 Z04 Z Z��B llV l!F' RESIDENCE FOR: Q A 17 Drafting 6 Design FLOOR 'PLFfV m Z�" Zr4q" —-- ZOO 8----- -- --- o Ilk Ilk 0 8-4 r yo C C 6 Oct lz- L��o o Tc \ N O O Z648 0 RESIDENCE FOR: DOUG & HELEN BOLSTORFF �J'A pratNn9 b Despn Ft 25 T O IZ L I,� Agenda Information Memo March 2, 1998 B. PROJECT 726, GREENSBORO ADDITION ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 726 (Greensboro Addition— Storm Sewer Improvements) and, if approved, authorize the preparation of detailed plans and specifications. FACTS • On September 17, 1997, city staff received a petition requesting rear yard drainage improvements in Greensboro Additions. The City Council directed staff to prepare a feasibility report to address the scope, cost, schedule and financing of improvements to the drainage area. The area involved includes 15 single-family residential homes. • On December 16, 1997, the feasibility report for Project 726 was presented to the City Council and a public hearing was scheduled. The hearing was opened on February 3, 1998. The public hearing was continued until March 2, 1998, based upon the information that efforts were being made by some of the residents to have the improvements constructed privately. The City Council directed staff to work with the residents to facilitate an acceptable solution. • An informal meeting was held between staff and the neighbors present at the hearing immediately after the continuation of the hearing. The private efforts were discussed in detail and continuation of said efforts was consented to by the residents in attendance. • The residents leading the private improvement efforts have received consent from all but two of the affected property owners to complete the drainage work proposed within the city's easement. A letter has been sent to one of the property owners by staff due to obstructions placed within the easement that are restricting the flow of drainage through the easement. • Project 726, as presented in the feasibility report, is not acceptable to the property owners included within the potential assessment area. It appears that the private improvements currently proposed by the residents will be completed within the next few months. Therefore, it may be appropriate for the project to be denied at this time. Staff may continue to facilitate the completion of the private improvements in an acceptable manner. ATTACHMENTS: • Feasibility Report,pages through . • Minutes From Informational Neighborhood Meeting,pages 2Z through 81 • Letter to Resident,page?,. City of Eagan Report for Greensboro Addition Storm Sewer Improvements City Project No. 726 Eagan, Minnesota December, 1997 6 s. city of czagan THOMAS EGAN December 16, 1997 MOyor PATRICIA AWADA Honorable Mayor and City Council SANDRAA A. MASIN City of Eagan THEODORE WACHTER 3830 Pilot Knob Road Council Members Eagan, MN 55122 THOMAS HEDGES City Administrator RE: Greensboro Addition Storm Sewer Improvements Report E.J. VAN OVERBEKE City Clerk City Project No. 726 Dear Mayor and City Council: Attached is our report for the Greensboro Addition Storm Sewer Improvements, City Project No. 726. The report presents and discusses the proposed improvements and includes a cost estimate and preliminary assessment roll. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, 1ohn P. Gorder Development/Design Engineer 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. 16hn P. Gorder Date: 12-16- 'F-7 Reg. No. 2 3 Reviewed By: IZ-/7-97 Dept. of Public Works Date Reviewed By: Ft ce Dept. Date MUNICIPAL CENTER MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE LONE OAK TREE 350' COACHM,a^a PO!r+' EAGAN. MiNNESC?A 55122-18c THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN, MINNES�:)'A 55'22 PHONE (612)681-4600 PHONE (612)68--430-- PAX 112)68--4300FAX (611 2)681-4612 Equal Opportunity/Affirmative Action Employer FAX (612)68 -43tC TDD (612)454-8535 /� TDD (612)454-853t' Table of Contents Letter of Transmittal/Certification Table of Contents Page Introduction.................................................................................1 Discussion....................................................................................2 Feasibilityand Recommendations......................................................3 Easement/Permits...........................................................................3 CostEstimate................................................................................4 Assessments..................................................................................4 ProjectSchedule............................................................................5 Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Figures Figure 1 —Location Map Figure 2— Storm Sewer Improvements Figures 3 —Drainage Tile Detail Figure 4 -Easements k3 Introduction This report is in response to a resident's concern regarding poor backyard drainage patterns in the Greensboro Addition block bordered by Cross Road to the south, Greensboro Drive to the north, and Greensboro Lane to the east in central Eagan (see Figure 1). This area includes Lots 1-5, Block 4 Greensboro I" Addition platted in 1986 and Lots 1-10, Block 4 Greensboro 2nd Addition platted in 1987. The poor drainage is due to a combination of very flat initial grading at time of development, poor finish grading at time of individual building permits, and landscaping placed within existing drainage and utility easements inhibiting runoff. These conditions have created areas of standing water in landscaped portions of the residents' yards for long periods after a rain event and have occurred since the property was developed in 1986-87. The standing water does not occur on all of the properties mentioned above but all of the lots contribute drainage to the area in question. Private neighborhood initiatives to deal with this problem have not been successful as there was not full cooperation by some of the neighbors within the drainage area who do not currently have drainage problems on their properties. Subsequently, the residents who do have inadequate drainage on their property have petitioned the City to investigate the situation for possible solutions. 6 1 JLONEOAK ROAD I L _ 9th ' o x 11 cl \ Y 2000 0 0 _J Y CL PROMENADE PL. \ YANKE DOODLE A \ 1D 2 PROJECT LOCATION � Dv A -_.. �D 39 FISH ` I 10 w �4Q z ° VESCOTT ROA 3' � o o � J RTHV � C� ^\` 24 JJ 21 DEERVp 1 45 - - TSD,T96 <Ca RD. 30� 92 42 r D� __- <rn C GREENSBORO ADD, — STORM SEWER Revised City of Eagan 6 5 PROJECT 726 Discussion Two eight-inch diameter drain tile lines are proposed to be extended from existing storm sewer structures to handle drainage from these backyard areas, as shown on Figure 2. One line would be constructed from the existing street catch basin at Cross Road and Greensboro Road, across the rear lot lines of Lot 1, Block 4 Greensboro 1St and Lot 1, Block 4 Greensboro 2nd, to the low area in the rear lot line of Lot 2, Block 4 Greensboro 2nd Addition. This drain tile line is depicted on Figure 2 as the "West Line". The other line will extend from the existing rear yard catch basin at the corners of Lots 8, 9 and 10, Block 4 Greensboro 2nd Addition, west across the rear lot lines of Lots 4-8, to a low area in the southwest corner of Lot 4. This drain tile line is depicted on Figure 2 as the "East Line". These storm sewer systems will provide for drainage of the backyard areas along the entire length of the pipes through percolation into the system as detailed on Figure 3. These lines will drain to the City storm sewer system. Catch basin structures will be placed at bend locations in the pipes to allow access for City Maintenance personnel. These drain tile and catch basin systems will provide drainage for a majority of the backyard areas studied. However, portions of the backyards may require further grading to provide positive drainage into the systems. The proposed drain file lines and catch basin structures will be placed at locations and depths so as to allow further re-grading of the backyard areas by the individual property owners, if they so wish. Restoration of the disturbed areas after installation of the drain tile system will include sodding, salvage and replacement of fences and shrubs, etc. 2 1�6 cl) EXIST. CB. r\,n oLKJ lb 80, r Z CD - PROPOSED "EAST LINE" O O � o HUNTER • o \` w PROPOSED "WEST LINE" / / • I I • I V) (n O 1 I 1 { O I C-) It II ,� 1 I I i —EXIST. CB. t I I I / i GREENSBORO DR. WORM GREENSBORO ADD.- STORM SEWER 12-2-97 CITY OF EAGAN PROJECT 726 Fig2 COURSE F1L -=R AGGREGA,'E v OR 8 PVC PER FO RATcO MN / 0.0.T. 3149 . 2 H PI PE- SEE DETAIL BELLOW n Q a—oo a� 3-0 o r a d-0 0 o (5-0 aQ TH E PIPE -%iAL BE 6 �p o ° ° a e LINED WITH CELANESE p0 a o 0 0 •�� MIRAFI 140 FILTER �po ° ° c o FABRIC OR APPROVED PIPE DIA. 0o co • o , o� EQUAL 0 6° 100,91 Oh �00o Lbv ��==o= —o= S Q-a --FILTER FABRIC CAN BE PLACED ON THE OUTSIDE OF THE AGGREGATE 1 2'-Or MAX AS AN ALTERNATE. TRENCH DETAIL 1/4'0 DIA. HOLE , TYPICAL. SEE SPECIFI CATIONS rr6BDIA. f I _ i 90• 160• PIPE DETAIL city of eagan PUBLIC DRAINAGE TILE FIGURE $ WORKS 3 . DEPARTMENb57 y I .......... Feasibility and Recommendation This project is necessary to improve the rear lot drainage of the surrounding properties and maintain home and property values. This project is cost-effective in that the proposed improvement will protect the existing houses and landscaping of the surrounding properties from further storm water damage. The estimated costs are favorable to costs associated with restoration of property damaged previously and potential future property damage. This project is feasible from an engineering standpoint. Easements/ Permits The proposed drain tile lines will be considered a public utility to be maintained by the City, and therefore need to be included within drainage and utility easements. Since the drainage and utility easements along the lot lines dedicated with the platting of the Greensboro subdivisions are not sufficient in width for the proposed construction and do not follow the existing drainage patterns, additional easements will need to be obtained from the surrounding properties as shown on Figure 4. For purposes of this report, easement acquisition costs are estimated at $1,500 per lot. Easements are required from 8 lots. Therefore, easement acquisition costs are estimated to be $12,000. Permanent and temporary easements will need to be obtained from the following properties(8 total): ' Greensboro 1" Addition Greensboro 2°d Addition Lot 1, Block 4 Lots 1-2, Block 4 Lots 4-8, Block 4 693 9 0 1" — 80' F �145sq.ft. 325 sq.ft O270 sq.ft. . Q' �O CD 375 sq.ft. " HUNTER Ln 1 I �^ . I v Nt 305 sq.ft. i N ro V I I C2 � I y u I I r-- I i II O I I � I GREENSBORO DR. GBORESMT PROJECT 726 <f: 5 GREENSBORO ADD.— STORM SEWER 12-2-97 ---�- CITY OF EAGAN REQUIRED PERMANENT EASEMENTS Fig. 4 Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 1998 construction costs and include a 10 percent contingency and indirect costs of 30 percent, which include legal, administration, engineering and bond interest. Summaries of the costs, including easement acquisition, are as follows: Storm Sewer Construction ..................... $43,995 Easements.......................................... S12,000 Total Project Cost $55,995 Assessments Assessments are proposed to be levied against the benefited properties on a per square foot area of contributing drainage area basis. The proposed assessment rates were determined by dividing the project cost by the total area of contributing drainage to the backyard areas, as follows: Estimated Project Cost= $55,995 Total Contributing Drainage Area = 113,040 SF Proposed Assessment Rate= $0.495/ SF Drainage Assessments will be revised based on final project costs. The properties proposed to be assessed are shown on Figure 5. A preliminary assessment roll is included in Appendix B. �/ 4 - - - - - - - - - - - - - - - r\n opo ® •- `. LKj 1" = 80' G� ♦ QQ 10 ♦ S� M 5 ; °lp° � o , �j PRVO "EAST LINE" 6 ' 4 D o• I DRAINAGE AREA BOUNDARY HUNTER �C/ 4 LN. \�S� 131 0ILI p,0 Q 0 2 PROPOSED "WEST LINE" Cl D V) 2 0 Q 00 Fil0 v i i 1� LOTS TO BE ASSESSED GREENSBORO DR. GREENSBORO ADD.- STORM SEWER 12-12-97 CITY OF EAGAN PROJECT 726- LOTS TO BE ASSESSED Fig. 5 Project Schedule* Present Feasibility Report to City Council/ Order Public Hearing............................................. December 16, 1997 Neighborhood Meeting.................................................... January,1998 Public Hearing ........................................................... February 3, 1998 Award Contract................................................................. March, 1998 Project Completion...............................................................May, 1998 Final Assessment Hearing ..............................................October, 1998 First Payment Due with Property Tax Statement ..............................................................................May, 1999 *Schedule assumes timely conveyance of easements. Appendix A Preliminary Cost Estimate Greensboro Addition Storm Sewer City Project No. 726 1) West Line Unit Item lin-i1 Qty, Price Total Connect to Ex. Catch Basin Ea. 1 $1,000 $1,000 27" Dia. Catch Basin w/cstg. Ea. 4 800 3,200 8" PVC, SDR 35 Pipe LF 130 15 1,950 8" Drain tile w/ sock LF 170 15 2,550 Coarse Filter Aggregate CY 20 10 200 Geotextile Fabric SY 190 2.50 200 Salv. & Reinstall Split Rail Fence LF 100 10 1,000 Salv. & Reinstall Wood Fence LF 30 20 600 Salv. & Reinstall Planter Box LS 1 500 500 Sod w/ 3" Topsoil SY 500 6 3,000 Subtotal $14,475 +10% Contingencies 1,450 Subtotal $15,925 +30% Indirect Costs 4,780 Total $20,705 2)East Line Unit Item 11nil Qty- Price Total Connect to Ex. Catch Basin EA 1 $1,000 $15000 27" Diameter Catch Basin w/ cstg. EA 4 800 3,200 8" Drain tile w/ sock LF 370 15 55550 Coarse Filter Aggregate CY 35 10 350 Geotextile Fabric SY 410 2.50 15025 Saly. & Transplant Vegetation EA 10 150 1,500 Sod w/ 3" Topsoil SY 610 6 3,660 Subtotal $16,285 +10% Contingencies 1,630 Subtotal $17,915 +30% Indirect Costs 5,375 Total $239290 Total — Storm Sewer $439995 Estimated Easement Acquisition $12,,000 Total Project Cost $559995 Appendix B Preliminary Assessment Roll Greensboro Addition Storm Sewer City Project No. 726 Property Drainage Area(SF) Rate/SF Total ssessment Greensboro 1St Addition Lot 1 ,Block 4 3,180 $0.495 $1,585 Lot 2, Block 4 8,270 0.495 4,095 Lot 3, Block 4 15,390 0.495 7,620 Lot 4, Block 4 11,850 0.495 5,865 Lot 5, Block 4 5,080 0.495 2,525 Greensboro 2nd Addition Lot 1, Block 4 6,200 0.495 3,080 Lot 2, Block 4 6,900 0.495 3,415 Lot 3, Block 4 6,650 0.495 3,290 Lot 4, Block 4 8,180 0.495 4,050 Lot 5, Block 4 8,480 0.495 4,200 Lot 6, Block 4 7,850 0.495 3,885 Lot 7, Block 4 8,500 0.495 4,205 Lot 8, Block 4 6,300 0.495 3,125 Lot 10, Block 4 10,210 0.495 5,055 Totals 113,040 $55,995 CITY OF EAGAN PROJECT NO. 726 GREENSBORO DRAINAGE IMPROVEMENTS INFORMATIONAL NEIGHBORHOOD MEETING MONDAY, JANUARY 26, 1998 6:30 P.M. COMMUNITY ROOM MINUTES Attendance: Russ Matthys, Craig Knudsen, City of Eagan; Approximately 10 residents (see attached sign-in sheet) A. Welcome and Introduction • City Engineer Matthys welcomed the residents and introduced staff personnel. B. Presentation of the Drainage Issue • City Engineer Matthys reviewed the drainage problem and provided the City's understanding of the problem. • A summary of the public improvement process was given. • An explanation of the contributing drainage area and its location with respect to the problem was given. C. Questions/Comments • Looking at Figure 5 (attached) of the neighborhood, are there two options being proposed? Two options are a possibility, however that question is getting ahead of the discussion. At this point it would be helpful to receive comments from neighbors regarding any concerns they may have in their yards and how a similar problem may be affecting them. • Lots 3 and 4 of the lst Addition and Lot 8 of the 2nd Addition considered drainage a minor problem as it affected them and typically the water was gone within 24 hours after a rain event. Lot 3 of the 2nd Addition was not there, and neighbors said the owner was in the process of selling and moving. Lot 4 of the 1St, Lot 6 of the 2nd and Lot 7 of the 2nd Additions did not consider drainage a problem in their yards. One resident claimed he and a neighbor had a choice in how their yards could be graded from their builders and they were satisfied with drainage of their yards. • A comment was made that some residents may not have received a notice of the meeting including lot 5 of the 15t Add. • A property owner stated that ponded water has done damage, and the water has decreased their property values. Lot 3-2nd Addition needs to be addressed due to the landscaping completed within the public drainage easement. I • A property owner commented that most residents are original buyers and have learned to live with the drainage as it is. This resident also expressed concerns regarding the landscape encroachment of Lot Sof the 2'd Addition. • A resident stated that the drainage easement provided substandard drainage and asked Russ if it should be improved: Russ stated that the grading within the easement could be better. It could be regraded to drain if it was completely redone, but it would still be a minimal grade. • A resident stated that there was a swamp prior to development indicating the area was and is saturated with water: Russ responded that he was unaware of the predevelopment topography of the site. He continued with a discussion of French drains and how to remove surface and groundwater from a drainage area. • A resident in response to a statement regarding the possibility of children drowning in the ponded water and associated liabilities stated that children can drown in 3 inches of water and any drainage problems should have been handled during warranty periods. • A property owner responded that the year they built there was a drought and by the time the significant rain events occurred, the warranty was over. Additionally, the yard was regraded several times at the request of the builder and owner. • Property owner suggested that he grade his yard to drain sending the problem down stream as a possibility, but not likely that he would do that to his neighbors. • If improvements were constructed, would there be a cost for those who did not want the improvement: As per the assessment policy, the properties within the drainage area have responsibility for the project costs through assessments. However, it is difficult to receive support for a project and assess those who don 't have an interest in the project. • Costs are a significant concern to those who don't consider the drainage or lack of drainage to be a problem. • Were the curbs put in too low since back yards are lower then the curbs? To what extent is it a City Problem? Can the City participate: The City reviews plans and specs and provides inspection of the public improvements. The homebuilders set the basement elevations for the houses. The house elevations should correspond to the approved grading plan. A 2% grade is desirable for proper drainage . • The City has a 10-foot easement. Why does it allow improvements within that area? Can the City remove the obstructions within the easements: The City does have a 10 foot drainage easement, but it chooses to passively enforce the restriction of obstructions being placed within easements due to public relations. In this case, the City could have the obstructions within Lot 3 of the 2n"Addition removed. • Does the developer have any responsibility regarding this issue: The developer did the grading back in 1987 and it's difficult to go back that far and expect him to return. The Citv no longer has any financial security to require the developer to address the issue. / If 2 • Is the problem just in the 2'd Addition or also the 1"9 Why should lots without the problem be assessed: The drainage area is the controlling factor in accordance with the assessment policy. • Resident stated that the potential assessments are unnerving. • A resident asked that if just the proposed west line was constructed, would the improvements be extended to Lot 3 since it is a big part of the problem: The proposed improvement can vary. A resident followed up with a comment that the drainage problem would not be corrected if the east line were removed. • Since storm sewer is underground and lower than the curb, is there any storm sewer closer that could be used. No, we are proposing to tie into the closest storm sewer(indicated on Figure S). • Russ asked if the residents would allow improvements to be constructed if there was no cost to uninterested parties and sign a right of entry. Most residents were receptive of the installation, but would want to see a written proposal before formally agreeing. • A resident asked why couldn't the City do the $4000.00 fix that was once privately proposed: The City has certain overhead costs including design, inspection, bond interest and others. In addition, the City has to insure it can maintain the line; that would include more expensive pipe, manholes, and additional easement acquisition. • Russ stated that it would be difficult to move forward with only 10% of the residents in favor of the project. But it is a decision up to the City Council. The City could move forward with the project but it may not be the most feasible solution. • The residents decided to try one more time to do the drainage improvements privately. City staff offered to assist the residents in coordinating their efforts. The meeting adjourned at 8:30 P.M. Attachments: Sign-in Sheet Location Map of Attendees G TECHS/CK.NUDSEN/GrccnsboroNHMtg Minutes INFORMATIONAL MEETING PROJECT 726 GREENSBORO ADDITION MONDAY, JANUARY 26, 1998, 6:30 P.M. NAME ADDRESS 2. 3. 4.9. 7. v 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. KFORMS/Sign-In/jj �O LKJ Cj 8o' CIP. . . . . . . . . . . . ee . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . F5] . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "EAST LINE" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I . . . ­ * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DRAINAGE AREA ' ' ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BOUNDARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % . . . . . . . L . . . . ...HUNTER ........ . . . . . . . f . . . . . . LN. . . . . . . . .• . . .. . . . .V— . . . . . . . . .; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N o Ln 0 fA . . . . . . . . PROPOSED "WEST LINE" . . . . . . . . . . [3] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cn ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .%% El cn . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . V) �. . . . . .. . . . . . . . . . . . . . . . V) 0:) r4 0 . . . . . . . . . . . . . . . . . . . cy . . . . . . . . . . . 0 . . . . . . . . . . . . . m . . . . . . . . . . . . NEIGHBORHOO TING PARTICIPANTS LOTS PROPOSED GREENSBORO DR. TO BE ASSESSED GREENS ORO ADD.— STORM SEWER 1-26-98 <2�5 PROJECT 726 — PROPOSED ASSESSED LOTS F 5 CITY OF EAGAN NEIGHBORHOOD MEETING ATTENDANCE city of czagan THOMAS ELAN Vcycr PATRICIA AWADA BEA BLOMQUIST SANDRA A MASIN February 20, 1998 THEODORE WACHTER Counc'J Nle-cers THOMAS HEDGES City 4--mir.isrrctcr Mr. Stephen Dowling 3728 Greensboro Drive E VAN ovERBEKE C,ry C'eru Eagan MN 55123 RE: LOT 3, BLOCK 4, GREENSBORO 2ND ADDITION — ENCROACHMENT INTO THE DRAINAGE AND UTILITY EASEMENT Dear Mr. Dowling, The City of Eagan regulates the placement of obstructions within public easements and right-of- way. This is intended to protect and promote the safety and general welfare of property owners and the general public within the City. Please be on notice that your property located at 3728 Greensboro Lane has been found to be in violation due to the placement of obstructions within a public easement. Your property is in violation because shrubs and landscaping are impeding the flowage of overland drainage within the 5-foot wide drainage and utility easement at the rear of your lot. Removal of the shrubs and regrading of the landscaped area by the property owner is required. Should the work specified in this notice not be completed within 30 days of the date of this notice, the City will assume and perform the work and invoice you for the cost. Any unpaid charges will be assessed to your property. Removal and replacement of any other objects, such as the split- rail fence, found within the easement is not the responsibility of the City of Eagan. The City shall not be required to assume any responsibility for any damage that occurs to objects within the easement. Please contact me with any questions regarding this notice. My direct telephone number is 681- 4637. Thank you for your cooperation. Sincerely, Russ Matthys City Engineer cc: Mayor& City Council c/o Thomas Hedges, City Administrator Thomas Colbert, Public Works Director MUNICIPAL CENTER THE LOtIE FK TPEE MAINTENANCE FACILITY C^ '', r, 'r,� 'HE ��rti»���.c,F ,TR���GTH ariD �2.�nirH IN ��ui. 1 -Ic ._ r Ii n il �pprrtUnit .firrc. ti i Ar tigG F_rr �,Ir>y�r _ Agenda Information Memo March 2, 1998 C. PROJECT 727,DONNYWOOD ADDITION ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 727 (Donnywood Addition and High Site Drive — Street Improvements) and, if approved, authorize the preparation of detailed plans and specifications. FACTS • The streets proposed to be improved within the Donnywood Neighborhood, including High Site Drive, were constructed in 1971 and 1974 and provide access to 71 single-family lot equivalents and 4 apartment buildings. • The resurfacing of the streets within the Donnywood Addition is programmed for 1998 in the current 5-Year CIP (1998-2002) and has been part of the City's Capital Improvement Program since 1992. • On December 3, 1997, the City Council authorized staff to prepare a feasibility report addressing the scope, cost, schedule and financing of street rehabilitation improvements within the neighborhood. • On February 3, 1998, the feasibility report for Project 727 was presented to the City Council and a Public Hearing was scheduled for March 2 to formally present and discuss the report with the neighborhood. • An informational meeting was held on February 23 at 6:30 p.m. at City Hall. Of the parcels proposed to be assessed, 9 owners representing 77 properties (about 12% of total notified) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report,pages through • Project Information Summary,page • Minutes From Informational Neighborhood Meeting,pages 124 through j/ City of Eagan Report for Donnywood Addition High Site Drive Street Improvements City Project No. 727 Eagan, Minnesota February, 1998 8� city of �a3an THOMAS EGAN February 3, 1998 Mayor PATRICIA AWADA BEA BLOMQUIST Honorable Mayor and City Council SANDRA A. MASIN Cit of Eagan THEODORE WACHTER City g Council Members 3830 Pilot Knob Road Eagan, MN 55122 THOMAS HEDGES g city Adminlstrcror ood Addition High Site Drive Street Improvements Report E.J. VAN OVERBEKE RE: Donn yw g P P City clerk City Project No. 727 Dear Mayor and City Council: Attached is our report for the Donnywood Addition, High Site Drive Street Improvements, City Project No. 727. The report presents and discusses the proposed improvements and includes a cost estimate and preliminary assessment roll. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, -F ohn P. Gorder Development/Design Engineer 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. J n P. Gorder Date: 2 Reg. No. 22813 Reviewed By. �� GL �i `� 2- 4 —q8 Dept. of Public orks Date Reviewed By: ? s' bl)"Lm" Fin ce Dept. Date MAINTENANCE FACILITY MUNICIPAL CENTER THE LONE 0,4K TREE 3501 COACHMAN PONT 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY5E�22 EAGAN.MINNESOTA 55122-1897 EAGAN,MINNESOTA PHONE (612)681-4600 PHONE(612)681-43C0 FAX (612)681-46 i 2 Equal OpportunityA ative Action Employer FAX (612)681-4360 iDC) (612)454-8535 TDD (612)454-8535 TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .............................................................................. 1 Scope ........................................................................................ 2 Feasibility and Recommendations .................................................... 2 StreetEvaluation ......................................................................... 3 ProposedImprovements ................................................................ 3 Easements/Permits ....................................................................... 4 CostEstimate .............................................................................. 4 StreetResurfacing .................................................................. 4 Assessments ............................................................................... 5 StreetResurfacing ................................................................. 5 LowDensity Residential Lots..................................................... 5 HighDensity Residential......................................................... 6 Parks................................................................................. 6 Assessment Financing Options ........................................................ 7 RevenueSource ........................................................................... 7 ProjectSchedule .......................................................................... 8 OLS LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Preparatory Maintenance Areas - 3 Street Improvement/Assessment Area Map - 4 Typical Section — Mill and Overlay February 1998 Street Improvement Report Donnywood Addition & High Site Drive Eagan, Minnesota Introduction As a part of Eagan's Pavement Maintenance Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation was developed from this information. The streets in the Donnywood Addition and High Site Drive have been identified for street resurfacing improvements in 1998. Figure 1, located in the back of this report, illustrates the project location. High Site Drive was constructed to a width of 32 feet (between the face of curbs) by the City as part of the Effress Addition in 1971. The Donnywood Addition streets were constructed in 1974 by the developer, also to a width of 32 feet. Based on the data and engineering strategies available at this time, the City's current Pavement Maintenance Program incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying the streets in these developments, which are presently at that 20+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. F91 Each of the streets in this project have been rated several times since 1989 and the field data gathered indicates what maintenance strategies are appropriate. Timely maintenance work, such as bituminous milling and patching, crack sealing and seal coating have occurred at appropriate intervals during the life of these pavements. The City of Eagan's maintenance records indicate that these streets were seal coated in 1980 and 1988. The Public Works' maintenance program typically includes extensive patching and crack sealing during the summer prior to the seal coat. During the 1996 construction season, the Public Works crews, as a part of Preparatory Pavement Maintenance Plan, removed and replaced severely disturbed pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration. The portions of the streets which were repaired prior to this project are shown on Figure 2. This maintenance work has extended the life cycle of the pavement and allowed these streets to remain in the resurfacing category and not degenerate into the reconstruction category. Scope This project provides for resurfacing (edge mill and overlay) approximately 1.1 miles of streets in Donnywood Addition and High Site Drive. Figure 3 illustrates the project area. Also included is the replacement of damaged curb and gutter, and sanitary/storm sewer manhole casting adjustment and replacement. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase rideability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than totally reconstructing these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of streets. 2 This project is in accordance with the Five Year Capital Improvement Plan (1998 — 2002) for the City of Eagan and the schedule as outlined in the Pavement Maintenance Program. It is recommended that the project be combined with the Evergreen Park/Carlson Acres Additions Street Overlay project (Project 728), if so approved by the Council, as one contract. Street Evaluation The City of Eagan Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories which define PCI rankings are as follows: PCI Recommended Improvement 56- 100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0-35 Reconstruct The 1997 PCI ranking for the streets discussed in this report have a weighted average pavement condition rating of 39 and fall within the rankings of the "Patch/Repair and/or Overlay" category (resurfacing). Proposed Improvements The proposed street improvements are shown on Figure 4. The existing bituminous surface will be milled adjacent to the existing curb and gutter to accommodate a 1'/z-inch bituminous overlay. This overlay, combined with the existing street section, will provide a street section consistent with engineering standards for a local residential street, thereby strengthening the street section to provide additional years of service. Patching and leveling as needed will be done prior to the overlay. Damaged curb and gutter will be replaced if severely cracked, spalled or settled. It is estimated that approximately 12 percent of the existing concrete curb and gutter will have to be replaced. The combination of crack sealing & repair, patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Routine maintenance will still need to continue under the City's Pavement Management Program. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. ?e1 3 Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 1998 construction costs and include a 10 percent contingency and indirect costs of 30 percent, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Street Resurfacing ♦ Edge Mill and Overlay..................................... $ 91,950 ♦ Repair Existing Concrete Curb & Gutter............ $ 40,900 ♦ Storm Sewer Improvements........................... $ 3,150 ♦ Sanitary Sewer Improvements........................ $ 365 Total..........................$136,365 / 4 Assessments Assessments are proposed to be levied against the benefitted property in accordance with the City of Eagan Assessment Policy. A preliminary assessment roll is included in Appendix B. Preliminary appraisals in other similar residential neighborhoods for similar street improvements have shown that the increase in benefit to a property is at least equal to the amount of the proposed assessment. Street Resurfacing Residential* Assessed Ratio City Mill and Overlay 50% 50% Repair Existing Concrete 0% 100% Curb and Gutter Storm Sewer Improvements 0% 100% Sanitary Sewer Improvements 0% 100% *R-1,R-2,R-3 Zoned Areas,Neighborhood Parks High Density Residential * City Mill and Overlay 75% 25% Repair Existing Concrete 0% 100% Curb and Gutter Storm Sewer Improvements 0% 100% Sanitary Sewer Improvements 0% 100% *R4 Multiple Residential All the properties shown on Figure 3 having frontage along the improved streets are proposed to be assessed. Low Density Residential The single-family residential equivalent properties within Donnywood Addition (71 total, including Moonshine Park) having driveway access onto the streets to be improved will be assessed on a per lot basis. 5 ,�e2 The unplatted residential property, parcel 010-57, will be assessed on a front-foot basis. This property is zoned R-3 (Residential Townhouse) and will be assessed at the same rate as the single-family properties, in accordance with the City's Assessment Policy. High Density Residential The high-density residential property along High Site Drive will be assessed on a front-foot basis. The following calculations were used to determine the assessment rates: 1. 2,855 ft. (Frontage of High Density Residential)x 100 = 25.18% 11,336(Total Project Frontage) [$91,950 (Mill and Overlay Cost)x 25.18%] =$23,153 x 75% _ $17,365 $17,365 (Total High Density Residential Assessment) _ $6.08 High Density Assmt. Rate 2,855 ft. (Frontage of High Density Res.) 2. 528 ft (Frontage of Unplatted R-3 Multi-Townhouse Property)x 100 =4.66% 11,336(Total Project Frontage) [$91,950 (Mill and Overlay Cost)x 4.66%] =$4,284 x 50% = $2,142 Total unplatted R-3 Property Assmt. $2,142 (Total unplatted R-3 Multi-Townhouse Property) 528 ft. (Frontage of R-3) _ $4.06 Unplatted R-3 Property Assmt. Rate 3. ($91,950 (Total Mill & Overlay Cost) - $23,153 (Total High Density Res./Cost) - $4,284 (Total Unplatted R-3 Property Cost) x 50% = $32,260 Total Residential Assessment $32,260(Total Residential Assessment) _ $455 Assessment/Lot 71 Residential Lots (including Moonshine Park) ,3 6 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest rate determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 7.5 percent interest rate for the assessed amounts: Residential Lot= $455 Principal Interest Cost Per Year Per Year Per Year First Year $91 $34 $125 Fifth Year $91 $7 $98 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $91,950 $51,760* ($40,190) Repair Existing Concrete $40,900 -$0- ($40,900) Storm Sewer Improvements $3,150 -$0- ($3,150) Sanitary Sewer Improvement 365 _$0 _ ($365) Total $136,365 $51,760 ($84,605) Note: Breakdown of Property Assessment • High Density Residential - $17,360 • Multi-Townhouse Property (Unplatted - $2,142 • Low Density Res./Neighborhood Parks - $32,260 The estimated project deficit of$84,605 will be financed by the City's Major Street and Utility Funds. 7 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing .......................................February 3, 1998 Public Hearing .................................................March 2, 1998 Approve Plans and Specifications .............................April 7, 1998 Award Contract ..................................................May 5, 1998 Project Completion .......................................September 1, 1998 Final Cost Report ............................................October 1, 1998 Final Assessment Hearing ........................... ...November 2, 1998 First Payment Due with Property Tax Statement ..............May 1999 ?-5-g Appendix A Preliminary Cost Estimate Donnywood Addition Street Overlay City Project No. 727 I. Bituminous Street Overlay Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $1,000 $1,000 Mill Bituminous Pavement S.Y. 7,650 0.75 $5,737.50 Saw Bituminous Pavement L.F. 300 $2.00 $600.00 1'/s T e 41 Wear Course Mix. Ton 1,725 $25.00 $43,125 Type 31 Leveling Course Mix Ton 50 $37.00 $1,850 Bituminous Material for Tack Coat Gal. 950 $1.75 $1,662.50 Adjust Valve Box Each 14 $125.00 $1,750 Replace Valve Box Each 1 $200.00 $200 Adjust Frame & Ring Casting .H. Each 35 $165.00 $5,775 Adjust Frame & Ring Casting C.B. Each 16 $100.00 $1,600 Traffic Control L.S. 1 $1000.00 $1,000 Subtotal $64,300 + 10% Contin encies 6,430 Subtotal $70,730 + 30% Indirect Costs $21,220 Total $91,950 H. Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty. Price Cost Remove Concrete Curb and Gutter L.F. 1,600 $3.00 $4,800 D412 Concrete Curb and Gutter L.F. 1,600 $13.00 $20,800 Sod w/4" Topsoil S.Y. 500 6.00 3,000 Subtotal $28,600 + 10% Contingencies $2,860.00 Subtotal $31,460 + 30% Indirect Costs $8,440 Total $40,900 III. Storm Sewer Improvements Est. Unit Est. Item Unit Qty- Price Cost Salvage Casting Each 8 $75 $600 Casting Assembly (Replace-R-3067-V) Each 8 $200 $1,600 Subtotal $2,200 + 10% Contingencies $220 Subtotal $2,420 + 30% Indirect Costs $730 Total X3,150 IV. Sanitary Sewer Improvements Est. Unit Est. Item Unit QtY. Price Cost. Salvage Casting NM Each 1 $75 $75 Casting Assembly (Replace-R-1642-B) Each 1 $180 $180 Subtotal $255 + 10% Contingencies $26 Subtotal $281 + 30% Indirect Costs $84 Total $365 Total Project Cost $136,365 Appendix B Preliminary Assessment Roll Donnywood Addition/High Site Drive Street Overlay Project City Project No. 727 No. Lot Unit Address P.I.N. --T uivalents Assessment 7 otal Residential Parcel 010-50 - Section 10 10-01000-010-50 2 $455 $910 Parcel 040-32 3180 Pilot Knob Rd. 10-01000-040-32 1 $455 $455 Parcel 050-32 1385 Jurdy Rd. 10-01000-050-32 1 $455 $455 Donnywood Addition Block 1 Lot 6 3139 Quarry Ct. 10-20960-060-01 1 $455 $455 Lot 7 3147 Quarry Ct. 10-20960-070-01 1 Lot 8 3159 Quarry Ct. 10-20960-080-01 1 Lot 9 3169 Quarry Ct. 10-20960-090-01 1 Lot 10 13 5 5 Jurdy Rd. 10-20960-100-01 1 Lot 11 3180 Jurdy Ct. N. 10-20960-110-01 1 Lot 12 3170 Jurdy Ct. N. 10-20960-120-01 1 Lot 13 3164 Jurdy Ct. N. 10-20960-130-01 1 Lot 14 3160 Jurdy Ct. N. 10-20960-140-01 1 Lot 15 3154 Jurdy Ct. N.. 10-20960-150-01 1 Lot 16 3148 Jurdy Ct. N. 10-20960-160-01 1 Lot 17 3147 Jurdy Ct. N. 10-20960-170-01 1 Lot 18 3153 Jurdy Ct. N. 10-20960-180-01 1 Lot 19 3159 Jurdy Ct. N. 10-20960-190-01 1 Lot 20 3165 Jurdy Ct. N. 10-20960-200-01 1 Lot 21 3171 Jurdy Ct. N. 10-20960-210-01 1 Lot 22 3177 Jurdy Ct. N. 10-20960-220-01 1 Lot 23 1363 Jurdy Rd. 10-20960-230-01 1 Lot 24 1379 Jurdy Rd. 10-20960-240-01 1 $455 $455 Block 2 Lot 1 3148 Quarry Ct. 10-20960-010-02 1 $455 $455 Lot 2 3140 Quarry Ct. 10-20960-020-02 1 Lot 3 3138 Quarry Ct. 10-20960-030-02 1 Lot 4 3137 Quarry Ct 10-20960-040-02 1 $455 $455 No. Lot Unit Total Address P.I.N. Equivalents Assessment Assessment Block 3 Lot 1 1321 Jurdy Rd. 10-20960-010-03 1 $455 $455 Lot 2 1325 Jurdy Rd. 10-20960-020-03 1 Lot 3 1329 Jurdy Rd. 10-20960-030-03 1 Lot 4 1333 Jurdy Rd. 10-20960-040-03 1 Lot 5 1337 Jurdy Rd. 10-20960-050-03 1 Lot 6 1341 Jurdy Rd. 10-20960-060-03 1 Lot 7 1343 Jurdy Rd. 10-20960-070-03 1 Lot 8 3170 Quarry Ct. 10-20960-080-03 1 Lot 9 3158 Quarry Ct. 10-20960-090-03 1 $455 $455 Block 4 Lot 1 1314 Jurdy Rd. 10-20960-010-04 1 $455 $455 Lot 2 1318 Jurdy Rd. 10-20960-020-04 1 Lot 3 3202 Marice Ct. 10-20960-030-04 1 Lot 4 3206 Marice Ct. 10-20960-040-04 1 Lot 5 3210 Marice Ct. 10-20960-050-04 1 Lot 6 3209 Marice Ct. 10-20960-060-04 1 Lot 7 3207 Marice Ct. 10-20960-070-04 1 Lot 8 3205 Marice Ct. 10-20960-080-08 1 Lot 9 1326 Jurdy Rd. 10-20960-090-04 1 Lot 10 1332 Jurdy Rd. 10-20960-100-04 1 Lot 11 1336 Jurdy Rd. 10-20960-110-04 1 Lot 12 1340 Jurdy Rd. 10-20960-120-04 1 Lot 13 1344 Jurdy Rd. 10-20960-130-04 1 Lot 14 1352 Jurdy Rd. 10-20960-140-04 1 Lot 15 3196 Jurdy Ct. S. 10-20960-150-04 1 Lot 16 3198 Jurdy Ct. S. 10-20960-160-04 1 Lot 17 3200 Jurdy Ct. S. 10-20960-170-04 1 Lot 18 3202 Jurdy Ct. S. 10-20960-180-04 1 Lot 19 3206 Jurdy Ct. S. 10-20960-190-04 1 Lot 20 3208 Jurdy Ct. S. 10-20960-200-04 1 Lot 21 3210 Jurdy Ct. S. 10-20960-210-04 1 Lot 22 3211 Jurdy Ct. S. 10-20960-221-04 1 Lot 23 3209 Jurdy Ct. S. 10-20960-230-04 1 Lot 24 3207 Jurdy Ct. S. 10-20960-240-04 1 Lot 25 3205 Jurdy Ct. S. 10-20960-250-04 1 Lot 26 3201 Jurdy Ct. S. 10-20960-260-04 1 Lot 27 1360 Jurdy Rd. 10-20960-270-04 1 Lot 28 1364 Jurdy Rd. 10-20960-280-04 1 Lot 29 1368 Jurdy Rd. 10-20960-290-04 1 Lot 30 1370 Jurdy Rd. 10-20960-300-04 1 Lot 31 1372 Jurdy Rd. 10-20960-310-04 1 Lot 32 1374 Jurdy Rd. 10-20960-320-04 1 Lot 33 1376 Jurdy Rd. 10-20960-330-04 1 Lot 34 1380 Jurdy Rd. 10-20960-340-04 1 Moonshine Park — Outlot F 10-20960-060-00/ IF 10-01000-041-31 1 $455 $455 Totals 71 $32,260 Front Rate/ Total Address P.I.N. Footage F.F. Assessment High Density Residential City Park Effress Addition Block 1 Lot 2 1375 & 1385 fE h Site Dr. 10-23100-021-01 652 $6.08 $3,965 1355 High Site Dr. 10-23100-022-01 339 $6.08 $2,060 1345 High Site Dr. 10-23100-023-01 534 $6.08 $2,060 Block 2 Lot 1 10-23100-010-02 693 $6.08 $3,920 1368 High Site Dr. 10-23100-011-02 550 $3,340 Lot 2 10-23100-020-02 87 $530 Subtotals 2,855 $17,360 Un tatted—Low Density Residential rove Zoned R-3 Townhouse Res. Front Rate/ Total Address P.I.N. Footage F.F. Assessment Parcel 0 10-5 7 NA - Section 10 10-01000-010-57 528 $4.06 $2,142 Subtotal 528 $2,142 Total Assessments $51,760 GTEASIBILITYREPORTS 1998/DonnywoodAddition �Od Q INTERSTATE 494 ------------------ SCALE 1'= 2000' tiO� s JAN. 21 , 1998 O s 4- LONE LONE OAK ROAD QD o PROJECT LOCATION Li 0 m Z O gena W Y g J wa�CF a YANKEE DOODLE ROAD c on a� Q � o0 OCl 00 e "HgwK o WESCOTT ROAD CgKp • � ��' I I I n cirr HALL H:PROJECTS/727DONNYWD/DONNYLOC V DONNYW00 ION / HIGH SITE DRIVE Figure t CITY PROJECT 727 =�., City of Eagan LOCATION MAP Ci o Eagan � f Donnywood Addiction 1997 IQ ---IRR N - Cut and Remove(sub-cut) t � � 9124 Sq Ft 1014 Sq Yds 1260 Sq.ft. i Maintenance Overlays 17627 Sq Ft 1958 Sq Yds 480 sq.ft. C ----L� ----- ---- 1320 Y ------ QUARRY CT sq•ft ' --- - � 3520s r WARICEQ' T C) I �j L1680 sq.ft. \ �� 1968 sq ft 1920 sq.ft. � 4320 sq.ft. r _ I J U R r ct I i 4344 sq.ft. - --- HIG-H$-I,-TE --a R -------- I � 2171 s .ft. 7288 sq.ft. \,-- - -- 2560 s .ft. -- - -- '480 sq•ft� Cut Removal & Replace (Subcut) N " Prep" Maintenance Repairs Maintenance Overlay Figure 2 - Power Ray Heats City of FaMn i /D� QUARRY LANE 1 2 3 4 5 4 3 010-32 2 0 � 200 2 1 6 SCALE 1'= 200' 17 16 0 15 C 1 7 D 14 Z7 020-32 18 MpONSN�NE DONNYWO�p 9 7 PARK 19 13 8 6 9 OUTLOT F 20 24 12 10 5 3 030-32 21 G 11 �J� a 14 PARK 220{ ��9 3 ACCESS cr 15 13 12 11 2 040-32 050-32 24 23 16 ADDI TION10 1 4 1 27 (�O 17 18 9 q r1luY 'Eu all 28 8 19 cy-C3 34 G tl.P�~7 3 20 C3 010-50 26 2 Y 33 30 25 C T 21 6 4 u F- 32 31 24 23 22 S 1 C3 J (L • U') 00 023-01 "' 022-01 °'• U CORNER75 021-01 ADDIZION LOT CRED17 EF F KESS 339 F.F. HIGHSITE DRIVE 339 F.F. 550 F.F. 440 F.F. 010-02 - RESS ADDZ�ION ��� 011 02 EFF 5 O 1 're 87 F. 2 010-02 STREET OVERLAY AREA • • • • • • • • • • • • ASSESSMENT — FRONT FOOT BASIS 1-30-98 ASSESSMENT AREA — PER LOT H:PROJECTS/727DNYWD DONNYWOOD ADDITION/ HIGH SITE DRIVE Figure STREET OVERLAY — PROJECT 727 3 Citygan STREET OVERLAY / ASSESSMENT AREA 60' ROW 32' TYPICAL L_ EXIST. D412 3"- 4" EXIST. BITUMINOUS CURB & GUTTER EXIST. GRAVEL BASE (VARIABLE) EXIST. TYPICAL SECTION 60' ROW 32' TYPICAL EDGE MILL (TYP.) 1 1/2" BITUMINOUS OVERLAY REMOVE & REPLACE EXIST. 3" - 4" EXIST. BITUMINOUS D412 CURB & GUTTER EXIST. GRAVEL BASE (VARIABLE) AS NECESSARY PROPOSED TYPICAL SECTION H:PROJECTS/727DONNY D DONNYWOOD ADDITION / HIGH SITE DRIVE Figure STREET OVERLAY PROJECT 727 4 City of Eagan TYPICAL SECTION DONNYWOOD ADDITION & HIGH SITE DRIVE PROPOSED STREET IMPROVEMENTS PROJECT 727 Preliminary Proiect Schedule • 1992 City Council Adopts 5 Year Capital Improvement Program • December 3, `97 City Council Authorizes Feasibility Report • February 3, `98 Present Feasibility Report to City Council/Order Public Hearing • March 2, '98 Public Hearing— Council Orders Plans& Specs or Denies Project • April, `98 Approve Plans & Specifications • May, `98 Award Contract • June, `98 Construction Begins • September 1, '98 Construction Completed • October, '98 Final Cost Report • November, '98 Final Assessment Public Hearing • May 15, 1999 1"Installment Payment Due With Real Estate Property Taxes Preliminary Costs—Feasibility Report • $ 91,950 Bituminous Mill and Overlay • $ 40,900 Repair Existing Concrete Curb & Gutter • $ 3,150 Storm Sewer Improvements • $ 365 Sanitary Sewer Improvements • $136,365 Proposed Total Project Cost • $ 51,760 (38%) Proposed Assessed to Property Owners • $ 84,605 (62%) Proposed Financed by the City of Eagan Proposed Special Assessments • Proposed Assessment: $455 per lot • Prepayment option with no interest available for 30 days after Assessment Hearing • Any unpaid balance is certified to county to be collected with property taxes over 5 years • Interest rate is calculated on any remaining unpaid balance at the end of each year • Assuming no prepayment, annual cost: (Assumed 7.5% Interest) • $128 per year 1st year $10.66 per month I" year • $ 98 per year 5t' year $ 8.15 per month 5t' year CITY PROJECT NO 727 DONNYWOOD ADDITION HIGH SITE DRIVE PROPOSED STREET OVERLAY INFORMATIONAL NEIGHBORHOOD MEETING THURSDAY, FEBRUARY 23, 1998 6:30 P.M. COMMUNITY ROOM MINUTES Attendance: Russ Matthys & Stan Lexvold, City of Eagan; approximately 8 people representing 7 properties (see attached sign-in sheet) A. Welcome and Introduction • City Engineer Matthys welcomed the residents and introduced staff personnel. B. Pavement Maintenance Program • City Engineer Matthys reviewed the Pavement Maintenance Program (PMP) and Capital Improvement Program (CIP). - How the PMP can extend the life of a typical street. - Maintenance schedule involved in PMP. - CIP C. Street Overlay Summary • City Engineer Matthys reviewed project details. Number of assessable lots, cost estimates, proposed assessments, schedule & construction details D. Questions/Comments 1. Are semi's permitted to park on the residential streets? City Code Book — SEC. 9.10— it is unlawful to park a semi-trailer, truck tractor, or a combination thereof within an area zoned as a residential district, except for the purpose of loading or unloading the same. 2. Why do we need 6 or 7 garbage haulers coming into our area for pick-ups? The residents should get together and get bids from one company—the cost may be less & also less truck traffic. 3. Resident of Parcel 040-32 - is my neighbor going to be assessed for parcel 030-32? No, their access is from Pilot Knob Road. 4. Do the apartment units pay more? Yes, high density residential would pay 75% of the mill and bituminous overlay as compared to residential property who would be assessed at 50% of the mill and bituminous overlay cost. 5. Do they bill you for the assessments? The residents will receive a notice for the final assessment hearing stating the dollar amount. You can pay off a partial or total dollar amount, interest free, 30 days from the time of the assessment hearing. Also, the terms will be stated in the hearing notice. /V v Pagel of 2 6. How much fluctuation might there be in the cost? The Donnywood area project is very routine; estimated costs plus 10% have been used to determine the proposed assessment amount. If the project cost ends up to be higher by 10% or more, a new public hearing would be needed. 7. Is the curb & gutter repair a pick & choose on the City's part? City staff will mark all curb for removal. If a resident has a concern about additional curb sections or driveway sections, call the City Engineering Department to set a time to meet on site. 8. What is going to be done with the sanitary sewer? Manhole castings will be adjusted with new concrete adjustment rings to the new grade. 9. How does the curb adhere to the new blacktop? A bituminous tack coat is used along the edges for bonding. The tack coat is an emulsified asphalt and also used on the bituminous surface to bond the old mat to the new bituminous overlay. 10. How long do you think the project will take for construction? Approximately 4— 6 weeks for completion. 11. What kind of things do we have to be aware of at the time of construction? Contractors are responsible for notifying residents for curb removal. The residents themselves are responsible for any lawn irrigation systems. City staff will notify the residents through a flyer in the mail box when the construction will begin and all pertinent information such as contractor's name and phone numbers, staff personnel with phone numbers. 12. On my corner lot, will I get assessed twice? No, the assessment will be on a per lot basis. 13. Are there any other lots other than Donnywood included in this project? Yes, Parcel No. 's 040-32, 050-32, 010-50, 010-57 and the multi family units along High Site Drive. 14. Should I hold off if I want to replace my driveway? You may want to, especially if there would be any curb removal through the driveway area, otherwise a bituminous patch would be necessary. 15. When might the bridge be constructed over 35E to link Denmark Avenue to Pilot Knob Road? Approximately 5— 15 years. 16. Would staff check out the trail on the east side of Pilot Knob Road and between High Site Drive and Marice Drive — Extremely rough condition? Staff will check on it. SL/cb Attachments: . Sign-in Sheet G,1J/JG/MISGProj.727-Minutes A) Page 2 of 2 INFORMATIONAL MEETING PROJECT 727 DONNYWOOD ADDITION MONDAY, FEBRUARY 23, 1998, 6:30 P.M. NAME ADDRESS 6e, 2. 3. ck- (�)Lj�q �t 4. 5. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. H:FORMS/Sign-ln/j D Agenda Information Memo March 2, 1998 D. PROJECT 728,EVERGREEN PARK ADDITION ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 728 (Evergreen Park Addition and Carlson Acres— Street Improvements) and, if approved, authorize the preparation of detailed plans and specifications. FACTS • The streets proposed to be improved within the Evergreen Park Neighborhood, including Carlson Acres, were constructed in 1969 and provide access to 105 single-family lot equivalents. • The resurfacing of the streets within the Evergreen Park Addition is programmed for 1998 in the current 5-Year CIP (1998-2002) and has been part of the City's Capital Improvement Program since 1992. • On December 3, 1997, the City Council authorized staff to prepare a feasibility report to address the scope, cost, scheduling and financing of the programmed rehabilitation of the streets within the neighborhood. • On February 3, 1998, the feasibility report for Project 728 was presented to the City Council and a Public Hearing was scheduled for March 2 to formally present and discuss the report with the neighborhood. • An informational meeting was held on February 19 at 6:30 p.m. at City Hall. Of the parcels proposed to be assessed, 23 owners representing 20 properties (about 20% of total notified) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report,pages,Jo through�. • Project Information Summary,page IM . • Minutes From Informational Neighborhood Meeting,pages 1-3/ through. O City of Eagan Report for Evergreen Park Addition Carlson Acres Street Improvements City Project No. 728 Eagan, Minnesota February 1998 //U city of eogon THOMAS EGAN February 3, 1998 M°v°r PATRICIA AWADA BEA BLOMQUIST Honorable Mayor and City Council SANDRA A, MASIN City of Eagan THEODORE WACHTER 3830 Pilot Knob Road Council Members Eagan, MN 55122 THOMAS HEDGES City Administ,otor RE: Evergreen Park Carlson Acres Additions Street Improvements Report E.J. VAN OVERBEKE g � P P Ci``✓Clerk City Project No. 728 Dear Mayor and City Council: Attached is our report for Evergreen Park, Carlson Acres Additions Street Improvements, City Project No. 728. The report presents and discusses the proposed improvements and includes a cost estimate and preliminary assessment roll. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. QSincerely, /A h.'P. Corder Development/Design Engineer 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. n 4 hn P. Gorder Date: 2--1'S Reg. No. 22813 Reviewed By: 2' 4 Dept. of Public Works Date Reviewed By: S ql VFice Dept. Date MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN?C;N? EAGAN. MINNESOTA 55122-1897 EAGAN,MINNESCTA S51 PHONE (6 2)681-4600 PHONE (612), --4CC FAX (612)681-4612 Equal Opportunity/A it ✓e Action Employer SAX (t)2)68143-,C TDD (t 12)454-8535 TDD (612)454-8535 TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .............................................................................. 1 Scope ........................................................................................ 2 Feasibilityand Recommendations .................................................... 2 StreetEvaluation ......................................................................... 3 ProposedImprovements ................................................................ 3 Easements/Permits ....................................................................... 4 CostEstimate .............................................................................. 4 StreetResurfacing .................................................................. 4 Assessments ................................................................................ 5 StreetResurfacing .................................................................. 5 ResidentialLots ..................................................................... 5 AssessmentFinancing Options ....................................................... 6 RevenueSource ............................................................................ 6 ProjectSchedule ........................................................................... 7 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Preparatory Maintenance Areas - 3 Street Improvement/Assessment Area Map - 4 Typical Section — Mill and Overlay 113 February 1998 Street Improvement Report Evergreen Park, Carlson Acres Additions Eagan, Minnesota Introduction As a part of Eagan's Pavement Maintenance Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation was developed from this information. The streets in the Evergreen Park/Carlson Acres Additions have been identified for street resurfacing improvements in 1998. Figure 1, located in the back of this report, illustrates the project location. The Evergreen Park Addition development was platted in 1969 and some of its streets (Sigfrid, Balsam, and Walfrid) provide access for a number of lots within the Carlson Acres Addition, some of which have subdivided since Carlson Acres was platted in 1953. Pilot Knob Road provides street access for the remainder of the lots within Carlson Acres. The Evergreen Park Addition streets were constructed in 1969 by the developer to a width of 32 feet (between the face of curbs). //l� Based on the data and engineering strategies available at this time, the City's current Pavement Maintenance Program incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying the streets in these developments, which are presently at that 20+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Each of the streets in this project has been rated several times since 1989 and the field data gathered indicates what maintenance strategies are appropriate. Timely maintenance work, such as bituminous milling and patching, crack sealing and seal coating have occurred at appropriate intervals during the life of these pavements. The City of Eagan's maintenance records indicate that these streets were seal coated in 1976 and 1984. The Public Works' maintenance program typically includes extensive patching and crack sealing during the summer prior to the seal coat. The City of Eagan's maintenance records indicate that these streets were seal coated in 1976 and 1984. The Public Works' maintenance program typically includes extensive patching and crack sealing during the summer prior to the seal coat. This maintenance work has extended the life cycle of the pavement and allowed theses streets to remain in the resurfacing category and not degenerate into the reconstruction category. Scope P This project provides for resurfacing (edge mill and overlay) approximately 1.6 miles of streets in the Evergreen Park/Carlson Acres. Figure 3 illustrates the project area. Also included is the replacement of damaged curb and gutter, and sanitary/storm sewer manhole casting adjustment and replacement. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase rideability and add structural strength. /2 This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than totally reconstructing these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of streets. This project is in accordance with the Five Year Capital Improvement Plan (1998 — 2002) for the City of Eagan and the schedule as outlined in the Pavement Maintenance Program. It is recommended that the project be combined with the Donnywood/High Site Drive Street Overlay project (Project 727), if so approved by the City Council, as one contract. Street Evaluation The City of Eagan Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories which define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 Routine Maintenance/Crack Seal/Seal Coat 36- 55 Patch/Repair and/or Overlay 0- 35 Reconstruct The 1997 PCI ranking for the streets discussed in this report have a weighted average pavement condition rating of 47 and fall within the rankings of the "Patch/Repair and/or Overlay" category (resurfacing). 3 Proposed Improvements Test holes dug throughout the project area by City crews indicate the existing street section within the project area consists of 1'/2 to 3 inches of bituminous surfacing over a semi-granular subgrade with no aggregate base. The proposed street improvements are shown on Figure 4. The existing bituminous surface will be milled adjacent to the existing curb and gutter to accommodate a 1 '/i-inch bituminous overlay. This overlay, combined with the existing street section and the preparatory maintenance repairs, will provide a street section consistent with engineering standards for a local residential street, thereby strengthening the street section to provide additional years of service. Patching and leveling as needed will be done prior to the overlay. Damaged curb and gutter will be replaced if severely cracked, spalled or settled. It is estimated that approximately 10 percent of the existing concrete curb and gutter will have to be replaced. The proposed overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Routine maintenance will still need to continue under the City's Pavement Management Program. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying Pavement. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 1998 construction costs and include a 10 percent contingency and indirect costs of 30 percent, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Street Resurfacing • Edge Mill and Overlay.................................... $132,950 • Repair Existing Concrete Curb and Gutter......... ......$31,890 • Sanitary Sewer Improvements... .................. ...... $10,940 Total $175,780 4 I Assessments Assessments are proposed to be levied against the benefitted property in accordance with the City of Eagan Assessment Policy. A preliminary assessment roll is included in Appendix B. Preliminary appraisals in other similar residential neighborhoods for similar street improvements have shown that the increase in benefit to a property is at least equal to the amount of the proposed assessment. Street Resurfacing Residential Assessed Ratio City Mill and Overlay 50% 50% Repair Existing Concrete 0% 100% Curb and Gutter Sanitary Sewer Improvements 0% 100% Residential Lots All 105 residential equivalent properties (including the City's Evergreen Park property) as shown on Figure 3, having driveway access on the streets to be improved, are proposed to be assessed. The City's assessment policy states that 50 percent of the mill and overlay costs are assessable for low-density residential properties (R-1, 2, 3) and neighborhood parks and are based on a normal residential width street (32 feet). The estimated cost per residential lot to be assessed based on the City Assessment Policy is $627/lot ($132,950 x 50% _ 106). 5 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest rate determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 7.5 percent interest rate for the assessed amounts: Residential Lot= $635 Principal Interest Cost Per Year Per Year Per Year First Year $126 $47 $173 Fifth Year $126 $10 $136 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $132,950 $66,475 ($66,475) Repair Existing Concrete $ 31,890 $ - 0 - ($31,890) Sanitary Sewer Improvement 10,940 $ - 0 - ($10 940 Total $175,780 $66,475 ($109,305) The estimated project deficit of $109,305 will be financed by the City's Major Street and Utility Funds. 6 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing .................................... February 3, 1998 Public Hearing..................................................March 2, 1998 Approve Plans and Specifications .............................April 7, 1998 Award Contract .......................................... ...... May 5, 1998 Project Completion .......................................September 1, 1998 Final Cost Report ............................................October 1, 1998 Final Assessment Hearing ..............................November 2, 1998 First Payment Due with Property Tax Statement ..............May 1999 7 Appendix A Preliminary Cost Estimate Evergreen Park/Carlson Acres Street Overlay Project City Project No. 728 I. Bituminous Street Overlay Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $1,000 $1,000 Mill Bituminous Pavement S.Y. 11,000 $0.75 $8,250 Type 41 Wear Course Mix Ton 2,460 $25.00 $61,500 Type 31 Leveling Course Mix Ton 100 $37.00 $3,700 Bituminous Material for Tack Coat Gal. 1,325 $1.75 $2,320 Adjust Valve Box Each 16 $125.00 $2,000 Replace Valve Box Each 1 $200.00 $200 Concrete Valley Gutter S.Y. 35 $30.00 $1,050 Remove/Reconstruct Ex. CB MH/CB w/Cst . Each 4 $1,500 $6,000 Adjust Frame& Ring Casting .H. Each 30 $165.00 $4,950 Adjust Frame & Ring Casting C.B. Each 10 $100.00 $1,000 Traffic Control L.S. 1 $1000.00 $1,000 Subtotal $92,970 + 10% Contingencies 9,300 Subtotal $102,270 + 30% Indirect Costs $30,680 TOTAL $132,950 H. Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty. Price Cost Remove Concrete Curb and Gutter L.F. 1,100 $5.00 $5,500 D412 Concrete Curb and Gutter L.F. 1,100 $12.00 $13,200 Sod w/To soil S.Y. 400 $5.00 $2,000 Bituminous D/W Patch Mixture Ton 20 80.00 $1,600 Subtotal $22,300 + 10% Contingencies $2,230 Subtotal $24,530 + 30% Indirect Costs $7,360 Total $31,890 M. Sanitary Sewer Improvements Est. Unit Est. Item Unit Qty. Price Cost. Salvage Casting Each 30 $75.00 $2,250 Casting Assembly (Replace-R-1642-B) Each 30 $180.00 $5,400 Subtotal $7,650 + 10% Contingencies $765 Subtotal $8,415 + 30% Indirect Costs $2,525 Total $10,940'. Total Project Cost $175,780 Appendix B Preliminary Assessment Roll Evergreen Park/Carlson Acres Addition Street Overlay City Project No. 728 No. Lot Unit Address P.I.N. Equivalents Assessment Total Evergreen Park Addition Block 1 Lot 1 4244 Sequoia Dr. 10-24880-010-01 1 $627 $627 Lot 2 4236 Sequoia Dr. 10-24880-020-01 1 Lot 3 4222 Sequoia Dr. 10-24880-030-01 1 Lot 4 4223 Sequoia Dr. 10-24880-040-01 1 Lot 5 4233 Sequoia Dr. 10-24880-050-01 1 Lot 6 4243 Sequoia Dr. 10-24880-060-01 1 Lot 7 1437 Si frid St. 10-24880-070-01 1 Lot 8 4242 Lode ole Dr. 10-24880-080-01 1 Lot 9 4234 Lode ole Dr. 10-24880-090-01 1 Lot 10 4224 Lode ole Dr. 10-24880-100-01 1 Lot 11 4225 Lode ole Dr. 10-24880-110-01 1 Lot 12 4235 Lode le Dr. 10-24880-120-01 1 Lot 13 4241 Lode ole Dr. 10-24880-130-01 1 Lot 14 4249 Lode le Dr. 10-24880-140-01 1 Lot 15 4257 Lode ole Dr. 10-24880-150-01 1 Lot 16 4265 Lode ole Dr. 10-24880-160-01 1 Lot 17 4271 Lode ole Dr. 10-24880-170-01 1 Lot 18 4279 Lode ole Dr. 10-24880-180-01 1 Lot 19 4287 Lode le Dr. 10-24880-190-01 1 Lot 20 4295 Lode ole Dr. 10-24880-200-01 1 Lot 21 4303 Lode ole Dr. 10-24880-210-01 1 Lot 22 4309 Lode ole Dr. 10-24880-220-01 1 Lot 23 4317 Lode ole Dr. 10-24880-230-01 1 Lot 24 4325 Lode ole Dr. 10-24880-240-01 1 Lot 25 4333 Lode ole Dr. 10-24880-250-01 1 Lot 26 4341 Lode ole Dr. 10-24880-260-01 1 Lot 27 4347 Lode ole Dr. 10-24880-270-01 1 Lot 28 4355 Lode ole Dr. 10-24880-280-01 1 Outlot A Cit —Evergreen Park 10-24880-010-00 1 6 $627 $3,760 /�3 No. Lot Unit Address P.I.N. Equivalents Assessment Total Block 2 Lot 1 4296 Sequoia Dr. 10-24880-010-02 1 $627 $627 Lot 2 4288 Sequoia Dr. 10-24880-020-02 1 Lot 3 4280 Sequoia Dr. 10-24880-030-02 1 Lot 4 4272 Sequoia Dr. 10-24880-040-02 1 Lot 5 4266 Sequoia Dr. 10-24880-050-02 1 Lot 6 4258 Sequoia Dr. 10-24880-060-02 1 $627 $627 Block 3 Lot 1 4295 Sequoia Dr. 10-24880-010-03 1 Lot 2 4287 Sequoia Dr. 10-24880-020-03 1 Lot 3 4279 Sequoia Dr. 10-24880-030-03 1 Lot 4 4271 Sequoia Dr. 10-24880-040-03 1 Lot 5 4265 Sequoia Dr. 10-24880-050-03 1 Lot 6 4257 Sequoia St. 10-24880-060-03 1 Lot 7 1438 Si frid St. 10-24880-070-03 1 Lot 8 4256 Lode ole Dr. 10-24880-080-03 1 Lot 9 1449 Hemlock Circle 10-24880-090-03 1 Lot 10 1439 Hemlock Circle 10-24880-100-03 1 Lot 11 1440 Hemlock Circle 10-24880-110-03 1 Lot 12 4280 Lode ole Dr. 10-24880-120-03 1 Lot 13 1447 Balsam St. 10-24880-120-03 1 Lot 14 1443 Balsam St. 10-24880-140-03 1 Lot 15 1437 Balsam St. 10-24880-150-03 1 IF Block 4 Lot 1 1405 Walfrid St. 10-24880-010-04 1 Lot 2 1411 Walfrid St. 10-24880-020-04 1 Lot 3 1417 Walfrid St. 10-24880-030-04 1 Lot 4 4338 Sequoia Dr. 10-24880-040-04 1 Lot 5 4330 Sequoia Dr. 10-24880-050-04 1 Lot 6 4322 Sequoia Dr. 10-24880-060-04 1 Lot 7 4314 Sequoia Dr. 10-24880-070-04 1 Lot 8 1418 Balsam St. 10-24880-080-04 1 Lot 9 1412 Balsam St. 10-24880-090-04 1 Lot 10 1406 Balsam St. 10-24880-100-04 1 /0� No. Lot Unit Address P.I.N. Equivalents Assessment Total Block 5 Lot 1 4363 Sequoia Dr. 10-24880-010-05 1 Lot 2 4353 Sequoia Dr. 10-24880-020-05 1 Lot 3 4343 Sequoia Dr. 10-24880-030-05 1 Lot 4 4337 Sequoia Dr. 10-24880-040-05 1 Lot 5 4329 Sequoia Dr. 10-24880-050-05 1 Lot 6 4321 Sequoia Dr. 10-24880-060-05 1 Lot 7 4313 Sequoia Dr. 10-24880-070-05 1 Lot 8 4305 Sequoia Dr. 10-24880-080-05 1 Lot 9 1438 Balsam St. 10-24880-090-05 1 Lot 10 1444 Balsam St. 10-24880-100-05 1 Lot 11 1450 Balsam St. 10-24880-110-05 1 Lot 12 4322 Lode le Dr. 10-24880-120-05 1 Lot 13 1449 Ponderosa Circle 10-24880-130-05 1 Lot 14 1445 Ponderosa Circle 10-24880-140-05 1 Lot 15 1439 Ponderosa Circle 10-24880-150-05 1 Lot 16 1438 Ponderosa Circle 10-24880-160-05 1 Lot 17 1444 Ponderosa Circle 10-24880-170-05 1 Lot 18 1450 Ponderosa Circle 10-24880-180-05 1 Lot 19 4352 Lode ole Dr. 10-24880-190-05 1 Lot 20 4358 Lode le Dr. 10-24880-200-05 1 Lot 21 4362 Lode ole Dr. 10-24880-210-05 1 Lot 22 4366 Lode le Dr. 10-24880-220-05 1 IF Block 6 0 10-06 43 67 Lode ole Ct.. 10-24880-010-06 1 011-06 4365 Lode ole Ct. 10-24880-011-06 1 012-06 4363 Lode ole Ct. 10-24880-012-06 1 Lot 2 4373 Lode ole Dr. 10-24880-020-06 1 Lot 3 4383 Sequoia Dr. 10-24880-030-06 1 Lot 4 4393 Sequoia Dr. 10-24880-040-06 1 Lot 5 4394 Sequoia Dr. 10-24880-050-06 1 Lot 6 4382 Sequoia Dr. 10-24880-060-06 1 Lot 7 4312 Sequoia Dr. 10-24880-070-06 1 Lot 8 4366 Sequoia Dr..- 10-24880-080-06 1 Lot 9 4358 Sequoia Dr. 10-24880-090-06 1 Carlson Acres 130-001406 Walfrid St. 10-16400-130-00 1 131-00 1412 Walfrid St. 10-16400-131-00 1 090-00 1405 Balsam St. 10-16400-090-00 1 091-00 1411 Balsam St. 10-16400-091-00 1 IF IF- Lot 6 4235 Pilot Knob Rd. 10-16400-060-00 2 $1,250 $1,250 Lot 7 4255 Pilot Knob Rd. 10-16400-070-00 2 $1,250 $1,250 Total 106 $66,475 City Hall WESCOTT RD. C m �a YD oC C -� Q �-- a C Y U i PROJECT LOCATION DFnEy ROAD DIFFLEY ROAD U W O g srs o K W yy C- O & art 0-4 O 0 C- 7.. G D FT RGREENart. � I PARK m aD CLIFF ROODZZ 1 D o n APPLE VALLEY ROSEMOUNT Q D 2DDO JAN. 20,1998 / SCALE t' - 2000' H:PROJECTS/728/728LOC Evergreen -MYrk / Carlson Acres Additions Figure Street Overlay — Project 728 City of Eagan Location Map Ci of Eagan Evergreen Park Addiction 1996 --- ;_ - -- i - - 600 sq.ft. LSI FRIb, ; ---F4200 4 200 sq.ft Cut and Remove (sub-cut) `-� - 2330 Sq Ft 259 Sq YdsCn F-- -- — 3600 S .ft. Maintenance Overlays 10 48440 Sq Ft 5382 Sq Yds `' --� -- — -- Power Heats -- -' — — - 141 I. 11 720 sq.ft. _ 10200 s f 1960 S .ft. 50 s .ft.r�- '�' -- - - — 2400 sq.ft. _ - f - 80 480 sq.ft. r. 10 s .ft. 1 1800 s ft.� --- 720 sq.ft. AL 8520 sq.ft. - 5000 sq.ft. 7080sq.ft. -_ Ponderosa-' Ci c� 1 � ST 3960 sq.ft. LODGEPOLE CT �� 720 sq.ft. Cut Removal & Replace (Subcut) N Prep" Maintenance Repairs Maintenance Overlay City urn Figure 2 - Power Ray Heats DIFFLEY ROAD W N N QN U V W 11 10 O 4 M 3 W " 00 12 9 5 JAN. 20, 1998 2 13 8 7 6 1 6 14 SIGF ID ST. 15 8 7 6 7 16 A iE 9 5 17 1 HEMLOCK 10 4 4 2 18 Q a w A 3 3 19 12 CIR, 3 11 9 1 2 2 '� p 13 14 or O 20 a 15 1 1 9\00 9�0 21 p C3 BALSAM ST, J 22 8 B 11 10 9 9 10 23 7 A 7 q Af 14 C3 24 12 15 6 = 6 13 25 POND ROS o 4 5 111-00 C4 ? UJ ~ 4 O 26 = O a _ 18 C R. 2 1 CL 3 3 27 19 17 16 WAL RID ST. 2 2 - — 28 20 21 22 9 131-00 1 _ = 8 13 130-0 F � –_ A LF w - _ 7 iy a 010-06 2 LLJV 6 O 011-0 3 O J 1 4 S O012-06 6 Assessment Area -- = Street Overlay H:PROJECTS 728EVRGRN C� �— Evergreen Par Carlson Acres Additions Figure Street Overlay — Project 728 3 City of Eagan Street Overlay / Assessment Areas 60' ROW 32' TYPICAL L,_ EXIST. D412 1 1/2" - 3" EXIST, BITUMINOUS CURB & GUTTER EXIST. GRANULAR SUBGRADE EXIST. TYPICAL SECTION 60' ROW 32' TYPICAL EDGE MILL (TYP.) 1 1/2" BITUMINOUS OVERLAY L REMOVE & REPLACE EXIST. 1 1/2 - 3" EXIST. BITUMINOUS D412 CURB & GUTTER EXIST. GRANULAR SUBGRADE AS NECESSARY PROPOSED TYPICAL SECTION H:PROJECTS/729XSEC2 /C�/ ;)> EVERGREEN K/ CARLSON ACRES Figure STREET OVERLAY PROJECT 728 4 City of Eagan TYPICAL SECTION EVERGREEN PARK ADDITION & CARLSON ACRES PROPOSED STREET IMPROVEMENTS PROJECT 728 Preliminary Proiect Schedule • 1992 Project First Identified In 5 Year Capital Improvement Program • December 3, `97 City Council Authorizes Feasibility Report • February 3, `98 Present Feasibility Report to City Council/Order Public Hearing • March 2, '98 Public Hearing—Council Orders Plans& Specs or Denies Project • April, `98 Approve Plans& Specifications • May, `98 Award Contract • June, `98 Construction Begins • September 1, '98 Construction Completed • October, '98 Final Cost Report • November, '98 Final Assessment Public Hearing • May 15, 1999 1" Installment Payment Due With Real Estate Property Taxes Preliminary Costs—Feasibility Renort • $132,950 Bituminous Mill and Overlay • $ 31,890 Repair Existing Concrete Curb & Gutter • $ 10,940 Sanitary Sewer Improvements • $175,780 Proposed Total Project Cost • $ 66,475 (38%) Proposed Assessed to Property Owners • $109,305 (62%) Proposed Financed by the City of Eagan Proposed Special Assessments • Proposed Assessment: $627 per lot (106 lots) • Prepayment option with no interest available for 30 days after Assessment Hearing • Any unpaid balance is certified to county to be collected with property taxes over 5 years • Interest rate is calculated on any remaining unpaid balance at the end of each year • Assuming no prepayment, annual cost: (Assumed 7% Interest) • $173 per year 1" year $14.41 per month 1" year • $134 per year 5h year $11.18 per month 5"'year 3 � CITY PROJECT NO 728 EVERGREEN PARK ADDITION & CARLSON ACRES PROPOSED STREET IMPROVEMENTS INFORMATIONAL NEIGHBORHOOD MEETING THURSDAY, FEBRUARY 19, 1998 6:30 P.M. COUNCIL CHAMBERS MINUTES Attendance: Russ Matthys, John Gorder, Stan Lexvold, City of Eagan; approximately 23 people representing 20 properties (see attached sign-in sheet) A. Welcome and Introduction • City Engineer Matthys welcomed the residents and introduced staff personnel. B. Pavement Maintenance Program • City Engineer Matthys reviewed the Pavement Maintenance Program (PMP) and Capital Improvement Program (CIP). - How the PMP can extend the life of a typical street. - Maintenance schedule involved in PMP. - CIP C. Street Overlay Summary • Design/Development Engineer reviewed project details. Number of assessable lots, cost estimates, proposed assessments, schedule & construction details D. Questions/Comments 1. What were the assessments for Heine Strasse? $1,132.50/lot for street reconstruction. 2. What about street lights — do we have to circulate a petition? Yes, it would be handled as a separate project. 3. What do you mean about the M.H. castings not the right size? Some castings are obsolete and will be replaced— 100% City cost. 4. What is the cost for engineering etc.? An amount of the construction cost should cover the costs for an amount equal to approximately 30% Legal, Administration, Engineering& Bond Interest. 5. Would you be digging into the yards at all? Only where the curb is to be replaced and that would be restored with topsoil& sod. 6. Are you going to raise the curb? No, the bituminous edge would be milled so the new bituminous overlay would match the existing curb. 7. Are the contractors really good? The work is directed by City staff to ensure an A- 1 Job. 8. What can be done about water standing on Sigfrid & Sequoia? A concrete gutter swale is proposed to be installed to assist the drainage—survey work will be done to decide what direction it should flow (south or west). More detailed information will be included as part of the plan design. Page 1 of 2 131 9. Who watches over the project? City staff will be on site at most all the time the contractor is on site to ensure conformance with plans & specs and also to respond to resident concerns. 10. Is the new street work going to last 20 years? Yes, we hope it lasts longer with routine maintenance. 11. Are you aware of how the storm sewer was assessed in 1990? Project No. 473, Contract No. 87-06. Staff present were not aware of the details of the project. 12. Are you aware of the ill feelings about the street sewer assessment and area assessment? The staff at the meeting was not aware of it! 13. Where are the concrete gutter swales going to be installed? Survey work will be done to determine where the need is. 14. What would streetlights cost? In checking with Dakota Electric approximately $400/lot. 15. Would it cost more for streetlights at a later date? No — all lines are installed in the boulevard behind curb and crossings are bored under the street where needed. 16. What does the Engineering department do? Prepare plans & specs and manage all construction operations. 17. Doesn't the contractor usually do his own engineering? No, the Engineering department handles all surveying, engineering, project management & contract administration. The contractor will review the site and scope of the improvements. The contractor may suggest revisions to the plans which staff is open to considering. 18. Safety Factors of Streetlights? Streetlights are usually installed at intersections, end of cul-de-sacs, and mid-block for illumination. More detailed information will be sent to residents requesting information. 19. Can you check out the intersection of Lodgepole Court and Lodgepole Drive? Yes, it will be checked out and any corrective work will be included in the plans. 20. Why doesn't the City buy the materials and do the construction work themselves? It is specialized work and the City doesn't have the equipment nor manpower. 21. It seems like the construction workers stand around a lot. Contracts are bid on unit basis so it is up to the contractor to get the work completed— the City pays per unit not per hour. 22. Are there any penalties for not completing the project? We have a completion date for the contract and liquidated damages could be imposed after that date. SL/cb Attachments: • Sign-in Sheet G.1J/JG/M1SC/Proj.728-Min uta 13:)— Page 2 of 2 INFORMATIONAL MEETING PROJECT 728 EVERGREEN PARK THURSDAY, FEBRUARY 19, 1998, 6:30 P.M. NAME ADDRESS 2. bice ��z c-k' �/� S'� S�Qvo/c" /1n 3. —� D e n P se v C ;c 0 ,- 4. ,- 4. R ►cGaavcs LCDG-&Pc�=Lt--- Diz, 7. s. q 3 `p 9, 10. CI-3k1lti �ro�e r- Dr- 12. 13. a S //t 114. 11 5. 16. 1--A-ly 17. E -- �{2 19. C os 20. H:FORM S/Sign-In/jj 133 NAME ADDRESS / ) 2 1. VIC�,I,/W'O/)I-;t 9'5 U 22 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 13Y 1 Agenda Information Memo March 2, 1998 Eagan City Council Meeting W"USIMS A. PRELIMINARY SUBDIVISION & FINAL PLAN DEVELOPMENT PRAIRIE OAKS PARTNERSHIP(PRAIRIE OAKS ADDITIONI ACTION TO BE CONSIDERED: • To approve or deny Preliminary Subdivision consisting of two lots and one outlot . • To approve or deny Final Planned Development for the Prairie Oaks Partnership located south of Cliff Road east of Slater Road and west of State Highway 77 (Cedar Avenue). FACTS: • At their regular meeting of February 3, 1998 the City Council denied both applications based primarily on the density of the proposed development and that impact on existing natural resources. • At their regular meeting of February 17, 1998, the City Council approved a request for reconsideration of these two applications. • The developer has prepared revised site and subdivision drawings that result in two lots and one outlot. The planned development provides for an office building on Lot 1 and Lot 2 while the former Lot 3 will be platted as an outlot which require any future development of that site to come back through the public hearing process at some future date. ISSUES: • Issues of concern with tree loss, noise attenuation and visibility were primarily tied to the southerly lot. The developer has stated that more detailed work needs to be accomplished before he would be prepared to submit development plans for the 3' parcel (Outlot A). He is seeking approval to get started with the development which is proposed to begin on the northerly lot first as phase I and phase II would be the middle lot or Lot 2. • The City Council should attach conditions of approval as spelled out in the original staff report. ATTACHMENTS: • Revised site and subdivision drawings,pages/36 36 through/32. • Planning staff report,pages�, through� . S y s}of m a Q Q o -J xe t-=1 XV ? QAC N� - ° �,�� rl (� g �9 ac I.- j -I Eli V� 3 in d d 9� :- r: _ CL ill-H maw e a o a,0 Bj Asa c�g3 6_i 1 e s <M n ` N� / 1 ate' �\ ° /�•� ,/ fit 4' sa e!3 0 0❑ p E # a s a III t: 139 4n6'L6i—i5'z3\chi—.t_�- PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 1998 CASE: 31-PP-29-11-97 APPLICANT: Chris Moarn, Parks Realty HEARING DATE: January 27, 1997 PROPERTY OWNER: Chris Moam,Parks Realty PREPARED BY: Shannon Tyree REQUEST: Preliminary Subdivision&Final Planned Development LOCATION: Outlot A, Oak Cliff 3r Addition COMPREHENSIVE PLAN: Limited Business ZONING: PD -Planned Development SUMMARY OF REQUEST Chris Moarn,Parks Real Estate, is requesting approval of a Preliminary Subdivision (Prairie Oaks Addition) consisting of three lots on approximately 6 acres and a Final Planned Development for an office building located on property currently platted as Outlot A, Oak Cliff P Addition, south of Cliff Road, east of Slater Road,west of State Highway 77 in the NW 1/4 of Section 33. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. 13ff Planning Report - Prairie Oaks Addition January 27, 1998 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document .entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY The six-acre site has been a part of the Winkler-Jackson Planned Development since July 1982. Since the planned Development was created, the residential component of the PD has been completed. In addition to the proposed development only two commercial lots remain vacant in the Oak Cliff Pond Additions west of Slater Road. This item was originally heard at the Advisory Parks, Recreation and natural Resources Commission meeting held on December 15, 1998 where the commission recommended denial of the plan due to the large quantity of tree loss. At the Advisory Planning Commission meeting December 18, 1997 the applicant continued the project due to concerns about tree loss and its affect on the overall development of the site. EXISTING CONDITIONS The site is vacant, and is wooded in the southern portion of the site closest to the residential development, St. Charles Woods. The north portion of the site is void of any significant trees and /3 Planning Report - Prairie Oaks Addition January 27, 1998 Page 3 contains an existing pond. The southern portion of the outlot contains the majority of the trees, a wetland and a moderately steep slopes. There is an existing 30'drainage and utility easement along Slater Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Amoco Gas Station; zoned PD; guided NB,Neighborhood Business South - St. Charles Wood single family residential; zoned PD; guided D-I. East - Trunk Highway 77 (Cedar Avenue) West- Oak Cliff Pond, single family residential; zoned PD; guided D-II. EVALUATION OF REQUEST Preliminary Subdivision Lots - The proposed subdivision consists of three lots. Lot 1 abuts the Amoco site to the north, and is 1.7 acres (73,962 s.f.). Lot 2 is 1.5 acres (67,719 s.f.) in area. Lot 3 is 2.8 acres (122,623 s.f.). Landscaping- The landscape plan is unacceptable. The revised plan should be submitted on a grading plan. Due to a 30'wide drainage and utility easement over an existing sanitary sewer line plant material in this easement may only be shallow rooted shrub material. The plan should also be revised to show allowable plant material in this 30'wide area along Slater Road for Lot 2. Grading - The northern one-half of the site is open and has been previously graded while the southern one-half of the site is lightly to heavily wooded. Most of the site slopes to the north with the exception of the existing wetland in the southwest corner. The preliminary grading plan is acceptable. A majority of the site will be graded in preparation of parking lot and building construction. Storm Drainage - The preliminary storm drainage plan is not acceptable. This site's runoff is proposed to drain along the north edge of the property to the existing storm water basin, Pond AP-10B which was not constructed to accommodate runoff from this development. This basin was constructed as part of the Oak Cliff 6" Addition to the northwest, and was designed to handle runoff from that development only. The developer should control runoff from the development so as not to raise the 100-year high water level of Pond AP-IOB above its current elevation. Possible options to accomplish this are as follows: 1) expanding Pond AP-10B on this development site, 2) expanding it to the north onto Parcel 011-01, or 3) utilizing the existing wetland on the site for storm water management. Expansion of the pond to the north onto Parcel 011-01 will require the developer to acquire pond easement from that property owner. /�f� Planning Report - Prairie Oaks Addition January 27, 1998 Page 4 Water Quality: This development is located in Drainage Basin A in far southwest Eagan. There is already a detention basin in the northern portion of the site (Pond AP-I Oa) which was constructed only to meet water quality and flood control requirements for the Oak Cliff 6`" Addition west of Slaters Road. The pond is not large enough to fully satisfy the water quality treatment requirements of the Prairie Oaks subdivision. After reaching Pond AP-1 Ob, the runoff from this site flows through three more designated treatment basins before reaching a small wetland in Slaters Acres Park, the nearest downstream recreational water body. Development of the Prairie Oaks site will have only a very minor impact on the quality of this water body because of the relatively small size of the development relative to the size of the watershed of the pond, the number of intervening ponds between the development and Slaters Acres Park, and the naturally high ambient phosphorus concentrations in shallow wetlands of this type. Staff recommends that the developer use on-site ponding as the primary measure to meet water quality treatment requirements for the site. Options available for ponding on the site include the excavation and use of a natural wetland to treat runoff from the southern third of the site and routing stormwater from all or a portion of the site to existing Pond AP-1Oa (whether the pond is expanded or not) for at least partial treatment. To the extent that on-site ponding is still inadequate to fully meet water quality mitigation requirements, a supplemental cash dedication should be required. Wetlands - A wetland survey of the site has been completed. The survey shows that an inland fresh meadow (Type II wetland) of approximately .4 acres is located along the southwest border of the site. State law allows up to 2,000 square feet of Type 1, 2 and 6 wetlands to be filled without having to mitigate the loss. The site plan proposes a fill of about 1,700 square feet, which is under the threshold, so no mitigation will be required. Utilities - The preliminary utility plan is acceptable. Sanitary sewer is available along the west edge of the site for connection. Water main is available to the west and south of this site for connection by this development. Streets/Access/Circulation- Public street access is proposed from two locations onto Slater Road, one driveway serving Lot 3 and another combined entrance serving Lots 1 and 2. Internal circulation is provided through the connection of the parking areas of each lot. Slater Road is a neighborhood collector street designed to accommodate approximately 5,000 vehicle trips per day and will be able to handle traffic from the proposed development. 1997 traffic counts for Slater Road in the area showed daily (24-hr) counts of 2,000 to 3,000 vehicles. . The average single-family home generates approximately ten vehicle trips per day. This development is estimated to generate approximately 1,050 daily vehicle trips At the December 15, 1997 APC meeting a number of questions were raised regarding traffic. The following information has been provided. Planning Report - Prairie Oaks Addition January 27, 1998 Page 5 Estimated Traffic: The Prairie Oaks development will generate an estimated 1,050 average daily vehicles at time of full development. It is estimated that approximately 75% of the Prairie Oaks traffic, or 785 vehicle trips, will travel to and from the north toward Cliff Road and Cedar Avenue. The remaining 25%, or 265 daily trips, are anticipated to travel to and from the south, thereby increasing the traffic counts on Slater Road to approximately 2,300 to 3,300 daily vehicle trips. These estimates are below the amount of traffic designated for Slater Road, as mentioned above. Traffic Speed: A resident also raised the issue of the speed of traffic on Slater Road. Speed control is generally a law enforcement issue. The City Police Department has conducted a number of speed surveys on Slater Road recently. The surveys indicate that there is not a regular problem with speeders on the road. The average speed of vehicles monitored was at or below the posted limit. The current speed limit for Slater Road is 35 MPH, which is consistent with a road of this classification. The MN Department of Transportation sets speed limits on all the streets within the City. Cliff& Slater Intersection—Amoco Entrance: Another issue raised at the Planning Commission meeting was that of traffic congestion on Slater Road at the Amoco station driveway entrance near Cliff Road. Residents stated that a southbound vehicle waiting to make a left turn into the Amoco station store sometimes backs up southbound traffic coming off Cliff Road. The southbound lane of Slater Road adjacent to the Amoco station has a width of 22 feet, which allows bypass of traffic around a vehicle making a left turn. Easements/Permits/Ri ht-of-Way - A 30-foot wide drainage and utility easement over the existing sanitary sewer runs along the entire west edge of the development. The developer should not plant large-growth landscaping within the area of the drainage and utility easements. Tree Preservation- The tree preservation plan is acceptable. The inventory indicates that current significant vegetation consists of 83 significant trees. Most of these trees are located on the southern half of this property (lots 2 and 3, specifically lot 3). Tree species includes bur oak, red oak, white oak, blackcherry, and boxelder. Tree diameters range from 6"to 32". Fifty-one significant trees (61% of the total) are bur oak trees. The average diameter of these bur oak trees is 15 inches; there are 23 oak trees measuring greater than 20 inches in diameter. Tree preservation issues for this development will be reviewed in its entirety even though construction, according to the applicant, will be phased in over time, (the proposal contains three lots, versus one lot and two outlots). /414;z' Planning Report - Prairie Oaks Addition January 27, 1998 Page 6 Site preparation for this development will result in the overall removal of 40 significant trees (48.2% of the total). Individual-lot tree removal summaries are as follows: Lot 1 —No significant trees Lot 2 —22 significant trees, 5 to be removed (23% removal) Lot 3 —61 significant trees, 35 to be removed (57%removal) According to the City of Eagan Tree Preservation Ordinance, allowable removal for this type of development (multiple-lot, multiple-phase, commercial) is 47.5% of the existing significant vegetation. With a significant tree removal percentage (48.2%) more than allowable limit (47.5%) there will be tree preservation mitigation required for this development, if the plan is approved as proposed. According to the City of Eagan Tree Replacement Schedule, mitigation for this development calculates to four Category B trees. Tree Preservation mitigation into occur in addition to any g City of Eagan landscape requirements. Per the Tree Preservation Ordinance, tree mitigation is to occur either: "on-site" (in addition to any landscape requirements and if sufficient room is available); or on other property within the city of Eagan owned by the applicant (if sufficient room is available); or on public/city/park property; or as cash mitigation. Parks and Recreation- The Advisory Park, Recreation and Natural Resources Commission is recommending a cash park and trail dedication. The Winkler Jackson Planned Development indicated that a trail would be located along the east side of Slater Road. Instead the trail has been developed along the west side of Slater from Cliff Road to Burnsville Parkway. Planned Development The Planned Development designated this area as LB - Limited Business. For purposes of reviewing this request, staff will review the proposal against LB requirements. The developer is proposing to develop a three building office complex on the 6.07 acres. The buildings would be built in phases beginning with Lot 1 then Lot 2, and finally Lot 3. The applicant has not specified exact timelines for the second and third buildings to be constructed. According to the applicant,the first building would begin construction in the spring of 1998. Setbacks - Required building setbacks from the State Highway 77 are 50'. In this case the applicant is proposing a 10' setback for Lot 1, a 62' setback for Lot 2, and a 20' setback from Lot 3. The applicant has stated that the long and slender shape of the parcel, 178' at the narrowest point(Lot 2), inhibits flexibility in placing the buildings. All other building setbacks have been met. Parking setbacks (20') along Slater Road have been maintained, however, the minimum 20' parking setback along Highway 77 was reduced to 10' for the majority of the entire site. /1-13 Planning Report - Prairie Oaks Addition January 27, 1998 Page 7 Generally, the areas where the developer has asked for deviations from the strict code requirements are from Highway 77. The proposed setbacks create a minimal impact by reducing the parking landscaping along the freeway corridor. Parking - All parking spaces shown are 9'wide, and the applicant is using cross parking easements throughout the three lots. The developer has suggested using a parking ratio of 1 space per 250 s.f. of gross floor area. City Code requires 1 space per 150 s.f of net leaseable area, or 80%of the gross floor area. In this case, for Lot 1 Code would require 44 spaces. The proposed plans show 35. The developer is proposing development on Lot 1 initially. Because the overall site is rather small and oddly shaped, it poses some site planning challenges; it is necessary to review how the entire site could function especially since access and parking are to be shared. Therefore, the developer has also indicated the proposed building and parking lot sizes for Lots 2 and 3. According to City Code, Lot 2 would require 118 spaces based on the proposed building of 8,400 s.f. The applicant is proposing 77 spaces. Also identified on the plan are 29 proof of parking spaces. Four of these spaces are not desirable due to their location near the entry to the site. The remaining 25 spaces are located on the south side of the building. If the proof were added, four spaces would have to be removed in order to construct the opening for the added parking area. The total number of spaces for Lot 2 is 98 spaces. Lot 3 has a 30,000 s.f. building, requiring 160 spaces by Code. The applicant is proposing 115 spaces. There are also 35 proof of parking spaces identified. However, approximately eight spaces would be removed to accommodate the southern most spaces shown. Additionally 4 spaces shown as proof of parking on the northeast side of the building near the entrance to the underground parking are questionable due to the potential grade at which they would be located. The total spaces including the proof of parking spaces is 138. The applicant is proposing a deviation from the standard code requirements for the entire site of 95 stalls. The developer has shown a parking ratio of one space for each 250 s.f of gross floor area. The latest plan indicates a shortfall from that ratio of 22 stalls. Building Design- The building was designed to incorporate the Prairie style architecture. This style of architecture is complementary to residential areas. The proposed single story building footprint is 8,400 s.f. and 28' in height. Mr. Moam is proposing a stucco building,with large approximately 6' tall windows. The developer has suggested two different materials for the roof. The first choice is a composite slate-like shingle and the second choice is for asphalt shingles (see exhibit). Planning Report - Prairie Oaks Addition January 27, 1998 Page 8 Signage - The developer has not proposed any building signage at this time. Any future building signage would be subject to the City's Sign Regulations. The applicant is proposing two monument signs and decorative planters at both ingress/egress locations on Slater Road. The monuments are designed to be 4' in height with 2'6" square area for copy. Lighting Plan -A lighting plan was submitted with the application and is acceptable. The amount of light shown at the property boundary appears to be negligible. SUMMARY/CONCLUSION The Winkler Jackson Planned Development has depicted this site for Limited Business use since 1982. Offices of a general nature and professional offices are permitted uses within this zoning category. At this time, the developer is requesting a Final Planned Development for Lot 1. The proposed office use is consistent with the zoning and City's Guide Plan,however the parking associated with the office does not meet the required number of spaces by Code. This is true for all of the proposed lots. The site as proposed is 95 parking spaces below the required amount. The applicant proposed parking at a 1:250 of gross floor-area ratio. City Code requires 1:150 of net leasable floor area. Even using the developer's proposed ratio the plan is 22 spaces deficient. According to the revised plan, tree removal has been reduced through the implementation of retaining walls, parking lot islands and road realignment. The trees to be preserved now are oaks in small parking lot islands or smaller diameter boxelder trees. These may or may not take the stress of development. The larger diameter bur and red oaks,which make up the character of Lot 3 will still be removed. If it is necessary to utilize the proof of parking the removal percentage for the significant trees increases for Lots 2 and 3. The proposed landscape plan should be revised to enhance screening of the parking areas. The proposed plan will achieve Final Planned Development status when a Final Planned Development Agreement has been executed. The applicant will be required to submit the following plans, including any modifications resulting from the Advisory Planning Commission and City Council review of the proposed Final Planned Development to be used as exhibits in the Final Planned Development Agreement. Final Landscape Plan Final Signage Plan Final Lighting Plan Final Building Elevation Plans Final Phasing Plan Final Site Plan � �s Planning Report - Prairie Oaks Addition January 27, 1998 Page 9 ACTION TO BE CONSIDERED Final Planned Development: • To recommend approval or denial of the proposed Final Planned Development permitting a 8,600 s.f., single story, office building located on Lot 1,Block 1, Prairie Oaks Addition subject to the following conditions. 1. The following plans are required at the time of final planned development: • Final Site Plan • Final Landscape Plan • Final Signage Plan Final Lighting Plan • Final Building Elevation Plans • Final Phasing Plan Subdivision: • To recommend approval or denial of the proposed Preliminary Subdivision (Prairie Oaks) consisting of three lots located east of Slater Road,west of Trunk Highway 77 (Cedar Avenue) and south of Cliff Road, in the NW 1/4 of Section 31 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, Bl, B2, B4, C1, C2, C4, D1, E1, F1, Gl, and Hl Storm Drainage 2. The developer shall control runoff from the development so as not to raise the 100-year high water level of Pond AP-1 OB above its current elevation. Easements 3. The developer shall not plant large-growth landscaping within the area of the drainage and utility easements. 4. The developer shall submit cross parking and cross ingress/egress easements prior to the final subdivision approval by City Council. Tree Preservation 3. The applicant shall fulfill tree preservation by providing contractual installation of 2 Category A trees, or 4 Category B trees or 8 Category C trees. 4. Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved during initial site grading. IV6 Planning Report - Prairie Oaks Addition January 27, 1998 Page 10 5. The developer shall be responsible for contacting the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 6. The applicant/owner or representative review with City Forestry Staff, development plans (including but not limited to Site Plan and Tree Preservation Plan) for proposed Lots 2 and 3 to ensure optimal tree preservation efforts when locating buildings, drive aisles, and parking lots to ensure optimal tree preservation efforts. Wetland 8. As per the requirements of the Wetland Conservation Act, an exemption from mitigation be granted for up to 2,000 square feet of wetland fill for the project Water Quality 9. On-site ponding be the primary means of meeting water quality treatment requirements. To the extent that on-site ponding is inadequate to fully meet water quality mitigation requirements, a supplemental cash dedication will be required. Platting 10. The property should be platted. Landscaping 11. A revised landscape plan should be submitted on the approved grading a plan. 12. All parking areas shall be screened in accordance with the City's Landscape Ordinance. l STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Ri hts-of-Wa v 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. / elO 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON FINANCIAL OBLIGATION—Prairie Oaks There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit Water C/I $5.65/ff 1116.41 ft $ 6,308 Water Availability Charge C/I $2,955/Ac 5.07 Ac 14,982 Total 21 290 /S� �0 � ,�. � • � �� IIS Zoning Map �, ■��1�., r., ■ ,. HIM 'logo 1110= - ISM r� ■ � ��,.��■� ■r�■■■■■■■uu//��■■■111111 ■ �� -aiI MM NINEM- Milli - .. .� Current Zoning PD Planned . .■■■■►fir■ ■■■�■� �■1■111■■.� .,i Development Prairie Oaks Case No. 31-PP-29-11-97 1000 0 1000 Comprehensive Plan Map ■ ■ ■ OEM OEM. 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NJ ;A ts Va WA AWLAft 1�5 to ;� 't'j,�fi' {�: -tom•<� r� '"L'eE JO Nil Id �• L?_ yy ,t� . as iv �ti'• � / � rll � �y I , j fit f . 11. _ i t t � I ' Illy i � ��:. .L.• -rI� 1 0 i ` '{ OO c� -211 TIL i , E /6� ono t -4b� t �l� I • ►--1 ( //, zVyZ Q 3 3 u r I os w W ocl. a W 15 0:0I_I co ` t j oYW aY ►- V ! ' wq( y� c°a c Sill a0 t�i 1t l r l l=d P.s J :i o P 1 �o m W �1 z • � 3��i � � Jet 1 �s •r.. •::• 'Y ! X. / J l y Agenda Information Memo March 2, 1998 Eagan City Council Meeting B. CONFIRMATION_ OF FINDINGS OF FACT. CONCLUSIONS & RESOLUTION OF DENIAL-CITY OF EAGAN ACTION TO BE CONSIDERED: To approve Findings of Facts, Conclusions & Resolution of Denial of the Prairie Oaks Addition requested by Prairie Oaks Partnership located on Slater Road in the NW 1/4 of Section 31. FACTS: • At its regular meeting of February 3, 1998, the City Council denied Prairie Oaks Partnership's request for a Preliminary Subdivision of 6.07 acres, three lots and one outlot and a Final Planned Development for three office buildings. BACKGROUND/ATTACHMENTS: (1) Findings of Fact,Conclusions&Resolution of Denial,page through /�r BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Chris Moarn, Parks FINDINGS OF FACT, Realty for a Final Planned Development CONCLUSIONS AND Agreement and Preliminary Subdivision. RESOLUTION On December 18, 1997 and January 27, 1998, following publication of notice to the public, the Advisory Planning Commission of the City of Eagan conducted a public hearing to consider the application of Chris Moarn, Parks Realty, for a Final Planned Development Agreement to allow three office buildings and a Preliminary Subdivision to allow three lots on property known as Outlot A, Oak Cliff 3rd Addition. The applicant appeared at the public hearing and spoke in favor of the request. During the public hearing, the Advisory Planning Commission received and considered staff and citizen input, planning reports and other background information. Following the public hearing, the Advisory Planning Commission voted to recommend denial of the applicant's request. The matter then came before the Eagan City Council at its February 3, 1998 meeting. The Council received, considered and discussed the Advisory Planning Commission recommendation, input from the staff, and planning reports, together with all files, records and prior proceedings and the input of the applicant and citizens. Based upon all the files, records, proceedings and input which was presented at the meetings, the Council makes the following Findings of Fact, Conclusions and Resolution: 194 FINDINGS OF FACT 1. The matter of the Final Planned Development and Preliminary Subdivision of property now known as Outlot A, Oak Cliff 3rd Addition to Prairie Oaks Addition are properly before the Eagan City Council. 2. The proposed Prairie Oaks Addition is approximately 6.07 acres in area. The proposed Planned Development would allow three office buildings on the site. 3. The proposed subdivision of the property would allow three lots in sizes as follows: Lot 1 is approximately 1.7 acres; Lot 2 is approximately 1.5 acres; and Lot 3 is approximately 2.8 acres. 4. The proposed office building on Lot 1 is approximately 8,600 square feet; the proposed office building for Lot 2 is approximately 22,200 square feet, and Lot 3 is a two- story building of approximately 30,000 square feet. 5. The plan as proposed by the developer is deficient by 22 parking spaces. 6. The loss of significant trees is approximately 57.5%. The City standard with mitigation would be 47.5%. Residents testified that construction activity would kill significantly more red oaks than the applicant's tree loss and mitigation program identifies. 7. It is acknowledged the greatest tree loss would be on Lot 3, adjacent to most of the residences in the area. While a new building would provide some sound barrier characteristics, the existing trees provided significantly better sound barrier characteristics. The City makes the following Conclusions: /v CONCLUSIONS 1. The applicant's proposal would increase noise to the adjacent residents by reason of the development and tree removal. 2. The tree loss exceeds the amount allowed on site by the City. 3. There is expected tree loss by reason of construction around the red oaks in addition to that stated above. 4. The applicants proposed site plan is deficient by 22 parking spaces. 5. By the greater weight of the record and information presented, it is hereby determined by the City Council of the City of Eagan that approval of a Final Planned Development and a Preliminary Subdivision is not warranted. RESOLUTION The City Council of the City of Eagan does hereby resolve that the applicant's request for a Final Planned Development and Preliminary Subdivision are hereby denied. Dated at Eagan, Minnesota, this 2nd day of March, 1998. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk 3 Agenda Information Memo March 2, 1998 Eagan City Council Meeting NEW BUSINESS A. CONDITIONAL USE—AT & T WIRELESS SERVICES ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit to allow a 100 foot tall communication monopole and equipment building on the northeast portion of Parkview Golf Course located at 1310 Cliff Road in the northwest quarter of section 34 subject to the conditions in the APC Minutes. FACTS: • In July of 1997, the City Council denied AT & T's proposed communications tower on City owned property located on the north side of Cliff Road just north and west of this proposed site. • In September of 1997, the City Council denied AT & T's request for a communication tower on the subject site and adopted an interim ordinance that created a moratorium on siting free standing communication towers on properties zoned public facility • Late last year, the Council adopted an amendment to the communication tower ordinance that provides clarification on how the height of the tower is measured. It required the setback of the tower from residential use to be measured from the property line instead of the residential structure and it increased the minimum tower setback to 300 feet from residential property. • The current proposal provides a 310 foot monopole setback from residential property and the equipment building is located in excess of the required setback of 50 feet from the proposed southern edge of the Cliff Road right-of-way. • The Advisory Planning Commission recommended approval of this conditional use permit at their regular meeting of February 24, 1998. ISSUES: • Several area residents have shared their opposition to the AT & T application either in person at the public hearing or in writing. The primary focus of the opposition is esthetics and impact to property values. ATTACHMENTS: • APC Minutes of February 24, 1998, page through • Staff Report, page-./1 through— A?9- • Correspondence from surrounding residents,page through 1,9.2 . �D 612 432 37eO SENT BY: 2-27-98 : 14:59 SEVERSON SHELDON 681 4694:# 3!21 Page 2 February 24, 1998 ADVISORY PLANNING COMMISSION r' PUBLIC HEARINGS CONDITIONAL USE PERMIT AT&T WIRELESS SERVICES Commission Chair Hcyl opened the first public hearing of the evening regarding a Conditional Use Permit to allow a communications tower to be located at 1310 Cliff Road in the NE portion of Parkview Golf Course, one quarter mile east of Pilot Knob Road, south of Cliff Road in the NW'/. of Section 34. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report dated Febmaty 13, 1998. Mr. Ridley also highlighted the previous history of AT&T's request for a communication tower in this portion of Eagan. Mr. Ridley noted that the applicant's proposal complies with the recently amended City ordinance regulating free-standing communication towers. Peter Beck, an attorney representing AT&T, addressed the Commission. Mr. Beck explained the technology of cellular communication and explained the applicant's siting process which included the capacity of AT&T's coverage with and without the proposed tower. Mr. Beck stated that he believed the neighborhood concerns were with the pole's visibility, the health impact of cellular antennae and the effect on their property values. Mr. Beck provided the Commission with studies and suttunaries thereof addressing the effect of antennas on property values. A neighboring resident asked the Commission to delay its decision on the tower, citing that the tower's location is incompatible with residential property and lowers the value of the existing homes. The resident expressed concerns that the City should address alternate sites and the availability of co-location. Another resident expressed his concern over the impact on property values and further noted that the recent amendment to the antennae ordinance resulted in the tower being relocated only an additional 30 feet. Member Huusko inquired as to the possibility of co-location. Mr. Beck indicated that the monopole could accommodate a second user at a height lower than AT&T's antennas and furthermore while a third user may be a possibility, any increased height to the pole would require another conditional use permit. In response to an additional question, Mr. Beck responded that locating the monopole further south would be more disruptive to the golf course and require an access road_ Additionally, there is a significant grade change from north to south. 612 432 37eo SENT BY: 2-27-98 : 15:00 SEVERSON SHELDON- 681 4694:# 4/21 Page 3 f---, _ 'J February 24, 1998 ADVISORY PLANNING COMMISSION Commission Chair Heyl expressed the need for cellular towers due to the demand for services by residents. Ms. Heyl further stated that the proposal meets the ordinance requirements. Member Frank indicated that he believed the distance of the pole from residences is a reasonable requirement which has been met by the applicant. Member Frank moved, Member Heyl seconded, a motion to recommend approval of Conditional Use Permit to allow a communications tower to be located at 1310 Cliff Road in the NE portion of Parkview Golf Course, one quarter mile east of Pilot Knob Road, south of Cliff Road in the NW'/4 of Section 34, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval. 2. The Conditional Use Permit provides for a 100-foot tall communication monopole and an equipment building as shown of the site plan dated January 19, 1998, 3. No equipment or antennas may exceed 100' in height. 4. A building permit shall be obtained for the erection of the monopole and equipment building. 5. The applicant shall provide the City documentation, from a structural engineer, confirming the structural integrity of the proposed monopole. 6. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 7. No artificial illuminatiol� shall be allowed on the tower except when required by law or by a governmental agency. 8. Landscaping shall be completed by June 1, 1998. 9. The applicant shall provide co-location opportunities, if technologically feasible to other wireless service providers. All voted in favor, except Member Carlson opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 13, 1998 CASE: 34-CU-01-01-98 APPLICANT: AT&T Wireless Services HEARING DATE: Feb. 24, 1998 PROPERTY OWNER: Donald&Ann Larsen PREPARED BY: Michael Ridley REQUEST: Conditional Use Permit- Communications Tower LOCATION: 1310 Cliff Road-Parkview Golf Course COMPREHENSIVE PLAN: PF -Public Facilities ZONING: P - Public SUMMARY OF REOUEST AT&T Wireless Services Inc. has requested a Conditional Use Permit to allow a communications tower to be located at 1310 Cliff Road in the NE portion of Parkview Golf Course, one quarter mile east of Pilot Knob Road, south of Cliff Road in the NW 1/4 of Section 34. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area,nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures,refuse disposal, water and sewer systems and schools. 123 Planning Report - AT&T Wireless Services February 24, 1998 Page 2 E. Will not involve uses, activities,processes,materials,equipment and conditions of operation that will be hazardous or detrimental to any persons,property or the general welfare because of excessive production of traffic,noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUNDMISTORY The site has been operated as a golf course since 1969 and owned and operated by Don Larsen since 1981. In July 1997 the City Council denied AT&T's proposed communication tower on City owned property on the north side of Cliff Road just north and west of this proposed site. In September of last year the Council denied AT&T's request for a tower on the subject site and adopted an interim ordinance that created a moratorium on siting free-standing communication towers on property zoned Public Facility. The Council has since adopted an amendment to the communication ordinance that provides clarification on how the height of a tower is measured,required the setback of the tower from residential uses to be measured from the property line instead of the residential structure, and increased the minimum tower setback to 300' 'from residential property. EXISTING CONDITIONS The site is located on the south side of Cliff Road. The parking lot area for the golf course is located at the north portion of the site along Cliff Road. A retaining wall (approx. 3.5 feet in height) is located along the east portion of the parking lot. Two out buildings are located in the northeast portion of the site. A paved cart path provides access to these buildings. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- City of Eagan Well#10 and booster station site; zoned P; guided PF. South- Lebanon Hills Regional Park; zoned P; guided P. East - Single family residential (Parkcliff Addition); zoned R-1; guided D-I. West - Single family residential; (Fairway Hills Addition); zoned R-1; guided D-I. /00�� Planning Report- AT&T Wireless Services February 24, 1998 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area-The site is adjacent to County Road#32 -Cliff Road. Across Cliff Road to the north is the City's Well#10 and booster station and residential development. The site is bordered on the north, east, and the west by single family homes. Site Plan - The plan shows an area 20'x 34'that AT&T will be leasing from Mr. Larsen for the equipment building and a 10' square area for the monopole structure itself. The proposed 100' monopole will provide support for the cellular antennas and related cabling necessary to connect it to the equipment building. The tower is located at an approximate ground elevation of 1028.5'. It is located west of the existing maintenance buildings about 30' south of the parking lot, approximately 310' from the residential property located to the east of the golf course and north of Cliff Road. The tower is proposed to be a pale blue color to blend in with the sky. BuildingDesig_n- The proposed 20' x 34' equipment building is to be constructed with a simulated brick exterior painted to match the existing buildings located on the site. The purpose of the building is to enclose radio, computer, and climate control equipment for the cellular operation. Landscaping - The proposed landscape plan shows a mixture of plant material consisting of yew, maple, dogwood,potentila, and ash to be located around the building and the base of the tower. Three ash trees are to be located along Cliff Road north of the building location. Access/Street Design-Access to the tower and antenna site is from Cliff Road through the existing golf course parking lot. SUMMARY/CONCLUSION The Advisory Planning Commission's review of the CUP is to ensure compatibility with the surrounding uses in the area. The granting of a CUP for a communication tower is based on the following: • The designated location and height of the communication tower should not be obtrusive to the area. • The proposed design and appearance of the tower appears to be compatible appears to be compatible with the intended character of the general area, • The conditions of the operation do not appear hazardous or detrimental to health or property of surrounding properties. The 100' communication tower is proposed to be located at Parkview Golf Course meets all applicable Communication Tower zoning code requirements. �5 Planning Report - AT&T Wireless Services February 24, 1998 Page 4 ACTION TO BE CONSIDERED To recommend approval or denial of the Conditional Use Permit allowing a 100' communications monopole and equipment building on a portion of the property at 1310 Cliff Road in the NW 1/4 of Section 34 subject to the following conditions. 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval. 2. The Conditional Use Permit provides for a 100-foot tall communication monopole and an equipment building as shown of the site plan dated January 19, 1998. No equipment or antennas may exceed 100' in height. 3. A building permit shall be obtained for the erection of the monopole and equipment building. 4. The applicant shall provide the City documentation, from a structural engineer, confirming the structural integrity of the proposed monopole. 5. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 6. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 7. Landscaping shall be completed by June 1, 1998. 8. The applicant shall provide co-location opportunities, if technologically feasible to other wireless service providers. /�6 FINANCIAL OBLIGATION—34-CU-01-01-98 10-03400-010-25 There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. No City improvements have been charged to this property. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are noted. The charges are computed using the City's existing fee schedule and availability of the City's utilities. Improvement Use Rate Quantity Amount Storm Sewer Trunk P.F. $1,790/Ac 64 Ac $114,560 Water Trunk P.F. $1,875/Ac 64 Ac 120,000 Storm Sewer Trunk P.F. .082 sq ft 2,787,840 sq ft 228,603 Lateral Benefit Water Trunk P.F. 21.50/ff 1,320 ff 28,380 Total 491 543 This financial obligation is presented for informational purposes. The approval of the conditional use permit does not cause the collection of this financial obligation. The connection to one of the City's utilities will cause collection of the financial obligation. 199 Apo--,ty of Eagan Location Map LAW r� �1 � ��.� �o v� Qed DtlGGa© Qo '� ©r�CL.o3�Q� circ ©o C •.��v© Ao9310 wilun iwwww M n� � rM MAN MCI LM Lit _.. O v.� •� � �S a �a©� ©bio o� ► p� Qe © !� su. c�© o w I� 1FA ,� r_.KIi�v ►rrp �� 0 vKI v G 1 401 0 .00 80D 12DD AT&T Wireless Service of Mn., Inc. Conditional Case No. 34-CU-01-01-98 City of Eagan ZoningMap PK LPD E R PK R- I M /44 U A 1 l .' R- PF 1 PK A PK A A PF Current Zoning PF Public (Public Facility) AT&T Wireless Service Case No. 34-CU-01-01-98 9 1000 0 1000 Feet City of Eagan Community Development Department +City of Eagan Comprehensive Plan MAP IMI PIP NO �■` ���� : �w�1 Sia ■ IT �r - Guide ■1 • lan Designation PF Public Facility AT&T Wireless Service Case No. 34-CU-01 • : i i 1000 0 1OOD Foet N -------J--;: ov ---------—--- o oar ----------- .—C p.7 -------------- -------------- ------4——-------- ------ ol Z�I Q M -C Ft z Z z 'n bj� z .m 0 m —--------- DUNBERRY LANE R. Re- 0 -------------- 11 ------------------ ------- A MEW -------------- ------ ------ ------ F------------- ------ eRa -----------;— Nao 5rs z i3, g (79 1 --------t=- -=______-- i TO R/W UQ - ULTEIG ENGINEERS, INC. ucrE►c mos 520 1 EAST RIVER ROAD, SUITE 308 MINNEAPOLIS MINNESOTA 55421 h�j PHONE (6 125 57 1 —2500 FAX (6 1 2) 571 — I 168 AT&T WIRELESS SERVICES OF MINNESOTA, INC. CLIFF ROAD/ OLF COURSE SITE EAGAN, MINNESOTA CELVAVE ANTENNA (TYP.) --k 0114u 0 A- N7ENNA SIZES SECTOR ANT. NO. H W T) ALPHA & BETA PD10177 86" 10,375' 5" NOTE: GAMMA SECTOR ELEVATI❑N AND AZIMUTH T❑ BE DETERMINED. MONOPOLE DEVOID 11'-6'■ 29'-9" CPUIPI+ENT SHELTER ARCHITECTURAL ""CAST CGNCRETE FINISH TO SIMULnfE SRICIL GRGUND LINE SCALE: 1" = EV-D" 1811 and Nancy Bailiff 4623 Parkridge Drive Eagan,MN 55123 Fax 686-0570 Home Phone 686-0256 February 19, 1998 Advisory Planning Commission Members Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 Dear Advisory Planning Commission Members: Thank you for informing us of the upcoming cellular tower public hearing. While we appreciate the zoning changes you made in December,we believe they remain too lenient for cellular tower placement. We feel that there are several compelling reasons to further retool the zoning ordinance and reject the proposed site. They include: 1) Residential property values decline severely when a cellular tower is placed within property sight lines. 2) Eagan has a reputation for working hard to maintain the property values of its citizens. This particular proposal would fly in the face of that reputation all of you have worked so hard to maintain. 3) This particular site is simply too close to residential property. Approving this location would lean too much toward accommodating an outside interest rather than meeting the needs of Eagan Citizens. There are several possible solutions for a zoning ordinance that would allow you to meet your obligations under the Telecommunications Act while better protecting the needs of Eagan citizens. Additionally,the ideas below will help lower the resistance to future locations. Some ideas that have been incorporated by other cities include: 1) Insisting new cellular antennas co-locate on existing towers 2) Encouraging new cellular towers to co-locate with existing electrical transmission towers(please see the attached example from North Carolina) 3) Insisting that cellular towers are located on commercially zoned property or 4) Some combination of the above While cellular companies may feel somewhat inconvenienced by the above solutions,they are clearly within your right to implement them. The current law says you need to allow cellular towers within Eagan. It does not say you need to allow towers wherever the cellular companies want them. We believe that within the four areas listed above, lies a better solution than allowing cellular towers to be located so near residential property. By voting this proposal down (and by making additional zoning ordinance changes),we believe you have the opportunity to clearly state that Eagan will stand behind its residents to uphold the value of their property. By making such a forceful statement you will help insure that Eagan continues to maintain existing residents and attract new ones. If people are confident that the city will do everything in its power to uphold the property values that they have worked so hard to maintain, Eagan will remain a place that people will love to call home. Thank you very much for your help regarding this issue to date. We look forward to your continued support. Additional material is attached including 1)tower debate info, 2)pending legislation,and 3)an alternate site idea. Sincerely, ,All c.4 8 Jeff and Nancy Baillif XffQch,,,7enta l �_Inf�mation Reg rdinQ the National Cellular Tower Debate The cellular tower debate is raging nationwide and the situation remains very fluid. Legislation is pending in the United States Congress that would repeal portions of the Telecommunications Act (See a copy of Senate Bill # 1350 attached). Additionally, petitions have been filed in the U.S. Court of appeals by several groups (including the Communications Workers of America) that challenge FCC guidelines regarding radio frequency (RF) emissions standards. Admittedly, much of the information surrounding this issue is confusing. Several points are clear regarding the situation as it stands today: 1) The existing legislation affirms local government authority over the siting of cellular towers. 2) Local governments cannot prevent towers on the basis of health concerns. 3) Local governments cannot ban cellular towers, but they clearly have control over their location. Studies have not yet been completed that can answer the health questions. Cellular companies often maintain that towers emit no more energy than a 100 watt light bulb. Others dispute the accuracy of that claim and note that tower radiation is in the form of ultra high frequency waves that are the most readily absorbed by the human body. Those opposed to towers also cite studies that link childhood cancers to similar levels of continuous radio frequency (RF) exposure. It seems that nobody really knows the answers to the health questions and studies will take years to complete once initiated. If the pending legislation (Senator Leahy's bill) becomes law, concern over health effects and the ability to adopt health related criteria will be returned to the local government level. Until then, however, potential health concerns relating to cellular towers cannot be considered by local governments (without possible repercussions from the FCC). The FCC's Wireless Communications Bureau (WCB) made clear in January, 1998 that they currently cannot overturn local decisions unless the local government used concerns over RF emissions to reject a tower site permit. In all other disputes over tower siting, even the Chief of the WCB, Michele Farquhar, admitted the FCC has no authority to intervene. 166 gfi`ochr�ear t -412 tPS Z) 105th CONGRESS I st Session S- 1350 To amend section 332 of the Communications Act of 1934 to preserve State and local authority to regulate the placement, construction, and modification of certain telecommunications facilities, and for other purposes. IN THE SENATE OF THE UNITED STATES October 30, 1997 Mr. LEAHY(for himself and Mr. JEFFORDS) introduced the following bill, which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend section 332 of the Communications Act of 1934 to preserve State and local authority to regulate the placement, construction, and modification of certain telecommunications facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congresv assembled, SECTION 1. FINDINGS AND PURPOSES. (a) FINDINGS- Congress makes the following findings: (1) The placement of commercial telecommunications, radio, or television towers near homes can greatly reduce the value of such homes, destroy the views from such homes, and reduce substantially the desire to live in such homes. (2) States and localities should be able to exercise control over the construction and location of such towers through the use of zoning, planned growth, and other controls relating to the protection of the environment and public safety. (3) There are alternatives to the construction of additional telecommunications towers to meet telecommunications needs, including the co-location of antennae on existing towers and the use of alternative technologies. (4) On August 19, 1997, the Federal Communications Commission issued a proposed rule, MM Docket No. 97-182, which would preempt the application of State and local zoning and land use ordinances regarding the placement of telecommunications towers. It is in the interest of the Nation that the Commission not adopt this rule. (5) It is in the interest of the Nation that the second memorandum opinion and order and notice of proposed rule making of the Commission with respect to application of such ordinances to the placement of such towers, WT Docket No. 97-192, ET Docket No. JV AHochme4 t Z 93-62, and RM-8577, be modified in order to permit State and local governments to exercise their zoning and land use authorities, and their power to protect public health and safety, to regulate the placement of telecommunications towers and to place the burden of proof in civil actions relating to the placement of such towers on the person or entity that seeks to place, construct, or modify such towers. (b) PURPOSES- The purposes of this Act are as follows: (1) To repeal the limitations on the exercise of State and local authorities regarding the placement, construction, and modification of personal wireless service facilities that arise under section 332(c)(7) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)). (2) To permit State and local governments to regulate the placement, construction, and modification of such facilities on the basis of the environmental effects of the operation of such facilities. (3) To prohibit the Federal Communications Commission from adopting rules which would preempt State and local regulation of the placement of such facilities. SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF CERTAIN TELECOMMUNICATIONS FACILITIES. (a) REPEAL OF LIMITATIONS- Section 332(c)(7)(B) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)) is amended-- (1) in clause(i), by striking 'thereof--' and all that follows through the end and inserting 'thereof shall not unreasonably discriminate among providers of functionally equivalent services.'; (2)by striking clause(iv); (3) by redesignating clause(v) as clause (iv); and (4) in clause (iv), as so redesignated, by striking the third sentence and inserting the following: 'In any such action in which a person seeking to place, construct, or modify a tower facility is a party, such person shall bear the burden of proof.'. (b) PROHIBITION ON ADOPTION OF RULE- Notwithstanding any other provision of law, the Federal Communications Commission may not adopt as a final rule the proposed rule set forth in 'Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities', MM Docket No. 97-182, released August 19, 1997. 8 aHQch""„ a 3 Transmission Towers .Provide Alternative for Wireless Transmitters Communities across North Carolina have seen a tremendous demand for communications towers as the market for cellular telephones and other wireless technologies has grown. Because demand for wireless telephones is growing at a rapid t pace, more towers are being built in suburban and rural areas. ' Towers in such areas are often opposed by neighborhood groups and rural residents who don't want the towers--which usually range in height from 60 to 300 feet--looming over �~ streets, homes, and treasured landscapes. t In response to citizen concerns, many cities and counties have retooled their zoning ordinances to control tower proliferation ~ and protect neighborhoods and other sensitive areas. s While wireless communications providers prefer to have their J ` own tower sites, controversy and delays have made other I� alternatives more attractive. Recently, Duke Power, Carolina Power and Light, and other electrical utilities have begun to lease space on their electrical transmission towers to wireless communication firms. The photo shows wireless communication transmitters on a Duke-owned electrical transmission tower in Durham County. . 1 9 612 452 6096 FROM : Joan Woessner EXCEL REP PHONE NO. : 612 452 6096 Feb. 24 1998 07:46AM P1 Woessner 1268 Dunberry Lane, Eagan, MN 55123-1808 FAX Date: 2/21/$8 Number of pages Including cover sheet: 2 To: From: Eagan City Council Tom &Joan Woessner 3830 Pilot Knob Road 1268 Dunberry Lane Eagan, MN 55122 Eagan, MN 55123 Phone: Phone: 612/452-6096 Fax phone: 6814694 Fax phone: 6121452-0479 CC: REMARKS: ® Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment RE: Case number 34-CU-1"7-97 Dear Council Members: Please be informed that we are unable to attend the council meeting on the above referenced case. In our absence please accept this letter as our voice of opposition toth is case. We are TOTALLY opposed to approval of the conditional use permit to allow a wireless communication antenna at the Parkview Golf Course in its current format. Construction of this type of antenna is not conducive to this area. It would be a real intrusion and detract from the natural beauty provided by the park, golf course and residential environment of the area. The construction of an antenna in this area is completely contrary to all the reasons that we choose Eagan as our home. We sincerely hope that the City Council will listen to and support our concerns since we are within the prescribed area of 1310 Cliff Road and received notice of the Public Hearing to be held tonight. We would recommend placing the antenna in the southeast corner of the golf course property as a solution to this problem. It would then be well away from any residences. Please see page 2 of this fax. Thank you. Sincerely, r �9� 612 737 2759 02/24 '98 09:49 ID:PHORM CNTLRS 275-3E-04 FAX:612-737-2759 PAGE i Dear Sir: I am writing to express my concern related to the proposed construction of an AT&T wireless service tower on the Parkview Golf Course near my home. In my assessment putting a structure of this type in close proximity to a housing development will have nothing but a negative impact on the homes and the lives of the people living in those homes. One of the beauties of this area is the lack of above ground electrical devices. This obviously would have an impact on that. I know that this subject has been before the zoning commission in the past and was defeated. I am hopeful that the commission and the city again will be able to withstand the pressure being put on by AT&T. 1 am all in favor of progress, being a professional engineer myself, but I also feel that this type of structure can find a home elsewhere in Dakota County thereby protecting our rights and providing AT&T the improved capabilities that they are looking for. My name, address and telephone number is Eric Jensen 4614 Parkridge Drive Eagan, Minnesota 55123 612-452-9496 91Z Agenda Information Memo March 2, 1998 Eagan City Council Meeting B. WAIVER OF SUBDIVISION.COMPREHENSIVE GUIDE PLAN AMENDMENT REZONING CENTRES GROUP EAGAN LTD ACTION TO BE CONSIDERED: • To approve or deny a Waiver of Subdivision for Lot 1, Block 1 Park Center Second Addition to create a .6 acre parcel to be combined with Park Center 6' Addition subject to the conditions listed in the APC Minutes. • To approve or deny the Comprehensive Guide Plan Amendment of .6 acres from DIII to Commercial Plan Development. • To approve or deny a Rezoning of.6 acres from R4 to Planned Development is part of the Regal Cinema Park Center 6'Addition Planned Development. FACTS: • A condition of the Planned Development approval required the developer to obtain control of the subject .6 acre parcel to enable them to have enough property to provide parking at a 4 to 1 ratio should the need arise. The HRA was not interested in a lease arrangement with the developer but preferred to sell the parcel. The .6 acre parcel is an undeveloped portion of the HRA senior housing site that is not needed for the future phase II on the senior housing site. • The .6 acre site is not proposed to be developed but rather will be shown as a"proof of parking"area should the theatre parking needs exceed what the developer anticipates. There is a limited amount of grading proposed for the southern edge of the .6 acre parcel but no parking will be constructed at this time. • The rezoning and the guide plan amendment are essentially academic in that they are necessary to combine .6 acre HRA property with the 9.9 acre theatre site for consistency purposes. • At the regular meeting of February 24, 1998, the Advisory Planning Commission recommended approval of these applications subject to the conditions listed in the Advisory Planning Commission Minutes. ATTACHMENTS: • APC Minutes, pages through • Staff Report, pages 11,-through�-. 1f3 612 432 3780 SENT BY: 2-27-98 : 13:00 SEVERSON SHELDON- 681 4694:# 31'21 Page 4 February 24, 1998 ADVISORY PLANNING COMMISSION r. '1 ii COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & WAIVER OF SUBDIVISION CENTRES GROUP EAGAN, L.T.D. Commission Chair Hey] opened the next public hearing of the evening regarding a Centres Group Eagan is requesting a Waiver of Subdivision to separate a .6 acre portion from the HRA site to combine with the theater site, a Rezoning and a Comprehensive Guide Plan Amendment to change the R-4/D-111 designation to Planned Development and Commercial Planned Development to be consistent with the balance of the theater site (Park Center 6th Addition) located on Outlot D, Park Center, and Lot 1, Block 1, Park Center 5th Addition, noith of Cliff Road, west of Cliff Lake Road in the SE 1/4 of Section 30. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report dated Februaly 13, 1998. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Ridley explained that the action was consistent with the City's requirement to provide for enough area for parking in connection with the movie theater proposed on the adjacent property. The applicant noted his appearance and stated that he would be available for questions_ Member Carlson expressed her concern about the tree preservation and its relation to potential parking. The applicant expressed his concern to save as many trees as possible and that any grading of the area to provide for additional parking will be done in an attempt to save as many trees as possible. Member Bakken moved, Member Frank seconded, a motion to recommend approval of a Centres Group Eagan is requesting a Waiver of Subdivision to separate a .6 acre portion from the HRA site to combine with the theater site, subject to the following conditions: I. Prior to any grading to accommodate parking being constructed in this .6 acre area, the developer shall provide a Tree Preseivation/Mitibation plan for review and approval by City staff. 2. The .6 acre parcel shall be incorporated into the Park Center Sixth Addition Final Subdivision and platted. All voted in favor. � � y 612 432 3780 SENT BY: 2-27-98 : 15:01 SEVERSON SHELDON- 681 4694:# 6/21 Page 5 February 24, 1999 ADvisURY PLANNTNG COMMISSION Member Bakken moved, Member Frank seconded, a motion to recommend approval of a Centres Group Eagan is requesting a Rezoning to change the R-4/D-III designation to Planned Development and Commercial Planned Development to be consistent with the balance of the theater site (Park Center 6th Addition) located on Outlot D, Park Center, and Lot 1, Block 1, Park Center 5th Addition, north of Cliff Road, west of Cliff Lake Road in the SE 1/4 of Section 30. All voted in favor_ Member Bakken moved, Member Frank seconded, a motion to recommend approval of a Centres Group Eagan is requesting a Comprehensive Guide Plan Amendment to change the R-4/13-111 designation to Planned Development and Commercial Planned Development to be consistent with the balance of the theater site (Park Center 6th Addition) located on Outlot D, Park Center, and Lot 1, Block 1, Park Center 5th Addition, north of Cliff Road, west of Cliff Lake Road in the SE 1/4 of Section 30. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 13, 1998 CASE:30-WA-01-01-98 APPLICANT: Centre Group Eagan, L.P. HEARING DATE: Feb. 24, 1998 PROPERTY OWNER: Dakota County HRA PREPARED BY: Michael Ridley REQUEST: Waiver of Subdivision, Rezoning& Comp Guide Amendment LOCATION: Lot 1, Block 1,Park Center Second Addition COMPREHENSIVE PLAN: D-III, Multiple Residential (6-12 u/ac) ZONING: R-4, Multiple SUMMARY OF REQUEST Centres Group Eagan is requesting a Waiver of Subdivision to separate a.6 acre portion from the HRA site to combine with the theater site, a Rezoning and a Comprehensive Guide Plan Amendment to change the R-4/13-III designation to Planned Development and Commercial Planned Development to be consistent with the balance of the theater site (Park Center 6"'Addition) located on Outlot D, Park Center, and Lot 1, Block 1, Park Center 5 h Addition, north of Cliff Road, west of Cliff Lake Road in the SE 1/4 of Section 30. AUTHORITY FOR REVIEW In the case of Variances and Waivers, Chapter 13, Section 13.40, Subd. 3 (D) states that the council shall determine that the special conditions applying to the structures or land in question are particular to such property and do not apply generally to other land or structures in the district,that the granting of such variance or waiver will not be contrary to the intent of the chapter and the comprehensive guide plan, and that the granting of such variance or waiver will not merely serve as a convenience, but is necessary to alleviate a demonstrable hardship or difficulty. BACKGROUND/HISTORY The Park Center Planned Development was created in 1989 and was planned for 86,000 s.f of retail. Since that time the Planned Development has undergone a few amendments. In 1993 it was amended to accommodate a fast food restaurant(Taco Bell)and an 82,100 s.f. retail strip center and a 4,500 s.f. Class I restaurant. TCF Bank amended the planned development in 1995, the project included a TCF Bank(5,300 s.f),a 195-seat restaurant; and two retail buildings totaling 67,810 s.f. Most recently, the City Council approved another PD amendment to allow a 16-plex cinema on the remaining Park Center property. A condition of that approval required the developer to obtain Planning Report - Waiver February 24, 1998 Page 2 control of the subject .6 acre parcel to enable them to have enough property to provide parking at a 4:1 ratio should the need arise. EXISTING CONDITIONS The main site (Outlot D, Park Center Addition) has been previously graded and is relatively flat with no wetlands. Outlot D is the last undeveloped portion of the Park Center Planned Development. The .6 acre parcel is an undeveloped portion of the HRA senior-housing site that is not needed for the future phase two of the senior housing site. This portion of the site is heavily wooded and contains some grade change. SURROUNDING USES: The following existing uses, zoning, and comprehensive guide plan des subject property: designations surround the subje g P P rh'. North- Rahn Park; zoned and guided P - Park. South - Taco Bell, Walgreens, vacant commercial property; zoned PD; guided CPD. East - Cliff Lake Shopping Center; zoned PD; guided CPD. West - Eagan Senior Housing; zoned R-4; guided D-III; and Blockbuster Video and Boston Market zoned PD; guided CPD. EVALUATION OF REQUEST Waiver of Subdivision: The waiver will separate the .6 acre parcel from the HRA site and the developer will then combine it with the 9.9 acre planned development site for a total theater lot size of 10.5 acres. Parkin —The .6 acre site is not proposed to be developed but rather will be shown as a `proof of parking' area that will be available if the theater parking needs exceed what the developer anticipates. Gradin —There is a limited amount of grading proposed for the southern edge of the .6 acre parcel but the developer is not proposing to construct any parking on this portion of the site. Tree Preservation—If parking is to be constructed in this area at some point in the future,the developer should provide a Tree Preservation/mitigation plan for review and approval by City staff. The City Forester examined the .6 acre site and made the following determination. The proof of parking site contains 39 significant trees and 1 specimen tree (one oak measuring 37"). Full development of this area will likely result in the loss of 34 trees. Mitigation for this tree removal would be 56-category B trees or cash mitigation. Planning Report - Waiver February 24, 1998 Page 3 Rezoning and Comprehensive Guide Amendment: The rezoning and Guide Plan amendment are purely academic in that they are necessary to combine the .6 acre HRA property with 9.9 acre theater site for consistency purposes. These actions will have a negligible impact, if any, on the immediate area and the overall commercial land stock within the city. SUMMARY/CONCLUSION The proposed Waiver, Rezoning, and Comprehensive Guide Amendment appear compatible with surrounding development and the theater approved late last year. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Waiver of Subdivision for Lot 1, Block 1, Park Center Second Addition to create a .6 acre parcel to be combined with Park Center Sixth Addition subject to the following conditions: 1. Prior to any grading to accommodate parking being constructed in this .6 acre area, the developer shall provide a Tree Preservation/Mitigation plan for review and approval by City staff. 2. The .6 acre parcel shall be incorporated into the Park Center Sixth Addition Final Subdivision and platted. B. To recommend approval or denial of a Rezoning of.6 acres from R-4 to Planned Development as part of the Regal Cinema Park Center Sixth Addition Planned Development. C. To recommend approval or denial of a Comprehensive Guide Plan Amendment of.6 acres from D-III to Commercial Planned Development. MANCIAL OBLIGATION—30-WA-01-01-98 10-56701-010-01 There are levied assessments with an unpaid balance of$0 which will be allocated to the parcels created by this waiver of plat. The financial obligation is subject to change based upon the areas and dimensions of the parcels contained in the final waiver. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's current fee schedule and availability of the City's utility system. Improvement Use Rate Quantity Amount Storm Sewer Trunk C/I .021/sq ft 26,738 sq ft $ 561 Water Availability Charge C/I $2,955/Ac .61 Ac 1,803 Total 2 364 The above financial obligation is provided for informational purposes only. This obligation will be collected as a condition of the Park Center 6h Addition. City of Eagan Location D �' ��Y k'�t►�. w��V CD r+� '�� �u�� ��-ri��� �•:,�©�CC� �'�E���ay���� ��� mE� ti�i c�ri ��1 nO •�C'GCG' ' C� XS N..1 N ��17 Lump, G���Z»fir o3� 3�iG tNGSr� rl Mao All.ir Es o VSs SI IKJ ®� n .. s 0 •� ►`I+ oto ���' ��+�hn `:�� ., � � `� � •�-�•'�: �'� -� a- 1� 1111 +city of Eagan Zoning Map IN mNONNI TO � ■ �■■■■1111111► ,, _ �' HE Current Zoning R-4 Residential Multiple Centres � � � � � ,��;�si� �►� .� ■111 Group Case No. 1 1000 0 1000 Fed +Cityof Eagan Comprehensive • ��1111 ■ Ron _ = El No *I S a] t��t► Guide • • Mixed Residential (6-12 units/acre) GroupCentres I1 Case No. 1 1 1 • s Sfig,se- d f 1s � ; ill 000 .11il I III F" MAPS MwFnA.ie� �aqa C € qpp a' dfi51 .:iP Wiwi aaz p eas,epRgatl�ee� BOWIEal VA 110 tv 4� SP4a #B5!AI ftp•' ?3 rS�S€#ea. �. '4sr'K S' § 'R a"'+fi`,E�; '&6� :at R .,P',Ik"aRa iF{:'nb 3p':RkB #F A ISY uP l €B I 3 � n 2 S P^£ ,til • � i ` \ J aPo►a ;as 1.X I �3P f(` ij ,B tt All P � 7 of 14 i --- -- r----- 7 40 01tt f aP ��ii 17 +J/ Mfi jai Ix...�.: ;r"hcP17 II V E�EQ� I x103 ZW - C. a� � a�•F � t `°�•�E ► _ �� _ gnu g : P t_ 4 g r 4c PIC, e0Eea4� f as OL _� css >✓_ _- —. li it I��-a� ;y r ! . r i a ' cp AD a �tAfi i C� IL i �FG V J 113—111 Agenda Information Memo March 2, 1998 Eagan City Council Meeting C. FINAL SUBDIVISION & FINAL PLANNED DEVELOPMENT—PARK CENTER SIXTH ADDITION ACTION TO BE CONSIDERED: • To approve the Final Subdivision for Park Center Sixth Addition consisting of one lot on approximately 10.5 acres located north of Cliff Road and west of Cliff Lake Drive in the southeast quarter of section 30. • To approve the Final Planned Development for Park Center Sixth Addition consisting of one 16 screen cinema and associated parking. FACTS: • The staff anticipates all documents to be signed and in order for execution at the regular City Council meeting on March 2, 1998. ATTACHMENTS: • Final Plat drawing,page��. Pf , 'r yt� sr8 {all is ___ _ -_ _ _�_ _ _ _ _ _•jam_ Z s� O O �,`, e �. Ud Im er v+ Ic�l l ✓ j \ MI it {� + rylYrl �`�J v 1 \ � I I � `�,� ��� V xT u LU ---------- j W 11 1 I (fi 11 ' I � I � N �� ►,J r of 1�j F- ' ---- ---------J L-------- --! t . A1R StiiLNte t=_�il�_�./ ll c] v c �c. PEE Agenda Information Memo March 2, 1998 Eagan City Council D. PLANNED DEVELOPMENT AMENDMENT—LOT 1. BLOCK 2 EAGANDALE CENTER INDUSTRIAL PARK NO. 9 (COMMONWEAL DEVELOPMENT) ACTION TO BE CONSIDERED: > To approve or deny a Planned Development Amendment to allow construction of a 83-85 room hotel and a Class I restaurant on 3.79 acres at the southwest corner of Lexington Avenue and Lone Oak Road in the NE '/4 of Section 10, legally described as Lot 1, Block 2, Eagandale Center Industrial Park No. 9. FACTS: > The existing Planned Development for this property was approved in 1988 and called for office or retail use on this site. The applicant proposes a hotel and a class I restaurant. > The hotel is proposed at the east end of the property, with the main entrance oriented to the north. A future expansion of the hotel is also shown at the northeast end of the hotel. A building footprint and parking lot layout is shown for the restaurant. > Final Planned Development approval for the restaurant will be required and detailed plans for the restaurant would be reviewed at that time for consistency with the hotel and the approved preliminary development plans. > The Advisory Planning Commission held a public hearing on February 24, 1998. The APC recommended approval of the Planned Development Amendment subject to the conditions in the minutes. ISSUES: > The APC added a condition to increase the amount of landscaping on the site with the revised landscape plan subject to staff review and approval. The APC also added a condition regarding the siding indicating that the building architecture and materials should blend better with surrounding buildings and utilize brick, EIFS (exterior insulation finish system) or stucco instead of the proposed vinyl lap siding. > Deviations from typical Zoning Code performance standards include the building setback on the east side (35 feet instead of 50 feet from Lexington Avenue right-of-way), a detached trash enclosure and a net shortage of five parking stalls over the development site. ATTACHMENTS: February 24, 1998 APC Minutes, pagesthroughc269 Staff Report,pages,f Q through( ao � 612 432 3780 SENT BY: 2-27-98 : 13=02 SEVERSON SHELDON- 681 4694:#10!21 Page 9 February 24, 1998 ADVISORY PLANNING COMMISSION PRELIMINARY AND FINAL PLANNED DEVELOPMENT COMMONWEAL DEVELOPMENT CORPORATION Commission Chair Heyl opened the next public hearing of the evening regarding a Preliminary and Final Planned Development to construct a three story, 83 to 85 unit Microtel hotel, and a Class I restaurant, possibly with on-sale Iiquor, on 3.8 acres on the southwest corner of Lone Oak Road and Lexington Avenue. The site is located in the northeast 1A of Section 10, and is currently platted as Lot 1, Block 2, Eagandale Center Industrial Park No. 9. Planner Dudziak introduced this item. Ms. Dudziak highlighted the infonnation presented in City staffs planning report dated February 19, 1998. Ms. Dud7.iak noted the background and history, the surrounding uses and the existing conditions of the subject property. Stuart Schaefer, a representative of the applicant, addressed the Commission and explained that the deviation in pas-king was due to the limited number of employees they require and that the attached trash enclosure would reduce the number of units and that other motels in the area had detached trash facilities. Mr. Schaefer also stated that they would review the noise regulations to insure the comfort of their guests. Mr. Schaefer indicated that the proposed restaurant would be a sit-down family facility but that they had no present operator in mind. No one from the public addressed the Commission. Member Frank believed that the trash and setback deviations were reasonable, but expressed a significant concern with the proposed siding material. Member Steininger agreed_ In response, the applicant indicated that they would consider an alternative but they had been attempting to create a residential style to their building. Member Carlson expressed concern with the landscaping plan. Other Members of the Commission agreed and suggested that the applicant address the east side of the parcel with additional landscaping. Member Steininger moved, Member Carlson seconded, a motion to recommend approval of a Preliminary and Final Planned Development to construct a three story, 83 to 85 unit Microtel hotel, and a Class I restaurant, possibly with on-sale liquor, on 3.8 acres on the southwest corner of Lone Oak Road and Lexington Avenue. The site is located in the northeast '/, of Section 10, and is currently platted as Lot 1, Block 2, Pagandale Center Industrial Park No. 9, subject to the following amended conditions: p2��' G12 432 3780 SENT BY: 2-27-98 : 15:02 SEVERSON SHELDON 681 4694:#11!21 Page IO February 24, t998 ADVISORY PLANNING COMMISSION 1. A Planned Development Agreement shall be executed for this site. A separate Final Planned Development Agreement will need to be completed for Phase 1I. The following exhibits are required for the Final Planned Development Agreements. Final Site Plan Final Phasing Plan Final Landscape Plan Final Signage Plan Final Lighting Plan Final Building Elevations Plan 2. The term of the Planned Development shall he five years. 3. The property should be subdivided and replatted prior to construction of phase 2 (the restaurant) of the development. 4. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 5. This Planned Development approves a 35-foot setback of the hotel building; from the Lexington Avenue road right-of-way easement for Lexington Avenue. 6. The building architecture and materials of the hotel shall be stucco, ElFS or masonry. 7. One ground sign and one monument sig are approved in the locations shown on the site plan. All signage shall comply with the provisions of the City Sigh Code. S. Runoff from the parcel shall be directed to Pond DP-3.3, which contains sufficient wet pond volume to meet water quality treatment requirements for this development. 9. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 50 dBA as compared with a noise level of 70 DNL_ l0. The applicant shall submit a revised landscaping plan per the suggestions in the City's planning report and provide for a landscape screen on the east side. All voted in favor. �� 9 PLANNING REPORT CITY OF EAGAN REPORT DATE: February 19, 1998 CASE: 10-FD-01-01-98 APPLICANT: Commonweal Development HEARING DATE: February 24, 1998 PROPERTY OWNER: Alscor Investors Joint Venture PREPARED BY: Pamela Dudziak REQUEST: Planned Development Amendment LOCATION: SW corner of Lexington Ave. and Lone Oak Rd. COMPREHENSIVE PLAN: IND—Limited Industrial ZONING: PD—Planned Development SUMMARY OF REQUEST Commonweal Development is requesting approval of a Planned Development Amendment to construct a three story, 83 to 85 unit Microtel hotel, and a Class I restaurant,possibly with on-sale liquor, on 3.8 acres on the southwest comer of Lone Oak Road and Lexington Avenue. The site is located in the northeast 1/4 of Section 10, and is currently platted as Lot 1, Block 2, Eagandale Center Industrial Park No. 9. AUTHORITY FOR REVIEW Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUNDMISTORY In 1988, a Planned Development was approved for this property which provided for office or retail use. The proposal by Commonweal is a two-phase development. Phase 1 is a Microtel hotel on the 0216 Planning Report— Commonweal Development February 24, 1998 Page 2 easterly two acres of the lot, and phase 2 is a future 6,450 square foot sit-down restaurant on the westerly portion of the site. EXISTING CONDITIONS The property is open with no significant vegetation. The site slopes from northwest to southeast with an elevation change of approximately 14 feet. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Residential, zoned A(Agricultural), guided IND (Limited Industrial); and Acorn Mini- Storage, zoned I-1 (Limited Industrial), guided IND (Limited Industrial) South - Vacant, zoned PD (Planned Development), guided IND (Limited Industrial) East - Lexington Commerce Center, zoned I-1 (Limited Industrial), guided IND (Limited Industrial) West - Homested Village, zoned PD (Planned Development), guided IND (Limited Industrial) EVALUATION OF REQUEST Description of Proposal—Commonweal is proposing development of an 83-85 room Microtel Inn on the eastern portion of the site, and a 6,450 square foot class I restaurant,possibly with on-sale liquor on the western portion. Microtel is described by the applicant as a rooms only,high quality, lodging concept targeting business and short stay family travelers. The applicant's narrative indicates that the motel will be staffed 24 hours a day, 365 days a year. A specific restaurant user has not been identified,but the applicant indicates it will be a sit-down full service restaurant. Subdivision of the parcel is not proposed at this time, however, the plans show potential for subdivision in the future. The plans also show the potential for future expansion of the proposed Microtel Inn. Compatibility with Surrounding Area- Surrounding industrial (Lexington Commerce Center) and commercial uses (post office, Crate Prospects, Homestead Village), appear compatible with the proposed uses. Airport Considerations—The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in northern Eagan place the subject property within Noise Zone III. In Noise Zone III, a transient lodging use would be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will ensure an Planning Report — Commonweal Development February 24, 1998 Page 3 interior sound level of 50 dBA as compared with the noise level at the inner boundary of the noise zone, in this case 70 DNL. The developer cannot be required to provide greater noise attenuation than is indicated. The developer may wish to consider a higher level of attenuation, however, for the comfort of the hotel guests. As a comparison, if an actual residential property were considered in this noise zone, it would need to meet an interior sound level of 45 dBA. Lots—The existing lot is 3.79 acres. The proposed hotel would use 2.09 acres, and 1.7 acres would remain for the restaurant. The property should be subdivided and replatted prior to development of phase 2 (the restaurant). Setbacks—Typical building setbacks that would be required in a commercial zoning district would be 50 feet from both the north and east lot lines adjacent to major thoroughfare), 30 feet ( J J from the west lot line adjacent to Denmark Avenue, and 20 feet from the side and rear lot lines. Typical minimum parking setbacks are 20 feet from a public right-of-way and five feet from side and rear lot lines. Except on the east side, this proposed development meets or exceeds these setback requirements. Because Dakota County has a 15-foot roadway easement along the east side of this site to complete a 75 foot half right-of-way for Lexington Avenue, the building setback is measured from the right-of-way easement rather than the property line. Consequently, although the hotel building is 50 feet from the east property line, it is set back only 35 feet from the Lexington Avenue roadway easement, which deviates from typical code requirements. Building/Architecture - The main entrance of the three-story building is oriented to the north. The architecture is quasi-residential and utilizes vinyl siding in light gray with white trim and windows, and an asphalt shingle roof in dark gray. Signage—Wall signage is proposed on the north and west building elevations. A shared pylon sign is proposed on the north central part of the site, and a monument sign is proposed at the northwest corner of the site by Denmark Avenue. A directional sign for the hotel is proposed at the driveway on Denmark Avenue. The City's Sign Ordinance generally does not allow the location of both a monument sign and a pylon sign on the same lot, however, it does allow one free-standing sign for each building, and this development includes two buildings. With future subdivision of this parcel, the setback of the pylon sign from the new property line should be a minimum of ten feet, and a cross easement for joint use of the pylon sign will be necessary. Parking—The Zoning Code specifies minimum parking for a motel or hotel at one stall for every unit, plus one stall for each eight units. Class I restaurants require one stall for each three seats based on design capacity. At 85 rooms, the proposed hotel would require 96 parking stalls. The future 18-room expansion would require another 20 parking stalls for a total of 116 stalls. Based on an estimated 330 seats for the restaurant, a total of 110 parking stalls would be required to support that use. The site plan shows 108 parking stalls being provided for the hotel and 113 for the restaurant. As compared to Zoning Code requirements, the amount of parking provided is slightly less for c?, /C�I Planning Report — Commonweal Development February 24, 1998 Page 4 the hotel, and slightly more for the restaurant. Overall the development is a net five stalls short of typical Code requirements. Standard parking stalls are shown ten feet wide. Trash Enclosure—The trash enclosure is proposed to be detached from the main hotel building, and located at the southeast end of the lot. This deviates from typical Zoning Code standards, which required the enclosure to be attached to the principal building. Other design elements of the enclosure satisfy typical Code standards. The enclosure is six feet in height and walls will be split face concrete block in a color to match the principal building. Landscaping—The amount of plant material is somewhat sparse as measured by 3% of the estimated building value. However, the screening requirements of the landscape ordinance appear to be met and the perimeter of the site appears fairly well landscaped with a variety of shrubs and trees. The east side of the lot contains a few coniferous trees and additional plant material could be added in this area, but is not required for screening purposes. The developer could also add additional plant materials in the yard area between the north side of the building and the parking lot. The trees on the east side of the property should be kept outside the roadway easement and placement of evergreen trees should be reviewed to ensure adequate growing room so as not to interfere with parking lots, trails, or rights-of-way as the trees mature. Li htin — The site lighting plan is acceptable. Several 30-foot light standards are proposed with light fixtures are aimed directly downward. Grading—The preliminary grading plan is acceptable. The existing site generally slopes from northwest to southeast and is open. Elevations range from 896 in the northwest to 880 in the southeast corner of the site. The first floor elevation of the proposed building will be approximately six feet in elevation above Lexington Avenue and three feet above Lone Oak Road. The developer is proposing to grade the entire site in anticipation of future subdivision of the property. Storm Drainaze— The preliminary storm drainage plan is acceptable. Existing storm sewer was previously stubbed to the southeast corner of the site. The storm sewer drains to Pond DP-3.3, an existing storm water basin south of the development at the northwest comer of Clubview Drive and Lexington Avenue. Wetlands/Water Quality - This development is located in the LeMay Lake watershed and will generate runoff which will discharge to Pond DP-3.3, a designated stormwater management basin. The basin contains sufficient wet pond volume to meet treatment requirementsuirements for approximately 18 acres of commercial/industrial development, including this development. Thus, water quality treatment requirements for this development have been met. Runoff from the parcel should be directed to Pond DP-3.3, which contains sufficient wet pond volume to meet water quality treatment requirements for this development. There are no jurisdictional wetlands within the parcel. 013 Planning Report —Commonweal Development February 24, 1998 Page 5 Utilities—The preliminary utility plan is acceptable. Sanitary sewer is available in the southeast corner of the development. A water main stub is available for connection along the west edge of the site. Streets/Access/Circulation—Public street access is proposed from an existing driveway entrance onto Denmark Avenue to the west. Restricted road access was dedicated to Dakota county along Lone Oak Road (County Road 26) and Lexington Avenue (County Road 43) when Eagandale Center Industrial Park No. 9 was platted and therefore, no street access is proposed from either of these roads. Tree Preservation—There are no tree preservation issues with this development. Parks and Recreation - This development will be subject to a cash parks dedication and a cash trails dedication payable at the time of building permit. SUMMARY/CONCLUSION The proposed development replaces a PD that called for office and retail uses on this site to a hotel and restaurant. Surrounding industrial and commercial uses appear compatible with the proposed uses. The site plan was designed to accommodate future subdivision of the property and should be subdivided prior to phase 2 development. The development appears consistent with typical zoning code requirements, but deviates from those standards in three areas: 1) parking for the ultimate development is five stalls short, 2) the trash enclosure for the hotel is detached, and 3) the building setback from Lexington Avenue right of way is 35 rather than 50 feet. Also, the property is within Airport Noise Zone III, and construction methods should be employed to reduce interior noise levels. ACTION TO BE CONSIDERED To recommend approval or denial of a Planned Development Amendment for a two-phase development consisting of an 85-unit hotel with the potential for an 18-unit future expansion, and a Class I restaurant, possibly with on-sale liquor, on Lot 1, Block 2, Eagandale Center Industrial Park No. 9, at the southwest comer of Lone Oak Road and Lexington Avenue in the NE '/4 of Sec. 10. If approved, the following conditions should apply: 1. A Planned Development Agreement shall be executed for this site. A separate Final Planned Development Agreement will need to be completed for Phase H. The following exhibits are required for the Final Planned Development Agreements. • Final Site Plan • Final Phasing Plan • Final Landscape Plan • Final Signage Plan • Final Lighting Plan • Final Building Elevations Plan a/� Planning Report —Commonweal Development February 24, 1998 Page 6 2. The term of the Planned Development shall be five years. 3. The property should be subdivided and replatted prior to construction of phase 2 (the restaurant) of the development. 4. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 5. This Planned Development approves a 35-foot setback of the hotel building from the Lexington Avenue road right-of-way easement for Lexington Avenue. 6. The building architecture and materials of the hotel shall be consistent with the building elevation plans dated January 21, 1998, last revised February 4, 1998. 7. One ground sign and one monument sign area approved in the locations shown on the site plan. All signage shall comply with the provisions of the City Sign Code. 8. Runoff from the parcel shall be directed to Pond DP-3.3, which contains sufficient wet pond volume to meet water quality treatment requirements for this development. 9. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 50 dBA as compared with a noise level of 70 DNL. a �_57 +City of Eagan Location Ma p � . , . � 16 U3 WTI : W.HGJ6(LONE OM ftom) CA .0.ri(L"=0 Rv.E o � r JU I ED W3 Subject Site NED IO W73 P 400 0 400 800 1200 Fee Commonwealth Development Corp. Preliminary and Final Planned Development Case No. 10-FD-01-01-98 City of Eagan Community Development Department *City of Eagan Zoning Map F-7)� _�✓ WAT PF A Odom& NB PD PD PD PD A P i I-1 1-1 1-1 4 1.1 Current Zoning PD Planned Development Commonwealth Development Corp. Case No. 10-FD-01-01-98 C; � ,000 o ,000 Feet City of Eagan Community Development Department 411-city of Eagan Comprehensive Plan Map P I IND Cd IND IND IND WAT I C IND I CPD IND iun LB IND IND 4 rIND a° IND Guide Plan Designation IND Limited Industrial Commonwealth Development Corp. Case No. 10-FD-01-01-98 6 ` ? 1000 0 1000 Foet City of Eagan Community Development Department 2 ----- - -- -- 2 � I I 4 ` 4 tell a °'' �-»„ DENMARK AVENUE ij3 [ I ` � IM70 -� f yi i �3 ... fee IRA .-- _<__ _ & ' ----------------- ib� 1 L- _7 ' `RQ00c ' >1. 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CX3 SITE LIGHTING too-Ect(slV lunw3•m�nn 10"9 IM'3 v-m nY3 u.ourq s we ! 3Aw0 Hurt BOS2UU1hUBf¢3aooMXYo one S31NVdWOm1131W0l3A30Y3MNY10J d83 NOSEIVI 6-ON)IJ¢d l¢��isnpul isjuso a N g ools-CtZ(909) i im 4oslovn O. alBpu¢6¢3�Z 31 018 l 301 uas a. Q a is1JIS 3130WNUT O"w15 T33I7p3H6 �� 1�3N7{<6 NNI 1310a3IW —� J6 Z-.lCl .r/t ll-$Zl .Zil C."s y L S Q 1 I I 8 a o g U. `v 9 8 n I � a £ & as w a v3 y b > m _ - a6ewlg r i i 1 - x - '4 4 l J AIM o o Z als J LL a � � o 3 O O e Q N N OI O _C Z Nr10� Q D Z;I ' 41 0� J 9 9 9 g CPO/ x 9 FLOOR PLAN Agenda Information Memo March 2, 1998 Eagan City Council Meeting E. ORDINANCE AMENDMENT- CITY OF EAGAN ACTION TO BE CONSIDERED: To approve or deny an amendment to Chapter 11, Land Use Regulations, by amending Section 11.10, Subdivision 30 regarding regulations of Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems. FACTS: • At their regular meeting of February 3, 1998, the City Council directed staff to prepare an amendment to the communication tower ordinance for the purpose of allowing the location of cellular antenna on existing utility structures regardless of the zoning district. • The draft ordinance allows commercial antennas to be located on public utility towers. • The Advisory Planning Commission held a public hearing on February 24, 1998 and recommended approval. BACKGROUND/ATTACHMENTS: Cover memo and revised ordinance, pages,Qi?�through 21. PC /�I�'n kreS ah/,04tC, -23- . MEMO - city of eagan TO: CHAIRPERSON HEYL ADVISORY PLANNING COMMISSION MEMBERS FROM: MIKE RIDLEY, SENIOR PLANNER DATE: FEBRUARY 18, 1998 SUBJECT: COMMUNICATION TOWER ORDINANCE At their regular meeting of February 3, 1998, the City Council directed staff to prepare an amendment to the communication tower ordinance for the purpose of allowing the location of cellular antenna on existing utility structures regardless of the zoning district. The existing communication tower ordinance does not allow commercial antennas in residential zoning districts. With the anticipated need for more and more coverage, permitting antenna to locate on existing utility structures, regardless of zoning district, would allow the communication industry to achieve their needs while still limiting the amount of additional freestanding monopoles within the city. Attached for your review is a copy of the draft ordinance amendment, prepared by the city attorney's office, that provides for antennas located upon public utility towers as a permitted use in all zoning districts subject to height requirements and performance standards for design of equipment buildings. If you have any questions, please do not hesitate to contact me at 681-4689. Senior Planner Attachment ;026 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDiNG E.=\(J,=\N CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.03, 1 LI 0, SUBD. 31 AND 11.20 REGARDING P[JFBLIC UTILITY TOWER MOUNTED ANTENi�`AE; AND BY ADOPTING BY REFERL:NCE EAGAN CITY CODE CHAPTER 1 AND SECTION . The City Council of the City of Ewan does ordain., Section 1. Ewan City Code Chapter l 1 is hereby amended by adding the following definition to Section 11.03 to read as follows: Sec. 11.03. Definitions. IjC 7�C l[ "Public utility Tower" - A permanent steel tower structure which is oNviled by the Cit} or a public utility corporation or cooperative and is designed and constricted to cane hig 1 voltage transmissloll lines and will bear the additional wei.Tht of an antenna as defined herein. Section 2. Eagan City Code Chapter i 1 is hereby amended by adding Section 1 1. 10, Subd. 31, B. 1. to read as follows- SLIM. 31. Antennae, Satellite Dishes, `Find Energy Conversion Systems and Towers. B.I. Public utility Tower Mounted Antennae. Public utility tower mounted antennae shall be a permitted use in all zoning districts of the City in which the public utility tower is located, subject to the following requirements: (1) The height of any antennae mounted to a public utility tower shall not exceed five (5) feet above the highest point of the Public utility tower. (2) .Accessory equipment associated with the antennae shall be located within an enclosure which shall not be yureater in area than 700 square feet and shall be designed and constructed of material and color scheme compatible �\ith accessory structures on the surrounding properties. Section I Enan City Code Chapter l 1 is hereby amended by adding Section 11.20, Subd. 3(A)(6), to read as follows: 6. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 4. Eagan City Code Chapter I 1 is hereby amended by adding Section 11.20, Subd. 4(A)(2) to read as follows: 2. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 5. Eagan City Code Chapter I 1 is hereby amended by adding Section 1 1 20, Subd. 5(A)(9) to read as follows: 9. Public utility tower mounted antennae, subject to the rey(Iulations thereof in this Code. Section 6. Ea,,an City Code Chapter 11 is hereby amended by chan�_in`g, Section 1 1.20, Subd. 7(A) to read as follows: A. Permitted Uses. Within any Public Facilities District, no structures 01- land rland shall be used except for one or more of the following uses or uses deemed similar by the Council: Public stlluctures, parks, plays-ounds, camp (,n-ounds, swlrllrnln T pools, tennis courts, golf cow-ses, churches, schools, hospitals, and building Mounted vltennae and satellite dish and an antennae on a City water reservoir tank or tower and public utility tower mounted antennae, subiect to the re`Tulations thereof in this Cocie. Section 7. Damn City Code Chapter 1 1 is hereby amended by adding Section 11.20, Subd. 9(B)(8) to read as follows: 7IC 7�f l[ 8. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 8. Ewan City Code Chapter 1 1 is hereby amended by adding Section 1 1 20, Subd. 10(B)(8) to read as follows: 8. Public utility tower mounted antennae, subject to the regulations thereof in tris Code. Section 9. Eagan City Code Chapter 1 1 Is hereby amended by adding Section 11.20, Subd. 11(B)(2 I) to read as follows.- 21. ollows:21. Public unlit}' tower mounted antennae, subject to the regulations thereof in this Code. Section 10. Ea;an City Code Chapter 1 I is hereby amended by adding Section 11.20, Subd. 12(B)(9) to read as follows: 9. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 11. Eagan Cite Code Chapter I 1 is hereby amended by adding Section 11.20, Subd. 13(B)(7) to read as follows: x � � 7. Public utility, to«'er mounted antennae, subject to the regulations thereof in this Code. Section 12. Eav,an City Code Chapter I I is hereby amended by adding Section 1 1.20, Subd. 14(B)(8) to read as follows: 8. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C Section 13. Eagan City Code Chapter 1 1 is hereby amended by adding Section 11.20, Subd. 16(B)(18) to read as follows: 18. Public utility tower mounted antennae, subject to the re"ulations thereof in this Code. Section 14. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 17(13)(5) to read as fellows: 5. Public utility toNVer mounted antennae, subject to the regulations thereof in this Code. Section 15. Eagan City Code Chapter I l is hereby_ amended by adding Section 1 1.20, Subd. 18(B)(6) to read as follows: 6. Public Utility Tower Mounted Antennae, subject to the regulations thereof in this Code. Section 16. Eagan City Code Chapter 1 1 is hereby amended by adding Section 11.20, Subd. 19(B)(8) to read as follows: 8. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 17. Eauan City Code Chapter I entitled "General Pro%isions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, ,23o entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 18. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY Or EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Ad�zsoiv Planning Commission Hearing: �31 612 432 3780 SENT BY: 2-27-98 : 15:06 SEVERSON SHELDON 681 4694:#24/21 Pegs l R February 24, 1998 ADVISORY PLANNING COMNUSSION CITY OF EAGAN ORDINANCE AMENDMENT Commission Chair Heyl opened the next public hearing of the evening regarding an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.10, Subd. 30 regarding regulations of "Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems" and by adopting by reference Eagan City Code Chapter rl and Section 11.99. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information present in his February 18, 1998 memorandum to the Advisory Planning Commission, Mr. Ridley reported that the proposed amendment which provides for antennas to be located upon public utility towers in all zoning districts with in the City. No one from the public appeared. Member Bakken moved, Member Carlson seconded, a motion to recoin►nend approval of an Ordinance Amendment to Chapter 1l entitled "Land Use Regulations (Zoning)" by amending Section I L 10, Subd. 30 regarding regulations of "Anterulae, Towers, Satellite Dishes and Wind Energy Conversion Systems and by adopting by reference Eagan City Code Chapter r 1 and Section 11.99. All approved in favor. �3� Agenda Information Memo March 2, 1998 Eagan City Council Meeting F. APPROVAL,PEG ACCESS MANAGEMENT REPORT AND DEFINITIVE AGREEMENT FOR TRANSFER OF PEG ACCESS RESPONSIBILITIES FOR MEREDITH CABLE TO THE BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION ACTION TO BE CONSIDERED: To approve or deny a recommendation by the Burnsville/Eagan Telecommunications Commission to approve the PEG Access Management Plan, subject to all parties reaching a final accord on the definitive agreement resolution attached to the management plan. FACTS: • At a joint meeting of the Burnsville and Eagan City Councils and Telecommunications Commission on October 28, 1997,the Councils approved the concept of transferring public, educational and governmental "PEG" access responsibilities from the cable company to the cities, or other designated entity, pending final approval of a management plan and associated documents. • The Telecommunications Commission set a deadline of completing their recommendations and transfer process by April 1, 1998. The Commission reviewed the management plan at its meeting of February 26, 1998. • The plan consists of: I.) Organization structure II.) Operations and management III.) 1998 budget and projected revenue IV.) Communications goals and measurements V.) Definitive agreement for transfer ISSUES: • As noted in the organizational structure section of the PEG Access Management report, assumption of PEG Access responsibilities will require changes to the joint powers agreement between the cities of Burnsville and Eagan. Because the agreement will also need to be updated at the time of franchise renewal later this year, it is staffs' recommendation that all joint powers agreement amendments be done at the same time following completion of the franchise renewal process. Agenda Information Memo March 2, 1998 Eagan City Council Meeting • The definitive agreement is still under discussion by staff and the cable company. If it is finalized by Monday evening's meeting, the agreement will be presented for signature at that time. If substantive changes are required, the item will be placed on a future agenda for Council consideration. ATTACEUgENTS: • PEG Access Management Report and Definitive Agreement on pages�hrough � PEG ACCESS ORGANIZATIONAL STRUCTURE In order for the PEG access operations to be transferred, it must be transferred to a singular, legally recognized entity. While the City of Burnsville or the City of Eagan would fulfill this requirement, there is not a City of Burnsville -Eagan. Therefore, the operations could be transferred to one City or the other, but not both. However, through the existing Joint Powers Agreement (JPA), which created the BETC, a legal entity was created under which the domain of the access operations could legally reside and still serve both Cities. (A non-profit would be the other option, but until such time that it is legal for the cities to establish a non-profit, a city established non-profit is not possible.) Based on a review of the legal options, it is staffs'recommendation that the access operations be transferred to the Burnsville/Eagan Telecommunications Commission. To do so would require structural changes to the current JPA. During the 14+years of the JPA's and Commission's existence, there have been numerous procedural changes to the Commission's and staff's role and functions. As such, staff had already intended to update the JPA in conjunction with the franchise renewal process. It would be staff's recommendation,pending Member Cities approval, to incorporate both the renewal and access operational changes to the JPA at the same time. The proposed changes to the JPA would delineate the powers of the Commission and staff, and their respective roles and responsibilities. The primary focus of the Commission would be policy advisory in the areas of PEG access, telecommunications and cable franchise enforcement, while staff would provide administrative, operations and management support to the Commission and Member Cities in the same areas. Examples of their duties are outlined as follows: BETC/POLICY STAFF/OPERATIONS • PEG Access Operational Policies • Coordinate PEG Access Operations • Public Access Volunteer User Rules& • Management/Administration of Local Guidelines Programming Equipment • Public and Gov't Access Programming • Management/Administration of BETC Policies Activities • Cable TV Franchise Compliance • Management/Administration of PEG Access • Cable TV Rate Review& Approval • Management/Administration of BETC & PEG Access Budgets • Cable TV Franchise Renewal • Public Access Volunteer Coordination • Telecommunications Planning Assistance • Produce Public & Gov't Access Programming, inc.Coverage of Gov't Mtgs • Telecommunications Issues& Activities The company would provide the PEG fee payment on a quarterly basis to each City, and it would be transferred to the BETC's PEG access budget. (See Budget Attachment for further detail.) This process would be similar to the company's payment of the franchise fees to each Member City, and the funding of the BETC budget. PEG Access Management Plan c23� 2 PEG ACCESS OPERATIONS & MANAGEMENT Staffing The six current Meredith Cable Burnsville/Eagan access staff would be offered their positions, or similar, effective immediately upon transfer. The arrangement for their personnel services would be the same as with the Member Cities' shared cable coordinator position, with Burnsville the official employer. (Burnsville won the toss.) The access staffs' wages have been reviewed, and compared to other similar local government positions metro wide, and have been adjusted accordingly. The employees would be incorporated into the Burnsville step-adjustment program. The staff would be eligible to receive the same benefits as other Burnsville employees. The intent of the access staff's job transfers is to minimize any impact the changes would have on personnel benefits, i.e., earned vacation, etc., and at the same time ensure they are paid a fair and equitable wage. There would be a one year transition period, during which time current Access Manager Mark Hotchkiss would provide daily operational management, with administrative oversight provided by Cable Coordinator Reardon, Deputy City Manager Hansen and Assistant to the City Administrator Hohenstein. During the transition phase, any staffing modifications would be based on assessed programming needs and staffing performance. Additionally, in order to accomplish the programming goals for both public and government productions, staff will also assess the demonstrated need to retain additional personnel, either on a contractual and/or part-time basis. Access Facility Location In order to ensure minimal disruption to access operations, there will be no changes to the current location of the access facility. The current lease expires in August of this year. Staff has reviewed the current lease offered by the landlord to ensure that its rent and overhead are comparable to similar rental space in the Burnsville/Eagan area. However, during the next year, staff will research other options that could reduce the rental expense. The options are few, and would have to outweigh the expense of relocating the studios and master control operations over the long term basis. In the interim, staff will negotiate a short term lease, and sublease the headend and customer service areas back to the cable company. Equipment Staff has prepared a detailed five-year equipment replacement plan for the public access operations. It includes the current equipment anticipated to require replacement during this period, as well as projections of technical upgrades and/or adaptations to accommodate programming needs and technological changes. Attached is the equipment plan summary with associated costs. The equipment replacement plan does not include the Member Cities individual equipment issues. They will continue to be handled by each City out of their retained franchise fees. The Member Cities will have available to them, the access staff's video technician position to provide maintenance, trouble-shooting, and equipment/replacement expertise. PEG Access Management Plan c 36 3 The funding for the public access equipment replacement is covered by the PEG fee, as stipulated in the PEG Memorandum of Understanding between the Cities and the cable operator. Attached is the Summary of Burnsville/Eagan Local Programming Equipment Replacement Expenses - Years 10-14 [of the franchise]. As noted in the report, there are $67,318 remaining in unspent funds. This amount will be transferred by the company to the access entity upon transfer of access responsibilities. It is staff's recommendation that an equipment replacement revolving fund be established, incorporating staff's five year replacement plan, and that these dollars be used as seed money to start the fund. The revolving fund will be apart of the PEG access annual operations budget. PEG Access Channels There are currently six access channels on the Burnsville/Eagan system. They are: public access/TV 15 (ch. 15), government (ch. 16), educational (ch. 60*), discrete (ch. 58B/E*), library (ch. 61*) and religious (ch. 57*). (*Without the use of a converter box, these channels are located in the bandwidth's upper spectrum.) With the transfer of PEG access, the Commission/Cities would assume the public access programming responsibilities of channels 15 and 58, and that there would be close coordination and cooperation between the access staff and each individual city to produce government programming. Future discussions will be required with the school districts to determine how closely the PEG access entity assists with providing programming assistance and/or funding. The remaining access channels would come under the umbrella of the access operation. It is recommended that the policy issues involving the educational, religious, and library channels, be researched more fully by the BETC, with their programming policy recommendations provided at a later date. Programming One of the assumptions behind the need for the PEG transfer, is that the community would be provided with more of the programming they are requesting. For example, the four subscriber surveys have continually demonstrated a high interest in"local community news and other information." In 1997, there was a record 600+local PEG programs made in the Burnsville/Eagan system. Approximately 75% of these programs were produced by volunteers. One of the biggest challenges the new access operations will have is to ensure a balance between the opportunity for the access volunteer to produce their programs and the ability for staff to provide the"community" programs that are not currently produced. For example, many of the local sporting events are produced by volunteers that require dedicated staff and equipment. While many of the "key" games are covered, there is not a policy that ensures equitable coverage of all events or schools. To ensure this balance will require adjustments by both the volunteers and staff. It is recommended, that the BETC establish a policy that address the balancing of the volunteer and "community"staffed programming areas. PEG Access Management Plan o? 4 EQUIPMENT REPLACEMENT PLAN 1998-2002 BURNSVILLE/EAGAN ACCESS TELEVISION 4155 OLD SIBLEY MEMORIAL flWY., EAGAN, ALN 55122 Submiticd be Nlark llulchkiss a3f FIVE-YEAR EQU11"MENT REPLACEMENT PLAN 1998-2002 OBJECTIVE In preparing the five-year capital equipment replacement plan, replacing critical equipment necessary to keep existing systems running was considered to be the first priority. Age of the equipment and repair history were taken into consideration. Second priority is equipment enhancements that are necessary to completing more government access/government communications projects,while maintaining the hardware necessary to offer:m increased level of service to the public access volunteers. ORGANIZA'T'ION OF THE PLAN The plan is organized by year,equipment location,and items to be replaced in that budget year. Sub-totals per location are listed, and a grand total for the year is at the end of each year. The report ends with a summary of the yearly costs,a yearly average, and the grand total. List prices have been used for all cost estimates. It is assumed that the bid process and technological evolution will actually make replacement hardware cheaper. ASSUMPTIONS BUDGET ANIOUNT: During the last five years of Meredith management,the equipment replacement budget was S88,000.00 per year,established through negotiations when the court threw out the lawsuit brought by Cable TV North Central vs. the Cities of Burnsville and Eagan concerning the issue of equipment replacement for local access programming. While this amount is not enough to make major changes in any given budget year,this amount has proven workable with good planning,and serves as a base line. It is the City's intention to improve the overall program, and so some equipment enhancements will be necessary in order to offer broader community coverage,and a higher quality and more consistent product. TECHNOLOGY: The Burnsville/Eagan PEG access facility is completely in the SVHS format,as are both control rooms at both city halls. Several digital formats are now available that are superior to the SVHS format, but iiould be prohibitively expensive for our use at this time. On the post-production side, non-linear technology also has the disadvantage of not having arra re-recordable, removeable media. Storage is on large, and very expensive hard disc arays. I recommend that we stay iyith the SVHS format as long is reasonably possible,with the understanding that a move to a digital format is inevitable, possibly in the middle to the end of the five-year period heginning in 1998. By then, I'm hopeful that costs on the various digital technologies will have conic down enough to be in our range, and, with good planning, enable us to switch to one of these formats in about a three or four-year period. In my plan, the transition to a new format begins in the year 2000, but may be pushed either back or forivard depending on the state of the technology versus the price at the time. X39 There is also a couple of "wild cards" invoked in the budget. One is the Di-Tech s«itcher in master control that is used for all automated fleck control,and all switching of live events and institutional nehiork events. This machine may require replacement in the next five-year period because of it's age and/or because of changes in institutional new orlk demand and the natural evolution of technology. The Di-Tech switcher is the most expensive single item in on inventor}, and,while I hope advances in technology will drive the price down,current replacement cost is at least S65,000.00. Because of the expense,we want to run this machine as long as possible,so rather than budget the entire amount in one year,$13,000.00 has been budgeted each year in the five-year plan. Currently, the cable company, through the local programming function, is responsible for maintaining an addressable character generator system for use by the school districts and the library. These users caul call in to the system in master control to update character-generated information which is then switched to the subscriber network on Educational Channel 60 and Library Channel 61. The city takeover of local programming operations is scheduled to take place before the completion of franchise renewal negotiations,and, at this time, it is unclear to this writer whether the addressable system will remain a company responsibility, become the responsibility of the institutions using the system,or be a local programming responsibility. The issue is further complicated by the fact that the institutional network may become increasingly valuable to both the cable company and the institutions in the next franchise period because of it's data-carry'ing capacity. The institutions invoked may not want to use up all their hand space cablecasting character generation back to the head end. These questions need to be answered before an appropriate system can be bugeted. Should an addressable character generator system remain a local programming function separate from the cable company,costs to us could be as high as S35,000.00 for the hardware and softie are involved if we :ire to use the same Scala system currently in place. if the system remains a local programming responsibility,and is not addressable and local programming staff updates character generators for those institutions,costs are about S14,000.00 (this cost is the one budgeted in 1999). If institutions want to use the institutional network to send their character generator signals back to the head end, machines are available to them much cheaper, perhaps even at less than S1,000.00, assuming that the cable company will remain responsible for institutional network hardware (modulators, de-modulators,etc. Since an assumption needed to be made in order to complete a budget projection,option#2 (a non-addressable system updated by local programming staff) was selected because these two machines will be necessary even if the system remains addressable. Consultants hired by the Telecommunications Commission have reported that the mobile studio hill need to be replaced sometime in the next franchise cycle, and a second mobile studio may be necessary at some point in the future. The current mobile studio, a 1982 Chevrolet C-20 cube van, had a major rebuild of the interior in 1995,and a new generator installed in 1997. The chassis still shows less than thirty-thousand miles, and no mechanical problems are apparent. I don't think it will be necessary to replace this truck within the five-yea• plan. Replacement cost of this truck,ii ithout production equipment but configured for immediate equipment installation, would be about S165,000.00. A second truck, with equipment, could run as much as S450.000.00. Neither of these options are considered in the five- year plan. Lastly, equipment in the television production business is generally considered to have a life expectancy of five to seven years. Through a good preventative maintenance plan we've generally been able to push our equipment a bit farther, and the plan assumes that the maintenance progam will remain at the current level. aha COSI' BRLAKDMN!N BY LOCATION/YEAR 1998 EXISTING EDITSUITE..............................................................S1,G50.00 EDITSUITE If............................................................................$22,320.00 MASTER CONTROL.................................................................$34,105.00 PORTABLE'.................................................................................$31,825.00 STUDIO.........................................................................................$9,415.00 MOBILESTUDIO........................................................................$4,505.00 SUIS-TOTAL = $103,820.00 1999 LDITSUITE..................................................................................53,850.00 MASTER CONTROL.................................................................S28,G05.00 PORTABLE.................................................................................S16,650.00 STUDIO.......................................................................................$31,710.00 MOBILESTUDIO........................................................................58,51().()0 SUB-TOTAL = 589,325.00 a �� 2000 EDITSUITE................................................................................$36,19.5.00 MASTER CONTROL.................................................................$13,000.00 PORTABLE.................................................................................$11,59.5.00 TECHSHOP.................................................................................$1,200.00 MOBILE STUDIO......................................................................$32,815.00 SUB-TOTAL = $94,815.00 2001 MASTER CONTROL.................................................................$13,000.00 MOBILE STUDIO......................................................................$97,140.00 SUB-TOTAL = $110,140.00 2002 EDITSUITE.....................................................................................$250.00 MASTER CONTROL.................................................................$36,225.00 PORTABLE.................................................................................$28,895.00 STUDIO.......................................................................................$16,050.00 MOBILESTUDIO...........................................................................$450.00 SUB-TOTAL = $81,870.00 TOTAL 1998 - 2002 = $479,970.00 AVERAGE (with Di-Tech) _ $95,994.00 �� AVERAGE (without Di-Tech) _ $82,99=4.00 Summary Burnsville/Eagan Local Programming Equipment Replacement Expenses - Years 10-14 As part of the 1992 Transfer of Ownership Agreement between the Cities and Meredith Cable, it was agreed that Meredith would invest $88,600 per year during Franchise Years 10 -14. The total amount would be $443,000. This is a summary of the amount spent per year and to date. Year of Franchise Amount Total To Date Year 10 $98,621 $98,621 Year 11 $98,504 197,125 Year 12 $54,522 251,647 Year 13 $79,973 331,620 Year 14 $44,062* 375,682 Funds allocated for equipment replacement - $443,000 Franchise Years 10-14 Total Amount - $375,682 Unspent Amount - $67,318 * Due to the possibility of the PEG access transfer, the BETC agreed that Meredith should keep the equipment expenditures low for Year 14. In the event the transfer happened, it would allow the Commission greater flexibility with planning equipment purchases. In the event the PEG access transfer takes place, Meredith Cable has agreed to turnover to the Commission/Cities the remaining unspent funds. Otherwise these funds will be retained by the company for the continued purpose of equipment replacement. Summary Report 2/23/98 Mike Reardon Equipment Purchases � Ll 3 1998 BUDGET & PROJECTED REVENUE The following attachment provides the proposed PEG Access Operations Budget for 1998. The budget document provides both the company's 1997 budget and the actuals for the access operations, and staff's proposed budget for 1998. To prepare this document, numerous assumptions had be made on the actuals, the 1998 budget and revenues. The assumptions are as follows: 1997 Actuals The illustrated dollar amounts are based on information provided by Meredith Cable. This information was compiled based on staffs review of the company's 12-month PEG access fee reconciliation reports. It should be noted that the company's accounting and reporting methods appear not to be complete, not false,just not complete. There is also the assumption that some of the overhead expense is imbedded in the company's overall expense and is therefore not broken out for the access operations. Finally, it should be noted that one-half of the video technician's wages/benefits are not included as this position was vacant for approximately six-months of last year. With these assumptions in mind, it can be assumed the difference between the 1997 actuals and the 1998 budget is not as significant as demonstrated. The 1997 actuals reflect only those dollars currently spent by the cable company on the PEG access operations. It does not include additional funding supplemented through the efforts of BETC's local programming budget. 1998 Budget The major changes between the two years are: competitive compensation for staff, changes in insurance coverage and benefits, the production of a monthly news/information program, and the estimate for equipment replacement. Staff has elected to base the annual budget on projected annual equipment replacement expense, instead of averaging it over the five-year period. The latter method would flatten it out to $96,000 annually. The access facility's current seven year lease expires in August, with the final year of the current lease negotiated to have a substantial drop in rent to $6.00 per square foot. Based on conversations with the facility's landlord, the 1998 office rent will increase by at least $3.00 per square foot starting in September. Based on staffs use of a qualified commercial broker, the anticipated increase is within going rates in the Burnsville/Eagan area. Like the 1997 Actuals, the 1998 Budget does not take into account the BETC's local programming budget, which covers promotion and advertising of local programming, access volunteer events, programming grants, televised coverage of public meetings, nor the cable/telecommunications coordinator's position in these activities. Revenues PEG Access Management Plan 5 a � � It is staff s understanding that the PEG access operations should be totally reliant on the PEG access fee, and that no general revenue should be included in the operations. The 1998 budget accomplishes this. Based on staffs current estimates, the access operations will be managed within the parameters of the PEG fee revenue. The following assumptions comprise the 1998 revenues: • Each subscriber currently pays a PEG fee of$1.10 per month. • There were 31,066 subscribers as of 1/31/98. • Based on the subscriber growth over the past three years, staff has projected an increase of 100 subscribers per month. • Based on this information, the PEG fee projected revenue for 1998 is $416,400. In addition to the PEG fee revenue, the company will turn over approximately $67,000 in equipment replacement funds. As noted in Operations & Management section, it is staff s recommendation that these funds are used to start the equipment revolving fund, and that a portion of the PEG fee be earmarked for the revolving fund. As the company's PEG access operations for 1998 were based on a $.90 PEG fee, the difference collected during the first three months will be used to cover transition expenses, with the remaining funds turned over to the new operations. There are currently $7,000 in excess PEG fees collected in 1997 that will also be included with the transition. The PEG Memorandum of Understanding (MOU)with the cable company, stipulates that the PEG fee must support the PEG access operations. As demonstrated herein, the anticipated 1998 PEG fee revenues cover the PEG access budget. Therefore, there are enough revenue dollars available to ensure that the PEG access operations will be self-sufficient. Future Revenues The PEG MOU provides opportunities to adjust the PEG fee as funding needs dictate. The MOU anticipated the original base PEG fee at $.87, with adjustments not to exceed $.20 in any twelve month period, and not to exceed a total of$.60 over the next 15 year franchise. After the $.60 cap is reached, the PEG fee shall increase annually in an amount equal to the CPI for the preceding year. PEG Access Management Plan C� �s 6 COMMUNICATIONS GOALS & MEASUREMENTS Goals The following goals/objectives have been established by the BETC, the joint ad-hoc communications committee and staff to provide a"blueprint" on what the new access entity will provide to the subscribers, the communities and the Member Cities. The majority of the goals contain a one-year timeframe, unless otherwise noted. It is recommended that the goals be reviewed by a joint meeting of the BETC and the Member Cities soon after completion of the first year of operation. • To successfully transfer the cable company's access operations to the Cities, with minimal or no interruptions to PEG access service and programming. • Maintain or increase the number of volunteer based productions for TV 15. • Have the BETC define 1-3 year goals for new community programming philosophies that balance staff and volunteer productions. • Have the BETC determine how to best meet the access programming needs of the educational, library and religious institutions. • Create new"community" programming that fulfills the subscribers' request for"community news and information" programming, including the monthly production of a information/news type program focused on the communities of Burnsville and Eagan. • Improve both Cities' communications joint efforts through successful cooperation in technical support, message programming, training, event promotions and marketing/communications plan for cable programming. Measurements The following are measurements or methods by which the BETC and Member Cities can use to determine how successful the access operations are in meeting the established goals. • A comparison of the number of volunteer productions, total hours of productions, hours of volunteer time from past years to the first year under the"new management". • The actual development and approval of the new access programming policies/philosophy. • A review of the integration of educational, library and religious programming needs into the new franchise renewal document. • Was there a new"community news/information" program produced on a monthly basis? • A review of what other new"community" programming was created. • Ascertain through the BETC's bi-annual subscriber survey, a comparison of previous respondents' answers to future survey responses in the local programming areas, i.e., programming needs, dollar value of local programming, viewership numbers, etc. In addition, whenever the Member Cities do a residential survey, include programming/communications questions. PEG Access Management Plan c�2 61/ 7 • A comparison review of dollars spent versus programming provided. DEFINITIVE AGREEMENT Most of the major points pertaining to the"taking over" of the PEG access responsibilities were contemplated and agreed to by the PEG MOU. The Definitive Agreement finalizes any remaining issues and provides the legal agreement for the transfer of community television programming responsibilities. The actual transfer cannot happen until all parties reach an understanding of it. Staff is still negotiating with the company on the agreement, and hopes to have it resolved by the Member Cities' first meetings in March. As such, staff is recommending the Commission consider recommending approval of the PEG Access Management Plan and adoption of the Definitive Agreement, subject to all parties reaching final agreement on the Definitive Agreement. Attached is a copy of the proposed Definitive Agreement. PEG Access Management Plan � / 8 DEFINITIVE AGREEMENT RESOLUTION NO. A RESOLUTION TRANSFERRING COMMUNITY TELEVISION PROGRAMMING RESPONSIBILITIES FROM NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION, OWNER OF GROUP W OF BURNSVILLE/EAGAN d/b/a MEREDITH CABLE TO THE BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION WHEREAS, the Cable Communications Franchise between the Group W of Burnsville/Eagan d/b/a Meredith Cable (hereinafter "Company") and the City of (hereinafter "City") requires the Company to provide and maintain certain cable television program facilities and equipment, provide certain community access channels and provide certain cable programming staff as delineated in the Franchise and Offering as defined in the Ordinance; WHEREAS, the Company and City have agreed to the divesting of all responsibility for providing the above-mentioned support for community television programming; WHEREAS, the Burnsville/Eagan Telecommunications Commission (herein after "Commission") has investigated the possibility and ramifications of assuming the responsibility for community television programming within the Burnsville/Eagan area, WHEREAS, the Commission and the Company have negotiated mutually acceptable terms to effect the transfer of the community television function from the Company to the Commission as delineated below; and WHEREAS, the City has determined such transfer to be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED that the City agrees with Meredith Cable to the following terms and conditions effective April 1, 1998: 1. The Commission will assume all responsibility for community cable television programming The in the Franchises and Offering for the Cities of Burnsville and Eagan. 2. The Company is relieved of responsibility for providing community cable television programming delineated in the Franchise and Offering of the City to the extent delineated by this Agreement, and further, except for those continuing obligations of the Memorandum of Understanding (hereinafter "MOU"), any items or needs identified by the Commission's Franchise renewal needs assessment and any agreements Company and City may negotiate in the renewal of the Franchise, and its customary responsibilities of delivery of signal and maintenance of the cable system to accomplish such delivery. 1 a LIK 3. The Company shall transfer to the Commission title to and ownership of all equipment, both studio/production and office equipment, listed in Exhibit A, attached hereto and made a part hereof. 4. The Company shall make available for the term of the Franchise and any renewals thereof for use by the Commission and City those six channels currently on the Burnsville/Eagan cable system and currently known as the Public Access Channel 15, the Discrete Community Channel .h g , the Government Access Channel 16, the Educational Access Channel �a , the Library Channel (.q ( , and the Religious Access Channel 4­7 . The Commission and City shall have complete and unrestricted access to the above-mentioned channels, however, the Company will have full responsibility for the term of the Franchise, and any renewals thereof, for the maintenance, repair, and technical performance of said channels. 5. Commencing January 1, 1998, the PEG Fee established pursuant to the Memorandum of Understanding shall be $1.10 per month per subscriber. Upon the effective date of this Agreement the Company shall pay to the Commission all monies collected as a PEG Fee from January 1, 1998 to the effective date, less expenses for providing community programming in the Burnsville/Eagan franchise area as provided for in the MOU which is incorporated herein by reference and made a part hereof. 6. Hereafter, the Company shall pay the full amount of the PEG Fee collected from the subscribers of City to the Commission, or its designee. The Company shall prepay quarterly an estimated quarterly PEG Fee which shall be reconciled quarterly to reflect actual PEG Fee receipts by Meredith subject to more frequent reconciliation by mutual agreement of the parties. The first prepayment shall be on or before April 1, 1998 for the months of April, May, and June, 1998. 7. The Company shall assign and the Commission, or its designee, shall assume all real estate and equipment leases and contracts relating to PEG Programming. The Company and Commission will split all costs of re-keying building. The Company shall sublease from the Commission space for currently existing customer service and the headend. 8. The Commission shall be responsible for any and all I-Net or other switching related to PEG Programming or non-profit use of the I-Net capacity for the Cities of Burnsville and Eagan, which shall occur only as provided in the Franchise and consistent with applicable laws. However, the Company shall have full responsibility for the term of the Franchise and any renewals thereof, for the maintenance, repair and technical performance of the I-Net. 9. The Commission shall advise Meredith in writing at least thirty (30) days prior to the Effective Date of Transfer of its intention to make offers of employment to Meredith personnel relating to PEG Progranuning. The Commission intends to employ all current employees of Meredith Community programming operations. a �� 10. The master control shall be segregated from the headend at the expense of the Company. 11. Should the Burnsville/Eagan area implement universal service, universal installations shall be reimbursed to the Company from upward adjustments to future PEG Fees, which shall not reduce the $1.10 or further increases allowed by the MOU. 12. The terms and conditions of this Resolution shall not be changed without the mutual written consent of the Company and the City. 13. The Company and the City hereby reserve all rights and duties afforded pursuant to the Franchise(s), and applicable local, state and federal law. 14. This Resolution was moved by Council member and seconded by Council member The following Council members voted in the affirmative: The following Council members voted in the negative: Adopted this day of 1998. City of Mayor Dated: We have reviewed the terms and conditions of this Resolution and by our signature below agree to all said terms and conditions. MEREDITH CABLE BY NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION By By Dated: _ - ---- --- 050 3 Agenda Information Memo March 2, 1998 Eagan City Council Meeting G. CONSIDERATION OF CHANGING FROM EVEN YEAR TO ODD YEAR ELECTIONS ACTION TO BE CONSIDERED: To provide direction to staff and the City Attorney to prepare an ordinance changing the City's elections from even to odd years,to direct staff to provide additional research or to maintain even year municipal elections. FACTS: • At the special City Council meeting held on Tuesday, February 24, staff was directed to gather additional research regarding a possible switch from even to odd year elections for the City. ATTACHMENTS: • rMemo from Finance Director/City Clerk VanOverbeke on pages oc5,� through MEMO city of eagan TO: City Administrator Hedges FROM: Finance Director/City Clerk VanOverbeke DATE: February 27, 1998 SUBJECT: Odd/Even Year Elections Policy/Research Various Organizations Based on the direction of the City Council at the special meeting of February 25, 1998, I have contacted a number of outside organizations to ascertain whether or not they have positions and/or research on the effectiveness of odd or even year municipal elections. In some cases I actually had a conversation with the individual and in other cases we exchanged voice mail messages, although I believe the information is complete in each case. The League of Minnesota Cities has no position on whether elections should be in the odd or even year although they do have a position that cities should have the right to decide. In the past they have worked against a requirement for the municipal elections to be in the odd year based on low voter turnout. Ann Higgins on the LMC staff feels there are less than 100 cities currently holding odd year elections. They have no definitive research on the issue of which schedule is best. At the Citizens League I talked to the receptionist who then communicated with a staff person and was told that they have no position and no statistics on the issue. I talked to the League of Women Voters of Minnesota who had no information on a position or any research and suggested I call the Northern Dakota League. I eventually exchanged voice mails with Karen Flood who said they have no position on the issue. As the Voter Service Chair, she expressed a concern about the difficulty they will have in providing candidate forums with all even year elections. I talked to Joe Mansky at the Secretary of State's Office who said they have no position and no research about the effectiveness of either time. He feels that the overwhelming majority of cities are even year primarily because of the cost and voter turnout issues. With Minneapolis, St. Paul, Duluth and Bloomington among larger cities with odd year elections, a substantial portion of the State's population is voting in municipal elections in the odd year. I talked to Roger Peterson at the Association of Metropolitan Municipalities who said they have no position although would probably be with the LMC on the issue. J s-� Finally, I talked to Roseanna Byers, Election Supervisor at Dakota County. The County has not taken a position on whether cities should have odd or even year elections and it really makes them no difference. An individual city assumes administrative responsibilities for odd year elections. The county for even year elections handles these administrative issues. This is one of the cost issues that are not a part of my research for this memo. If you or the City Council have other ideas about how additional, perhaps more specific research statistics or information could be gathered, I would be happy to pursue them. For example, one could easily gather additional voter turnout statistics from various entities, however, I believe Eagan's results are fairly representative. In my conversations with the individuals that I talked to it was apparent that there are a lot of opinions, philosophical arguments and ideas of that nature but little by way of concrete facts that could be used in the decision making process. Eagan Voter Experience I have attached a table showing the results of Eagan's municipal elections for 1987, 1989, 1991, 1992, 1994, and 1996. We have attempted to provide the information in such a manner that one can readily determine the impact on voter turnout and participation when comparing an odd year election to an even year election. The seats were all contested so at least that piece is consistent. There are certainly other factors that could have affected these results in addition to the year of the election. We have made no effort to go beyond providing the numbers, however. Process to Implement a Change In response to the question you forwarded from Councilmember Blomquist about whether terms could be lengthened or shortened to effect the change, I have reviewed the options with the City Attorney's Office. In general, terms can be either lengthened or shortened and all action is controlled by City Council resolution within the parameters of the state law. There is a 240-day waiting period before implementation and a provision for a petition-initiated referendum. I have attached a copy of the attorney's advisory opinion for a more detailed reference, if that is desired. School District Elections In response to the question you forwarded from Councilmember Masin, I have gathered information covering elections for district school boards. In the 1994 Legislative Session, as part of the revised uniform election law, the present school district election dates were mandated. The law now states that"the general election in each school district must be held on the first Tuesday after the first Monday in November of either the odd-numbered or the even-numbered year." This law was effective January 1, 1998, and school districts have used various transition plans to implement the change. Prior to this legislation school districts could hold their elections in either May or November and they were held every year. p�,S-3 I believe I have covered all areas of interest expressed at the workshop as well as in supplemental telephone calls. In the event you or the City Council would like anything else, please advise and I will continue to research the issue. +Fce Director/City Clerk � sy $ O `o �_ X o 3 C N ( R � O�7 1� v 00 N N O) >o V C7 N r to t1 > cv) LO U a >o rn m v r- N M M M M 0 IT IA OD '- N O v 0 w co c6 > U U') co co Vn v L6 v of O 0 N r- > U r � N O N O > t0 CD N N N V O U 0c) O U U 00 U 7 M 7 M 7 7 to M 7 U U U U U U = L ' m N 1 1 U W N CO U') co co co `O ik '�' CN ITd } rn rn rn rn rn C O W aSs SENT BY: 2-27-98 ; 11:38 SEVERSON SHELDON 612 681 4612;# 2/ 5 WMORANDUM TO: Gene VanOverbeke, City Clerk FROM: Sharon K. Hills, Assistant City Attorney DATE: February 27, 1998 RE: Elm-tion Year Modification From Even Year to Odd Year Our File No. 206-9475 This Memorandum is submitted in response to your request fur an advisory opinion as to the proper procedure for providing an orderly transition in Coum it seat terms affected by changing the municipal general election from even to an add-numbered year. Minn. Stat. §205.07 governs the procedure for modifying a municipal general election year. The following synopsis of the mandates of Minn. Stat. §205.07 should address your inquiry: • A city may hold its municipal general elections in either even or odd numbered years, but not both. • A, city that elects to modify its municipal general election from an even to an odd numbered year must pass an ordinance providing for the modification. The ordinance providing for the modification must be passed at a regular meeting held before June 1 of any year. The modification of the election year, which must be pursuant to an ordinance, is effective 240 days after passage and publication, unless a later date is fixed by the ordinance. For example, if the City Council passes the election year modification ordinance on April 7, 1998 and the ordinance is published on April 16, 1998, the effective date of the ordinance is 240 days (8 months) from April 16, 1998, which is December 16, 1998. To provide an orderly transition to the odd yen election plan, the City may adopt supplementary ordinances regulating the initial elections, as well as shortening or lengthening the terms of incumbents and those elected at the initial election in the odd numbered year. a S6 R=93% 612 432 3780 02-27-98 12:52PM P002 #39 SENT BY: 2-27-98 ; 11:38 ; SEVERSON SHELDON-+ 612 681 4612;# 3/ 5 • If the City does not adopt an ordinance containing a provision for the expiration of terms of incumbents, the term of an incumbent expiring at a time when no municipal general election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal general election. For example, if an incumbent's term expires in the year 2000 and the next election is in the year 2001,the incumbent's term is automatically lengthened to the year 2001. • Upon the passage of the election year modification ordinance,the City Clerk is required to provide written nonce to the County Auditor and Secretary of State. • Eligible voters equal to 10%of the total number of votes in the last election may file a petition requesting a referendum on the election year modification ordinance. if a petition is filed within 180 days after passage and publication of the ordinance, the ordinance is not effective until it is proved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition. The foregoing should provide you the assistance you requested in working through trmsition issues. If you have any questions, please do not hesitate to contact me. SKH/wkt R-93% 612 432 3780 02-27-98 12:52PM P003 #39 CONSTITUTION & BYLAWS EAGAN FIRE DEPARTMENT TABLE OF CONTENTS ARTICLE 1 -MISSION STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Sec. 1 Name of non-profit organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Sec. 2 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2-ORGANIZATION OF THE DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Sec. I Active, inactive,retired and honorary members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Sec. 2 Appointment of Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Sec. 3 Staff Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Sec. 4 Executive Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Sec. 5 Chain of Command . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Sec. 6 Line Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 3 -DUTIES OF THE EXECUTIVE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Sec. 1 Establishing policies and operating procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Sec. 2 Frequency of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Sec. 3 Majority vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Sec. 4 Discretionary Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Medical Disability Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. Personal Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D. Light Duty Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Sec. 5 Suspensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Sec. 6 Acting on new members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Sec. 7 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Sec. 8 Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 4-DUTIES OF THE CHIEF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 5 -DUTIES OF THE BATTALION CHIEFS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 6-DUTIES OF THE STATION COMMANDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 7-EQUAL OPPORTUNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 8- SEXUAL HARASSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 9-(Reserved for future use.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 10- (Reserved for future use.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l 1 ARTICLE 11 - (Reserved for future use.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I ARTICLE 12- (Reserved for future use.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 13 -(Reserved for future use.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 14- (Reserved for future use.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 15 -(Reserved for future use.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I l ARTICLE 16-REVIEW BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1 ARTICLE 17-ELECTION OF CHIEFS AND STATION COMMANDERS . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 18-NEW MEMBERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 19-DUTIES AND CONDUCT OF MEMBERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 20-GRIEVANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 21 -DISCIPLINE OF CHIEF AND ELECTED OFFICERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 22-AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 23 -ADMINISTRATION OF POSITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 24-(Reserved for future use) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 25 -POLICIES AND STANDARD OPERATING PROCEDURES(SOP) . . . . . . . . . . . . . . . . . 17 CONSTITUTION AND BYLAWS Page 1 ARTICLE 1 -MISSION STATEMENT Sec. 1 This organization shall be known as the EAGAN FIRE DEPARTMENT. Sec. 2 The Fire Department is dedicated to: A. Performing Fire prevention and fire education towards the same. B. Providing Firefighting and EMS service. C. Providing the City of Eagan with a well trained,professional organization to prevent or safely minimize losses to life,property,and the environment from fire and other emergencies, at the highest level,within the resources available. ARTICLE 2-ORGANIZATION OF THE DEPARTMENT Sec. 1 This Department shall consist of active,inactive,retired and honorary members. A. Active member: Each member of the Fire Department shall be considered an active member unless otherwise specified by the Executive Board as inactive. A member on light duty status is on active status. B. Inactive member: A member of the Fire Department who is specified as being on inactive status due to suspension,disability,or termination. Inactive members may not respond to fire calls, attend training meetings,or participate in any way in Fire Department business. C. Retired member: Any firefighter who resigns with 15 or more years of active service with the Eagan Fire Department. D. Honorary member: By title only. Sec. 2 The appointment of officers of the Department shall be determined by a panel interview process. This panel shall be referred to as the Appointment Committee(See Article 17). The term of Officers shall be as follows A. Chief: Four-year term. B. Battalion Chiefs(one day, one night): Four year term. C. Station Commander(one per station): Four year term. D. Captains: 4 year term.Number of Captains at each station is determined by the Station Commander with the approval of the Executive Board. E. Lieutenants: 4 year term. Number of Lieutenants at each station is determined by the Station Commander and the Captains with the approval of the Executive Board. Sec. 3 Staff Officers: 4 year term.Iin accordance with Article 23, are appointed by the Chief and approved by the Executive Board. Positions include: A. Administration Officer B. Training Officer C. Fire Prevention Officer D. Systems Officer E. Engineer F. Station Manager G. Management Information Systems Officer H. Equipment Manager I. SCBA Manager CONSTITUTION AND BYLAWS Page 2 ARTICLE 2-ORGANIZATION OF THE DEPARTMENT(continued) J. Health and Safety Officer K. Other staff positions as deemed necessary by the Chief and the Executive Board The job requirements for staff officers are in the Eagan Fire Department Standard Operating Procedures Manual. Sec. 4 The Executive Board will consist of the Chief,Battalion Chiefs, and Station Commanders. A firefighter or an officer substituting in any of the above positions does qualify as a voting Executive Board member. Sec. 5 The Chain of Command of the Department shall be: Cl) w @ a w. . . . d z ± m 2 §q � � } § k _ a- � % w ± §w � < k z E �o U) w Q _QO E < E 2 = � \ \ .R _ k Z Z W 77 20 = 20 � � § \ § §0 � g E ¥ � U Q 2 § $ LL zE = n JJ° ° §$ / % ) } h z z D < < W § < § § \R \ / $ o m / k < \ < . zz e < / F- \ b �I < _ z (L) w Zi w < w z ® z / z (n } �< U) nE m r U- 0 / z . � — § wo \ j � < e = 2 < < e L n_ \ / m / �ƒ / � / 0 2 0_ w k < §< \i U) k %� ~ i n § zo z o < k w U) zn / §< CL \ § L § w ° E °q m D � U)\ § � U) < n _ @ - $ / ui � ƒ § ƒ [ > � 02 = � _ IL ® U 2 U % § i 2 � O U 2 ,E � « e } § } z / § §LL co 2 / / / < 0 \ � cn \ w / < CONSTITUTION AND BYLAWS Page 4 ARTICLE 2-ORGANIZATION OF THE DEPARTMENT(continued) Sec. 6 Line Officers are defined as Chief,Battalion Chiefs, Station Commanders,Captains and Lieutenants. ARTICLE 3 -DUTIES OF THE EXECUTIVE BOARD Sec. 1 This Board shall establish all policies and operating procedures and all changes thereto for this Department. Sec. 2 This Board shall convene at least once every month. Sec. 3 The Executive Board shall have a quorum for all meetings. Decisions of the Executive Board shall be determined by the majority vote of the Executive Board members present. Sec. 4 Discretionary Authority: The Executive Board will periodically meet to review all written requests for leaves of absence submitted in compliance with the provisions of this section. Any leave request not submitted in compliance with the provisions of this section may be denied by the Board at its sole discretion. All requests for leaves will be considered in light of the procedures and criteria set forth in this section with the Board retaining all of the discretionary authority set forth in this section to approve or deny such requests. A. Medical Disability Leave 1. An application for medical disability leave must be accompanied by a physician's statement certifying that the medical disability leave is necessary and the reasons for which it is requested.In addition,any member hospitalized shall be placed on medical leave. 2. All members will be required to submit a physician's written release to the Executive Board before returning to active duty from medical disability leave. 3. In the case of a disability,the member's active status will be allowed for up to twelve six calendar months. This will be followed by inactive status. A physical examination by the City's physician will be required at the end of the twelve six-month period and/or at the Executive Board's discretion. The physical examination is necessary to determine whether the member is able to return to service. 4. The Executive Board shall review the status of each member on active medical leave monthly. B. Military Leave: Firefighters will be entitled to leaves of absence as now or hereafter authorized by state law to participate in National Guard or Reserve training. The member will retain active duty status while on such leave. No accrued and accumulated benefits and rights will be lost during military leave. C. Personal Leave: Each case will be determined by reason for request and must be approved prior to leave. State law allows only ninety days of active status leave for a Relief Association member. All firefighters on personal leave must make verifiable contact with their superior officer as to their intent within ten(10)days of the expiration of their leave. Failure to make contact may result in expulsion.All leave time shall be for thirty(30)day increments only. CONSTITUTION AND BYLAWS Page S ARTICLE 3 -DUTIES OF THE EXECUTIVE BOARD(continued) D. Light Duty Status 1. The purpose of this policy is to establish guidelines for assignment of duties to firefighters who are unable to perform the entire functions of their positions due to a temporary medical disability. A temporary disability is defined to be temporary if so determined by the member's own physician. This policy will not apply to those members who are unable to perform the entire functions of their positions due to a permanent medical disability. 2. Where appropriate,the Executive Board will make every effort to assign temporarily disabled members to light duty work. The Board reserves the sole right to determine when light duty work will be assigned,this decision being based on the Department's need for such work and the member's capability of performing the work. The Executive Board shall review the status of each member on active light duty monthly. 3. Applying for Light Duty Work a. Where a member is unable to perform all his or her regular duties due to a temporary medical disability,the member will notify the Board in writing as to the nature and extent of the disability,the reason why the member cannot perform all his or her present duties and those duties which he or she is able to perform. This notice must be accompanied by a physician's report containing a diagnosis, current treatment,expected length of disability and any work restrictions related to the disability. b. The Board may require an independent evaluation conducted by a physician selected by the City of Eagan to verify the diagnosis,current treatment, expected length of disability and work restrictions. c. In deciding whether to assign light duty work to the member,the Board will consider whether there is work in the Department which could be performed by the member,whether there is a need for this work and whether the member is capable of performing the work. d. The member's assignment to light duty work will continue until the member is able to return to his or her usual duties or until the need for and availability of light duty work ceases. The determination regarding the need for and availability of light duty work is at the sole discretion of the Board. e. Members so assigned to light duty by the Board will be assigned such duty for periods up to thirty days. At each thirty-day interval,the member will provide a medical update to the Board. At that time,the Board will consider whether there is still work in the Department which could be performed by the member,whether there is a need for this work and whether the member is capable of performing the work. This provision will be in effect whether or not the member is still assigned to light duty work at the end of each thirty-day interval. The Board may request more frequent medical updates at its discretion. CONSTITUTION AND BYLAWS Page 6 ARTICLE 3 -DUTIES OF THE EXECUTIVE BOARD(continued) Sec. 5 This Board shall recommend inactive suspensions and/or terminations to the City Administrator. The affected member will be notified, in writing,of any suspension/termination,along with a written explanation for that action.The affected member may then request a hearing with the Board by filing a written request to the Chief within twenty(20)working days of said notification. The purpose of the hearing will be to allow the affected member to address the reasons for the suspension/-termination. The affected member may bring a representative and documents to the hearing. THIS PROCESS COULD ALSO BE MEDIATED BY A DIS-INTERESTED HEARING JUDGE (IF SO REQUESTED BY THE AFFECTED MEMBER)IN THE CASE OF SUSPENSIONS AND SHALL BE MEDIATED BY A DIS-INTERESTED HEARING JUDGE IN THE CASE OF TERMINATIONS. An active suspension is defined as a suspension pending review. All other suspensions/- terminations, including retroactive suspensions,are considered as inactive service time on the Fire Department. A. Disciplinary Suspension(to follow SOP section 404.001): 1. Board to determine validity of suspension. 2. Board to determine period of suspension. 3. Board to determine if period of suspension is active or inactive status. B. In addition, subject to City administration approval,this Board may perform terminations. C. Any personal leave taken between delinquent quarters shall not be considered to alleviate delinquent quarters. Sec. 6 This Board shall act on Article 18, Sections 5, 8 and 10. Sec. 7 This Board shall review and approve the annual budget. Sec. 8 This Board shall review and determine Fire Department staffing. A. The Board shall approve all staff positions. B. The Board shall approve the numbers of Captains and Lieutenants proposed for each station. C. The Board shall approve staffing requirements for each station. CONSTITUTION AND BYLAWS Page 7 ARTICLE 4-DUTIES OF THE CHIEF Sec. 1 To enforce the Constitution and Bylaws of the Department and to have a general supervision over all the affairs of the Department. Sec. 2 To see that all Officers execute their obligations and duties to the best of their abilities. Sec. 3 It shall be the duty of the Chief to call all regular and special meetings and to notify all members of such meetings. Meetings shall be conducted according to Robert's Rules of Order. Sec. 4 It shall be the duty of the Chief to call special meetings at the written request of five(5)members of the Department or when deemed necessary; such request stating the subject of the call. Sec. 5 To form committees as needed. Upon forming a committee,to instruct the committee as to their duties and obligations. Shall be an ex-officio member of every committee. Sec. 6 It shall be within the Chiefs power to suspend any member for a just cause; subject to this Constitution and Bylaws. Sec. 7 Shall be a member of the Executive Board. Sec. 8 Shall appoint Staff Officers,as described in Article 2, Section 3. ARTICLE 5 -DUTIES OF THE BATTALION CHIEFS Sec. I The Battalion Chief will provide supervision and administration of the Department during his/her hours of responsibility. Sec. 2 The Battalion Chief shall respond directly to the emergency scene,perform size-up,advise incoming trucks and companies of the situation,as per the incident command system. Sec. 3 Shall serve as a member of the Executive Board. Sec.4 Shall ensure that all Department training requirements are met or exceeded by all personnel within this Department. Sec. 5 Shall maintain efficient communications on Fire Department matters. Sec. 6 Shall handle problems, suggestions and other personnel input in a timely manner and according to Department policies and Standard Operating Procedures. Sec. 7 Shall maintain good morale of all personnel within the Department. Sec. 8 Shall be responsible for the safety and well-being of all personnel under his/her supervision. Sec. 9 Shall ensure that good public relations are practiced both on and off emergency scenes by all personnel under his/her supervision. Sec. 10 Shall perform and aid in the performance of disciplinary actions as required in Department policy. Sec. 1 I Shall provide praise to individuals and groups when deserved. Sec. 12 Shall enforce security on all information which is not open for communication. Sec. 13 Shall settle disputes and disagreements within the Department in a timely,fair and just manner. CONSTITUTION AND BYLAWS Page 8 ARTICLE 5 -DUTIES OF THE BATTALION CHIEFS(continued) Sec. 14 Shall give written and oral performance evaluation of Station Commanders in the Department on a yearly basis. Shall invite feedback from the Station Commanders on the evaluation. Sec. 15 Shall provide coaching of Station Commanders to overcome problem areas. Sec. 16 Shall enforce Department policies. Sec. 17 Shall be responsible for the performance and conduct of all personnel within the Department. Sec. 18 Shall ensure that all stations,apparatus and equipment within the Department are well maintained. Sec. 19 Shall assume all duties as Acting Chief in the absence of the Chief. (The senior Battalion Chief,by time in office,shall fill this position.) Sec.20 The Battalion Chiefs will serve on committees as directed by the Chief. ARTICLE 6-DUTIES OF THE STATION COMMANDERS Sec. 1 The responsibilities/duties of the Station Commanders include both tactical and administrative aspects of their assigned stations. Sec. 2 Shall be responsible for the safety and supervision of their crews on emergency scenes. Sec. 3 Shall be prepared to perform the duties of Incident Commander on an emergency scene. Sec.4 Shall assume the Battalion Chief's position when delegated to do so. Sec. 5 Shall write and submit incident reports for all emergency incidents at which they were in command. Sec. 6 Shall insure that good public relations are practiced by all firefighters under their supervision, during emergency and non-emergency situations. Sec. 7 Shall enforce security on all sensitive information. Sec. 8 Shall handle questions/suggestions and other station member input in a timely manner in order to represent their station views at Officers Meetings and Executive Board Meetings. Sec. 9 Shall be an active member of the Executive Board and attend or send a representative to Executive Board and Officers'Business Meetings,and attend Officers'Training Meetings. Sec. 10 Shall maintain efficient communications within their stations regarding Fire Department matters. Sec. 11 Shall establish internal operating procedures for their stations in order to assure efficient station operation. Sec. 12 Shall insure firefighter participation and attention at fire drills. Sec. 13 Shall maintain good morale of all personnel at their stations. Sec. 14 Shall settle disputes and disagreements within their stations in a timely, fair, and just manner. CONSTITUTION AND BYLAWS Page 9 ARTICLE 6-DUTIES OF THE STATION COMMANDERS(continued) Sec. 15 Shall give a written and oral performance evaluation(along with a Battalion Chief)of each of their company's members and each of their line officers on a yearly basis(inviting feedback from the company member or line officer on that evaluation). Sec. 16 Shall provide coaching of company members and station officers to overcome problem areas. Sec. 17 Shall remain aware of,and enforce,Department policies and Standard Operating Procedures. Sec. 18 Shall perform and aid in disciplinary actions as set forth in the Standard Operating Procedures. Sec. 19 Shall insure that details directed by Chief Officers are carried out. Supervising/directing their stations' line officers. Sec.20 Shall be responsible for the performance and conduct of all firefighters assigned to their station. Sec.21 Shall be responsible for overall appearance and operational readiness of their stations'vehicles. Sec.22 Shall maintain proficiency in selected training topics,and be able to teach those topics on short notice. Sec.23 Shall pass the Eagan Fire Department driver/operator proficiency test every two years. Sec.24 Shall insure that all Department training requirements for Station Commander are met by them. Sec.25 Shall insure that all station members, including themselves,perform weekly station cleanup duties. Sec.26 Shall orient new firefighters to the station, its personnel,apparatus,equipment, and general duties. Sec.27 Shall be responsible for the recruitment of members close to his/her station in order to fulfill that station's manpower requirements(in accordance with Article 3, Sec. 8.c.). ARTICLE 7-EQUAL OPPORTUNITY Sec. 1 The Eagan Fire Department will not discriminate against or harass any employee,nominee for office, or applicant for employment because of race, color,creed,religion,national origin, sex, disability,age,marital status,membership or activity in a local commission, sexual orientation, or status with regard to public assistance. Sec.2 The Eagan Fire Department will assign someone to manage their Equal Opportunity Program. His/Her responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program as required by Federal, State,and Local agencies. CONSTITUTION AND BYLAWS Page 10 ARTICLE 8- SEXUAL HARASSMENT Sec. 1 General statement regarding sexual harassment: Sexual harassment is a form of sexual discrimination which is a violation of Section 703 of Title VII of the Civil Rights Act of 1964, as amended, and of Minn. Stat. 363,the Minnesota Human Rights Act. Sec.2 Sexual Harassment Defined: Sexual Harassment means unwelcome sexual advances,requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when: A. Submission to that conduct or communication is made a term or condition,either explicitly or implicitly,for obtaining or retaining employment. B. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment. C. That conduct or communication has the purpose or effect of substantially or reasonably interfering with an individual's employment or creating an intimidating,hostile,or offensive employment environment. Sec. 3 Reporting procedure: Victims of alleged sexual harassment and third persons with knowledge or belief of conduct constituting sexual harassment are encouraged to report their knowledge or belief to Fire Department officials,as designated herein. A. The immediate supervisor is the responsible authority for receiving reports of sexual harassment at the Station level. The immediate supervisor,upon receiving any such report,must forward the same in confidence to the City of Eagan Human Rights Officer within 72 hours. The immediate supervisor is to perform no screening or investigation function.Failure of the immediate supervisor to forward any report of alleged sexual harassment will be disciplined as per the Department SOP manual. B. The City of Eagan shall designate their Human Rights Officer who shall act as the responsible authority for receiving reports of sexual harassment directly from any individual,employee,or victim of sexual harassment and also from the immediate supervisor as outlined above. The name of the Human Rights Officer shall be posted in appropriate places within the stations together with a mailing address and telephone number. Sec.4 Investigation and recommendation: By authority of the City Council,the City of Eagan Human Rights Officer shall,upon receiving any report alleging sexual harassment,conduct an investigation and make a written recommendation within thirty(30)days to the City Administrator,or if necessary,directly to the City Council. In determining whether alleged conduct constitutes sexual harassment,the Human Rights Officer should look at the record as awhole and the totality of circumstances, such as the nature of the advances and the context in which the alleged incidents occurred. Sec. 5 Reprisal: Consistent with the terms of this Policy,the Fire Department will discipline any individual who retaliates against any person who reports alleged sexual harassment,or who testifies,assists or participates in any manner in any investigation,proceeding,or hearing related to the report alleging sexual harassment.A retaliation includes,but is not limited to,any form of intimidation,reprisal or harassment. Sec.6 City Action:Upon receipt of a recommendation from the City of Eagan Human Rights Officer that probable cause exists to credit the allegation of sexual harassment,the City Council may take action based on the report and recommendation of the Human Rights Officer or it may conduct its own investigation into the charge. Such investigation must be completed within thirty(30)days of CONSTITUTION AND BYLAWS Page 11 ARTICLE 8- SEXUAL HARASSMENT(continued) receipt by the City Administrator or City Council of the recommendation from the Human Rights Officer. Pending such investigation,the City Council may, in its discretion,take any action necessary to protect the alleged victim or other employees consistent with requirements of this policy and statutes,if any.Consistent with the requirements of this policy and any applicable state statutes,the City Council may take such action as it deems necessary and appropriate, including termination,to end sexual harassment found to exist. ARTICLE 9-(Reserved for future use.) ARTICLE 10- (Reserved for future use.) ARTICLE 11 - (Reserved for future use.) ARTICLE 12- (Reserved for future use.) ARTICLE 13 -(Reserved for future use.) ARTICLE 14- (Reserved for future use.) ARTICLE 15 -(Reserved for future use.) ARTICLE 16-REVIEW BOARD Sec. 1 This Board shall consist of all Captains and Lieutenants,Administration Officer and/or a recording secretary. Sec. 2 This Board shall convene the months of January,April,July and October. Sec. 3 This Board shall review the record of each member to determine the value of each member to the Department. Sec. 4 This Board shall review quarterly attendance records of each member: A. Each member is required to attend 80%of all trainings B. Each member is required to attend 30%of all fire calls by their assigned station. C. This Board will use the following procedure for recommending discipline for nonattendance: 1. First delinquent quarter: This individual's reporting Officer will notify the individual verbally plus make a note of said notification,which will be placed in the individual's file, with a copy to the individual. 2. Second delinquent quarter: Follow the same procedure as in the first delinquent quarter but add the Battalion Chief to the procedure. 3. Third and subsequent delinquent quarters: The affected member will be notified, in writing,of any suspension/-termination along with a written explanation. The affected member may then request a hearing with the Board by filing a written request to the Chief within twenty(20)working days of said CONSTITUTION AND BYLAWS Page 12 ARTICLE 16-REVIEW BOARD(continued) notification. The purpose of the hearing will be to allow the affected member to address the reasons for the suspension/termination. The affected member may bring a representative and documents to the hearing. THIS PROCESS COULD ALSO BE MEDIATED BY A DIS-INTERESTED HEARING JUDGE (IF SO REQUESTED BY THE AFFECTED MEMBER)IN THE CASE OF SUSPENSIONS AND SHALL BE MEDIATED BY A DIS-INTERESTED HEARING JUDGE IN THE CASE OF TERMINATIONS. a. The following MINIMUM guidelines shall apply: 1. Three delinquent quarters out of the last four quarters shall be a 30 day retroactive suspension. This suspension time shall be inactive status. 2. Four delinquent quarters out of the last five quarters shall be a 90 day retroactive suspension. This suspension time shall be inactive status. 3. Five delinquent quarters out of the last seven quarters,member shall be brought to the Executive Board with the Review Board's recommendation for termination. 4. All termination time shall be inactive status. D. If this Board decides disciplinary action should be taken,they will forward their findings and recommendations to the Executive Board. ARTICLE 17-APPOINTMENT OF CHIEFS, STATION COMMANDERS, CAPTAINS AND LIEUTENANTS Sec. 1 This article describes the process for the appointment of the Fire Chief,Battalion Chiefs, Station Commanders, Captains and Lieutenants. For a detailed timetable, and more specific information, refer to the specific job description in the Eagan Fire Department Policies& Standard Operating Procedures manual. Sec. 2 An appointment committee shall be selected for the following positions. A. Chief: The appointment committee will consist of City Administrator,City Human Resource Director, 1 neighboring Fire Chief,up to 2 Eagan Battalion Chiefs,and l active firefighter from each station with a minimum of five(5)years of service on the Eagan Fire Department. B. Battalion Chief. The appointment committee will consist of Eagan Fire Chief,City Human Resource Director, I Battalion Chief, 1 Station Commander(by random drawing),and 1 active firefighter from each station with a minimum of five(5)years of service on the Eagan Fire Department. C. Station Commander: The appointment committee will consist of two Eagan Chiefs(minimum) and 1 active(non-apprentice)firefighter from each shift of the respective station. D. Captain: The appointment committee will consist of I Chief, Station Commander from the respective station,and active(non-apprentice)firefighter from each shift. E. Lieutenant: The appointment committee will consist of 1 Chief, Station Commander from respective station,and 1 active(non-apprentice)firefighter from each shift. Sec. 3 The appointment committee will select a chairperson. Sec.4 Each appointment committee member from each station will be responsible for: 1) Posting the job description at their respective station. CONSTITUTION AND BYLAWS Page 13 ARTICLE 17-APPOINTMENT COMMITTEE FOR CHIEFS, STATION COMMANDERS,CAPTAINS AND LIEUTENANTS(continued) 2) Collecting all applications/resumes from interested candidates. 3) Answering any questions the candidates may have regarding the application/resume. Sec. S The appointment committee will review all applications/resumes and verify that the minimum requirements specified in the SOP job descriptions are met. Sec.6 The appointment committee will contact each candidate(in writing)as to acceptance or non- acceptance of their application/resume. Candidates who were rejected must be informed as to why they were considered unqualified. Sec. 7 The appointment committee will hear all appeals from non-qualifying candidates who wish to review their status. Sec. 8 Final Selection Process(oral interview) A. The appointment committee will review each applicant's previous experience and education. B. The appointment committee will conduct an oral interview of each candidate that sucessfully meets all the position requirements. C. Immediately following the conclusion of each interview,the appointment committee members shall complete the scoring sheet for said candidate prior to beginning the next interview. D. Upon conclusion of all interviews, all the candidate scoring sheets shall be tabulated wherein the candidate scoring the highest points shall be awarded the position. E. In the event of a tie,the appointment committee shall discuss the candidate scoring sheets until a single choice conclusion is made. F. All candidates awarded the Chief or Battalion Chief positions by the appointment committee shall be recommended to the City Council for approval. Sec.9 Assuming Duties A. The Chief and Battalion Chief will assume his/her duties in December after approval by the City Council. B. The appointed Station Commander,Captain or Lieutenant will assume his/her duties February 1 after approval by the Executive Board. Sec. 10 Any Officer may apply for any appointed office without tendering his/her resignation from present office. Sec. 11 A vacancy in an appointed position will be filled for the remainder of the unexpired term at the discretion of the Executive Board. Sec. 12 No person may hold more than one(1)appointed line officer position as defined in Article 2, Sec. 6. CONSTITUTION AND BYLAWS Page 14 ARTICLE 18-NEW MEMBERS Sec. 1 Any person living within a maximum of three minutes normal driving time to the station closest to them,and who is not younger than 18, shall be eligible to apply for membership in this Department. Sec. 2 Any application submitted to the Fire Department will be reviewed by the Station Commander from the applicant's area. Sec. 3 The Station Commander or their designated line officer is responsible for interviewing applicants in their areas for available hours and needs for their stations. Sec. 4 All applications will be presented to the Executive Board. Sec. 5 Executive Board will approve or deny new members. If accepted,the member will be trained and serve an apprenticeship: A. The first eighteen (18)months of membership shall be regarded as an apprentice period. B. This period shall be utilized for training and observing the firefighter's ability to adjust to his/her position and for dismissal of any firefighter whose performance does not meet the required standards. Sec. 6 Apprentice members are not eligible to vote on any Fire Department business. Sec. 7 Apprentice members are under the jurisdiction of the Executive Board. A. Upon recommendation by a Training Officer or Line Officer,the Executive Board may terminate an apprentice firefighter at any time during the apprentice period. Sec. 8 Before the end of the eighteen(18)month apprentice period,the Eagan Fire Department Firefighter I program must be successfully completed. Written input regarding the apprentice member's performance shall be submitted by the Line Officers and the Training Department to the Executive Board for their consideration. Other members may also submit written imput to the Executive Board. At the next Executive Board meeting,the Executive Board will discuss the input from the members and make a recommendation to the City Council for acceptance or denial of the apprentice firefighters for membership. Sec. 9 The Eagan Fire Department standard First Responder course and Haz-mat Operations course must be completed at the first opportunity when the courses are offered. Sec. 10 All new members accepted after 8/1/71 are subject to review and recommendation to the City Council for dismissal by the Executive Board in case of a job hour change or address change. Sec. 11 New members will NOT be allowed to change their responder status or hours of availability during their first five(5)years of active service on the department. ARTICLE 19-DUTIES AND CONDUCT OF MEMBERS Sec. 1 It shall be the duty of all members of this Department to obey all commands of their Officers while on duty and to abide by the Constitution and Bylaws of this Department. Sec. 2 It shall be the duty of members to be present at all meetings,on every alarm of fire to assemble at the fire station and assist in getting the apparatus to the fire and in readiness for operation as soon as possible. CONSTITUTION AND BYLAWS Page 15 ARTICLE 19-DUTIES AND CONDUCT OF MEMBERS(continued) Sec. 3 No member shall appear at meetings of the Department or on duty in a state of intoxication or shall be guilty of misconduct,or otherwise be a disgrace upon the Department under penalty of suspension or discharge. Sec. 4 It shall be the duty of each member to notify his/her Captain or Station Commander immediately in writing of any change in member's overall situation that could affect normal Fire Department responsibilities, including: A. Change of address B. Change of hours of availability C. Illness(other than minor) D. Suspension or revocation of driver's license Sec. 5 No firefighter shall,while performing duties for the Eagan Fire Department,solicit any compensation or prospective business from citizens they come in contact with. Sec. 6 Failure of a firefighter to comply with any of the requirements of this Article will result in disciplinary action by the Executive Board. ARTICLE 20-GRIEVANCE Sec. 1 If a member has a grievance,they shall present it in writing to any Officer of this Department. This notice shall state nature and persons involved in the complaint. Sec. 2 A Grievance Committee shall be formed consisting of five members. Eight names are to be randomly drawn from the Department roster(excluding any person involved in the grievance and Apprentice Members). Of the eight drawn,five shall be selected to serve on this Committee. Sec. 3 It shall be the duty of the Grievance Committee to assist the parties in reaching a mutual agreement to the grievance. It shall also be their duty to refer to grievances of members and outsiders and to adjust such grievances to the best of their ability in order to promote good fellowship and harmony in the Department. ARTICLE 21 -DISCIPLINE OF APPOINTED LINE OFFICERS Sec. 1 The general membership may move to recommend to the City Administrator for his/her consideration disciplinary action for the Chiefs or an appointed officer(s)for abuse of authority or misconduct in office. The following steps comprise this process: A. The charges against the officer shall be made in writing and filed with the Administration Officer at least one(1)month before any action shall be taken upon it.A copy of the charges shall be served upon that officer at least two(2)weeks before action is taken. The charges shall also be submitted to the members of the Fire Department at least two(2)weeks before action is taken. B. The charges shall be brought to the floor of a general or special meeting of the membership and a motion made for disciplinary action. C. A quorum of 51%of the active members must be present. D. Three-fourths(75%)of the members present at the meeting must be in favor of the motion. E. If approved by the membership,the recommended disciplinary action,along with the charges, will be forwarded to the City Administrator for his/her consideration. CONSTITUTION AND BYLAWS Page 16 ARTICLE 22-AMENDMENTS Sec. 1 Alterations or amendments to the Bylaws shall be made using the following procedures: A. A motion may be made from the floor in writing and read at any General Meeting. 1. Second required. 2. Discussion. 3. Motion tabled. 4. Motion referred to Constitution and Bylaws Committee. B. Constitution and Bylaws Committee must meet with the author within the first three weeks following the motion. 1. Review merit of the change. 2. Suggest changes to author. 3. Check wording and conflict with other parts of Constitution and Bylaws. 4. Author may change or withdraw the motion. 5. Send to the City for preliminary approval. C. At the following General Meeting the motion must be brought up from the table by the Constitution and Bylaws Committee and recommendations made. 1. Revised motion should be read. 2. Amendments accepted,seconded and discussed. 3. Motion to be tabled and referred to Constitution and Bylaws Committee for any amendments. D. At the following General Meeting the motion must be brought up from table by the Constitution and Bylaws Committee. 1. Discussed. 2. Absentee ballots will be allowed and must be presented to the Constitution and Bylaws Committee prior to the vote. 3. Fifty-one percent(51%)of the eligible members must vote to constitute a quorum for a Bylaws vote. 4 The Constitution and Bylaws Committee will tally the vote. 5 A majority of the vote will be required to pass the motion. E. Constitution and Bylaws Committee may submit a proposed change at any General Meeting. 1. Second required. 2. Discussion. 3. Amendments accepted,seconded and discussed. 4. Tabled until following General Meeting. 5. Revert back to Sec. 1-D,I through 4. F. All Bylaws changes made by the floor will go into effect after approval by the City of Eagan. CONSTITUTION AND BYLAWS Page 17 ARTICLE 23 -ADMINISTRATION OF POSITIONS Sec. 1 Position performance shall be governed by duties and responsibilities outlined in the written job description for the position. Failure to perform such duties and responsibilities may result in review and reassignment, as appropriate,of positions by the Executive Board. Sec. 2 All monthly appointed staff positions for which there are additional stipends shall be posted at the appropriate stations for 15 days. Each applicant shall be interviewed by the Executive Board or their designees within 15 days. Position to be filled within the next 15 days. ARTICLE 24-(Reserved for future use.) ARTICLE 25-POLICIES AND STANDARD OPERATING PROCEDURES(SOP) Sec. 1 The Eagan Fire Department SOP is hereby incorporated by reference. Sec.2 If there are conflicting procedures,policies and/or requirements between the Constitution and Bylaws and the SOP,the language in the Constitution and Bylaws will prevail. Signed: Chief Battalion Chief Battalion Chief CONSTITUTION AND BYLAWS Page 18 Should you have any questions about the Bylaws,contact: Craig Jensen,Chairperson Dan Deike Dave Feterl Tony Pojman Judy Smith-Thill Nc,rtheast STATE OF MINNESOTA IFOR BOARD USE ONLY GAMBLING CONTROL BOARD IAMT PAID I PREMISES PERMIT RENEWAL APPLICATION ICHECK NO. LG214PPR PRINTED: (DATE LICENSE NUMBER: B-02228-001 EFFECTIVE DATE: 06/01/96 EXPIRATION DATE: 05/31/98 NAME OF ORGANIZATION: Lions Eagan Club GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Cedarvale Lanes 3883 Beau D'Rue Dr Sagan 55122 COUNTY Dakota IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: Cedarvale Bowl Inc 3883 Beau D'Rue Dr Eagan MN 55122 NAME OF PROPERTY OWNER (WHEN NOT LESSOR) : DCRA Partnership SQUARE FEET PER MONTH: 60 AMOUNT PAID FOR RENT PER MONTH: 1000 SQUARE FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS 3101 Sibley Memorial Hwy Eagan MN 55121 BANK INFORMATION Dakota County St Bank 750 S Plaza Dr Mendota Hgts MN 55120 GAMBLING BANK ACCOUNT NUMBER: 300111200 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. u% 614 TvC7a/A , 9 LE OA l` cQ- (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGMENT G:UMLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE; ; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SIGNATURE OF CH EF EXECUTIVE OFFICER DATE LOCAL GOVERNMENT AC14OWLEDGMENT 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHIP** CITY OR COUNTY NAME TOWNSHIP NAME SIGN E OF ERSON RECE VING APPLICATION IGNATURE OF PERSON RECEIVING APPLICATION �- lklj� �C A . TIT?E DATE RECEIVED TITLE DATE RECEIVED 1�c REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 r ortheast STATE OF MINNESOTA IFOR BOARD USE ONLY GAMBLING CONTROL BOARD IAMT PAID PREMISES PERMIT RENEWAL APPLICATION ICHECK NO. 3214PPR PRINTED: (DATE ICENSE NUMBER: B-02760-003 EFFECTIVE DATE: 06/01/96 EXPIRATION DATE: 05/31/98 AME OF ORGANIZATION: Knights of Columbus Council 7604 Eagan GAMBLING PREMISES INFORMATION AME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED tarks Saloon 125 Dodd Rd agan 55122 'OUNTY Dakota IS THE PREMISES LOCATED WITHIN THE CITY LIMITS? : Y LESSOR INFORMATION ,OES YOUR ORGANIZATION OWN THIS SITE?: No F NO, LIST THE LESSOR: ;ary Starks 052 Loon Ln lagan MN 55121 TAME OF PROPERTY OWNER (WHEN NOT LESSOR) : ;tarks I Inc ;QUARE FEET PER MONTH: 38 AMOUNT PAID FOR RENT PER MONTH: 1000 SQUARE FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY 3INGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS 1025 Sibley Memorial Hwy Eagan MN 55122 BANK INFORMATION 1st Bank Eagan 3629 Krestwood Ln Eagan MN 55122 3AMBLING BANK ACCOUNT NUMBER: 111919448246 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. qtr, �J a , l/� ��b1f �L'�1//.�iif i /� � /�•r//�-U ���� .� (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST { t ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE; ; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SIGNATURE OF CHIEF EXECUTIVE OFFICER DATE 7 20 VOC RNMENT ACKNOWLEDGMENT TY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY L S. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3 . FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4 . THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6 . IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHIP** CITY OR COUNTY NAME TOWNSHIP NAME SIGNAT E PERSON RECRI�VINg AAJPPLICATION ( SIGNATURE OF PERSON RECEIVING APPLICATION TI E DATE RECEIVED I TITLE DATE RECEIVED REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 Minnesota Lawful Gambling Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 Name of Legal Owner of Premises Street Address City Zip Daytime Phone 12,,vp . a' �/.�rr/s��z( b112 ) 1'Y Y-4C Name of Lessor StreetAddress City Zip Daytime Phone (If same as legal owner,write in"SAME") &AWy S7_/71?,VS 3a_5 , a�,c� /,.v AlKl /1,Z/ S'�/moi ( 6/z ) f1..rl- Name of Leased Premises Street Address City Zip Daytime Phone J_P? e_Y 6112 Name of Lessee(name of organization leasing thepremises) GCB license no.of organization Daytime Phone 171 Rent Information • Total rent cannot exceed $1,000 per month for all An organization may not pay rent to itself or to non-bingo activity for this premises. any of its affiliates for space used for the conduct • For bingo activity, use lease form LG222. of lawful gambling. • For pull-tab dispensing machines, use lease form LG223. Rent to be paid per month $ (If no rent is to be paid,indicate-0-) Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct For Premises Permit RenewahApplications Only If do i of gambling and storage of gambling product at this changes have been made at the site,you do not have to premises, attach a sketch (drawing) showing: (1) the complete this section or provide a sketch. leased area(s), and (2) the dimensions. Dimensions /j The leased areas are: 0 - feet by -1' G feet for a total of J'eel square feet. feet by feet for a total of square feet. feet by feet for a total of square feet. StorageZ ��� feet by U feet for a total of /�✓�y square feet. Storage i` d feet by feet for a total of 104• GG� square feet. Combined total �o'Jy square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. Paddlewheels Pull-Tabs Raffles Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the If this is an amended lease showing changes occurring dur- premises permit issued by the Gambling Control Board, ing the term of the current premises permit, write in the unless terminated sooner by mutual consent of the lessor date that the changes will be effective / / . and lessee. Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing The information requested on this form will be used by the Section of the Gambling Control Board at (612) 639-4000. Gambling Control Board(Board)to determine your compliance This publication will be made available in alternative format with Minnesota statutes and rules governing lawful gambling (i.e. large print, Braille) upon request. Hearing impaired 'activities. All of the information that you supply on this form individuals using a TTY may call the Minnesota Relay Service will become public information when received by the Board at 1-800-627-3529 and ask to place a call to (612)639-4000. except,if required,your Social Security number,which remains private. Page 1 of 2 Rev. 8197 r Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 LESSOR PROHIBITIONS agents are found to be solely 4. The lessor shall not modify or Management of Gambling responsible for any illegal gambling terminate this lease in whole or in part Prohibited conducted at that site that is due to the lessor's violation of the prohibited by Minnesota Rules, part provisions listed on this lease. The owner of the premises or the lessor 7861.0050,subpart 1,or Minnesota will not manage the conduct of gambling Statutes,section 609.75, unless the Arbitration Process at the premises. organization's agents responsible for The lessor agrees to arbitration when a Participation as Players Prohibited the illegal gambling activity are also violation of these lease provisions is agents or employees of the lessor. alleged.The arbitrator shall be the CRG. The lessor,the lessor's immediate family, or not modify h lessor The shall y 4. and any agents or gambling employees ACCESS TO PERMITTED PREMISES of the lessor will not participate as players terminate the lease in whole or in part in the conduct of lawful gambling on the because the organization reported to State of Minnesota and Law premises. a state or local law enforcement Enforcement authority or the board the occurrence Illegal Gambling at the site of illegal gambling activity The board and its agents, the 1. The lessor is aware of the prohibition in which the organization did not commissioners of revenue and public against illegal gambling in Minnesota participate. safety and their agents, and law Statutes, section 609.75, and the Other Prohibitions enforcement personnel have access to penalties for illegal gambling the permitted premises at any violations in Minnesota Rules, part 1. The lessor will not impose restrictions reasonable time during the business 7861.0050,subpart 3. on the organization with respect to hours of the lessor. providers(distributors)of gambling- Organization 2. To the best of the lessor's knowledge, related equipment and services or in g the lessor affirms that any and all the use of net profits for lawful The organization has access to the games or devices located on the purposes. permitted premises during any time premises are not being used,and are reasonable and when necessary for the not capable of being used, in a 2. The lessor, the lessor's immediate conduct of lawful gambling on the manner that violates the prohibitions family,and any agents or employees remises. against illegal gambling in Minnesota of the lessor will not require the p Statutes, section 609.75, and the organization to perform any action LESSOR RECORDS MAINTAINED penalties for illegal gambling that would violate statute or rule. violations in Minnesota Rules, part 3. If there is a dispute as to whether any The lessor shall maintain a record of all 7861.0050,subpart 3. of these lease provisions have been money received from the organization, violated,the lease will remain in effect and make the record available to the 3. Notwithstanding Minnesota Rules, board and its agents,the commissioners part 7861.0050, subp. 3, an Pending a final determination by the of revenue and public safety and their organization must continue making Compliance Review Group(CRG)of g g the Gambling Control Board. agents upon demand.The record shall rent payments,pursuant to the terms be maintained for a period of 3-1/2 years. of the lease,if the organization or its OTHER OBLIGATIONS AND AGREEMENTS -Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the leOd the lessee.) ��da C/�'//?O.>!lT6f �Gi2 �Gll-%/�,�jl'Q,c�j;ef/D/- ✓.�v,•T�R'� .r����t=1-- /f�11' �dNc Y .r /�i �'' L�=��� /��.�E r `—v� ����i�,fbr,'/,��J/.Gv� ✓r/tr/IT�',Q S�.Qi/�� This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull-tab dispensing devices.There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease.Any changes in this lease will be submitted to the Gambling Cont I and t days prior to the effective date of the change. C l 1v ign�a}tu of Le or Date Waand nization Official(Lessee) / Date Print Name and Title of Lessor 6Prinitle of Lessee Page 2 of 2 Rev. 8/97 s' « TSS b 0 aplltPU/P o � ° i LD .a � ortheast STATE OF MINNESOTA IFOR BOARD USE ONLY GAMBLING CONTROL BOARD (AMT PAID PREMISES PERMIT RENEWAL APPLICATION ( CHECK NO. .G214PPR PRINTED: (DATE ,ICENSE NUMBER: B-02760-001 EFFECTIVE DATE: 06/01/96 EXPIRATION DATE: 05/31/98 AME OF ORGANIZATION: Knights of Columbus Council 7604 Eagan GAMBLING PREMISES INFORMATION "AME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED :ichards Food & Liquors :185 S Robert Tr :agan 55123 'OUNTY Dakota IS THE PREMISES LOCATED WITHIN THE CITY LIMITS? : Y LESSOR INFORMATION )OES YOUR ORGANIZATION OWN THIS SITE?: No :F NO, LIST THE LESSOR: Jest Jersey Assoc 1185 S Robert Tr lagan MN 55123 TAME OF PROPERTY OWNER (WHEN NOT LESSOR) : SQUARE FEET PER MONTH: 47 AMOUNT PAID FOR RENT PER MONTH: 1000 SQUARE FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY 3INGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS 4025 Sibley Memorial Hwy Eagan MN 55122 BANK INFORMATION 1st Bank Eagan 3629 Krestwood Ln Eagan MN 55123 GAMBLING BANK ACCOUNT NUMBER: 111919448246 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. rw '712 fra,�/� / /� , / ,yrAl �,�� (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE; ; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SIGNATURE OF CHIEF EXECUTIVE OFFICER DATE l OC GO ENT ACKNOWLEDGMENT THE CI * MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIM 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3 . FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5 . A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6 . IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHIP** CITY OR COUNTY NAME I TOWNSHIP NAME SIGNAT OF P NG SON ECEIV APPLICATION IGNATURE OFF PERSON RCECEIVING APPLICATION �^ TI� DATE RECEIVED ( TITLE DATE RECEIVED a .V'j coal a,l-kAq8 REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 -. Minnesota Lawful Gambling Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 Name of Legal Owner of Premises Street Address City Zip Daytime Phone Name of Lessor StreetAddress City Zip Daytime Phone (If same as legal owner,write in"SAME") /� f�1��,v/� I lo�/ Name of Leased Premises Street Address City Zip Daytime Phone � —fD Name of Lessee(name of organization leasing the premises) GCB license no.of organization Daytime Phone Rent Information • Total rent cannot exceed $1,000 per month for all • An organization may not pay rent to itself or to non-bingo activity for this premises. any of its affiliates for space used for the conduct • For bingo activity, use lease form LG222. of lawful gambling. • For pull-tab dispensing machines, use lease form LG223. Rent to be paid per month $ l� (If no rent is to be paid,indicate-0-) Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct For Premises Permit Renewa1.Alic l ppations Only; .lf no of gambling and storage of gambling product at this changes have been made at the site,youjdo not have to premises, attach a sketch (drawing) showing: (1) the complete this section or provide b;sketch leased area(s), and (2) the dimensions. Dimensions The leased areas are: feet by feet for a total of square feet. feet by feet for a total of y OD square feet. V feet by �S feet for a total of � square feet. © Storage 1'0 feet by ` feet for a total of 7 square feet. Storage feet by feet for a total of square feet. Combined total �7, 17J square feet. Lawful Gambling Activity - Type of gambling activity that will be conducted at this gambling premises. Check all that apply. u' Paddlewheels X 1 Pull-Tabs Raffles Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the If this is an amended lease showing changes occurring dur- premises permit issued by the Gambling Control Board, ing the term of the current premises permit, write in the unless terminated sooner by mutual consent of the lessor date that the changes will be effective and lessee. Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing The information requested on this form will be used by the Section of the Gambling Control Board at (612) 639-4000. Gambling Control Board(Board)to determine your compliance This publication will be made available in alternative format with Minnesota statutes and rules governing lawful gambling (i.e. large print, Braille) upon request. Hearing impaired activities. All of the information that you supply on this form individuals using a TTY may call the Minnesota Relay Service will become public information when received by the Board at 1-800-627-3529 and ask to place a call to (612)639-4000. except,if required,your Social Security number,which remains private. Page 1 of 2 Rev. 8/97 F Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 LESSOR PROHIBITIONS agents are found to be solely 4. The lessor shall not modify or Management of Gambling responsible for any illegal gambling terminate this lease in whole or in part Prohibited conducted at that site that is due to the lessor's violation of the prohibited by Minnesota Rules, part provisions listed on this lease. The owner of the premises or the lessor 7861.0050, subpart 1,or Minnesota will not manage the conduct of gambling Statutes, section 609.75, unless the Arbitration Process at the premises. organization's agents responsible for The lessor agrees to arbitration when a Participation as Players Prohibited the illegal gambling activity are also violation of these lease provisions is The lessor,the lessor's immediate family, agents or employees of the lessor. alleged.The arbitrator shall be the CRG. and any agents or gambling employees 4. The lessor shall not modify or of the lessor will not participate as players terminate the lease in whole or in part ACCESS TO PERMITTED PREMISES in the conduct of lawful gambling on the because the organization reported to State of Minnesota and Law premises. a state or local law enforcement authority or the board the occurrence Enforcement Illegal Gambling at the site of illegal gambling activity The board and its agents, the 1. The lessor is aware of the prohibition In which the organization did not commissioners of revenue and public against illegal gambling in Minnesota participate. safety and their agents, and law Statutes, section 609.75, and the Other Prohibitions enforcement personnel have access to penalties for illegal gambling the permitted premises at any violations in Minnesota Rules, part 1. The lessor will not impose restrictions reasonable time during the business 7861.0050,subpart 3. on the organization with respect to hours of the lessor. providers(distributors)of gambling- Organization 2. To the best of the lessors knowledge, related equipment and services or in the lessor affirms that any and all the use of net profits for lawful The organization has access to the games or devices located on the purposes. permitted premises during any time premises are not being used,and are reasonable and when necessary for the not capable of being used, in a 2. The lessor, the lessor's immediate conduct of lawful gambling on the manner that violates the prohibitions family,and any agents or employees c against illegal gambling in Minnesota of the lessor will not require the premises. g g Statutes, section 609.75, and the organization to perform any action LESSOR RECORDS MAINTAINED penalties for illegal gambling that would violate statute or rule. violations in Minnesota Rules, part 3. If there is a dispute as to whether any The lessor shall maintain a record of all 7861.0050,subpart 3. of these lease provisions have been money received from the organization, violated,the lease will remain in effect and make the record available to the 3. Notwithstanding Minnesota Rules, board and its agents,the commissioners part 7861.0050, subp. 3, an pending a final determination by the of revenue and public safe and their organization must continue making Compliance Review Group(CRG)of agents upon demand.The record shall rent payments,pursuant to the terms the Gambling Control Board. be maintained for a period of 3-1/2 years. of the lease, if the organization or its OTHER OBLIGATIONS AND AGREEMENTS -Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) / This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull-tab dispensing devices.There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to the Gambling Control Board ten days prior to the effective date of the change. (��f, , . - � �_, , 2- 1 0==Ca J'A Sig re o Les r Date �*; anizaiion�jOfficial(Lessee) Date -r. — 6;eW Print Name and Titig of Lessor Print Name and Title of Lessee Page 2 of 2 Rev. 8/97 ooA/f ) (�F-cfj� S i4R/r O O IdRle- 1W i ' W a LL -41 \ gt0 77� Sr • /� L"un� 0 IPULl 7A8 S-70 if�t AUI1 Tiff JWI?r, d.o