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01/21/1997 - City Council RegularAGENDA RAGAN CITY COUNCIL - REGULAR MEETING EAC:. --%T MUNICIPAL CENTER BUILDING al"UARY 21, 1997 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) A. COMMENTS/Metropolitan Council Representative Kevin Howe B. PRESENTATION of Minnesota Recreation and Park Association awards to Ken Vraa and Dorothy Peterson V. CONSENT AGENDA (PINK) P , A. PERSONNEL ITEMS B. PET SHOP LICENSE RENEWALS, Heartland Pets - 1960 Cliff Lake Road, Walmart - �• 3.360 Town Centre Drive, Wetworld - 3390 Coachman Rd. #206, Pet Food Warehouse - 1296 Town Centre Drive C. PREMISE PERMIT APPLICATION - Mendota Heights Athletic Association to conduct (Q• pull tab operation at Valley Lounge, 3385 Sibley Mem. Hwy. rP• Q D. EAGAN PROMENADE, Sign revision (Byerly's) 1 E. PRELIMINARY SUBDIVISION EXTENSION - Peter Ramstad for Fox Forest Addition F. CLARIFICATION of Architectural Standards for Eagan Promenade - neon lighting •(yiG. FINDINGS OF FACT for Gardenwood Ponds 3rd Addition - D.R. Horton J H. FINAL PLANNED DEVELOPMENT for Lot 5, Block 2, Eagan Promenade (Don Pablo's) • i5I. APPROVE Amendments to MVTA Joint Powers Agreement (To be continued indefinitely) y�rJ. CONTRACT 95 -RR, Acknowledge completion/authorize City maintenance (Soderholm Add. - Utilities) 24 K. CONTRACT 97-05, Approve plans/authorize ad for bids (Deerwood Reservoir - P' Trunk Watermain) - L. PROJECT 682R, Schedule public hearing (Deerwood Townhomes Utility % Extensions) —a M. PROJECT 668, Approve preliminary engineering agreement with Dakota County (Lone Oak Rd. Upgrade - Neil Armstrong to TH 55) (� N. PROJECT 692R, Schedule Public Hearing (Old Sibley Hwy. - Street' and San. Sewer) 0. RESOLUTION Authorizing the issuance of $7,000,000 multifamily housing revenue refunding bonds (GNMA collateralized mortgage loan/Woodridge Apartments Project), Series 1997A and $905,000 taxable multifamily housing revenue bonds (GNMA collateralized mortgage loan/Woodridge Apartments � •� Project), Series 1997E and authorizing the execution of necessary documents P. RFP for Fire Administration building construction architectural services VI. 1997 CITY ORGANIZATIONAL BUSINESS (GREY) �WA. Advisory Commission Appointments �? Council Meeting Procedures �•� r B. Acting Mayor (� Standing Committee Appts. ,(0b C. Official Legal Newspaper �. Other Appointments D. City Council Meeting Schedule VII. OLD BUSINESS (ORCHID) S A. RECOMMENDATION, Airport Relations Commission, Proposed Modification of Airport Legislation, Environmental Reviews of Airport Expansion 'VIIIB. RECONSIDERATION Gardenwood Ponds 3rd Addition - D.R. Horton, Inc. NEW BUSINESS (TAN) >-,A. REZONING - Fred Wessel, of 4.27 acres from A (Agricultural) to R-1 (Single q-1 Family)and a PRELIMINARY SUBDIVISION (Wessel Addition) consisting of four lots for property legally described as PID #10-01400-014-79 located south and west of Betty Lane in the SE 1/4 of Section 14 IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS"UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO"BE BEARD (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. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 17,1997 SUBJECT: AGENDA INFORMATION MEMO FOR THE JANUARY 21,1997 EAGAN CITY COUNCIL MEETING ADOPT AGENDAIAPPROW MINUTES After approval of the January 21, 1997 City Council agenda and regular City Council meeting minutes for the January 7, 1997, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. COMMENTS/METROPOLITAN COUNCIL REPRESENTATIVE ACTION TO BE CONSIDERED: There is no formal action, however, it is anticipated that a dialogue will occur at the special City Council workshop and that a summary of any issues relative to the Metropolitan Council will be shared with representative Kevin Howe at the regular meeting. FACTS: The City of Eagan has invited Metropolitan Council Representative Kevin Howe to attend the special work session prior to the regular City Council meeting to discuss any issues the City of Eagan has relative to the Metropolitan Council. B. PRESENTATION OF AWARDS TO KEN VRAA AND DOROTHY PETERSON ACTION TO BE CONSIDERED: There is no formal action to be considered, however, there will be an official recognition of both Ken Vraa and Dorothy Peterson as recent recipients of the Clifton E. French distinguished service award and Dorothea Nelson award. FACTS: Ken Vraa received the Clifton E. French Distinguished Service Award on December 6, 1996 at the annual Minnesota Recreation and Parks Association Awards Banquet. This award recognizes long and outstanding service to the recreation, park and leisure service field as well as to the Minnesota Recreation and Park Association. This is the highest professional award the MRPA makes. Agenda Information Memo January 21, 1997 Eagan City Council Meeting • Dorothy Peterson was the recipient of the Dorothea Nelson Award and that award is made to a female member of the Minnesota Recreation and Park Association with 15 or less years of professional experience and outstanding service to the recreation, park and leisure service field in the MRPA. She also received the award at the December banquet. • Jon Gurban, Executive Director of the Minnesota Recreation and Park Association will be attending the meeting to present the awards. ATTACHMENTS: Enclosed is a copy of the information that was provided in the program about Ken and Dorothy relative to the awards. Dorothea Nelson Award Award made to a female member of the Minnesota Recreation and Park Asso- ciation with fifteen (15) or less years of professional experience and outstanding service to the recreation, park and leisure service field, and MRPA. The 1996 Recipient of the Dorothea Nelson Award is: Dorothy Peterson Dorothy Peterson has worked in the field of Parks and Recreation for the City of Eagan for the past 15 years. She began as a part-time employee with the City of Eagan and soon became a full-time Recreation Supervisor. For the past seven years, Dorothy has been the Superintendent of Recreation for the City of Eagan. During her years of service with the City, Dorothy has directed the adult softball leagues, summer playground program, winter skating program and hundred's of youth and adult programs. Dorothy has played a key tole in park development issues in the City dnd with the recent initiation of the "Youth at Risk" program. Dorothy received her Bachelor of Science Degree from the University of Minnesota and her Master of Arts Degree in Organization Leadership in 1993; and she attended the MRPA Executive Development Program at Indiana University in 1987. Many hours of Dorothy's personal time have been volunteered to MRPA working on two NRPA Conferences, chairing the MRPA's CEU Committee for three years, chairing an Ad Hoe Membership Committee to review and recommend MRPA membership categories and fees, as well as participating as an RSC member. Dorothy Peterson is most deserving of the 1996 Dorothea Nelson Award. She is a fine example of successful women in our profes- sion. Clifton E. French Distinguished Service Award This award recognizes long and outstanding service to the recreation, park, and leisure service field as well as to the Minnesota Recreation and Park Association. This is the highest professional award the MRPA makes. The 1996 Recipient of the Clifton E. French Distinguished Service Award is: Kett Vraa Ken Vraa has spent the past 16 years working for the City. of Eagan as the Director of Parks and Recreation. Prior to that, he worked for the City of St. Louis Park and for the Fargo Park District. As Director of Parks and Recreation in the City of Eagan, Ken has built a Park system that is a highly regarded model in this state. Elis leadership in establishing parks maintenance standards, a water quality management program model, facilities to meet the needs of various ages and interests, and recreation programs for a diverse population is respected in his community. • Ken has been a leader for MRPA for 25 years. He has served the organization as its president, East Metro Board member, Administrative Section Chair, Lawful Gaming Committee, Co-chair ofthe Executive Development Program, Strategic Planning Committee, and Nominating and Elections Committee. While Ken was MRPA President, lawful gaming was sensitively established to benefit youth programs, a salary schedule was established for MRPA Staff; and initiatives to market the "Benefits of Parks & Recreation" program were established. Ken received his Bachelor of Science Degree from North Dakota State University, and his Associate Degree in Industrial Relations from the University of Minnesota, and is currently pursuing a Masters Degree in Public Administration. Fie has also attended the Executive Development Program, Revenue Services Management, Park Maintenance Practices and Safety School, and Family Design. 0 Ll 0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 7, 1997 A regular meeting of the Eagan Cift. Council was held on Tuesday, January 7, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were. Mayor Egan:4ind Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City �►�##t�r.f��dges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attom@ji Jim Stie�kibit:'' ft OW/0050, City Administrator Hedges administered the Oath of Office to re-elected Councilmember Sandy Masin and newly -elected Councilmember Bea Blomquist. Councilmember Wachter moved;::Councilrii?inber Masin seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmember Wachter commented on the 1997 Non -Collective Bargaining Employees Compensation/Benefits Schedule on page 3 stating his concern for increasing taxes to cover the increases in compensation rates for employees, but he added that he is also concerned about the difficulty experienced in trying to fill positions to staff warming houses:..." Councilmember Awada moved, Councijst 6 tii 'Ifk 66hter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0.::: Gtiitt ifi ehiber.:Blomquist abstained) Mayor Egan noted that on page one, the secolh* : tciagraph under CDBG Funding, should be changed as follows, "Mr. Besser stated that OWABOPTE helps more than 230 individuals on an annual basis that experience daily challenges to independence and employment." Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) PUBLIC WORKS/ENGINEERING, POLICY'�DIRECTION REGARDING PUBLIC STREET IMPROVEFAENT PETIT -IONS. RANIER LANE Director of Public Works Colbe€:ii�is`ded:iai=:iniiilefer on this item. Councilmember Blomquist asked if a benefit could be shown if the street improvements are undertaken. Colbert said that he felt confident that some benefit could be shown to these properties by doing the improvements. He noted that the benefit is accrued on a per lot basis and does not take into consideration the amount of frontage. He further noted that when this project was addressed. before the cost per lot was very high due to the fewer number of lots to spread the cost over. He: a:-,-: at the benefit received would be equal to the entire cost of the project and would requir:$6'rxte:'W:0€ty subsidy. Mayor Egan stated that he does not vote on issues involving Country Hole:3ieights. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7, 1997 PAGE 2 Councilmember Awada said she does not want to force the whole development to put in the street improvements and is not sure if the Citi:{uld afford to pay for the entire subsidy and would prefer just doing the improvements on Ranier Lane:*'Councilmember Wachter concurred. He suggested going ahead with the preparation of a feasibility repprT:.'W:::l texts 'r*,*.the cost for the improvements for Ranier. Councilmember Blomquist agreed. MaKbr: g it :rtR{ei=! ttsi ;tlWproject should be combined with another project to get better bids. Councilmember Wachter moved; douncilmember Awada seconded a motion to provide City staff with direction to prepare a feasibility report for Ranier Lane only. Aye 5 Nay: 0 SNOW REMOVAL Mayor Egan commended Direct6r6`f Publi for all the compliments that have been reGreived in pass along the compliments to the drtment allowing the purchase of the neoessary'64uipmer s Colbert and the entire Public Works Department to the snow removal. Colbert indicated he would icilmember Wachter thanked the taxpayers for In regard to Item J, Resolution Ag roving exemption from lawful gambling license - South Metro Chapter/Minnesota Deer Hunters assn raffle to he heal on March 14 1997 at Royal Cliff, Councilmember Wachter asked if this was the first time this request has been made by the Deer Hunters Association and what will the money be used for. Derek Funkhauser, reprep.eptltjg the Deer Hunters Association, addressed the Council and explained that the money used f[ptti:ttl.;#fle will be used for deer habitat programs, hunters against hunger programs, educatic;::yi:6sifeEji:rograms and to support hunting issues in the legislature. He also explained their relaitipfjgt ip46 tha 0NR. A. Personnel Items Item 1. It was recommended to approve the hiring of $ems:fllaisdell, Eric Damann, Fran Dropik, Scott Ellingson, Alex Folken, Cary Hansen, Eric Hansen, Jay Harms, Amanda Helebrant, Peter Howlett, Christopher Jensen, Philip Kowalczyk, Kimberly Larson, Jason Lay, Jennifer Nelson, Joe Petsinger, Stephanie Welberg, Mark Koloc, and Cory Phillips as seasonal part-time Winter Recreation Leaders. Item 2. It was recommended to approve the•.hirang of Gretrlhen Kasner as a part-time seasonal Skating Professional. Item 3. it was recommended to approve:& hiring: # Sean Moilanen as a seasonal Streets Maintenance Worker: Item 4. It was recommended to apprQi?Ete:%i tt:le<iisj::oehling and Douglas Kuehn as seasonal Parks Maintenance Workers. "' ""' • • • . Item 5. It was recommended to approve the hiring of Kevin Finley, Greg Neumann and Daniel Smith as part-time seasonal Broomball Officials. Item 6. It was recommended to approve.>,f3i6tittg':Cii:ad Matsch as a Police Officer. Item 7. It was recommended to appro�e.;6ie hiring of Susaii-Smart as a part-time Clerical Technician III in the Police Department. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7, 1997 PAGE 3 Item 8. It was recommended to approve the collective bargaining agreement with the Police Dispatcher unit for 1997 and 1998. Item 9. It was recommended to aocept*1h6 letter of resignation from Police Officer Robert Jurgens and approve the payment of leave balances 11s:#itis4�►..>>teec#;#o Item 10. It was recommended to approve. -accepting the proposal of United Wisconsin Group to be the City's carrier for its life, A D & D, and ioAg:ferm disability insurance coverages for employees. Item 11. It was recommended to approve the hiring of Dave Miller as a seasonal part-time Ice Rink Supervisor. B. Resignation. Patrick Grinde. Economig. evelopment Commission. It was recommended to accept the letter of resignation of Patrick Grinde fr6 the EcoROMiC Development Commission. C. Contract. Mobile Data Communicatiotis:Servic": r the Ci of Apple Valley. It was recommended to approve a contract with the city of Apple- alley for-piiblic safety mobile data communications cooperation and support as presented. D. Resolution. 1997 Fiscal Year CDBG Allocation. It was recommended to approve a Resolution approving the application of the City of Eagan for Fiscal Year 1997, Dakota County Community Development Block Grant Funding. E. Confirmation of Findings of Fact Conclusions & Region of Denial AMS Properties,It was recommended to approve the Findings of Fact reg�irditlg:t:omprehensive Guide Plan Amendment to change the land use on approximately jm'iiiiit Shopping Center (CSC) and D-1 Residential to D-3 Mixed Residential tolb:the developtiaent of townhomes on property located on Beau D'Rue Drive in the northeast one-quarter of 1SeetiAn 19. F. Confirmation of Findenasof Fact. Conclusions-::;�;R� Jtltion of Denial. Philip Larson. It was recommended to approve the Findings of Fact regardiii j = proposed Comprehensive Guide Plan Amendment from D-1 Single Family Residential to Neighborhood Business (NB) for 2.42 acres at the southwest comer of Cliff and Dodd Roads to allow the construction of a retail center. G. Approve, Supplemental Agreement #2. Contract 96-10. (Yankee Doodle Rd. - 1-35E Bridge) It was recommended to approve Supplemental Agreement No. 2 to.Contract 96-10 (Yankee Doodle Road 1-35E Bridge Construction) and authorize the MaCsfi:toecutlited documents. H. the bid receive )onsible 1. Contract 97_04 Receive bids/award'cohtract'(CdeohiltatYyt/ater Treatment Plan Renovation) It was recommended to receive the bids for Contract 97-04 (Coachman Road Water Treatment Facility Operational Repairs) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all necessary contract documents. J. Hunters Assn raffle to be held on Mareh::14-1997 at' -%t j . Cliff. It was recommended to approve a iE`6f resolution providing for an exemption frthe lawful gam license requirement for the South Metro Chapter of the Minnesota Deer Huntere.,Association for a raffle :which will be held at the Royal Cliff facility on March 14, 1997. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7, 1997 PAGE 4 K. Massage Therapist License Julie Ann Stark to practice at Lifetime Fitness It was recommended to approve a massage therapist license for Jolie Ann Stark to practice at Lifetime Fitness as presented. L. Tobacco License - Stuart And -rson'c C.'attie Company. 1288 Promenade Place, It was recommended to approve a tobacco license for Stuart pfa`SaxEl>::rirtpany at 1288 Promenade Place. M. Construction/Debris Hauler License-, Veit Container Corn It was recommended to approve a construction/demolition debris hauling life for Veit Container Corporation as presented. N. west for Modification 1997 Fee Schedule It was recommended to modify .the 1997 Fee Schedule relating to grading/excavation permits removing the increase identified for 1997 and the rates to remain at the 1996 levels. O. Contract 94-H Acknowledge Comolei6ri/AutMe City Maintenance for Gardenwood Ponds streets and Utilities. It was recommended to:: ivknowle p completion of Contract 94-H (Gardenwood Ponds Addition -Streets &Utilities) and author perpet" City maintenance subject to warranty provisions. Councilmember Wachter moved'.*- Wri<;seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETINGS City Administrator Hedges commented.n.-P #i d::for the Council to set Special City Council meetings. Councilmember Wachter moved, .4 ilmem!56 Awada seconded a motion to set Special City Council meetings for January 21 at 5:00 p:m:"ati#i;:3sirittar c28 at 5:00 p.m. (time is tentative for the 28th). Aye: 5 Nay: 0 WAIVER OF SUBDIVISION - DON PRIHODA TO ADJUST THE COMMON LOT LINE BETWEEN LOTS 21 AND 22, BLOCK 1, BRITTANY 10TH ADDITION LOCATED -AY -4784. L: RPON LANE City Administrator Hedges providiiid an ol'We"w on this item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public, hearing fi'anyone wishing to speak. Don Prihoda, applicant, addressed the Council. There being noise else *Jjking to speak, Mayor Egan turned the discussion back tp the Council. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a Waiver of Subdivision to adjust the common lot line between Lots 21 and 22, Block 1, Brittany 10th Addition, on London Lane, in the SE 1/4 of Section 33, subject to the following conditions: 1. The applicant dedicate a 1.9t`¢bf tar ih .arid utility easement centered over the new lot line between Lots 21::::::::;:. 2. No construction can occur over the existing'easement on Lot 22 unless it is vacated. 3. The applicant shall rercl. the ;wair..koa County within 60 days of Council action. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 5 Aye: 5 Nay: 0 AUTHORIZE MEDIATION TO::PM1 QP' CQ.#_MA QCT TERMS FOR AGREEMENT WITH THE MAC FOR PKbA8ITION''OF'i4"915F't'TH PARALLEL RUNWAY City Administrator Hedges providjW an overview on this item. Councilmember Blomquist stated that she feels everyone, including corporate citizens, should be included in discussions regarding mediation. She further stated that she could not support motions made by the Council last year pertaining to portions of the legislation. She said that even though some noise affects residents in the City it is important to recognize that there are still benefits received from the airport. She commented on the significant number of employees who reside in the City andi6 employed by Northwest Airlines. She stated that the City has an economic interest in supporting the riffs of thii,.Airline industry. Councilmember Wachter stated:'tksat the olk*sition to the north/south runway may not be in the best interest of everyone in the City end::for.."I. feaAon._he:.would not support the such a position. Councilmember Blomquist said that Ngitt'W*8;:-Xr**6-* i�ti�:be included in the negotiation process. Mayor Egan noted that the rationale behind the cflricem about the north/south runway is that it would introduce a great deal of additional noise to an area in the City that has not been impacted by noise. Councilmember Masin added that economic viability of the whole region is dependent upon having a first class airport but the City should not bear the brunt of all the problems associated with the airport. Councilmember Blomquist reiterated that the City needs to consider the economic value of the airport. Hedges stated he talked with Doug who is in charge of Legislative Affairs.::f consideration to mediation. He said thafN process. He further said they were unders resident of Northwest Airlines and Bob Benner lines and discussed why the City is giving could be invited to participate in the mediation ,sable to mediation as it is being presented. Councilmember Awada stated that the Councii:��t i; :in agreement to entering into mediation. Councilmember Blomquist noted that she is in agreement with mediation but could not support land banking because it was voted out in the last legislature nor could she support extending noise mitigation to the 54 DNL because she believes that it is not scientifically supported. Mayor Egan agreed that there is no support in the legislature for land banking. Assistant to City Administrator Hohenstein said the legislative program is a separate issue, but that it would be helpful if the Council identified which items in the legislative program they would like changed # r Qo-nittso.::.:f}%s ssion continued regarding 54 DNL vs. 60 DNL. Councilmember Masin moved,.-,Councilme'mber Awada seconded a motion to approve staff authorization to enter into mediation tp=:#ievelop::'Q`M"' tract terms for agreement with the MAC for the prohibition of a potential future north pii'all:Wq a"-. ,Ay ; %4:::Nay: 0 City Administrator Hedges said that a motion for reconsideration should be made if the Council wanted to reconsider the 1997 Legislative Agenda acted on at the last City Council meeting. Councilmember Awada moved, Councilmember Wachter seconded a motion to reconsider the motion made at the December 16, 1996 City in in regard to the 1997 Legislative Agenda Aye: 4 Nay: 1 (Councilmember Masin oppos . . • Councilmember Awada made amotion to amend Idle approval of the 1997 Legislative Agenda deleting the land banking section. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7, 1997 PAGE 6 Councilmember Blomquist asked if the 54 DNL language would also be deleted. Councilmember Wachter stated that by the time some .O.:iihe legislation is enacted the new Stage 3 airplanes will be in operation and the decibels may even b :16wer than the 54 DNL. Mayor Egan gave a brief history of the mitigation plan and he said that this is ihe•Council's one and only chance to provide the community with the greatest degree of noise mitigation T"Mm Councilmember Wachter seconded the motion to amend the approval of the 1997 Legislative Agenda deleting the land banking secttaR: Mayor Egan added that he will support that action with the understanding that this may be reconsieked in the future if the MAC'S assumption proves to be flawed. Councilmember Masin that the reason the dual track study was cut short was purely politically motivated and had nothing to do with the viability of the airport or the future of air travel. She questioned what the worst case scenario would be if the State were to enact land banking and then not need the land in the future vs. what will happen if there is.,no, land banking done now and then the need arises for airport expansion. She stated that deleting tli :and banking section is short sighted on the part of the Council. Mayor Egan said he did not disagree wi#t:eouncil5"ber Masin but noted that there is no political support for land banking and believes this will * econsid6t;ed again in the future. Councilmember Blomquist noted:#W:;$#id."Wpuld:.I*a::t4 see what the 54 DNL covers and will not support lobbying for that and that more 46il&":i ti8:h6bded:*She also noted that it is misleading for the Council to support land banking when they are aware that the legislature is not in support of it and it is not a viable option. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Masin opposed) REZONING & PRELIMINARY SUB.01V1$1dW - D.R. HORTON, INC. (GARDENWp©t%31s 8:3RD ADDITION) City Administrator Hedges pro3ided.an.overvieW:*W this item. Senior Planner Ridley gave a staff report. Hedges noted that it is the City At}dri 4yA:p p8!gp that Sienna Corporation owns Outlots C and D. Councilmember Awada asked when the trail considered. Ridley stated that the issue was addressed at the November Parks Commission meefliiei;:::: Kim Kuhn, President of the homeowners association and resident of 828 Trotters Ridge, addressed the Council and said that a Sienna document states in October of 1988 Sienna Corporation wanted to take the outlots and incorporate them from Bridleridge 2nd Addition into the homeowners association and they unintentionally included Outlots C and D. City Attorney Sheldon stated letti t4i -1>eeff orrectly reflected in the opinion given to the City Council by the Attorney's office.:: said th0f=the letter states that Sienna Corporation owns the property but it is subject to the declaration of covenants and conditions and restrictions that was filed in Bridleridge, but the land can still be rel'itied. Jim Johnston, representing the:91the Council and stated that Sienna does own the outlots and they are encumbered by the private covenants of Bridleridge. Don Patton, representing D.R. Horton, addressed the Council and said that they are willing to custom grade two lots to save more trees. Bill Nyman, 865 Trotters Ridgy;: _4iddressed �.tli'e::.'Qpuncil and stated he was concerned about accumulative tree loss with the installat6l:ipfi the sanitary sero'► : line. He said he was also concerned about the cul-de-sac design. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7, 1997 PAGE 7 Senior Planner Ridley clarified that the original Gardenwood Ponds development plan of 1993 did not incorporate the outiots in the development because they did not own the property. He said that since they acquired the.outlots, there has beert:* redesign of the development plan to incorporate the additional land. • • . Mr. Patton said that only 18.3%Ir ee?a>i possibly even less with custom grading of some of the lots. Councilmember Wachter stated ftf the Council is very concerned tree loss. Mr. Patton said that leaving trees on the site is a benefit to the buyers and adds great value. Councilmember Wachter noted that he was a proponent of keeping the cul-de-sac at 500 feet. A videotape of the trees in the area was shown and pictures were also presented. Mr. Patton indicated that no trees would be removed #v: accommodate the location of the trail. Mayor Egan noted that the house footprint was generating the Mpst conceth::tn regard to tree loss. He asked the City Attorney if the City would be able to regulate the ttk# ber of Oi�es that can be removed if it is less than the City's threshold requirements under the Tree Pre6"ervatiori6dinance. City Attorney Sheldon said that the number of trees to removed either meets theTref?F;sir'Vttcm;#d+flar�ce or does not. Mary Nyman, 865 Trotters Ridge, addressed the Council and stated she was concerned. about the accumulative loss of trees in the area. Councilmember Awada said that the only reason to grant the variance for the cul-de-sac is to create more lots. Councilmember Blomquist concurred. Doug Fuller, 853 Trotters Ridge, encroach into the tree line but the new F is no compelling reason to change the z Lots 3 - 6 be made a condition of the 0 ]ncil and added that the existing plan does not and the tree loss is significant. He said there and D. He requested that custom grading on the subdivision, if it is approved. Mr. Johnston commented that they were not includi6d:iri;-Joe Miller Homes' application process and the plan left an acre and a half of their property without appropriate use or road access. He stated that the original plan, as submitted, was inappropriate and did not take the needs of the landowner into account and would condemn their acre and a half to free open space. Councilmember Wachter noted that whatever the Council action, the developer and the landowner will have to work together to eliminatethe:; itQt}I j Qw . lftember Blomquist stated she is not in favor of the loss of more trees. She questionO: Ww ritii %t' 3imes'trees are allowed to be removed and when is the 20% requirement met. She suggesieil this sbd be examined if it is not already covered in the ordinance. Mayor Egan agreed and said; that an aq. egate gross amount should be set in regard to how many trees are allowed to be removed.::::::::: Cou n ci I me mber Wachter moved;'Cor*1*)*6lrrierrr( fiA4c idai seconded a motion to approve a Rezoning of 1.52 acres from PD R-1 (Planned Development - Single Family) to R-1 (Single Family). Aye: 5 Nay: 0 Councilmember Wachter moved, Coundilrrlember Masin seconded a motion to deny a Preliminary Subdivision consisting of 15 lots on 18.56 act i� 1 ri rlce of 200' to allow a 700' cul-de-sac, located north of Northview Park Road, west of Trot r 'Ridge an 0.Whwest of Bald Lake in the NE 114 of Section 23. Aye: 5 Nay: 0 Councilmember Awada stated tl kthe purpose of a Viglance is for betterment of the property and EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7, 1997 PAGE 8 only when a hardship exists. She also requested that the City Attorney prepare Findings of Fact. REQUEST FOR RECONSIDERATION, GREG AND MARILYN ROUNDS UTILITY CONWiliCi TION, 3170 PILOT KNOB ROAD City Administrator Hedges provio.W "sR *"*" " *l' 'W -i sh:- item. He said it would be appropriate for the Council to consider a motion for reccnsid�ration'tiftlie douncil's action of November 4, 1996. Mayor Egan asked if there were any changes.dxhe circumstances since the last time this item was before the Council. Hedges said that there may b"idence pertaining to the issue of publicJprivate installation. Councilmember Blomquist noted that the City Code does not allow a newly created lot to share a private water system, but she noted that this is not a newly created lot. Mayor Egan recalled that when Pilot Knob Road was improved the Council required all the lots along Pilot Knob had to have utility connections installed publicly. CouncikiiiQmber 81.omquist stated that it is her understanding that the Rounds have two separate lots of recon;; ::' Direct& -.6f Public Works Colbert stated that according to City records, the Rounds' parcel is recorded;" one Iot::::;Councilmember Blomquist questioned why there is a ds separate driveway access to the Roun'::properly:: Colbert stated that a second driveway access was installed at the property owner's requa:: Pt. ;I�nQb.: road was upgraded in case there was an eventual waiver of plat or lot split in futut8:]i:::::::::::::i:::;: Councilmember Awada moved, Councilmember Wachter seconded a motion to reconsider the Council's action of November 4, 1996 concerning the utility connections for 3160 and 3170 Pilot Knob Road. Aye: 5 Nay. 0 Councilmember Awada stated that it will prob; publicly or privately. After reviewing several Dptivil suggested allowing a one inch water ser.vj6i-#:-b6,firl': Egan noted that if a problem occurs wit'h".1 iei. newly it the other property owners' service and vic2::ve, installation of the line between Lots 20 and 21 is'.ai he contacted Weierke Plumbing and they indicated the the connection to either Jurdy Court or Pilot Knob appropriate option for the installation of the utilities. dl}rr? be determined if the utilities were installed proposed by Director of Public Works Colbert, she all6d between Lots 20 and 21 as an option. Mayor stalled line, per the proposed plan, it will not impact director of Public Works Colbert indicated the l4.#f ,gW would be shorter distance. He added that the:ids stimate would be about the same to make Road. "Discussion continued regarding the most Councilmember Awada moved, Councilmember Wachter seconded a motion to add the option of allowing a new one inch service water service from Jurdy Court between Lots 20 and 21 if a private easement is acquired by the property o ±r r :iicilihso ..y.::80wer connections to be according to City standards. 'Mr. Rounds addressed the Cou[ic*U and stafed that there is an easement between Lots 19 and 20 that is shown on the Bonestroo Roser t$:lan. Cayfbert referred to a construction design drawing which accurately reflects the sanitary sewer beA :.:L*t is -S wd:2Q•and acknowledged there was a notation that indicated there was a 15 foot utility easisixieflt asei� tl>$:}1Qi#hywood plat. He said this construction plan was prepared, and the construction was performed, in the summer and fall of 1973. He further said that when the Donnywood plat was recorded at Dakota County at the end of November of 1973, after the utilities were installed, it inadvertently dedicated the easement between Lots 18 and 19, even though the sanitary sewer was constructed between Lots 19, and.20. He stated that the construction record plans are not accurate in this regard. Mrs. Rounds :#;> oke to the people who owned the home on Lot 20 and they told them there is a dedicated tiiiE*T*:i tiP ea'se> r&Qn the easttwest property line. Colbert added that this is not shown on the DonnywothAd:: slat that is recd at the County. Councilmember Wachter suggested that the Rounds bring in proofat there is an easement between Lots 19 and 20. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 9 Mr. Rounds asked why there would be a problem with horizontally piercing a line between the lots. Colbert indicated that there is not a problem with the method of construction, but there needs to be an easement to allow the construction. CotiWlmember Awada said that if the Rounds can prove there is a recorded easement between Lots 19 andA and/or Lots 20 and 21, they should submit this information, otherwise they will need to get a private oasepx"..Wtween Lots 20 and 21. Colbert noted that he spoke to the County officials and they said a vrieiitiicul;tie made to Pilot Knob Road, if it were the only option available. A vote was taken on the motion:'1Are: 5 Nay: 0 PRELIMINARY,4$UBDIVISION - MICHAEL J. BASK (SO.i'.i`H OAKS -:2ND ADDITION) City Administrator Hedges providi2d an ovemmw on this item. -Senior Planner Ridley gave a staff report. Michael Rask, applicant, addresi6a:i ... Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a Preliminary Subdivision consisting of two lots on .87 acres for property currently platted as Lot 1, Block 1, South Oaks Addition, located at 4560 East Greenleaf Drive, subject to the following conditions: The developer shall comply with Council on February 3, 1 -W"::A 2. The property shall be ird conditions of plat approval as adopted by 1, 131, E1, F1, H1 3. A cash water quality dedication shaR;b.q*t quligo for the proposed Lot 2. 4. A cash park and trail dedication shall be required for the proposed Lot 2. 5. An Individual Lot Tree Preservation plan shall be submitted with the building permit for the proposed Lot 2. Aye: 5 Nay: 0 COMPREHENSIVE GUME:-*PLAN "*E**NDMENT - OAK HILLS CHURCH City Administrator Hedges proviid& an ove�iiew on this item. Senior Planner Ridley gave a staff report. He added that the easterly propedy- :#red that his seven acres be removed from consideration of the amendment. :_ Rod Carlson, Pastor of Oak Hills Church, addressed the Council and provided the history of the church and added that they would like to locate their church in Eagan and feel they would be good neighbors. Paul Page, landscape architect,.rssed the Ciipil and discussed the revised site plan and access points. He noted that there woulid'tae approximately'.% to 30% tree loss on this site. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7, 1997 PAGE 10 Mayor Egan noted that the County's right-of-way requirements are different along Yankee Doodle Road. Director of Public Works Colbert indicated that the County continues to increase right-of-way requirements as they become more info] d about long-term traffic projections. He said that one of the concerns with the revised proposal is that #l!i6 intent of the upgrade to Yankee Doodle Road is to eliminate accesses for individual parcels and that e some type of common drive with a cross easement for this development. Sandy Malmquist, 3494 CoachrWj Road, addressed the Council and she is concerned with the preservation of the wildlife and trees ande increased traffic. Councilmember Awada said that this is an application for a Comprehensive Guide'Plan Amendment which is not giving approval to their plan for a church but only changes the land use designation. Ms. Malmquist noted that she is not opposed to having a church in their neighborhood but would like to be kept informed. She asked what the Council intends to be done with Mr. Kim's parcel of property. Councilmember Awada asked if the land use designation could legally be changed on all 14 acreg:nfi land. City Attorney Sheldon said it could. Councilmember Blomquist stateti-'That the ft1fic generated by a church would be much less than what would be generated from high deri* residesftiial. Art Malmquist, 3494 Coachma[K::I ::.gdste i; ::.*#jir Council. Mayor Egan noted that the application would have to meet the City's `free'P?i3'saivaiibt "Ordinance. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Comprehensive Guide Plan Amendment to change the land use designation on the entire 14 acres from D -Ill Mixed Residential to PF Public Facilities that would allow -construction of a church on the southeast corner of Yankee Doodle Road and Coachman Road. ,. Vie:::5: Nay: 0 City Administrator Hedges stated-Abi t::#dere. is going to be a combined meeting of the Dakota County League of Governments and Dakotapct iri jr: r�tApnagers group on January 17 and said any member of the Council is welcome to serve as a particiRait df:the symposium. He also noted that there will be a meeting tomorrow at the Valley Lounge with legitlators, County Commissioners and Small Business Association members to discuss the issues regarding TH 13. He noted that a calendar listing the various meetings for the month of January will be sent out to the Council. Councilmember Wachter said that at the meeting tomorrow with the legislators he would like to discuss how much is being paid toward fisc0trj"rities.an4,:also what the City is paying in property taxes for the Minnesota Valley Transit Authoribji;; Councilmember Masin stated t69 on January 16 the League of Women Voters is having a meeting on fiscal disparities. She added that in f gOrd to tt*..MVTA, transportation funding will be discussed at the meeting on January 17. She further addied•ttYPtluL,suburban transportation organizations will be having a meeting with the legislators o6.'j06j 21 PROPOSED LEGISLATION TO AMEND MINNESOTA STATUTE 473.858 City Administrator Hedges provided'i triet`viev-mthis item. He said that it would be appropriate for the Council to take action endorsin #rt0 proposed Mirf iment. Councilmember Awada suggested sending letters to other communities stating the City of Eagar4's position. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7, 1997 PAGE 11 Councilmember Blomquist moved, Councilmember Wachter seconded a motion endorse the proposed amendment to statute 473.858 and direct the City Administrator to send letters to our legislative delegation and other communities. Aye::.:5:-Nay: 0 A member of the audience oongi... .... Co irroili tuber Blomquist on her election to the City Council. Director of Public Works Colbert noted that the Mayor and Councilmember Masin had received calls from Burr Oak Hills residents who were concerned about MnDOT's requirement to construct a bypass lane on TH 149 to allow through traffic to drWgaround those who are stopped waiting to make a left hand tum into the recently approved Gopher ResoOt s devel6oment. He said that MnDOT is going to require that the northbound bypass lane be constniRed as a::CUntinuous lane into the existing right turn lane onto Rolling Hills Drive. He further said that UJO: esidenis.ire concerned about through traffic coming into, what is now, a protected right tum lane. He. added. xhat NInDOT does not feel this is a safety concern. He further added that if the residents still:#gal: ttj i�g::3s:a:: ::%Ssue a neighborhood meeting could be coordinated. He also commended Amie't itikt'iiir 'his''ofifvrts in regard to snow removal during the holidays, especially during his and Tom Struve's absence. City Administrator Hedges also commended the Street Department on their snow removal efforts. He discussed the savings the City will realize as a result of switching insurance carriers for life, A D & D and long term disability coverages. Councilmember Wachter noted,4he::.-*W%r e.'ji.:the bid received for the Cliff Road Reservoir demolition. Councilmember Wachter asked-. 'the expari0on of the zoo would utilize the same sewer line as is established now and the impact to the:Citytyf:E�gari.' Colbert stated that the downstream line through the City is properly sized to handle any anticip 6d.ieXPatlogn._ Councilmember Masin commented on the notice rei:�ivtd about the Youth Forum and she noted that nothing has been done since the first forum was held. She cited the City of Falcon Heights as an example of an intergenerational city. She said that in the November issue of the Cities Magazine there was an article about the Iron Range Youth Program which promotes the involvement of youth in decision making and leadership roles. City Administrator Hedges stated that there is a grant that the City could seek. Councilmember Wachter asked if it would he:p.mible to, hold: the youth programs at the school instead of at the Wescott Hills building. that the programs typically are more successful if the facilities are brought igtci :#he nekjpborhoods. Councilmember Wachter stated that the issue should be explored further. Councilmember Blomquist noted-jh6t.more iti6.shAuld be spent in lobbying about fiscal disparities. She commented that the Council and stiff t�0"es#:�i l�� :l t=friendly and work with residents to resolve issues. Mayor Egan noted that the Council and staff are 'generally user-friendly, but there is always room for improvement. Councilmember Wachter stated that he would like more information on the revenue report on property taxes in the budget. In regard to t p:"O,' :hpd questions on pages 1, 14 and 21. Councilmember Blomquist also tt several questiion;r:fegarding the bills. She questioned why so much is being spent on oak wilt and if ftW-City is being reii'iftrsed. Councilmember Awada stated that the Council has felt this is a priority. C_Administrator Hedges stated that he would provide clarification EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7, 1997 PAGE 12 to Councilmember Wachter's and Councilmember Blomquist's questions. Councilmember Wachter moved,'.'Mayor Egan seconded a motion to approve the check register dated January 3 in the amount of $3,1 02:t 1 (Councilmember Blomquist abstained) WAVY~, The meeting adjourned at 9:50 p.m. to an Executive Session. Date City Clerk MLK If you need these minutes in an altemati4. s braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454- 8535). 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 creed, religion, national origin, sex, disability, age, sexual orientation, marital status .or.&Oregard to public assistance Agenda Information Memo January 21, 1997 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Part-time Police Dispatcher— ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as a part-time Dispatcher in the Police Department. FACTS: The hiring process for a part-time Dispatcher in the Police Department is in its final stages. Currently, background checks and a psychological examination are being made. It is anticipated that we will have the name of the person to be recommended for hire by late in the week of January 20. Item 2. Resignations/Water Production Maintenance Workers -- ACTION TO BE CONSIDERED: To accept the resignations of Michael Hillman and Robert Zweiner as Water Production Maintenance Workers. Item 3. Seasonal Part-time Winter Recreation Leader— ACTION TO BE CONSIDERED: To approve the hiring of Mary Gray as a seasonal part-time Winter Recreation Leader. Item 4. Seasonal Part-time Broomball Officials -- ACTION TO BE CONSIDERED: To approve the hiring of Jim Campbell and Vincent Mergens as seasonal part-time Broomball Officials. Agenda Information Memo January 21, 1997 Eagan City Council Meeting PERSONNEL ITEMS (continued) Item 5. Seasonal Part-time Ice Rink Supervisor— ACTION TO BE CONSIDERED: To approve the hiring of Jill Isebrand as a seasonal part-time Ice Rink Supervisor. Item b. Seasonal Park Maintenance Worker— ACTION TO BE CONSIDERED: To approve the hiring of David Jungers as a seasonal Parks Maintenance Worker. Item 7. Liaison Representative/National Organization on Disability— ACTION TO BE CONSIDERED: To approve the reappointment of Assistant to the City Administrator Duffy as the City's representative who will serve as liaison to the National Organization on Disability. Item 8. Non -Collective Bargaining Employees Compensation Plan Amendment— ACTION TO BE CONSIDERED: To approve changing the compensation plan for non -collective bargaining employees wherein if a step increase would be effective during the first week of a pay period, the step increase would take effect the first day of that pay period and if a step increase is to be effective the second week of a pay period, the step increase would be effective as of the first day of the next pay period. FACTS: The above is merely an administrative procedure to facilitate processing of pay step raises for non -collective bargaining employees to be consistent with language that was recently approved in both police and dispatcher contracts. When the item was being considered for those bargaining units, a financial study was made an it was determined that in the long term there would be no overall financial impact to the City. MW Agenda Information Memo January 21, 1997 Eagan City Council Meeting B. PET SHOP LICENSE RENEWALS ACTION TO BE CONSIDERED: This item is to be continued to the February 4, 1997 City Council meeting. 3 Agenda Information Memo January 21, 1997 Eagan City Council Meeting C. PREMISE PERMIT APPLICATION - MENDOTA HEIGHTS ATHLETIC ASSOCIATION TO CONDUCT PULL TAB OPERATIONS AT VALLEY LOUNGE. 3385 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To approve a premise permit application for the Mendota Heights Athletic Association to conduct pull -tab operations at the Valley Lounge as presented. FACTS: * The City is in receipt of an application from the Mendota Heights Athletic Association (formerly the Mend -Eagan Athletic Association) to allow fund raising by charitable gambling at the Valley Lounge. The application has been reviewed by staff and is in order for consideration by the City Council. The Valley Lounge was formerly the location of a pull -tab permit for the Minnesota Valley Humane Society. ATTACHMENTS: Resolution onPag e . Application enclosed without page number. RESOLUTION CITY OF EAGAN GAMBLING PREMISES PERMIT FOR MElti'DOTA HEIGHTS ATHLETIC ASSOCIATION WI�EREAS, the Mendota Heights Athletic Association has applied for a gambling premises permit to conduct a pull tab operation at Valley Lounge, 3385 Sibley Memorial Highway; WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Mendota Heights Athletic Association application to conduct a pull tab operation at Valley Lounge, 3385 Sibley Memorial Highway. Motion made by: Seconded by: Those in favor: Those against: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: CERTIFICATION Its Clerk 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 21 st day of January, 1997. E.J. VanOverbeke, City Clerk C W Agenda Information Memo January 21, 1997 - Eagan City Council Meeting ACTION TO BE CONSIDERED: P. To approve or deny a revision to the sign plan for the Byerly's store in the Eagan Promenade. FACTS: As part of the Eagan Promenade Sign Agreement, Byerly's was allowed overall signage of 500 square feet on the south elevation, which included 4 subtenant signs. At the September 17, 1996 City Council meeting, a revision to the Byerly's sign plan was approved which increased the number of subtenant signs to 5, adding an 11.25 sq. ft sign. The City Council approved the change as long as the over all signage did not exceed the originally approved 500 sq. ft. for the south elevation. ► Byerly's is now requesting one additional subtenant sign of 11.6 sq. ft. This will increase the number of subtenant signs to 6 with an overall signage of 452.4 sq. ft. on the south elevation. BACKGROUND/ ATTACHMENTS: (2) Exhibits, pagesj__�thru_? . 0 7.n 'A V4ti6 £68 Z i 8 '0N W ZO/ZO 'd Z2t7C l £ BZ 19 'ON XV:l *Lea etc 9199& mom unOH 1 X3018d ON I SA 183A8 Zzb£T£B2T9 1 it al WI LO/CT/Ta £ l :9I H014 L6-£ l -NW 00:91 NOW L6-£1-Nvr JAN -15-97 WED 10:57 BYERIYS INC 6128313422FAX N0. 8128313422 O W co CD LU _Z m o c ca N V N cn N MI N u7 w � = n J N O 1L LIJ a Z O a: ti r- 07 T.; M O I" In gn OD ui � N co N M tt] O C c^! a0 c"> `C r- %- N en N tV V) 0 M cq C r � ti Q v W) Z N N� 0 J H U 2 2 d � Fwy- W w LL- 0 L_co Uco O JZ co zmtZ �Q SprO of LL ct) ZCL<�w_zrxJ4 ,� O m m v h P. 02 w tr 0 Agenda Information Memo January 21, 1997 - Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve or deny a six (6) month extension to the Preliminary Subdivision for Fox Forest Addition.. FACTS: On January 16, 1996, the City Council approved a Preliminary Subdivision for Fox Forest Addition located in the SE 1/4 of Section 22 just west of Lexington Way. The applicant has recently submitted a letter to the City formally requesting an extension of the Preliminary Subdivision. The applicant has recently obtained financing for the required sewer and water improvements and is currently in the process of completing application submittal requirements for Final Subdivision. The 6 month extension is adequate time needed to submit and process a Final Subdivision application. BACKGROUND/ ATTACHMENTS: (2) Preliminary Plat - Fox Forest Addition, page. Letter from Peter Ramstead, page. A S t Z _ 3 ,—I Ro- < e get ! t i ;;j i!i fill, AVM N'010NIX31 " o ■c-ao *MV3 40 .110 �o g$ S i� 1� s�■ i� ■■s s � J ■ ■c-ao *MV3 40 .110 �o g$ S i� 1� s�■ i� ■■s January 9, 1997 Mr. Steve Dorgan, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122: RE: Fox Forest Addition Sub -Division - Final PIat Application Deadline Dear Sir: Per our telephone conversation of earlier this week, I am formally requesting extension of my preliminary plat, which is scheduled to expire on January 16, 1997. It is my desire that this be part of the consent agenda for the City Council meeting if that is the appropriate process. When obtaining the preliminary plat, I did not understand that I would be required to build the service (sewer and water) improvements, even if I did not build on the lot. As a result, I wanted to be sure that I had the financing in place for the lot, the service improvements and the home I intend to build on Lot 2 before I entered into a development contract for the improvements. That financing package is now in place, and I expect to build this summer. Since my conversation with you, I have had a meeting with my engineer and a follow-up conversation with Marilyn Wucherpfenning. I intend to have all of the required materials for the final plat application before the plat expires, but wanted to specifically request an extension at this time as there may be a Iast minute item or two that I am not able to submit. Thank you for your help to me to date in this process. I appreciate the planning department's skill and understanding as I work my way through the sub -division process. Very truly yours, Peter M. Ramstad 12118 Red Oak Court So. Burnsville, MN 55337 Agenda Information Memo January 21, 1997 Eagan City Council Meeting F. CLARIFICATION OF ARCHITECTURAL STANDARDS FOR EAGAN PROMENADE - NEON LIGHTIN ACTION TO BE CONSIDERED: No. To approve or deny a clarification of architectural standards for Eagan Promenade to provide for neon lighting on buildings. FACTS: ► The architectural standards adopted to guide development within Eagan Promenade do not include guidelines for neon lighting. Neon building lighting is becoming more common in commercial architecture. The current request for Don Pablo's restaurant includes neon building lighting. As such, there was a need for the Eagan Promenade architectural standards to address neon lighting. ► The attached letter from Opus proposes a standard that would allow limited neon lighting on building exteriors, provided it is intended as accent lighting and not signage. As proposed, neon lighting cannot blink or move. ATTACHMENTS: ► Letter from Jay M. Scott (Opus) dated January 2, 1997, page I a Opus Northwest. LLC. P U S. 700 Opus Center Mailing Address 9900 Bren Road East P.O. Box 59110 Minnetonka, Minnesota 55343-9600 Minneapolis, Minnesota 55459-0110 612-936.4600 Fax 612-936-4529 January 2, 1996 Ms. Julie Farnham City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Julie: Please accept this letter as our request to amend the existing architectural guidelines for the Eagan Promenade development. Specifically, since the issue of neon lighting is not addressed by the existing guidelines, we would suggest that the following be considered for incorporation into the existing architectural guidelines for this development. Architectural Design Guidelines Eagan Promenade Amended to include the following: 1AJOR IN-LINE RETAIL, COMMUNITY RETAIL CENTER AND OUTLOT eon LiEhtine on Building* Fac Neon lighting on exterior elevations of in-line retail, community retail and outlot parcels may be used provided it meets the following guidelines: All neon shall be used for emphasis of architectural features of the building. No billboard or other signage emphasis will be allowed. The use of neon on the building exterior will be limited to a stationary lighting system only ( i.e. no blinking or moving neon lights). Quantity shall be determined as the nrvnimum that is considered appropriate for the architectural effect desired. The neon color and design shall be reviewed and approved by the developer and the City of Eagan. Julie, once you have had the opportunity to review these guidelines, please feel free to call me with any questions. Sincerely, Jay M. Scott Director Real Estate Development JMS:bab Opus Northwest, LLC. is an affiliate of the Opus group of companies—Architec ,Contractors, Developers Chicago, Columbus. Dallas, Denver, Ft Lauderoale, Milwaukee, Minneapolis, Orlando, Pensacola. Phoenix, Sacramento, San Francisco. Seattle, Tampa, Wasnington O.0 Agenda Information Item January 21, 1997 Eagan City Council Meeting G. FINDINGS OF FACT, GARDENWOOD PONDS 3RD ADDITION - - D.R. HORTON INC. ACTION TO BE CONSIDERED: ► To approve the Findings of Fact regarding Preliminary Subdivision for 15 lots on 18.56 acres for the proposed Gardenwood Ponds 3rd Addition subdivision, located north of Northview Drive and west of Trotters Ridge in the NE 1/4 of Section 23. FACTS: IN, At the January 7, 1997 City Council meeting, the City Council denied the Preliminary Subdivision request by D.R Horton to allow the development of 15 lots on 18.56 acres which included a cul-de-sac in excess of 500' in length and directed the City Attorney's Office to prepare Findings of Fact. ISSUES: ► A related item regarding this matter is scheduled under Old Business, item B Reconsideration - Gardenwood Ponds 3rd Addition in this City Council Agenda. The developer is requesting a reconsideration of the Council's decision to deny the subdivision and ask for a continuance rather than a denial in order to change the plans to take into consideration the Council's desire to eliminate the variance request for a cul-de-sac in excess of 500'. BACKGROUND/ATTACHMENTS: (1) Findings of Facts, pages �thru. 4 BEFORE THE MY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Joe Miller Homes and D.R. Horton Co. for a Preliminary FINDINGS OF FACT Subdivision and Variance for Gardenwood CONCLUSIONS AND Ponds 3rd Addition. RESOLUTION On November 26, 1996, 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 Joe Miller Homes and D.R. Horton Co. for a Preliminary Subdivision and Variance for Gardenwood Ponds 3rd Addition. The applicant's representative 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 approval of the Petitioners' request. The matter then came before the Eagan City Council at its December 16, 1996 and January 7, 1997, meetings. The Council received, considered and discussed the November 26, 1996 Advisory Planning Commission recommendation, input from staff, residents and the planning reports, together with all existing files, records, prior proceedings and the input of the applicants' representatives and citizens at the December 16, 1996 and January 7, 1997, Council meetings. �s Based upon all the files, records, prior proceedings and input which was presented at the meetings, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. This matter of the Preliminary Subdivision and Variance for Gardenwood Ponds 3rd Addition is properly brought before the Eagan City Council. 2. The proposed Preliminary Subdivision consists of approximately 18.56 acres of land and the development of 15 lots and a Variance of 200 feet to allow a 700 - foot cul -do -sac. The property is located north of Northview Park Road, west of Trotter's Ridge and southwest of Bald Lake in the Northeast Quarter of Section 23 in the City of Fagan. All as more particularly shown on Exhibit "A" attached and incorporated herein. :3. The Eagan City Code prohibits cul-de-sacs in excess of 500 feet. 4. The property is currently zoned planned development and single-family. 5. The following information was presented to the City Council: (a) In 1994 a Preliminary Subdivision was approved by the City, covering most of this property. The cul-de-sac for this Subdivision was bordered on the west by the pond and avoided and missed the trees located to the cast. The cul-de-sac was 500 feet in length. Said Preliminary Subdivision is shown on Exhibit "B". (b) The property was rough graded by the then owners and in accordance with the 1994 Preliminary Subdivision approval. (c) There is a significant stand of trees located on the property cast of the proposed right-of-way of the cul-de-sac in the 1994 Preliminary Subdivision. 2 (P (d) The trees constitute a natural amenity and benefit to the property and to the neighborhood. (e) The proposal now before the City Council involves shifting the cul- de-sac to the east, increasing its length to 700 feet and removal of a significant portion of the existing trees which constitute an amenity and a benefit. (f) The property has a viable economic use with the cul-de-sac at 500 feet and located bordering on the pond. (g) Information provided by interested citizens advised the Council that location of the road as now proposed by the applicant would unreasonably diminish or impair established property value within the neighborhood. (h) The applicant spade no offer to establish any hardship and failed to show that the property could not be put to a reasonable use. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. The location and extension of the cul-de-sac to 700 feet would cause the removal of significant amounts of trees which would remove a natural amenity and benefit from the property and the neighborhood. 3. The property is reasonably developable with a 500 -foot cul-de-sac adjacent to the pond. 4. The property has already been graded for development for a 500 -foot cul- de-sac and retaining of the trees. 5. The property values of the neighborhood would decrease by reason of the cul-de-sac going through the trees. 3 I 6. The applicant has established no hardship. 7. By the greater weight of the record and information prescntcd, it is hereby determined by the City Council of the City of Eagan that approval of the Prcliminary Subdivision and the Variance is not warranted. RESOLUTION The City Council of the City of Eagan does hereby resolve that the applicant's request for Preliminary Subdivision to allow 15 lots on approximately 18.56 acres of land and a 200 -foot variance to allow a 700 -foot cul-de-sac is hereby denied. Dated at Eagan, Minnesota this 21st day of January, 1997. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk r --"%- -WL Tom. w AF "o -W Saw oomm mom NMI== �ti.117 • 7.OY17w Vul �1rw�r 1.O10f� � •�MIYi■MSM{ l��l • �� QjYV'1 �Q 1NI1 V—vV - =•i �f1HillIN X1101 ; 1j 1. ii L�1� 1 19 :•. ,•y 1 , • i 'r• ♦� � j• , ; ,�\\ X11\ �•�•1�1 �� , � • - I ♦ `. y / • • . .J �� r / /1 f � - •Q�- 1 1 i-�- � 1 f � 1 , � + + 1 ■ t f f�-.-i• ��' � f• 1 1 • JfJ 1 %� ! � + I � ■ 1 1 1 7 • 1 - + i � A 1 �Y s as .or c c + J. 1 19 :•. ,•y 1 , • i 'r• ♦� � j• , ; ,�\\ X11\ �•�•1�1 �� , � • - I ♦ `. y / • • . .J �� r / /1 f � - •Q�- 1 1 i-�- � 1 f � 1 , � + + 1 ■ t f f�-.-i• ��' � f• 1 1 • JfJ 1 %� ! � + I � ■ 1 1 1 7 • 1 - + i � A 1 �Y s as .or c c Agenda Information Memo January 21, 1997 Eagan City Council Meeting H. FINAL PLANNED DEVELOPMENT - DON PABLO'S. EAGAN PROMENADE ACTION TO BE CONSIDERED: ► To approve a Final Planned Development to allow construction of a 7,500 s.f. Class I restaurant (Don Pablo's) on Lot 5, Block 2, Eagan Promenade. FACTS: ► The City Council approved the Preliminary Planned Development for Eagan Promenade in December 1995 which called for a Class I restaurant on this lot. ► The plans submitted by Don Pablo's, including the outdoor seating area, are consistent with the approved master plans for the Preliminary Planned Development. ► The Final Planned Development Agreement is signed and in order for execution at the regular City Council meeting on January 21, 1997. ► The building plans for Don Pablo's are consistent with the neon guidelines concurrently being considered by the City Council. Neon will be used strictly as building accent lighting. ATTACHMENTS: ■ Site Plan and Building Elevations, pages �yrougkZ 4 a 1 co m r* a 2 —0 l �3 r m m -i m r m 0 z Mi� 0Ia f* all a D x Q z O LC K-4 Z v= r rri m ' > o O z l �3 r m m -i m r m 0 z Mi� 0Ia u s� PC Agenda Information Memo January 21, 1997 Eagan City Council Meeting I. APPROVE AMENDMENTS TO MVTA JOINT POWERS AGREEMENT (TO BE CONTINUED INDEFINITELY) FACTS: • The City Attorney has advised the City of Eagan that the joint powers agreement as presented requires some revision, specific to the ability to borrow money with the board that consists of members who are not elected officials of member cities. • It is the City Attorney's position that the MVTA can only borrow money if the board consists of only elected officials of the six member cities. This will require a change in the board make up of the MVTA. The three cities who comprise the southwest metro are providing an advancement of funds to their opt -out transit authority. The City Attorney is reviewing the statute to determine whether an advancement of funds would be acceptable and, therefore, the make up of the board would not have to be changed. SPECIAL NOTE: If these issues can be worked out prior to Tuesday evening, there is a possibility that the MVTA joint powers agreement would be given consideration by the City Council. a� Agenda Information Memo January 21,1997 J. CONTRACT 95 -RR SODERHOLM ADDN ACTION TO BE CONSIDERED: To acknowledge completion of Contract 95 -RR (Soderholm Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Public utilities servicing the Soderholm Addition located at the corner of Lexington Avenue and Dif ley Road were installed privately by the developer under the terms and conditions of the development contract agreement. • These improvements have been completed in accordance with City standards and the development's plans and specifications, they have been inspected by representatives of the Public Works Department and found to be in order for favorable Council action of acknowledging its completion and authorizing perpetual City maintenance subject to the warranty provisions. K. CONTRACT 97-05, DEERWOOD RESERVOIR (TRUNK WATERMADO ACTION TO BE CONSIDERED: To approve the plans and specifications for Contract 97-05 (Deerwood Reservoir - Trunk Watermain) and authorize the advertisement for a bid opening to be held 10:30 a.m., February 13, 1997. FACTS: • With the recent completion of the Deerwood Reservoir and the acquisition of the access easements, the final design of the trunk water main to serve this reservoir has been completed. • These plans are being presented to the Council for their approval and authorization to advertise for competitive bids. • This trunk watermain will be constructed along the south side of Duckwood Drive from Blackhawk Middle School to the west side of I -35E. A carrier pipe was installed when 35E was build to accommodate this watermain. Agenda Information Memo January 21, 1997 L. PROJECT 682R. DEERWOOD TOWNHOMES fUMITY EXTENSIONS ACTION TO BE CONSIDERED: To schedule a public hearing for Project 682R (Deerwood Townhomes - Utility Extensions) for February 18, 1997. FACTS: • Project 682 primarily provided for sanitary sewer and watermain extensions along Deerwood Drive west of Rocky Lane to serve the new Deerwood Townhome development. However, this project also provided for the extension of the trunk watermain to serve the new Deerwood Reservoir and its crossing of I -35E to loop the trunk utility system. • This project proposed some special assessments against adjacent benefited properties in addition to the Deerwood Townhome development. The project was subsequently approved at a public hearing held on March 21, 1995. • Due to the time delay associated with acquiring easements from the Francis Franz parcel for the reservoir and trunk watermain, this project was separated into two contracts with the Deerwood Townhome utility extensions being completed under Contract 95-04. • State Statute 429.041 requires that the City Council award a contract within one year of project approval. Since the second contract was delayed through the easement acquisition process, it will be necessary for the City Council to schedule a second public hearing to reapprove the project. • City staff will update the feasibility report as necessary to reflect any changes that may have occurred in the interim two years. Agenda Information Memo January 21, 1997 M. PROJECT 668 LONE OAK -ROAD UPGRADE IL ARMSTRONG TO TH 55 ACTION TO BE CONSIDERED: To approve a preliminary engineering agreement with Dakota County for Project 668 (Lone Oak Road Upgrade - Neil Armstrong to TH 55) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 601R originally proposed to upgrade Lone Oak Road (County Road 26) from Lexington Avenue through the intersection of TH55/149. • As a result of public hearings held on November 17, 1992 and January 19, 1993, the City Council subsequently denied this public improvement and rescheduled it on the City's 5 -Year CIP for reconsideration in 1997. • On December 4, 1996, the City Council authorized the preparation of a feasibility report for new Project 668. • Dakota County requires all municipalities to enter into a pre -engineering agreement where both agencies will reimburse each other in accordance with the standard cost participation policies for all costs incurred up to an including the public hearing if for some reason the project is not approved by the local municipality. • The Public Works Director has reviewed this agreement and found that it conforms to the new transportation policy plan adopted by Dakota County in November of 1996 and has determined that it is in order for favorable Council consideration. ATTACHMENTS: • Engineering Agreement, pages through DAKOTA COUNTY January 9, 1997 HIGHWAY DEPARTMENT X955 GALAX;E A`:EtivE Mr. Tom Colbert, P.E. Public Works Director City Hall 3830 Pilot Knob Road Eagan, ININ 55122 Subject: Preliminary Engineering Agreement for CP 26-28 Dear Tom: DAVID L EVERDS. PE. :Gtr':.f E"+G;NEE=; '612: 89,-7 100 Fax t612,891.7127 APOLE ;aLL EY. •I;NNESLTA I am sending a copy of the draft preliminary engineering agreement for the above referenced project. Please review the agreement and return any comments by January 24, 1997. The County will begin the citizen participation program for this project when the City approves the preliminary engineering agreement. Construction costs for this project will be split according to County cost sharing policies adopted November 5, 1996. The County is proposing to use the 1990 preliminary layout for CSAH 26 between Neil Armstrong Boulevard and Lone Oak Drive at the public meeting to begin the citizen participation program. \Sincerely, l G Y David R. Zech, P.E. Administrative Design Engineer 14262M] Pnntea an recyclec paper. 20% DOsI-consumer m L: AN EQUAL OPPORTUNITY EMPLOYE? DAKOTA COUNTY DEPARTMENT OF HIGHWAYS AGREEMENT FOR PRELIMINARY ENGINEERING AND . RIGHT OF WAY PREACQUISITION BETWEEN THE COUNTY OF DAKOTA AND -THE CITY OF EAGAN FOR STATE AID PROJECT NO. (SAP) 19-626-12 DAKOTA COUNTY PROJECT NO. 26-28 EAGAN PROJECT No. ? FOR THE Reconstruction and widening of County State Aid Highway (CSAR) 26 (Lone Oak Road) from approximately 1/8 mile west of Neil Armstrong Boulevard to approximately 1/4 mile east of Trunk Highway (TH) 55 in Eagan, Dakota County. 3D County Project No. 26-28 January 7, 1997 THIS AGREEMENT, made and entered into by and between the County of Dakota, hereinafter referred to as "the County"; and the City of Eagan, hereinafter referred to as "the City", WITNESSETH: WHEREAS, it is considered mutually desirable to reconstruct and widen County State Aid Highway (CSAH) 26 (Lone Oak Road) from approximately 1/8 mile west of Neil Armstrong Boulevard to approximately 1/4 mile east of Trunk Highway (TH) 55 according to the Capital Improvement Programs for the County and the City. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, it is agreed that the County and the City will jointly participate in the costs of preliminary engineering and right of way preacquisition as hereinafter set forth: 1. Preliminary—Engineering. Preliminary Engineering shall be defined as engineering work completed prior to the project letting date, which includes, but is not limited to: a. Surveying and mapping, b. Engineering studies and reports, c. Social, Economic, and Environmental reports, d. Preliminary layouts, e. Plans, Specifications, and Estimates, f. Permits, and g. Public participation and input meetings. Preliminary engineering costs shall be split based on the County's and the City's share of project construction costs. '31 County Project No. 26-28 January 7, 1997 2. Plans and Specifications. The County will prepare grading and paving plan sheets and specifications consistent with State Aid design standards and the Dakota County Transportation Plan. The City will prepare plan sheets and specifications for storm sewer and any needed sanitary sewer, water mains and services, lighting, or other municipal facilities consistent with State Aid standards. The County will incorporate the utility and grading and paving plan sheets and specifications into the final bid documents. City and County approval of the plans and specifications is required prior to advertising for bids. 3. Right of Way Preac=isition. The County will prepare right of way maps and obtain appraisals and abstracter's certificates of title for all required permanent and temporary highway and drainage easements for this project. The cost of highway right of way preacquisition work shall be allocated 55% to the County and 45% to the City. The County shall be responsible for 55% of the preaquisition cost of right of way for storm sewer and other drainage facilities and water pollution control best management practices attributable to drainage from the highway. The remaining cost of right of way preacquisition work for storm sewer and other drainage facilities and water pollution control best management practices shall be the responsibility of the City. County Project No. 26-28 January 7, 1997 The City will be responsible for the preacquisition work and costs for easements for new sanitary sewer, new water mains and services, and other municipal facilities located outside of the necessary right of way for highway and highway related drainage. 4. Payment. The County will pay the costs associated with preliminary engineering for roadway design and highway and highway related drainage easement preacquisition. The City will pay the costs associated with design and preacquisition of any right of way specifically for new municipal utilities. Upon presentation of an itemized claim by one agency to the other, it is mutually agreed that the receiving agency will reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. 5. Rules and Reaulations. The County and City shall abide by Minnesota Department of Transportation State Aid rules and regulations. 6. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from the negligent act or omissions of the County and/or those of its employees or agents. 433 County Project No. 26-28 January 7, 1997 The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from the negligent act or omissions of the City and/or those of its employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. 7. Waiver. Any and all persons engaged in the aforesaid work to be performed by the County shall not be considered employees of the City and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. The County shall not be responsible under the Workers Compensation Act for any employees of the City. N:\AGRMENT\2628PRE 3 �` County Project No. 26-28 January 7, 1997 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: Public Works Director APPROVED AS TO FORM: City Attorney CITY OF EAGAN Mayor (SEAL) By City Clerk Date DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer County Attorney COUNTY BOARD RESOLUTION APPROVED AS TO EXECUTION: County Attorney By Physical Development Director No. Date Date Agenda Information Memo .January 21, 1997 N. PROJECT 692R. OLD SIBLEY HIGHWAY "STREETS & SANITARY SEWER) ACTION TO BE CONSIDERED: To schedule a public hearing for Project 692R (Old Sibley Highway - Streets & Sanitary Sewer) to be held on February 18, 1997. FACTS: * Project 692 provided for street improvements to Old Sibley Memorial Highway and a sanitary sewer extension to serve the Eagan Heights Townhome development located west of Cedar Avenue and north of Diffley Road. * This project proposed special assessments against the Eagan Heights development and adjacent benefited properties. The project was approved at a public hearing held on October 2, 1995. * The utility extensions to service this development were proposed to be constructed under Contract 96- 06, but the sanitary sewer extension and street improvements required easement acquisitions from several property owners. The developer was unable to acquire or provide these easements necessary to allow Contract 96-06 to proceed. * State Statute 429.041 requires that the City Council award a contract within one year of project approval. Since the contract was delayed due to the easement acquisition process, it will be necessary for the City Council to schedule a second public hearing to reapprove the project and authorize City acquisition of easements.. * City staff will update the feasibility report as necessary to reflect any changes that may have occurred in the interim two years. 3�a Agenda Information Memo January 21, 1997 Eagan City Council Meeting CONSENT AGENDA ACTION TO BE CONSIDERED: To approve a Resolution authorizing the issuance of $7,000,000 Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan/Woodridge Apartments Project), Series 1997A and $905,000 Taxable Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan/Woodridge Apartments Project), Series 1997B and authorizing the execution of necessary documents. FACTS: • The City has been asked to assist in refinancing the multifamily housing revenue bonds issued for the Woodridge Apartment project. • A public hearing was held on December 16, 1996 at which time final approval was continued to January 21, 1997, at the request of the applicant. All documents have been reviewed on behalf of the City by Steve Rosholt of Faegre & Benson. • The closing on the transaction is scheduled for January 28 and 30. ATTACBAMNTS: iA1 co� of the resolution giving final approval is enclosed on pages ->d through 3� EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA _HELD: ffanuary 21, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly called and held at City Hall in said City on the 21st day of January, 1997, at 6:30 o'clock p.m. The following members were present: and the following members were absent: Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF $7,000,000 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN/ WOODRIDGE APARTMENTS PROJECT), SERIES 1997A AND $905,000 TAXABLE MULTIFAMILY HOUSING REVENUE BONDS (GNMA COLLATERALIZED MORTGAGE LOAN/ WOODRIDGE APARTMENTS PROJECT), SERIES 1997B AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS WHEREAS, pursuant to Minnesota Statutes, Chapter 4620, as amended (the "Act"),the City of Eagan, Minnesota (the "City") is authorized to issue revenue bonds for the purpose of financing a multifamily housing development; and WHEREAS, pursuant to a joint powers agreement dated as of April 1, 1985 among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "St. Paul HRA"), the City and other parties, the St. Paul HRA issued its Variable Rate Rental Development Revenue Bonds, Series 1985-A (Minnesota Multi -City Joint Rental Housing Program) (the "Prior Bonds") in the aggregate principal amount of $37,100, 000, and used a portion of the proceeds of the Prior Bonds to provide for the financing of the Project hereinafter described; and 776202.1 3 WHEREAS, the City has received from Woodridge Limited Partnership, a Minnesota limited partnership (the "Company"), a proposal that the City refinance a Project hereinafter described that was originally financed by a portion of the Prior Bonds, through the issuance of revenue bonds or obligations in one or more series (collectively, the "Bonds") pursuant to the Act; and WHEREAS, the Project to be refinanced by the Bonds is a 200 unit multi -family rental housing facility located at 3301 and 3255 coachman Road in the City (the "Project"); and WHEREAS, the City proposes to refinance the Project by the issuance of its $7,000,000 Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan/Woodridge Apartments Project) Series 1997A and its $905,000 Taxable Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan/Woodridge Apartments Project), Series 1997B (collectively, the "Bonds") under the Act pursuant to this Resolution; and WHEREAS, the Bonds will be issued under an Indenture of Trust (the "Indenture"), dated as of January 1, 1997 between the City and First Trust National Association (the "Trustee"), and will be secured by a GNMA Mortgage -Backed Security (the "GNMA Security") issued by Glaser Financial Group, Inc. (the "Lender"), and guaranteed as to timely payment of principal and interest by the Government National Mortgage Association and by a pledge and assignment of certain other revenues, all in accordance with the terms of the Indenture of Trust, and the Bonds and the interest on the Bonds shall be payable solely from the revenue pledged therefor and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation, nor shall the Bonds constitute nor give rise to a pecuniary liability of the City or a charge against the credit or taxing powers and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Project; and WHEREAS, the GNMA Security will be backed by a mortgage loan insured by the Federal Housing Administration.(the "Mortgage Loan") made by the lender to the Company; and WHEREAS, the City conducted a public hearing on the proposal of the Company that the City refinance the Project by the issuance of the Bonds, at 6:30 p.m. on December 17, 1996, at which hearing all persons who appeared or submitted comments were given an opportunity to express their views with respect to the Project and the Bonds; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. Proposal. For the purpose of refunding the portion of the Prior Bonds attributable to the Project, and thereby 776202.1 2 refinancing the Project, the issuance, sale and delivery of the Bonds is hereby authorized. The proceeds of the Bonds together with other funds provided by the Company, shall be applied to redemption of the outstanding Prior Bonds. The Bonds shall be in such principal amounts, shall bear interest at rates, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, and shall be in such form and have such other details and provisions as may be prescribed in the Indenture, substantially in the form now on file with the.City. The Bonds shall be special obligations of the City payable solely from the revenues provided by the GNMA Security and other funds pledged pursuant to the Indenture. The Bonds are not to be payable from nor charged upon any funds of the City other than the revenues pledged to their payment, nor is the City subject to any liability thereon; no holders of the Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any of the principal of, premium, if any, or interest on the Bonds; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and each Bond shall recite that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof and that no Bond shall constitute a debt of the City within the meaning of any constitutional or statutory limitation. The Bonds shall contain a recital that they are issued pursuant to the Act and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 2. Terms of Bonds. The Bonds will bear interest at the rates set forth in the Indenture, will be in the principal amounts and will mature and be subject to redemption, all as set forth in the Indenture. Pursuant to a Financing Agreement to be dated as of January 1, 1997 (the "Financing Agreement"), the City will loan the proceeds of the Bonds to the Company to refinance the Project. The payments to be made by the Company under the Financing Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign certain rights under the Financing Agreement to the Trustee as security for payment of the Bonds under the Indenture. A Regulatory Agreement dated as of January 1, 1997 (the "Regulatory Agreement") will be entered into, by and among the City, the Trustee and the Company. A Bond Purchase Agreement (the "Bond Purchase Agreement") will be entered into by and among the City, the Trustee, the Company and Piper Jaffray Inc. (the "Purchaser"). 3. Forma of Documents Submitted. Pursuant to the preliminary approval of this Board, forms of the following documents have been submitted to the Board for approval: (a) the Financing Agreement; (b) the Indenture; 776202.1 3 4o (c) the Bond Purchase Agreement; and (d) the Regulatory Agreement. 4. Findings. It is hereby found, determined and declared that: (a) the Project furthers the policies of the Act; (b) the Project promotes the public welfare by providing necessary housing facilities, so that adequate housing facilities are available to residents of the State of Minnesota at a reasonable cost; (c) the Act authorizes the acquisition, construction and installation of the facilities and equipment to be refinanced by the Bonds, the issuance and sale of the Bonds, the execution and delivery by the City of the Financing Agreement, Regulatory Agreement, Indenture and Bond Purchase Agreement (collectively the "Bond Documents"), the performance of all covenants and agreements of the City contained in the Bond Documents, and the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the Bond Documents and Bonds valid and binding obligations of the City in accordance with their terms; (d) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (e) the payments under the Financing Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Financing Agreement and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the facilities to be financed by the Bonds, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and any taxes and special assessments levied upon or with respect to the premises of said facilities and payable during the term of the Financing Agreement and Indenture; (f) as provided in the Financing Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bond shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Financing Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of rnszoz. s l the City in the Financing Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds do not constitute or give rise to a pecuniary liability or moral obligation of the City, the State of Minnesota or any of its Political subdivisions, and that the Bonds, including interest --thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. S. Amproval of Forms; Execution. Subject to the approval of the City Attorney, and the provisions of paragraph 9 hereof, the forms of the Bond Documents and exhibits thereto and all other documents listed in paragraph 3 hereof are approved substantially in the form submitted. Subject to the provisions of paragraph 9 hereof, the Bond Documents, in substantially the forms submitted, are directed to be executed in the name and on behalf of the City by the Mayor and Clerk. Subject to the provisions of paragraph 9 hereof, the Bonds are to be executed in the name of and on behalf of the City by the Mayor and Clerk, and are to be delivered to the Trustee for authentication and delivery to the Purchaser. Any other City documents and certificates necessary to the transaction described above may be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Financing Agreement and Indenture. 6. Official Statement. The City hereby consents to the preparation and distribution of the Preliminary Official Statement dated December 23, 1996 and a Final Official Statement (the "Official Statement") to the Purchaser. The City has relied upon the Company and the Purchaser and legal counsel retained by them to assure the accuracy and completeness of the information set forth in the Official Statement and therefore the City has not participated, and will not participate significantly, in the preparation of the Official Statement. The City has not made, and will not make, any independent investigation of the information contained therein, except under the heading "THE CITY", and it assumes no responsibility for the accuracy or completeness of such information. The draft of the Official Statement on file with the City as of the date hereof is hereby designated as a "near final" Official Statement for purposes of Rule 15-c2-12 of the Securities Exchange Commission. 7. Issuance. The City shall proceed forthwith to issue the Bonds, in the form and upon the terms set forth in the Indenture and this Resolution. The Bonds shall be issued in a principal amounts, shall be payable or prepayable at such time or times, shall bear interest at such rates and shall be subject to such other terms and conditions as set forth in the Indenture. The City officers are authorized and directed to execute and deliver the Bonds as prescribed in the Indenture. n62ot. 1 8. Records and Certificates. The Mayor, Clerk and other officers of the City are authorized and directed to prepare and furnish to the Purchaser certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 9. Changes in Forms Approved- Absent and Disabled Officer-ff. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by counsel to the City, the appropriate City staff person or by the officers authorized herein to execute or accept, as the case may be, said documents prior to their execution; and said officers or staff members are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the City Council by any member of the City Council or any duly designated acting official, or by such other officer or officers of the City as, in the opinion of the City Attorney, may act in their behalf. 10. Indemnification by Company. It is understood and agreed that the Company shall indemnify the City against all liabilities, losses, damages, costs and expenses (including attorney's fees and expenses incurred by the City) arising with respect to the Project or the Bonds, as provided for and agreed to by and between the Company and the City in the Financing Agreement. 11. Headings: Terms. Paragraph headings in this Resolution are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Capitalized terms used but not defined herein shall have the meanings given them in the Indenture or Financing Agreement. 716202., 3 The motion for the adoption of the foregoing resolution was seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 776202.1 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date herein indicated, insofar as such minutes related to authorizing the issuance of $7,000,000 Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan/Woodridge Apartments Project), Series 1997A and $905,000 Taxable Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan/Woodridge Apartments Project) , Series 1997B, and authorizing the execution of necessary documents. WITNESS my hand this day of January, 1997. City Clerk 776202.1 4 :! Agenda Information Memo January 21, 1997 Eagan City Council Meeting P. REP FOR FIRE ADMINISTRATIQN BUILDING CONSTRUCTION/ ARCHITECTURAL SERVICES ACTION TO BE CONSIDERED: To ratify a Request for Proposals document for Fire Administration Building Construction and Architectural Services and to authorize the City Administrator and Fire Chief to proceed with the Request for Proposals, to be received no later than Tuesday, February 12. FACTS: • The Fire Administration building was approved in Part I of the 1997 CIP. A budget guideline of $1.5 million was established in the CIP. • Proceeding ahead with a Request for Proposals for Building Construction and Architectural Services will provide the Volunteer Fire Department and City Council an opportunity to review the project within the budget constraints set forth by the City Council before any final authorization to proceed with the actual construction of a Fire Administration building is given consideration. • Typically, a member of the City Council has served on the interview panel for selecting an architectural firm. If any member of the City Council would like to serve with the Fire Chief, City Administrator and one or two members of the Fire Department, the interviews are tentatively scheduled for Tuesday, February 25. ATTACHMENTS: + Request for Proposal or Fire Administration Building Construction/Architectural Services on pages �throug _ W—w — q6 REQUEST FOR PROPOSALS FOR FIRE ADMINISTRATION BUILDING CONSTRUCTION ARCHITECTURAL SERVICES FOR THE CITY OF EAGAN PROPOSALS DUE: 3:30 P.M., FEBRUARY 12,1997 LOCATION: CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN 55122-1897 TABLE OF CONTENTS I. PURPOSE OF REQUEST II. PROPOSAL INSTRUCTIONS III. PROPOSAL CONTENTS IV. SCOPE OF WORK V. SELECTION VI. TERMS AND CONDITIONS VII. PROPOSAL CONTEXT - GENERAL INFORMATION, REQUEST FOR PROPOSAL FIRE ADIkHMSTRATION BUILDING CONSTRUCTION ARCHITECTURAL SERVICES CITY OF EAGAN I. PURPOSE OF THE REQUEST The City of Eagan is requesting proposals from architectural firms or combinations of firms (hereinafter referred to as "Proposers") to provide architectural services for Eagan's construction of a Fire Administration building. Detailed information concerning the City's needs is outlined in the following Request for Proposal. H. PROPOSAL INSTRUCTIONS A. All proposals, questions and correspondence should be sent and directed to: Craig Jensen, Fire Chief City of Eagan Fire Department 3830 Pilot Knob Road Eagan, MN 55122-1897 (612) 681-4770 B. All proposals must be received no later than 3:30 p.m., Tuesday February 12, 1997. Ten (10) copies of the proposal must be presented. The copies shall be sealed and clearly identified with the project name and submittal deadline as identified on the front cover of this Request For Proposal. C. In order to be considered a valid proposal, each proposal must meet the following requirements: a. Written proposals are the only valid form of proposal. Proposals received after 3:30 p.m., Tuesday February 12, 1997, will be returned unopened. Verbal proposals will not be permitted. b. Each proposal must be signed by an officer of your company who can be held accountable for all representations. D. The proposal shall be limited to a maximum of thirty pages, printed on one side. Additional material, other than that requested by the City, will be disregarded. E. The City will review the proposals and schedule interviews for all finalists on February 25, 1997. Selection is expected to occur at the regular City Council meeting set for Tuesday, March 4, 1997. 4 F. Schedule for the selection of an Architectural Firm is as follows: Council Approval of RFP 1/21/97 Publication of RFP 1/22/97 RFP's mailed 1/27/97 - 2/5/97 Meeting with Proposers (4:00 p.m.) 2/07/97 Proposal deadline (3:30 p.m.) 2/12/97 Interviews of selected Proposers 2/25/97 Contract awarded by City Council 3/04/97 Contract period begins 3/15/97 G. Proposers are prohibited from contacting any elected official for purposes of lobbying to secure this contract. III. PROPOSAL CONTENTS A. Title Page Show the proposal subject, the name of the Proposer's firm, local address, telephone number, name of the contact person, and the date. In the event that a combination of firms is proposed, please indicate the lead firm. B. Table of Contents Include clear identification of the material by section and by page number. Each section should be tabbed for reference purposes. C. Identification of Assigned Personnel 1. The name of the person who would be responsible for the management and administration of the contract with the City, together with a description of such person's experience and qualifications. 2. The names of the professional staff that would be assigned to this project. 5-0 3. An organizational chart identifying team members and their area of responsibilities. 4. A statement committing the aforementioned staff to this project. 5. Background information concerning the firm or firms, including the number of years in business under this name and the number and breakdown of personnel in the local office. 6. If joint ventures are proposed or consultants will be retained, a statement of such arrangements must be contained in the proposal including a brief description of each participant's role. D. Proposer's Detailed Approach to the Scope of Services 1. The proposal shall address in detailed fashion the approach of the firm or combination of firms to the Scope of Work. 2. The proposal shall identify a specific time frame for the completion of each element of the Scope of Work as outlined above. E. Basis for Compensation 1. Budget documentation for each task must include the following: a. Names and number of personnel, number of person days (8 hours equals one person's day) and billing fee (identify each separately). b. Number of supporting personnel, number of person days, billing fee (list each separately). C. Other costs and reimbursable (i.e. travel, telephone, printing, computer time, etc.) d. Total task cost. 2. Total Budget Documentation must include the following: a. Professional Personnel 1) Total number 2) Total person days 3) Total billing fee S( b. Support Personnel 1) Total number 2) Total person days 3) Total billing fee C. Total of All Other Costs and Reimbursable d. Total Cost of a, b and c e. Commitment to the Total Cost, Not to Exceed Amount 1) Proposals submitted containing fees determined as a percentage of the contract amount will be disqualified. F. List of References A minimum of five references for public clients, specific experience with public safety agencies preferred. All municipal experience within the past ten years must be listed. G. Disclosures and Assurances (Appendix A) 1. Applicant Authority - Assurance that the signatory making representations in the proposal on behalf of the Proposer has the authority to do so and to bind the firm to the contract. 2. Compliance with Affirmative Action - The City of Eagan, Minnesota, has adopted a policy that will not discriminate in employment practices on the basis of race, color, creed, religion, national origin, sex, age, marital status, public assistance status, veteran status, handicap or disability; that it has agreed to take affirmative action to recruit minorities, women and handicapped persons into its employment; and that it will transact business only with firms who have adopted similar non-discriminatory and affirmative action policies. In cases where a contract with the City of Eagan will exceed $50,000 and the number of full-time employees exceeds twenty (20) in the company making a Proposal, in its Proposal the company must furnish the City of Eagan with documentation that shows the company has adopted a written affirmative action policy. Contracts which exceed $50,000 will not be awarded to companies of more than twenty full-time employees which fail to provide verification of an affirmative action policy. n J a-- 3. Firm Not Debarred - A certification that the firm/firms or employees thereof are not on the "List of Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor Standards Provisions." 4. Insurance Coverage - Documentation of current insurance coverage and limits, including professional liability insurance shall be provided with the proposal. IV. SCOPE OF WORK A. General Description of the Project The City of Eagan is requesting proposals from interested firms to provide architectural services for the construction of a fire administration building. The construction is for a 11,400 square foot building encompassing two floors, with the option of a basement at 5,700 additional square feet. The location will be on the existing Eagan fire administration site on a parcel of property currently owned by the City. The budget for the demolition of the existing building, construction of building, grade work, furnishing, fixtures, landscaping and fees is $1.6 million. The City will fund the project through its existing Community Investment Fund and no bond referendum will be necessary. The City of Eagan seeks to select an architectural firm to design and serve as the construction manager to complete this project within the defined time schedule, within a prescribed budget, and within specific quality and program guidelines. A tentative construction schedule is as follows: Selection of Project Architect 2/97 Develop schematic building and site design 3/97 Design development and value engineering 4/97 Construction documents 4/97 Bidding 5/97 Start construction 6/97 Final Occupancy 2/98 This project is being coordinated by a Project Team consisting of the City Administrator, the Fire Chief, Building Supervisor and building committee from the fire department. The Fire S 3 Chief has been designated as the Project Team Coordinator and will be the principal liaison between the Project Team, the Architect and Construction Manager. From time to time, the Project Team will be augmented by various City Council and staff members for specific tasks or reviews of matters within their areas of expertise. B. Work Elements The Architectural Services will consist of the following work elements: 1. Finalize Architectural Program a. Review existing documents and work products associated with this project including, but not limited to: i. BRW Space Needs Analysis for the City of Eagan - 1990 - Copy available for review at Eagan Municipal Center. ii. Up dated space needs as determined by the fire department. 2. Develop Detailed Plans and Specifications a. Prepare all documents and drawings to fix and describe the size and character of the new facilities. The contract documents and drawings must include floor plans, structural, mechanical and electrical systems, materials, interior decoration and furnishings, fixtures and equipment. b. Prepare documents setting forth in detail the requirements -for construction of the new facilities as support to the necessary bidding information. The architect shall assist in the preparation of the necessary forms as may be required by the Construction Manager. The architect may be required to be assist the Construction Manager in awarding all construction contracts. 4. Construction Services a. Assist the Construction Manager in applying for and procuring all required permits. b. Assist the Construction Manager in pre -construction conferences with representatives from the successful bidders and any other vendor representatives. 5`� C. Review and approve any necessary shop drawings and equipment/material schedules. d. Ensure contractors' compliance with building and fire codes. e. Provide periodic observation services as necessary during construction. f. Provide final inspection services. g. Review requests for payment to ensure their appropriateness. h. Prepare and issue Change Notices and Change Orders as necessary. 5. Other a. Work under the direction of the City's Project Team as represented by its Project Manager, Craig Jensen. Also work with the City's department and functional groups as directed. b. Work in cooperation with the Construction Manager. C. Meet with Project Team and the Construction Manager at least twice monthly during the pre -construction phase to discuss feasibility, budgets, options and design. d. Attend all necessary meetings with the project team and/or the City Council to be sure they are well informed on the progress of the design of new City facilities. e. Consider available state-of-the-art technology in communication and general office environment, taking into account existing computer network. f. The architect will be required to serve as a witness in connection with any public hearing, arbitration or legal proceedings. g. Identify anticipated interior finishing options and associated costs. h. Provide any other services usually associated with architectural projects of this nature. I. Other services as required by the City, C. Deliverable Documents 1. Final Architectural Program 2. Schematic Design Alternatives 3. Physical or Computer Generated Model of Preferred Alternative 4. Detailed Plans and Specifications of Preferred Alternative for Bid Documents V. SELECTION A. The City reserves the right to reject any or all proposals, and is not bound to accept the lowest cost proposal if that proposal is contrary to the best interests of the City. B. The proposals will be evaluated by a selection team. The team will rank the proposals and provide this information to the City Administrator. C. Selection of the firms to be interviewed shall be based upon the following criteria: I. The firm's approach to and understanding of the project. 2. The firm's experience in similar projects, including similar architectural projects, space planning experience, and previous experience on government projects. 3. The experience and qualifications of the project staff in similar projects, including the criteria above. 4. The firm's demonstrated ability to deliver products on schedule and within budget. 5. The extent of project involvement by top management. 6. The extent to which previous clients have found the firm's project services acceptable. 7. The firm's most significant qualifications for this project. 8. Previous city experience with the consultant firm, if any. VI. TERMS AND CONDITIONS A. The City reserves the right to cancel or amend the request for proposals at anytime. The City reserves the right to determine the successful respondent. The City reserves the right to reject any or all proposals. B. The City will not be liable for any costs incurred by the firm responding to this request. C. Upon submission, all proposals become the property of the City, which retains the right to use any ideas presented in any proposal submitted, whether or not the proposal is accepted. D. A contract will be executed between the successful respondent and the City. It is anticipated that the contract will be a full-service architectural and engineering contract type AIA B-141, and that the successful designer's proposal and specifications of this request, including the Terms and Conditions set forth herein, will be incorporated in the contract. E. The City shall pay the firm for services on the basis of the approved fee or fee schedule per the proposal. F. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. G. For the purposes of this agreement, the consultant shall be deemed to be an independent contractor, and not an employee of the City. Any and all agents, servants, or employees of the designer or other persons, while engaged in the performance of any work or services required to be performed by the City under this agreement, shall not be considered employees of the City of Eagan and any and all claims that may or might arise on behalf of the City, its agents, servants or employees as a consequence of any act or omission on the part of the designer, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the City. The consultant, its agents, servants, or employees shall be entitled to none of the rights, privileges, or benefits of City employees except as otherwise may be stated herein. H. The City shall pay for all services and items provided by the firm under the proposal in a lump sum upon completion of the project or on such schedule as shall be mutually accepted by the City and the firm. I. The consultant further agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the designer's performance of the provisions of this agreement. It shall be the obligation of the designer to apply for, pay for and obtain all permits. I The City requires affirmative action, and, therefore, the firm selected shall not discriminate under the contract against any person in accordance with federal, state and local regulations. K. If, for any reason, the firm selected is not able to commence services under its proposal within 30 days after its award, the City reserves the right to award the contract to the next most qualified firm. VII. L. If, for any reason, the firm shall fail to fulfill in timely and proper manner the obligations and r the contract, the City shall reserve the right to terminate said contract by specifying the date of termination in a written notice to the firm at least thirty (30) calendar days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. M. No elected official or employee of the City who exercises any responsibilities in the review, approval or carrying out of the proposal or contract shall participate in any decision which affects his or her direct or indirect personal or financial interest. PROPOSAL CONTEXT - GENERAL INFORMATION A. City Organization The City of Eagan was incorporated in 1974 as a statutory, plan A city. It has a Council/Administrator form of government. The City provides a full array of municipal services including water, sewer, and street lighting utilities; fire, police and civil defense protection; and general administrative functions. 1. City Council - The Eagan City Council has the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures and other business of the City. The City Council, composed of four members and the Mayor, is the legislative and policy making body of the City. The Mayor, who presides over the City Council meetings, is elected at large for a four year term. The Councilmembers are elected at large for four year terms. Set forth on the following table is certain information pertaining to the City Council. NAME Tom Egan Pat Awada Bee Bloomquist Sandy Masin Theodore Wachter TITLE Mayor Councilmember Councilmember Councilmember Councilmember TERM EXPIRES 12/31/98 12/31/98 12/31/00 12/31/00 12/31/98 2. City Administrator - The City Administrator reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and the coordination and management of City departments on a daily basis. 3. City Staff - The City Administrator implements Council direction through the department heads of seven City departments as follows: Police, Fire, Public Works, Finance, Community Development, Parks and Recreation, and Administration. B. Demographic Statistics The City of Eagan is amongst the fastest growing cities in Minnesota. Its dramatic population growth and the predominance of two income households places a significant demand on City services and facilities. A summary of the City's population growth is outlined in the following table: 1980 U.S. Census 20,700 1985 Special U.S. Census 30,456 1990 U.S. Census 47,409 1993 City Staff Estimate 53,500 Eagan's growth is expected to continue into the future due to its location amenities and the current environment and pressures for household formation. Conservative estimates place the City's population near 63,500 by the year 2000. As a result of the mobility associated with in - migration, the population is very young with a median age of twenty-eight and two percent of the population over sixty-five in 1990. The growth places substantial demand on City services and facilities. C. Economic Overview The City of Eagan is a middle ring suburb which is roughly sixty-five percent developed. It has approximately 1,500 acres of commercially zoned land and 3,200 acres of industrial land. In excess of 1,000 businesses are located in Eagan. This employment base provides job opportunities to more than 26,000 persons. With an employment force slightly over 29,963 people, Eagan has virtually neutral employment ratio. Appendix A Gr! The applicant hereby assures and certifies: I . That the individual signing the assurance form on behalf of the individual, partnership, company or corporation named in the proposal possesses the legal authority to execute the proposed study. 2. In connection with this proposal and any subsequent contract the consultant shall not discriminate against any employee applicant for employment because of race, color, creed, religion, national origin, disability, age, sex or status regarding public assistance in accordance with federal and state law and local policy. 3. The consultant/consultants or employees thereof are not on the "List of Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor Standards Provisions." 4. The consultant agrees to comply with all applicable federal, state and local compliance requirements. 5. That the firm(s) is/are adequately insured to do business and perform the services proposed (Attach Documentation). (Name of Firm) (Authorized Signature) (Title) (Date) OFFICIAL ADDRESS 92 (-0o Agenda Information Memo January 21, 1997, City Council Meeting Each calendar year, Organizational Business is considered at the second regular City Council meeting in January. The items that require action of the City Council include: A) Advisory Commission Appointments B) Acting Mayor C) Official Legal Newspaper D) City Council Meeting Dates E) Council Meeting Procedures F) Council Standing Committee/Representative Appointments G) Other Appointments A. ADVISORY COMMISSION APPOINTMENTS: The following are the advisory commissions that make recommendations to the City Council: Solid Waste Abatement Commission Economic Development Commission Advisory Planning Commission Advisory Parks, Recreation & Natural Resources Commission Airport Relations Commission Joint Burnsville/Eagan Telecommunications Commission Advertisements were placed in the City Newsletter and local newspapers in December indicating that vacancies existed on advisory commissions. Applications were received from 32 individuals seeking either reappointment or appointment to an advisory commission. All individuals, including those currently serving on a commission, were invited to an interview with the City Council on January 14, 1997. The Council interviewed 26 individuals. Ballots will be distributed by the City Administrator for each commission. The number of vacancies is listed on each ballot. It is required by law that each City Councilmember initial each ballot and the City Administrator will be the custodian of ballots, announcing the votes for each commission appointment. A commission appointment requires a majority vote by the City Council. (0 I Agenda Information Memo January 21, 1997, City Council Meeting 1. Solid Waste Abatement Commission --This commission reviews waste management issues and policies which include the Eagan recycling program. Members include business and hauling community representatives and residents. There are currently openings for two resident representatives, one business representative, and one alternate. Also, Terry Davis, who is currently serving as a member of the Solid Waste Abatement Commission, has indicated his preference to serve on the Advisory Planning Commission or the Advisory Parks, Recreation & Natural Resources Commission. Should Mr. Davis be appointed to the APC or the APRNRC. it would be appropriate to fill his one-year unexpired term Those applying for a position on the commission are as follows: Present Members Meetings Missed: Floyd Hiar (resident) 0 Rick Patraw (resident) (alternate) 4 out of 10 New Applicants: Susan Bast (SWAC) Jim Orcutt (APRNRC, ARC, APC, SWAC) REQUESTED ACTION: Appoint two residents, and one business representative for 3 -year terms, (possibly one resident for a 1 -year term) and one alternate for a 1 -year term. It should be noted that four applications have been received from residents and no applications have been received from business representatives, which leaves an opening on the Commission for a business representative. 2. Economic Development Commission --This commission promotes the City's commercial - industrial climate, recommends general policy direction, and advises the City Council on matters pertaining to industry and commerce. It exists at the discretion of the City Council without formal authorization in the City Code, and terms are on a staggered, three-year basis. There were four positions due to expire this year. In addition, two commission members' terms expire in 1998 and 1999; however, both individuals have reached the 9 -year term limit. This creates a 2 - year term and a 1 -year term that needs to be filled. Due to a resignation, one additional 1 -year term also exists. Those applying for a position on the commission are as follows: Present Members: Meetings Missed: Cathy Clark Matuszak (also APC) 1 out of 10 Gary Morgan (also APC) 0 Karl Oestreich 1 out of 10 New Applicants: Jeannette Bauch Calvin Clark Mark Filipi (APC, APRNRC, EDC, ARC) Bruce Goff (APC, EDC, APRNRC) Ronald Hanson (APC, ARC, APRNRC, EDC) Mark Reimer John Young REQUESTED ACTION: Appoint four members for 3 -year terms, one member for a 2 -year term and two members for 1 -year terms. co 0— Agenda .Information Memo January 21, 1997, City Council Meeting 3. Advisory Planning Commission --This commission reviews development plans and makes recommendations to the City Council. Due to a resignation, there is an opening for a 2 -year term in addition to the two 3 -year terms and alternate position. In addition, Terry Davis, who is currently serving as a member of the Solid Waste Abatement Commission has indicated his desire to serve on the Advisory Planning Commission instead if the Council feels it appropriate. Those applying for a position on the commission are as follows: Present Members Larry Frank Gunnar Isberg* New Applicants Kurt Augustin (APC, ARC) Paul Bakken Meetings Missed: 0 6 out of 13 Peggy Carlson Terry Davis (Currently Serving on SWAC) Mark Filipi (APC, APRNRC, EDC, ARC) Ted Gladhill (APC, ARC) Bruce Goff (APC, EDC, APRNRC) Ronald Hanson (APC, ARC, APRNRC, EDC) Shawn Hunter Cathy Clark Matuszak (EDC, APC) Gary Morgan (EDC, APC) Jim Orcutt (APRNRC, ARC, APC, SWAC) F.J. Sabongi Michael Steenberg (ARC, APC) *Mr. Isberg contaced the City to notify the City Council that he is retiring from the Metropolitan Council effective this February. REQUESTED ACTION: Appoint two members for 3 -year terms, one member for a 2 -year term, and one alternate for a 1 -year term. �3 Agenda Information Memo January 21, 1997, City Council Meeting 4. Advisory Parks, Recreation & Natural Resources Commission --This commission advises the City Council regarding park dedication by developers, purchase of additional park land, City recreation programs, and natural resources issues. Due to two resignations, there is an opening fora 3 -year term and a 1 -year term in addition to the two 3 -year terms and one alternate position. Also, Terry Davis, current Solid Waste Abatement Commission Member, indicated during his interview for a position on the APC that he would be willing to serve on the APRNRC. Those applying for a position on the commission are as follows: Present Members Meetings Missed: Guy Kohlnhofer (alternate) 1 out of 11 Lee Markell 3 out of 11 New Applicants: Terry Davis (Currently serving on SWAC) - (APC, APRNRC) Jerry Farlee Mark Filipi (APC, APRNRC, EDC, ARC) Bruce Goff (APC, EDC, APRNRC) Ronald Hanson (APC, ARC, APRNRC, EDC) Barbara Johnson Dave Kigin Jim Orcutt (APRNRC, ARC, APC, SWAC) REQUESTED ACTION: Appoint three members for 3 -year terms, one member for a 1 -year term and one alternate for a 1 -year term. 5. Airport Relations Commission --This commission exists at the discretion of the City Council without formal authorization in the City Code. The commission reviews airport issues within the City of Eagan and recommends airport related policy to the City Council. Ted Gladhill, current Airport Relations Commission Member whose term is expiring in January, has indicated his first choice is to serve on the Advisory Planning Commission. The following are applicants for the Airport Relations Commission: Present Members Ted Gladhill (APC, ARC) Meetings Missed: 1 out of 11 New Applicants: Kurt Augustin (APC, ARC) Eric Drenckhahn Mark Filipi (APC, APRNRC, EDC, ARC) Ronald Hanson (APC, ARC, APRNRC, EDC) Jim Orcutt (APRNRC, ARC, APC, SWAC) Michael Steenberg (ARC, APC) REQUESTED ACTION: Make two appointments for 3 -year terms and one alternate for a 1 - year term. Agenda Information Memo January 21, 1997, City Council Meeting 6. Joint Burnsville/Eagan Telecommunications Commission --This commission oversees the administration of the Joint Bumsville/Eagan Cable Television system. In addition, Michael Steenberg, who interviewed for a position on either the ARC or the APC, was asked if he would consider an appointment to the Telecommunications Commission. He indicated he would, but after further consideration feels there would be a conflict of interest because his occupation involves marketing satellite dishes. The following are applicants for the Telecommunications Commission: Present Members Maggie Jensen Jeff May Meetings Missed: 1 out of 12 1 out of 12 REQUESTED ACTION: Make two appointments for 3 -year terms and one alternate for a 1 - year term. B. Acting Mayor --There is a statutory requirement that a member of the City Council be appointed as acting mayor. All councilmembers are eligible for this appointment. The acting mayor presides in the absence of Mayor Egan at Council meetings and all other activities pertaining to the City of Eagan. Historically, the Mayor has made this appointment. REQUESTED ACTION: Appoint a member of the City Council as acting mayor. Agenda Information Memo January 21, 1997, City Council Meeting C. Official Legal Newspaper --There is a statutory requirement to designate a legal newspaper as the official newspaper for the City. The City can only designate a legal newspaper of general circulation in the City as its official newspaper for publication of items required by law, an other matters that the Council deems advisable and in the public interest to be published. The City has received two proposals from This Week Newspapers/Dakota County Tribune, Inc. and Minnesota Sun Publications. The Dakota County Tribune is slightly less expensive for the first insertion of legal notices and slightly more expensive on multiple insertions. An actual comparison is difficult because of different type sizes, characters per line and lines per inch. The cost difference is not a significant factor in total. Even though the Dakota County Tribune is the designated official legal newspaper, legal notices would also appear in Eagan This Week. Deadlines for publication and public dates match up much better with City activity with the Dakota County Tribune and Eagan This Week than with the Sun Current. Legal Notices Deadline Publication Agendas Deadline Publication Tues. Noon Thursday Mon. 4:00 p.m. Thursday Their proposals are attached on pages through Tues. Noon Sunday Wed. 4:00 p.m. Sunday Sun Current Thurs. 2:00 p.m. Wednesday Wed. 5:00 p.m. Wednesday REQUESTED ACTION: Approve retention of Dakota County Tribune as the City of Eagan's official legal newspaper. D. City Council Meetings --The City Council must designate the dates and times of regular City Council meetings, which have traditionally been the first and third Tuesdays at 6:30 p.m. A tentative schedule is attached on page ::2e) designating the first and third Tuesdays as regular Council meeting dates, with the exception of one meeting which falls on an election day. For that date, an alternate date is suggested. REQUESTED ACTION: Approve or modify the 1997 Schedule of Council Meetings as presented with the alternate date. Agenda Information Memo January 21, 1997, City Council Meeting E. Council Meeting Procedures --To keep the agenda moving smoothly, the Council each year has adopted basic guidelines for making presentations before the Council. In addition, a handout has been developed incorporating these guidelines and an explanation of the Council meeting process. A copy has been included on pages through for the Council's review and appropriate revisions or approval. REQUESTED ACTION: Approve the attached guidelines/handout for public participation in City Council meetings. �� 1 �6 a lu I : ►I 1 r ' t7�.9 �1►� rrti ►"%AVA' 1 ja F. Council Committee Appointments --Standing committees of the City Council have been used to examine a specific subject matter at the request of the City Council. The committees consist of two members of the Council and act in an advisory capacity to the Council. The standing committees for 1996 were as follows: Finance Committee: Hunter (Chair) and Egan Public Works Committee: Wachter (Chair) and Awada Personnel Committee: Masin (Chair) and Wachter Historically, the Mayor has made the appointments to standing committees. The representative positions for 1996 were as follows: Minnesota Valley Transit Authority Board: Masin School District #191: Masin School District #196: Hunter School District #197: Egan Dakota County League of Governments: Masin History Committee: Wachter Minnesota Legislative Committee Board: Egan Dakota County Economic Development Partnership: Wachter (Hunter alternate) Historically, appointments to representative positions have been made by Council consensus. REQUESTED ACTION: The Mayor to appoint members of Council standing committees; and for the Council to volunteer as representatives to the above referenced groups. Agenda Information Memo January 21, 1997, City Council Meeting G. OTHER APPOINTMENTS 1. MASAC Representatives. The City typically appoints one representative and two alternates to the Metropolitan Aircraft Sound Abatement Council, a Metropolitan Airports Commission advisory body. Mayor Egan has currently been serving as the representative, and Jon Hohenstein has been serving as an alternate. Traditionally, a staff person has been designated as one of the alternates. Mike Schlax and Lance Staricha have shared the other alternate position. REQUESTED ACTION: Appoint one member and two alternates to the Metropolitan Aircraft Sound Abatement Council. 2. City Representative to the Eagan Convention and Visitor's Bureau Board of Directors. Currently, the City representative to the ECVB is the Director of Community Development. The City Administrator is attending meetings, absent a Community Development Director. If a member of the City Council would like to serve on the Board, consideration should be given to an appointment. The Board consists of primarily representatives of the Eagan lodging industry. The appointment is for two years. REQUESTED ACTION: To appoint the City Administrator or a member of the City Council to the ECVB for two years. 3. Special Advisory Committees. During 1995, City Councilmembers have discussed the appointment of certain advisory committees such as Capital Budget Committee, Special Zoning/Comprehensive Guide Plan Update Study Committee, Community Visions and Charter Commission. If special committees are to be formed, the City Council will need to prioritize and establish the objectives of each committee, determine a time schedule and resource allocation to work on the projects. REQUESTED ACTION: Direction will further be provided at the January 28, 1997 Special City Council meeting when the City Council considers its work program and goals. h9MINNESOTA SUN PUBLICATIONS Sun•Current Sun•Post Sun•Sailor December 11, 1996 City Council City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Dear City Council Members; The Eagan Sun -Current would like to be considered for designation as the legal newspaper for the City of Eagan for the year 1997. We know that readership and price are two important factors you consider. Please note that no one else reports local community news stories that directly affect peoples' lives like Minnesota Sun Publications. Every week, we cover local community events, politics, sports, business, police reports, religion, as well as arts and entertainment. Within our coverage area, our readership tops all other newspapers in market penetration,.vith 77% of all adults saying they have read the publication sometime during the past four weeks.* \, 0`�a The rate structure for legals effective January 1, 1997 will be: 1 column width - $1.20 per line for fust insertion $ .60 per line for subsequent insertions aw Discounts are available depending on format sent. a It Q f L,; \ 1 cr Notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. For notices that are six pages or more, the copy must be submitted an additional 24 hrs in advance. Please notify us of your decision, and we will send you details on deadlines, discounts and transmission specifications. If you require more information to make your decision, please contact me or Mendel Hedblom, our Legal Representative, at 896-4809. We appreciate your considering the Sun -Current as the official newspaper for Eagan in 1997. Sincerel S . Mi Publisher and Chief Operating Officer *Source: Suburban Mpls. Readership Study, Urban & Associates `()9,, dtbGOuVA bh 14% l "b4 iC-e-,S I � vyN o CL2 vv` i 5 u, b -e d, Bloomington Office: 7831 East Bush Lake Road • Bloomington, MN 55439 • Ph: (612) 896.4700 ?10 THIS WEEK NEWSPAPERS DAKOTA COUNTY TRIBUNE, INC. December 19, 1996 City of Eagan P.O. Box 21199 Eagan, Minnesota 55121 To the Mayor and City Councilmembers: We would like once again to serve as the official newspaper for the City of Eagan. As the leading publication in the area, we feel it's important to provide our readers with the city's legal notices in addition to the news stories, features and photographs of local events that we offer each week. The Dakota County Tribune has been your official newspaper for many years, so readers and business people are well-acquainted with where to find these important legal notices. We have also served as the Jegal newspaper for the cities of Apple Valley and Burnsville, as well as the local school districts. Our staff is very experienced in helping the cities place their legal notices properly. As we have done in the past, legal notices would also appear in Eagan Thisweek, our total circulation newspaper. Please note that the rates quoted on the enclosed form are the same as last year, with no increase in cost to the city. If you have any questions, feel free to call. Tbank you for your consideration. Sincerely, Carol Haverland Legal Department Enc. (612) 894-1111 P.O. Box 1439 1525 E. Highway 13 Burnsville, MN 55337 QUOTATION FORM CITY OF EAGAN No. of Lines Per Column Inch 10 Printed Characters and Spaces Per Line Average 45 Total Characters and Spaces Per Column Inch Average 450 Per Line Cost 67 • 7� Per Column Inch Cost $ 6 7 7 December 19, 1996 Date Dakota County Tribune, Inc. Newspaper By Carol Haverland 7 1997 SCHEDULE OF COUNCIL MEETINGS January 7 January 21 February 4 February 18 March 4 March 18 April 1 April 15 May 6 May 20 (School Bd. 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RECOMMENDATION AIRPORT RELATIONS COMMISSION PROPOSED MODIFICATION OF AIRPORT LEGISLATION ENVIRONMENTAL REVIEWS OF AIRPORT EXPANSION ACTION TO BE CONSIDERED: To approve or deny a recommendation by the Airport Relations Commission to support retaining language in the airport expansion legislation to require environmental reviews of continued traffic growth at Minneapolis/St. Paul International Airport. FACTS: As a part of the airport planning act of 1996, the legislature adopted a requirement that the Metropolitan Airports Commission prepare documentation of the environmental affects and costs associated with the airport at traffic levels of 600,000, 650,000, 700,000 and 750,000 operations per year. MAC has approached Senator Wiener, the author of this section of the lav asking that it be deleted during this legislative session. The Airport Relations Commission has reviewed the information and recommends that the City- either supports retention of the language as it appears or modification of the statute which meet the original intent of the law. Such analysis is not expected to have any adverse effect on the airport or its operations, but will provide impact, cost and benefit information necessary for future planning. .-A ATTACHMENTS: • Airport Planning Act excerpt on page 2?_ . n • Staff memorandum on pages _72through d . �s -CHAPTER No. 464 •ii.F. No. 3012 1 parallel runway at the uinneapolis-St. Paul international . 2 air rt without the affected city's apRroval. The co ration 3 must enter into the contracts by January 1, 1997. b If a contract with a city as required by this 5 subdivision is not executed by Januar 1 3997 as a result of 5 the coy ration failin to act in cood faith the amount the 7 eon ration must s end for noise mi i ation in the affected cit 8 is increased by 100 percent of the amount spqnt in the most 9 recent Zear in which an exrenftture was made for noise 10 mitigation in the affected SI&I, 11 ( a) A contract entered into 69 a eitX and the corporation 12 sander this subdivision creates and the contract must 2rcvLde 13 third Party beneficiary rights on behalf of the affected 24 1pro2erty owners in the affected cities_. These thLrd.jurty 15 beneficiary rights apply only if a state law_ehan es, 16 supersedes, or invalidates the contract or authorises or -enables 17 the corporation to construct a third aa_rallei runway 18 notwithstanding the contract. 19 (d) An "affected city" is any city that would experience an 20 Increase in the area located within the 60 Ldn noise contour as 21 a result of operations using the third parallel runway+. 22 Sec. 11. Minnesota Statutes 1994, .section 473.514, is 23 amended by adding a subdivision to reads 24 Subd. 2a. tZNVUONMSN'1'AL IMPACT PXPORT.j Notwithstanding 25 the r+rov isions.of subdivision 2, the commission shall Prepare a „ 25 report documenting the environmental effects of Projects. 27 included in the MSP 2010 lona-term comprehensive elan. 28 =nvironmental effects of and costs associated with, noise 29 impacts, solve ssitigation aseasures, and land use compatibility 30 reasures must be evaluated accoraLna to alternative assumptions 31 of 600 000 .•650 000 ` 00 000 and 750 000-aircraftcnmrstLons at 32 uinneaPolis-St. Paul International airport. 33 sec. 12.-minnesots itatutes 1994, -section 473.921, is - 34 amended by adding a subdivision to reads 35 Subd. ib:. (AMUAL &EMT TO ZSCISLATME.j The corporation 36 shall se rt to the -legislature -by Iregbruary 15 of each year Article 3 Section 22 28 MEMO —city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JANUARY 16, 1997 SUBJECT: ARC RECOMMENDATION - PROPOSED AMENDMENT OF AIRPORT PLANNING ACT OF 1996 At its meeting of January 14, the Airport Relations Commission was informed that MAC has approached Senator Wiener to suggest that a portion of the Airport Planning Act that she authored last spring be amended out of the law. The section in question requires the MAC to do environmental reviews at higher levels of traffic than was analyzed in the dual track study. The MAC contends that since the statute only allows them to add the north south runway, they should only be required to study impacts up to the capacity of the airport with that runway. The Commission considered this matter and is recommending the following: 1. The City should not acquiesce to a change in the statute without having language of comparable value in the statute to replace it. 2. Since the dual track study analyzed a no -build option which would accomodate increased operations, but at increased levels of delay, a similar analysis could be done for the proposed expansion such that the statutory language may not need to be changed. 3. If the MAC pursues its effort to remove the language, the City should encourage Senator Wiener and its other Legislators to offer replacement language as follows: a. The MAC should perform a revised environmental review based on higher scenarios of 515,000, 570,000 and 625,000 operations in 2005. b. The MAC should perform an analysis for average annual delay for the expanded airport at levels at and above 640,000 operations per year. The 650,000, 700,000 and 750,000 levels are still valid for this purpose. The analysis should include the years at which these levels will be reached under alternative growth scenarios. C. The MAC should analyze the lead time necessary to activate a future airport planning process based on alternative rates of growth and the lead time necessary to site, acquire and build additional capacity. d. The MAC should analyze the number of residents and households within the revised worst case DNL contours including 60, 55 and 50. e. The Legislature, through its appropriate committees, should annually review actual growth of airport operations and revised projections of growth and assess its environmental and financial costs to the state. If approved by the Council, this item will be shared with the Legislative delegation at the Commission's workshop meeting of the 23rd. Absent action by the City, the clause may be removed from the statute. c�., 11 A stan o the City Administrator E, Agenda Information Item January 21, 1997 Eagan City Council Meeting B. RECONSIDERATION - GARDENWOOD PONDS 3RD ADDITION ACTION TO BE CONSIDERED: ► To approve or deny a request by Don Patton, D.R. Horton Inc. to reconsider the City Council's decision on January 7, 1997 to deny the Preliminary Subdivision for Gardenwood Ponds 3rd Addition. ISSUES: ► The developer is requesting a reconsideration of the Council's decision to deny the subdivision and ask for a continuance rather than a denial in order to change the plans to take into consideration the Council's desire to eliminate the variance request for a cul-de- sac in excess of 500'. FACTS: ► An earlier item scheduled under the Consent Agenda for this City Council meeting was the Findings of Fact for the denial of the proposed subdivision for Gardenwood Ponds 3rd Addition. ATTACHMENTS: (2) Letter from Don Patton, D.K Horton Inc. - page D Memo from James Sheldon, City Attorney - page [PAN D. R. HORTON INC., - MINNESOTA 3459 Washington Dr., Suite 204 Eagan, MN 55122 612 454-4663 ext. 140 Fax 612 454-0460 14 January 1997 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 SUBJECT: Gardenwood Ponds, 3d Phase Replat Case: 23 -PP -20-9-96 Gentlemen: On January 7, 1997, we appeared before the Council requesting Rezoning of a 1.5 acre parcel that we purchased from Sienna Corp, and a revision to the approved Gardenwood Ponds Preliminary Plat that incorporates the parcel. The parcel consist of Outlots C and D and are remnants of the Bridle Ridge development. The Council acted to Approve the Rezoning at the meeting. The change to the Preliminary Plat was disapproved. This letter is to request the Council reconsider its action on the change to the Preliminary Plat, and approve a Continuation, subject to working out the concerns that were raised at the meeting. The reconsideration will minimize the time that staff will have to spend on a parcel that has to be incorporated in the development plans for the City of Eagan. We appreciate your approval of this request. U� L PAL �: �—' Don Patton Manager of Land Development cc:Tom Hedges a! MEMORANDUM TO: Shannon Tyree Project Planner FROM: James F. Sheldon, City Attorney DATE: January 15, 1997 RE: Gardenwood Ponds 3rd Addition Request for Continuance At the January 7, I997 City Council meeting, the City Council directed the preparation of Findings of Fact, Conclusions and Resolution of Denial for the preliminary subdivision and variance for Gardenwood Ponds 3rd Addition. Those have been prepared and are on the City Council agenda for review and action at the January 21, 1997 Council meeting. On January 14, our office received a photocopy of a letter from the applicant's representative requesting that the Council reconsider its action and continue the preliminary subdivision subject to working out the concerns that were raised at the meeting. You have asked for alternatives for the Council. First of all, the Council may reconsider the matter if it so chooses. Past practice of the Council if it desires to discuss the issue of reconsideration is to place a motion on the table for reconsideration and upon approval, to determine when it will consider the matter. If the motion fails, then there is no reconsideration. Minnesota Statutes and the Eagan City Code require that the Planning Commission hold a public hearing on all the subdivision applications prior to preliminary approval. State law provides that at the hearing all persons interested shall be given an opportunity to make presentations. Such a hearing happened in the case of the proposed Gardenwood Ponds 3rd Addition subdivision. Since no revised application has been submitted, the Council is not in a position to determine whether there has been any change to the proposal. Whether there is a significant change in the proposal is a fact and circumstances determination that can be made by the City Council only after it receives the new proposal. If it continues the applicant's proposal,upon receipt of a new proposal the Council may determine that it should go back to the Planning Commission for a public hearing. If the Council deems the change not to be significant it can act upon the proposal. If the Council does not reconsider the proposal, a new application would have to go through the Planning Commission public hearing process and then to the City Council. If you have any questions, please feel free to contact me Agenda Information Memo January 21, 1996 Eagan City Council Meeting A. REZONING AND PRELIMINARY SUBDIVISION - FRED WE EL ACTION TO BE CONSIDERED: ► To approve or deny a Rezoning of approximately 4.25 acres from Agricultural to R-1 Single Family on property located in the SE 1/4 of Section 14. To approve or deny a Preliminary Subdivision (Wessel Addition) consisting of four lots on approximately 4.25 acres located in the SE 1/4 of Section 14 subject to the conditions recommended by the Advisory Planning Commission. FACTS: The proposed rezoning from Agricultural to R-1 Single Family is consistent with the Comprehensive Guide Plan which designates the property for D -I Residential. It would also be consistent with surrounding single family development. The proposed Wessel Addition consists of four lots ranging in size from 14,000 s.f. to 2.7 acres (the existing Wessel residence). Lots 1 and 4 meet all code requirements for size and area. Lots 2 and 3 have less than 50 feet of frontage on Betty Lane and are less than 85 feet wide at the front setback line. Both of these lots widen out to 90 feet and provide ample room to build a house without setback variances. Approval of this preliminary subdivision will include granting of variances to the lot width and frontage for Lots 2 and 3. ► The site contains some rolling topography and woodlands. The applicant intends to provide individual, custom grading plans with each building permit to minimize tree and slope disturbance. IN, A jurisdictional wetland exists in conjunction with Pond JP -60. Dedication of a drainage and utility easement will be required and will provide some wetland protection. It is also recommended that grading and vegetation removal be prohibited within 30 horizontal feet of the normal water level. No. Utilities are available to Lots 2, 3 and 4. Lot 1 current uses on-site septic and well systems which will remain. Staff recommends that sanitary sewer be extended to the west edge of the property to provide service for possible future development of the Carriage Hills golf course property. No. Lots 2, 3 and 4 will take access off Betty Lane. Lot 1 will continue to take access off the northern (unimproved) segment of Wescott Hills Drive. Staff recommends that Wescott Hills Drive be extended to connect the northern (unimproved) and southern (improved) segments of roadway. The thoroughfare and right-of-way needs for Wescott Hills Drive are addressed in more detail in the Public Works Director's report (attached). ► At their meeting on December 19, 1996, the APC recommended approval of the Preliminary Subdivision (Wessel Addition) subject to the conditions in the staff report, including a modification to condition #3 clarifying that the subdivision includes a 30 foot right-of-way dedication as shown on the subdivision plan dated 11/20/96, revised 12/2/96. ISSUES: ► The applicant opposes roadway dedication and extension of Wescott Hills Drive at this time. They contend that the proposed subdivision will not create any additional traffic on Wescott Hills Drive and therefore, the roadway does not need to be extended until Lot 1 is further subdivided in the future. The City Attorney noted that the subdivision plan submitted by the applicant includes a dedication of 30 feet for Wescott Hills Drive right-of-way. As such, approval of the subdivision as proposed by the applicant would include a 30 foot right-of-way dedication. The APC suggested that the City purchase any dedication required over the typical 30 foot right-of-way dedication. BACKGROUND/ATTACHMENTS: Minutes of December 19, 1996 APC meeting, pages T through Lo Staff report, pages through f IQ -7 Public Works Director's report da ed January 17, 1997, pages � through �3 Page 6 December 19, 1996 ADVISORY PLANNING CONMSSION REZONING & PRELIMINARY SUBDIVISION FRED WESSEL Chairman Miller opened the next public hearing of the evening regarding a rezoning of 4.27 acres from A (Agricultural) to R-1 (Single Family) and a Preliminary Subdivision (Wessel Addition) consisting of 4 lots for property legally described as P.I.D. # 10-01400-014-79 located south and west of Betty Lane in the SEV4 of Section 14. Planner Farnham introduced these items. Ms. Farnham highlighted the information presented in the City staff s planning report dated December 10, 1996. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. Howard Kyllo, the applicant's representative, advised the Commission that the applicant opposed Condition No. 3 of the preliminary subdivision which requires the applicant to extend Wescott Hills Drive along the west side of the subject site. Mr. Kyllo stated that the proposed Lot 1 of the subdivision is incidental to the proposed Lots 2, 3 and 4, explaining that Mr. Wessel wants to maintain the east half, the proposed Lot 1, for his sole residential use and at this time has no intention to subdivide Lot 1 into individual lots. Mr. Kyllo further stated that Mr. Wessel's use of Lot 1 will create no additional traffic requiring the extension of Wescott Hills Drive. Mr. Kyllo further stated that Mr. Wessel objects to the dedication because Condition No. 3 requires Mr. Wessel to dedicate the entire width of the street as opposed to the normal 30 feet or dedication to the center line, reasoning that it is not fair that no land from Carriage Hills Golf Course is used for the right-of-way. Mr. Kyllo further stated that Mr. Wessel would agree to the Wescott Hills Drive right-of-way dedication but asked that the required improvement of the right- of-way be deferred until Lot 1 is farther divided in the future. No members of the public were present for comment. In response to Vice Chair Heyl's inquiry, Senior Planner Mike Ridley stated that the City Council will be apprised of the City Code requirement that all required right-of- ways be dedicated and improved with any approved subdivision and that the Council will need to consider and decide whether to require the applicant to dedicate and if so whether improvement of the right-of-way may be deferred to a later date. In response to Member Segal's inquiry, Planner Ridley further stated that the City Code requires improved public access for newly divided lots. Mr. Ridley further advised that Lot 1 currently takes public street access onto Wescott Hills Drive 'n the northwest corner of the property and will continue to have access when the property is divided. Design Engineer John Gorder explained that when the Sunrise Hills Addition was developed. Wescott Hills Drive was M, Page 7 December 19, 1996 ADVISORY PLANNING CON IISSION stubbed to go through at the southwest comer of the subject property. Mr. Gorder further explained that the dedicated public right-of-way for Birch Street was vacated because of the topography. Member Isberg noted that if the City waives or defers the requirement that Mr. Wessel dedicate the entire width of Wescott Hills Drive public right-of-way, the City will have to then purchase the other half of the right-of-way from Carriage Hills Golf Course in addition to picking up the cost of improving the right-of-way. City Attorney Dougherty advised the Commission that the proposed plat submitted by the applicant shows a dedication of 40 feet for the proposed Wescott Hills Drive, of which 10 feet is public utility and sidewalk easement from the curb line. Mr. Kyllo explained that the plat submitted and attached in the staff planning report is a certified survey in which the subject property shares one-half of the right-of-way, but noted that the plat was prepared before the City staff report which is now requiring a 60 -foot right- of-way. Mr. Kyllo emphasized that Mr. Wessel wants the dedication requirement deferred until Lot 1 is further subdivided. City Attorney Dougherty explained that the Commission has before it a proposed plat with a 30 -foot right-of-way and therefore if the Commission approves the proposed subdivision it will approve the 30 -foot right-of-way. Mr. Kyllo stated that Mr. Wessel would not agree to the 30 -foot dedication as shown on the proposed plat submitted by the applicant, which is attached in the planning report, but noted that Mr. Wessel would agree with the dedication if he was able to defer improvement of the dedicated right-of-way until he moves off Lot 1 and further subdivides it. Mr. Kyllo further stated, however, that Mr. Wessel is hesitant to agree to the dedication now because the City could improve the right-of-way any time with the dedication platted. In response to the Commission's inquiry, Design Engineer Gorder explained that the extension of Wescott Hills Drive is part of the 1996 Capital Improvement Plan, although it was inadvertently omitted from the written Capital Improvement Plan. Senior Planner Ridley noted that the City's main concern is that without the dedication with the subdivision now, the City will have to purchase the land later when it is ready to improve the right-of-way. Vice Chair Heyl stated that the issue of deferring improvement of the right-of-way is an issue for the City Council and that the only issue for the Commission at this hearing is whether the applicant shall be required to make the dedication. Member Frank stated that a 30 -foot right-of-way dedication is typical and requiring the applicant to dedicate additional land should not be conditioned on the subdivision but assumed by the City. Members Burdorf and Segal suggested that Condition No. 3, therefore, should be amended to the affect that the Wescott Hills Drive public right-of-way dedication be consistent with the applicant's proposed plat dated December 2, 1996, which in affect shows a-3 0 -foot right-of-way with an additional 10 -foot easement. Page 8 December 19, 1996 ADVISORY PLANNING COIvMSSION Member Isberg moved, Member Frank seconded, a motion to recommend approval of a rezoning of 4.27 acres from A (Agricultural) to R-1 (Single Family) for property legally described as P.I.D. #10-01400-014-79 located south and west of Betty Lane in the SEV4 of Section 14. All approved in favor. Member Isberg moved, Member Frank seconded, a motion to recommend approval of a Preliminary Subdivision (Wessel Addition) consisting of 4 lots for property legally described as P.I.D. 910-01400-014-79 located south and west of Betty Lane in the SEI/4 of Section 14, 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, B 1, B2, B3, B4, C 1, C2, C3, D 1, E 1, F 1, G1 Other Conditions 2. Sanitary sewer within Wescott Hills Drive shall be extended to provide sanitary sewer service for possible future development of the property to the west. 3. This development shall dedicate all public right-of-way and drainage and utility easements in accordance with City Code dedication requirements and the applicant's proposed plat, dated November 20, 1996 and revised December 2, 1996. 4. No vegetation removal or grading is allowed within 30 feet of the edge of Pond JP - 60 at normal water level. 5. A Tree Preservation Plan for each lot will be required at the time of building permit. 6. The developer shall plat the property. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: December 10, 1996 CASE: #14 -PP -23-11-96 APPLICANT: Fred Wessel PROPERTY OWNER: Fred Wessel HEARING DATE: December 19, 1996 PREPARED BY: Julie Farnham REQUEST: Rezoning and Preliminary Subdivision LOCATION: 3590 Wescott Hills Drive COMPREHENSIVE PLAN: D -I Residential (0-3 units per acre) ZONING: A- Agricultural SUMMARY OF REQUEST The applicant is requesting a Rezoning from A - Agricultural to R-1 Single Family and a Preliminary Subdivision (Wessel Addition) to create four lots on approximately 4.25 acres of land in the SE 1/4 of Section 14. 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. Planning Report - Wessel Addition December 19, 1996 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 judgement 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). I 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 proposed Wessel Addition consists of four lots. Three of the lots will front on Betty Lane, a cul-de-sac that was constructed as part of the Red Oaks subdivision development directly to the north. The fourth lot is the site of the existing Fred Wessel residence and fronts on Wescott Hills Drive. This lot is 2.7 acres in size and may be further subdivided in the future when utilities are available on Wescott Hills Drive. EXISTING CONDITIONS The site has rolling topography, generally sloping toward the pond in the southeast corner of the property. The site is covered with a mix of trees and understory vegetation. An existing single family home (Wessel residence) is located on the west half of the property. This home has driveway access on the portion of Wescott Hills Drive that extends north to Yankee Doodle Road. Planning Report - Wessel Addition December 19, 1996 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single family subdivision (Red Oaks) and large lot residential; zoned R-1 and A; guided D -I South - Single family subdivision; zoned R-1; guided D -I East - Single family subdivision; zoned R-1; guided D -I West - Carriage Hills Golf Course; zoned P; guided PF EVALUATION_QF RE3UEST Rezoning - Rezoning this property from A (Agricultural) to R-1 (Single Family Residential) would be consistent with the Comprehensive Guide Plan which designates the area for D -I Residential (0-3 units per acre). Most of the surrounding land has also been zoned and subdivided for single family development. Preliminary_ Subdivision Lots - The proposed Wessel Addition will consist of four lots ranging in size from 14,248 s.f. to 117,429 s.f. (2.7 acres). All lots exceed the minimum 12,000 s.f. area required under R-1 zoning. Lots 2 and 3, fronting on Betty Lane, are both about 32 feet wide which is less than the minimum 50 foot frontage required by the Subdivision Ordinance. They are also less than 85 feet wide at the 30 foot front setback line. This is due to their somewhat "dog -leg" shape. Both widen out to 90 feet and provide ample room to build a house without setback variances. Lots 1 and 4 meet all code requirements for lot size and width. Density - The density of the proposed four lot subdivision will be about 1 unit per acre. This could increase in the future if the proposed Lot 1 is further subdivided. Umpatibility with Surrounding Area - The proposed subdivision will create lots of similar size as surrounding residential subdivisions and should be compatible with the area. Setbacks - All the proposed lots can accommodate development of single family homes with the required setbacks. Grading/ Wetlands - The site contains rolling topography and some woodlands. The applicant intends to provide individual, custom grading plans with each building permit to minimize tree and slope disturbance. The only jurisdictional wetland within the development is associated with Pond JP -60, a designated nutrient trap in the City's water quality management plan. A drainage and utility easement will need to be secured for the portion of Pond JP -60 on the property. No grading or Planning Report - Wessel Addition December 19, 1996 Page 4 filling within the easement will be allowed, and therefore regulated wetland impacts should not occur. To provide additional protection to the wetland, a condition prohibiting grade changes and vegetation removal within 30 horizontal feet of the edge of the water at normal water elevation should be required. Storm Drainage/Water Quality - A majority of the storm water runoff from the site drains to Pond JP -60. Drainage patterns will not be altered significantly with future house construction on Lots 2, 3, and 4. Development will generate a small amount of additional runoff that will eventually reach Fish Lake. The site is too small to require on-site ponding, so a cash dedication for water quality is recommended. One of the four lots proposed already has an existing residence, therefore the cash dedication amount will be based on the remaining three lots. tilities - An 8" lateral sanitary sewer was constructed within Wescott Hills Drive to the southwest comer of the property at the time the Sunrise Hills Addition was developed. This sanitary sewer should be extended to provide sanitary sewer service for possible future development of the property to the west (Carriage Hills Golf Course). Sanitary sewer and water services were stubbed to serve Lots 2, 3, and 4 with construction of Betty Lane. The residence on Lot 1 is proposed to continue to be serviced via septic and well systems. Access/Street Design - Driveway access for Lots 2, 3, and 4 will be provided onto Betty Lane, a public street cul-de-sac which connects to Sunwood Trail to the east. The existing residence on Lot 1 will continue to take public street access onto Wescott Hills Drive in the northwest corner of the property. Wescott Hills Drive north of the proposed Wessel Addition is a rural section gravel roadway identified for upgrade to an urban section in the City's 5 -Year Capital Improvement Program. Wescott Hills Drive south of the proposed subdivision is a standard local residential street, with a temporary cul-de-sac that was stubbed to the southwest corner of this property in anticipation of future extension to the north. To provide an adequate north -south collector street for the ultimate development of the area, Wescott Hills Drive, built to City local residential street standards, should be extended along the west side of the proposed Wessel Addition to connect the two existing portions of Wescott Hills Drive. To minimize property impacts to the Carriage Hills golf course and the existing overhead power lines on the west side of Wescott Hills Drive, the roadway extension should be located within the Wessel Addition plat as much as possible. The City will require dedication of right-of-way for the extension of Wescott Hills Drive to join the north and south roadway segments. Tree Preservation - Significant vegetation on this site consists of scattered larger individual hardwood deciduous trees and a variety of smaller diameter deciduous trees which are classified as significant woodlands. Lots 1 and 2 have significant vegetation over most of their area, while lots 3 and 4 are partially covered with significant vegetation. Individual tree preservation plans will be required with building permits. Planning Report - Wessel Addition December 19, 1996 Page 5 Parks and Recreation - This development will be subject to cash dedication for parks and trails. UMMARY/CONCLUSION The proposed rezoning to R-1 Single Family is consistent with the Comprehensive Guide Plan designation of D -I (0-3 units per acre). The proposed four lot subdivision meets code requirements for lots size, however, Lots 2 and 3 are narrower than required by code. As such, approval of this preliminary subdivision will include granting of variances to the lot width for Lots 2 and 3. All four lots have buildable areas large enough to allow construction of homes without setback variances. Wescott Hills Drive should be extended along the west edge of the proposed subdivision to connect the two existing portions of the roadway. The new road will need to be built to City local residential street standards. In conjunction with the roadway, sanitary sewer should be extended to provide service for possible future development on the property to the west. ACTION TO BE,CONSIDERED A. To recommend approval or denial of a Rezoning of approximately 4.25 acres from A - Agricultural to R-1 Single Family on property located in the SE 1/4 of Section 14. B. To recommend approval or denial of a Preliminary Subdivision (Wessel Addition) consisting of four lots on approximately 4.25 acres of property located in the SE 1/4 of Section 14, subject to the following conditions: Standar Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl. C2, C3, D1, E1, F1, GI Other Conditions 2. Sanitary sewer within Wescott Hills Drive shall be extended to provide sanitary sewer service for possible future development of the property to the west. 3. Wescott Hills Drive, built to City local residential street standards, shall be extended along the west side of the development between the existing portions of Wescott Hills Drive at the northwest and southwest corners of the site. To minimize property impacts to the Carriage Hills golf course and existing overhead power lines on the west side of Wescott Hills Drive, the roadway extension shall be located within the Wessel Addition plat at much as possible while maintaining City roadway design standards. Planning Report - Wessel Addition December 19, 1996 Page 6 4. No vegetation removal or grading is allowed within 30 feet of the edge of Pond JP -60 at normal water level. 5. A Tree Preservation Plan for each lot will be required at the time of building permit. 6. The developer shall plat the property, STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialOblioatIons 1. This development shall accept its additional financial obligations as defined in the stafFs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Scecifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contratx, the appropriate project must be approved by Council action prior to final plat approval. E. Perm! 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. mer 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 Approved: August 25, 1987 LTSOS STANDAROXON City Council September 15, 1987 Revised: July 10 199 Revised: February 21993 FINANCIAL OBLIGATION - Wessel There are pay-off balances of special assessments totaling $31,806 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. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. 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 the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None ?S 5-0 •:WOIIts] sV1�:1• -Aa - i... ■ Om tg 1� 1� .SJ�J® � LEE -Ur �/1'7AMtMM Ar%04 Ul L -M-1 17� ■ m 0 ■ IWO IMMMIN■ —I r100, olo NO Me i ra: IaRfma s r_ Residenti;; Wessel Addition ti -w ofEagm Case No. 14 -PP -23-11-96 Zoning Map N 500 0 500 Feet .ommm�-- Current Zoning A Agriculture go, -.- M-51 of I I I I A I,—==- all I -z -'I II I ! 1 � , + '' ,t. I X11 / i/{ •• ., , � f 1 � . Lr) '' 1+) 1 I � LJS o •"'�--1... �� /`��.1.'r'L, l• `�� mal _lk� s • � � � e��• Lam ?b'� ` - __M .\ C , • r� �r € V {'� �\� ' � so \l �C "' I '•." '' � `j� r ate:: I� �.:'s �� ,i♦ .�� g\l �.\ '�7/ hi-s'iMJ .• ,�, '}` .• 1- \'• er', f - ` { V 00 7-1 t 171f t 1► = opz v+_ate - - I. uj djF 111i1'.lb . \. 1 01 49 SA LO 1 �• .'�I r l o � :� � i� o \ 1 . ,• • � ,.>>!r • �_ •,iia S D7r/�,� 0 1-t-o7%3� =2' ( -� • r� 1 1 J I 1r ' ,� N1. J 1 l ,'� �1�• �/�y� 1` ��! 1._?h1 � � h `\ C)o MEMO city of eagan TO: MAYOR & CITY COUNCIL FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JANUARY 17,1997 SUBJECT: WESCOTT HILLS DR - THOROUGHFARE, R/W & SCHEDULE BACKGROUND Wescott Hills Drive has long been proposed to be a north/south connector between Wescott Road and Yankee Doodle Road through the center of Section 14. During the past 10 years, the following developments have occurred that have addressed the need for Wescott Hills Drive and/or ancillary local streets to ensure continuity of the City's thoroughfare plan, interconnection of neighborhoods and continuity with an overall concept street layout: The Woodlands 1', 2d, & 4h Additions The Woodlands North ld & P Additions Great Oaks Addition Wescott Hills Revised 3'd Addition Trails End Addition Red Oaks Addn. Wescott School Addition (Northview Elem.)- Verdant Acres Sunrise Hills Addition Suncrest Addition In addition, the Wescott Garden Lots, platted. in 1889 created 10 -acre lots with platted right-of- way for Oak, Cedar, Birch, Center, Dodd, and Roger streets. With the exception of Dodd Street (now referred to as Wescott Hills Drive), the vast majority of these early platted public rights-of- way were subsequently vacated to accommodate incremental platting of the above -referenced subdivisions. The south half of Wescott Hills Drive was constructed as a part of the Sunrise Hills Addition in 1988. WESSEL ADDITION The public right-of-way for Wescott Hills Drive has been assured along the entire alignment except for the approximate 300' frontage of the Wessel property (Parcel 012-79). During the final plat consideration of the Red Oaks Addition, it was necessary to vacate a portion of Birch Street along the north line of the Wessel property. At the public hearing considering this vacation on October 18, 1994, it was recommended that in consideration of vacating the half right-of-way (0l of Birch Street adjacent to the Wessel parcel, that Mr. Wessel dedicate the right-of-way for Wescott Hills Drive. After much discussion, the Mayor and Council concluded that the right-of- way dedication for Wescott Hills Drive could be dealt with at the time that the land was eventually platted which is being considered on January 21. The City Council should determine how much right-of-way should be dedicated with the proposed Wessel Addition plat and how much should be platted as an outlot for future acquisition by the City if, and when, Wescott Hills Drive is upgraded completing its connection from Wescott Road to Yankee Doodle Road. FUTURE_ DEVELOPMENT CONSIDERATIONS In addition to the current application for the Wessel Addition, the Thorpe Woodland Gardens plat (approved 7-20-93) recommended that Wescott Hills Drive be upgraded to City standards in accordance with Code requirements. At that time, the City Council felt the upgrade - was premature and unnecessary due to this 3 -lot subdivision. However, they directed staff to continue identifying Code requirements as a condition of future subdivisions for consideration on a case- by-case basis. PAST, PRESENT. & FUTURE OF WESCOTT HILLS DR The north half of Wescott Hills Drive is currently a rough -graded 24ane rural gravel road primarily providing access to adjacent large undeveloped lots on the east and the Carriage Hills Golf Course on the west. There have been ongoing complaints and considerable maintenance efforts expended in trying to repair and control the erosion, dust, and washboarding that results from increasing traffic volumes. The upgrading of Wescott Hills Drive has been identified in the "Future" category of the City's 5 -Year CIP until 1993 when it was programmed for 1995. It was subsequently delayed to 1996 to coincide with the possible residential development of the Golf Course proposed in 1996. In the preparation of the 1997-2001 5 -year CEP, Wescott Hills Drive was inadvertently omitted from a specific program year or future category. With the consideration of the Wessel Addition, the City Council needs to very carefully consider what should be done to Wescott Hills Drive and when it should be specifically programmed, if at all. This direction by the Council is critical in considering the development proposal of the Wessel Addition and the future development of the Hesse property, which is anticipated during 1997. Attached are maps showing the layout of the current street configuration resulting from the numerous subdivisions occurring within in Section 14 as well as the concept plan that has been relied on with these developments to ensure interconnection of neighborhoods, thoroughfare continuity and alternate emergency and secondary access to all developments. Whatever action and direction the City Council chooses, Condition #3, as recommended by the staff or modified by the Advisory Planning Commission, should be specifically reworded if necessary to convey the Council's intent. I will be available to further explain the intricacies and complexities of this particular issue as it pertains to the proposed Wessel Addition and the future remaining development of Section 14. Respectfully submitted, Director of Public Works TAC jj Attachment: Conceptual Site Plan Existing Site Plan Layout CMU/MMOS/waooa UkDr-M.y« 11�100000�� 0 --JL WECOT'Tr ROAD r r r r r � r r r r � V -As7 SMLLS—RD_1 WESCOT HILLS DRIVE CONNECTION COY of SCAN, CENTERLINES OF EXIST. R.O.W.' s MATCHING taa �,�5 sC�Tl 7?B 7 s 5 1-6-97 V WESHILLS-RD-2 v WESCOTT HILLS DRIVE CONNECTION 4;;��CITY OF EAGAN NORTH CENTERLINE OFFSET 15' i I I I 308.17' 3 308.17' I 1 °ma � Ky O • "- 5>ci 0 1tw o O 2 BLOCK 1 V 1 307.54' 2 I 034-03 796 ti Ln 1 J 5, I 1 ?9ss, 83. p3, ' 6.8 144.54' 183.05' 3o.ps BETTY LANE 9.18' Q PROPOSED J 1 137.26' WE 5 �,� 32' SS L ADDITIO�y �; Go a GR£ EK • 126.04' N TEMPORARY N `� 4 rn EASEMENT �o 3 012-79 e 0) g7. 1 g 2 D >> 6d 5 0o CT z LLJ 8 2 2 Ld Q o W a 1 e2� O V) z s. In 7 165.71' �,�5 sC�Tl 7?B 7 s 5 1-6-97 V WESHILLS-RD-2 v WESCOTT HILLS DRIVE CONNECTION 4;;��CITY OF EAGAN NORTH CENTERLINE OFFSET 15' SECTION 11 1 WESCOTT SOU ME L _ _ _ — 'OA"' l4s N EAGAN K$° 1 o U w I '3 f ' .• RA T. RD. ThF Q s 3 1 1 AILS » N wG ND5 I RTH 1 CEDAR STREET + F, TRAIL _ _. �I sc�TT 0 SRF qT S� �- Oq U Govt I ACRd 1 `(� 0 � 1 VERDANT B Vic• � s ,�,� G I 3 1 RED O AKS O 7 1 Ty AOCgN � 13 �Q QS 'k,r %MMM PO v BETTY +s +o-o—oq ti �I 1 AEWObbLA n 1i 8 AD D• �zs'o Sr SECD _ SHE WOOD` I ro 'Py � , ., Nn 9SS 1 Opa cl _ O 5 J� Oak 1 �5 I - �� I s 1 1 Ci S � I � I ` � W ct I ' I 'p _ I 1 EAST 1/ N 14 Minnesota Lawful Gambling Premise Permit Application - Part 2 of 2 iiaName Bank Account Number tPA<oTr-t.. IS PrQL--- I I ( - 4-7 8 - a.n o Bank Address itytate p Code -750 Sou Ttt pif a -z n �t u e_ AuE)ua oma+ +>S mei ss'/ o JrW C 72 wrR•Z lou .KL. rt (A h h1u ST111 S111Vlc,E-&ES)bF0 T �kANAt-kra,; 1390 V 1Ac.4�TIFe 4uc. MEWWTA 9+S Mj SSM P2E5rDEN� Q�3Fa,- Sp%x za_ 1037 b E L- F%V3A&.F— 4vc /VI&, bi_' 4 A A/ 3 -VII 1' k4clr_1r7Mk�ss�oa�� L-lni+Oa 14 F.ESE 4VC, M6IVOoiq Offs , MAI 15118 SEC2ErAI2y' 1 hereby consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or public safety, or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. Oath I declare that: -1 have read this application and all information submitted to the board is true, accurate and complete; -all other required information has been fully disclosed; -1 am the chief executive officer of the organization; -1 assume full responsibility for the fair and lawful opera- tion of all activities to be conducted; -1 will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, If licensed, to abide by those laws and rules, including amendments to them; -any changes in application information will be submitted to the board and local unit of government within 10 days of the change; and -1 understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. 1. The city 'must sign this application H the gambling prem- ises is located within city limits. 2. The county "AND township" must sign this application If the gambling premises is located within a township. 3. The local unit government (city or county) must pass a resolution specifically approving or denying this application. 4. A copy of the local unit of government's resolution ao- proving this application must be attached to this application. 5. H 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 Name - _ _ I Township Name _ Title person receiving application :: Signature of person receiving application i t Received Title / ` Y " 2"s Bate Received Refer to the instructions for required attachments. * R r Mail to: .Gambling Control Board Aosawood Plaza South, 3rd Floor -' 1711 W. County Road 8 Rosevllle, YN 55113 L0214(Part 2) (Rw7r2ir91) �.r 'LWV 6F NORTHERN DAKOTA COUNTY AREA JANUARY, 1997 FISCAL DISPARITIES - 1997 CMAL STUDY/CONSENSUS Karen Flood - CMAL Delegate _ Fiscal Disparities Geographic Area Seven -County Twin Cities Metropolitan Region Anoka Deve1opinq Ring Washington ©Ramsey Inner Rin Hennepin :er.lrei c.=.ee am ww Carver c Scott Dakota The Metropolitan Revenue Distribution Law, commonly referred to as the Fiscal Disparities Act, was adopted in Minnesota in 1971. The law provides for property tax revenue redistribution in the 7 - county metropolitan area, and is unique in this country. Tax -base sharing is a means for all metro area communities to share in the growth of the commercial - industrial (C -I) tax base in the entire region, regardless of the physical location of the C -I property. Under provision of the Act, 40% of the growth in the region's C -I tax base since 1971 is contributed to a region -wide pool. The pooled tax base is redistributed to all governmental units levying taxes within the 7 -county area, using a formula based on the population of each and the market value of all property. Over the years, some communities and counties . have been consistent -winners and some consistent losers, and because the formula is based on changing factors --market value and population --and there is ongoing construction and shifts in population, some communities and counties shift between the winner and loser categories. Minneapolis, which was among the top ten winners in 1975 and 1980, was among the top ten losers in 1994, and was a winner again in 1995. In tax year 1975, 137 communities were net recipients (winners) and 51 were net contributors (losers). In 1994 there were 146 net recipients and 42 net contributors, and in 1995 there were 138 winners and 49 losers. Does Fiscal Disparities affect other types of property taxes? Fiscal disparities impacts each property type within a municipality by adjusting the local tax rate used for determining taxes. This includes residential property as well as commercial/ industrial. If a municipality is a net contributor to the fiscal disparity pool, then the property taxpayers will pay more than the amounts budgeted by all governmental units in that municipality. In the case of a unit that is a net recipient of fiscal disparities, the taxpayers will pay less than the budgeted amount. In effect, for net recipients, the tax rate for all types of property is reduced by the amount of fiscal disparity distribution received. Speaking to the 1995 annual CMAL meeting, Curt Johnson, Chair of the Met Council, said that the Twin Cities are fortunate to have the machinery in place for metro -wide sharing of resources. The three legs of the stool of metropolitan policy are the Metropolitan Council, the Comprehensive Land Planning Act, and Tax -base Sharing. LWV OF NORTHERN DAKOTA COUNTY AREA The Fiscal Disparities Act provides a way for local governments to share in the property tax base generated by growth in the entire metro area. It gives incentives for all parts of the area to work for growth of the area as a whole, promotes orderly urban development, helps communities that are in early stages of their development, encourages protection of the environment, and makes the area's resourses available through the existing system of local governments and local decision making. (Metropolitan Maze IV) HOW TAX BASE SHARING WORKS CONTRIBUTIONS: Each municipality contribues to an area -wide pool 400 of its growth in Commercial - Industrial tax base which took place after 1971. This growth - in terms of dollars not specific parcels of property - includes new construction, demolition, revaluation, appreciation, depreciation and inflation. It includes tax increment financing which toop place after 1979. DISTRIBUTIONS: Distribution from pool is determined by formula that compares market value of all taxable property per capita of each municipality to the same per capita measure for the metropolitan area, and multiplies this factor by the population of the municipality. The distribution from the pool goes back to the municipalities through a reduction to the levy. It also goes back to all other taxing jurisdictions which overlap each municipality through reduction to their levies. JANUARY, 1997! During the late 1980's the Fiscal Disparities Pool had expanded markedly, and projection of that rate of expansion into the future was a real concern to Hennepin County which requested either a decrease in the 400 or a cap on total contributions from a municipality. At the CMAL Annual Meeting in 1995, the delegates voted for a re -study of tax -based sharing. EFFECTS - GOVERNMENTAL UNITS - Without tax base sharing, the tax burden of the unit is equal to the budgeted amount of the unit. - If a municipality is a net contributor, the city or town tax burden will be greater than the budgeted amount. - If a municipality is a net receiver, the city or town tax burden will be less than the budgeted amount. - Other units of government whose tax base is a part of a municipality or is more than one municipality are contributors or receivers according to the total of the underlying municipal area or areas. EFFECTS - INDIVIDUAL PARCELS - Property tax is generally determined by the local tax rate. This is the sum of tax rates of all taxing jurisdicitions in which each parcel is located (city, school district, water management organizations, county, metro agencies, etc.) - For C -I property in the metro area, a portion of the property is taxed at the local tax rate and a portion is taxed at the area -wide rate. (Adapted by 0" from the introduction to a paper for the instruction of new staff by Shelly Eldridge or the Ramsey County Property Tax Department) TA>X--:aSE �HARLTNU DN THE TU'9fl�' C MES J_WREA COUNCIL OF METROPOLITAN AREA QUESTIO S & ANSR'E.RS LEAGUES OF WOMEN VOTERS A verrrZe.- a96 Within every metropolitan area, property of high taxablevalue is not evenly distributed throughout. Hon can such fiscal resources be shared by all governments of the area? (1) By uniting the communities under one government. This is the case with some central cities whose boundaries encompass very large geographic areas. However. in the Twin Cities Metropolitan Area there are seven counties and 190 municipalities, and the two large central cities together occupy just 2% of the Area. (2) By sharing taxes collected by several units of government. Two examples of very limited sharing of taxes exist in Nonh Carolina and in New Jersey. (3) B,, v sharing the tax -lase. rather than taxes. This option is used in the T« -in Cities Metropolitan Area, and so far is unique in the nation. A 1996 Minnesota law introduces its use among several Iron Range cities, to begin with taxes payable in 1998. In Minnesota what is the purpose of tax -base sharing? (1) To provide a iN ay for local governments to share in resources generated by growth throughout the area without removing any resources which local governments already have. (2) To increase the likelihood of orderly urban dei elopment. (3) To establish incentives for all parts of the area to .Rork for growth of the area as a whole. (4) To help communities in different stages of development or redevelopment. (5) To encourage protection of the environ- ment, specifically flood plains, parks and open space. Are there other nays of achieving some of the purposes of the Law? State school aids have been structured to reduce fiscal 'inequities. Other state aids such as local government aid are not so designed. but may tend to have this effect. (Currently. the total of state aids is of much greater magnitude than the net distributions of taxes through tax -base sharing.) In regard to land use. more recent laws are having some impact: the Comprehensive Planning Act. shoreline and wetland ordinances, and more effective tools for use by the Metropolitan Council. These la, -s were enacted, or revised. during the past two decades. However. many people believe they fall short of their intended goals in land use planning. When was the system established? The law- %vas passed in 1971. sun-ived two court challenges and was implemented in 1975. Remarkably few changes have been made in the original law. It is also known as "fiscal disparities". What tax -base is shared? 40% of the growth in the value of commercial -industrial property since 1971 iNithin the boundaries of each municipality. (The overall value. not specific parcels of property.) This includes utilities but not rental property nor agricultural land. Values in tax increment districts set up before August 1979 are excluded. The MSP International Airport is excluded. Because it has no population, it could not receive a distribution under current law. (Airport does not pay school nor city tax.) Why was 40 % chosen as the percentage shared? It was a compromise agreed upon because it allows 601NO of each new development to be retained by each municipal area. not markedly restraining development. Early supporters of the system wanted a higher percentage. What determines how the tax -base is distributed? It is distributed on the basis of a formula that uses estimated market value of property per capita of each municipal area compared to the per capita market value of the total Metro Area. Housing makes up most of the estimated market value in nearly all cities. Thus. population and housing value are the most important elements in distribution. How is property valued for tax purposes in Minnesota? In two ways. (1) Estimated Market Value. The county assessors estimate the value of each parcel of propem-. In 1996 this value in the Aietro Area was $96.691,766.000. School excess le«• referenda use this tax base directly. and it is used in the Distribution from the Tax -Base Pool. (2) Tax Capacity. This is derived from Estimated Market Values by. very simple formulae which give differing «eight to the classes of property in the following order beginning with the lowest: agricultural land. residential homestead.. seasonal recreational housing, rental housing, commercial - industrial and public utility (latter two treated the same). It is used in figuring Contributions to the Pool In tax capacity, the relevant tax -base totals for 1996: Total Metro $ 2.066.201.000 Total Metro C/I 94 1.200.000 Tax -Base Sharing Pool 259.557.603 Who manages tax -base sharing? The Administrative Auditor. currently the Auditor of Anoka County. aided by auditors of the other six metropolitan counties What is the role of the Metropolitan Council in tax -base sharing? It supplies the most recent population figures. and sometimes issues reports. As a taxing entity. it receives its proportional tax distribution. Under a 1995 law the Council also receives a special distribution frons the Pool to finance the ;Metropolitan Linable Communities Fund, available for municipal housing incentives and polluted land clean-up. The Fund's size cannot go over $5 million because it is related to that of the supplemental distribution to Bloonlineton for bond interest on highnay improvements to the Mall of Arllerica (provided by law in 1986). Are there restrictions on the use of the tax money that results from the distribution of tax -capacity? No. with the wo exceptions above. The fiscal disparities s}stem is often reported by gixing "Contribution", "Distribution", and "Net" or the difference betrireen the two. «'hat is the meaning of "Net" in the tat system? It is a handy measure of the changes in tax capacity experienced by the geographic areas of cities and townships. A positive indicates a gain over the original tax capacity: a negative indicates a decrease. Often sum totals arc also reported. ?+,et Transferred (Contributions minus Distributions) among all `.lunicipal Areas 85.129.747 "mon; Counties 43.932.951 Hon does the 4044, translate into a percentage of a city's budget? It dcesn't at all. The percentage going into the pool refers to tax capacity. or tax base. The budUct refers to dollars of income and outgo. sonic of the income beim frons taxes on property-. sonic from other sources. Is it possible to even out the swings in property values by taking an average of. saN. three years? Possible but umlicldy. Sonic adjustments are made bN law for extreme variations in vcn small communities. What would 'be the effect of changing the percentage of post -1971 C -I going into the fiscal disparities pool? Let us say it is increased from 40% to 45%. an increase of 1;8. The amount contributed frons each municipal area would be increased by 1;8. as would the size of the Pool. The result -would be an increase in the effectiveness of tax -base sharing. A lowering of the percentage would work in the opposite lv ay NVhy did Hennepin County in 1991 request a lowering of the 40% - or a call - on its contribuiion? In the early 1990s projections in growth of net transferred from the county shohed increases that could not be sustained However_ due to reductions in property valuation. some through judicial appeals by owners. that projection has not materialized. In addition. 'Minneapolis moved from nct contributor to net recipient. Hoxi ever. the upward trend began again in 1996. and tax rates have risen. How has tax -capacity been shifted? from NAhere? to where? In general from some of the suburbs in the first and second rings to all other areas. In 1996 S41.57S 465 uvas transferred to the central cities and 9 adiacent suburbs This sharing of C-1 tax -base resulted in increases in tax base of 1.174.0 for Minneapolis and 1640 for St. Paul. Other cities. including suburbs. received 538.973.378. and outlying townships $4.177.904. Are there any continuous large contributors or recipients? For contributors. yes. Examples are Bloomington. Edina. 'Maplewood. Eagan. Eden Prairie and Plymouth. There is more variation among recipients pith shifting of position up and down the scale and across ill;- line heline between positive and negative. This is due to chances ill propMy valuation from construction. destruction. inflation. and reevaluation. and chances in population. What would be the effect on tax -base sharin-,, of expanding the Metropolitan Area to include more than seven counties? If a county added were of a ntral nature and had a sizable "conllrutcr" population it -.could b: a nl-t recipient. This «ould cause proportional decreases in distribution amounts nolo going to communities in tllc existing 'Metropolitan Arca. If the county added had considerable commercial -industrial development «ithout significant population gro«11t. the reverse 1lould lk true. What is the location of most of the pre -1971 C-1 tax - capacity? In older municipalities. Ven- lame amounts are Ill Minneapolis and St. Paul. Large amounts are in Bloom- ington and Edina. and sizable amounts aro in Burns ills. EaLaan. Eden Prairie. 'Maplewood. St. Louis Park, Plvnlouth. Rosemount and Roseville. in decreasing order. Oil a per capita basis. prc-1971 tax -capacity is vcr\ high in Rose- mount. about half as high in Edina. then drops but is still considerable in Arden Hills. Golden Valley. Maph- ood. SavaRc. Burnsville. Hopkins. Eden Prairie and Minnca;rolis. St. Paul per capita amount is a little above mid -ranee. Althouall this health is not used in calculating the Contribution to the Pool is plays a role in Distribution. It augments the "Net" transferred away from these municipal areas. Wealth in housing acts in a similar What would be the effect of including pre -1971 C -I tax - capacity in the shared pool? The size of the Pool «ould increase markedly. but the relative contribution from each municipal area N\ould be different than it non is. At tho same tinge the distribution indices based on market N aluc of all tipcs of property and population «ould be unch�nyd Titus. those with relativel-• large pre -1971 C-1 bases would shift from being recipients to contributors. or. if net contributors now. would contribute more. Those N%ith small pre -1971 bases would see increases in net distributions. How are school districts involved? School districts are "winners" and "losers" in tax -base sharing just as are their underlying municipal areas. The fiscal disparities tax is part of the "local tax effort". an.effort must be at a certain level before state school aids are given. Titus the fiscal disparities system first reduces some of the disparity among districts. and school aids move considerably further in that direction. If tax -base sharing did not exist. state aid would have to be higher for the same result. (A stud}• in 1989 showed about $1 million more would be needed. This amount is almost trivial in relation to total state school aids given in the Metropolitan Area.) For municipal areas over 9,000 population what are the percentage changes in total tax -base brought about by the system? It is interesting. but not unexpected. that contributors see less percentage change than do recipients. In 1996 the highest percentage of tax -base given up kv any net contributor was 13.3% htihilc the tax -base of many net recipients increased by amounts ranging up to 27%. Does tax -base sharing succeed in equalizing tax -base among the 2co2raphic areas of the municipalities? It nhoves in that direction. but falls far short of full equalization. The Citizen League reports that in 1996 the ratio bctwechh the highest and lowest tax base per capita before tax -base sharing bras 12 to I and after sharing the ratio was 8 to 1. Among the 54 communities with populations over 9,000 without tax -base sharing the ratio was 4 to 1. and after sharing was 3 to 1. Does tax -base sharing impact tax rates? The House of Representaiit es' Research Department in 199 calculated tax rates that would be needed if tax -base sharing did not exist. Thee found that a ten- few municipal areas would expericncc raises of as much as 5 to 7°'0. a few would have decreases of about the same level. and all others would have snhallcr changes. CM.0 has compared municipalities within each counts and learned that the taxes of net contributors on average are lower than net recipients'. This is because the net contributors still retain a ]belt tax base. The level of taxation. of course. has nhanv. man variables. THE MECHANICS OF THE SYSTEM (Sonne technicalities%r those ii -ho are inier•esiecl) Hos` does it work? Contributions are made to a "Pool" from the geographic arca of even- nhunicipality. and distributions are assigned to such municipal areas. The systcnh exists only on paper until the arcawidc tax on a part of each parcel of C-1 property is collected. This money is remitted to each taxing entity - cities. townships. schools districts. watershed districts/organizations. housing or development organizations. counties. metro agencies and other units - all of which oVerlar portions or all of the geographic areas of specific municipalities. Part I. Contribution of tax -base. First. the tax value. or tax capacity. of commercial -industrial property which is located within the boundaries each city or township is totaled. Front this tiro things are subtracted. (1) the tax capacity existing in 1971 and (2) the tax capacity of tax - increment districts set up before 1979 which continue in existence (some have expired). Of the remainder. 40% is placed in the Fiscal Disparities Pool. C -I equal to this value will be taxed at a uniform Areawide Tax Rate. Of the total metropolitan C-1 tax capacity «hat percent goes into the Pool'' In recent years it has been in the range of 26 to 301/b. It can't be 40% because of the exemptions that are subtracted first. Part II. Distribution of tax -base from the Pool to the geographic area of each city or township. The formula uses all v,s of property. not just C -I. Per Capita Equalized >\4arket Value of IIIc Metro Area Per Capita Equalized Markct Value in the City!?own Arca TINTS the Population of City/Town This yields a "Distribution Index" for each civ, or town. Note: .More lutir cost housing (lower per capita 11oUsiltvl Value) increases the Distribution Index, OHd nxWe hrxin•t housin, (higher per capita housing value) decre a � c it. All Distribution Indices are added up for the 'Metropolitan Area and a Percentage of the «hole is found for each cite or township. This percentage determines the tax capacity which is distributed to, that is. assigned to. the geographic area of each cite or township. Percentage TtmEs Pool = Distribution Tax Capacity Part III. Plans for the distribution of taxes among all taxing entities. For each Citi- or Township calculate - Distribution Tax Cap. x Tax Rate = Distribution Lev.% (ofI3_'L Near) This calculation is done for even- taxing enol superimposed on the municipal arca according to the various percentages of overlap. These Distribution Levies will be used to "dive up" the Areawide Tax among all units of government. First. a grand total of all Distribution LeN ies is reached. and this is the Areawide LcN-%-. Part Al. The Areawide Tax. This formula is used. Areawide Levv Areawidc Tax Base (the Pool) = Areawide Tax Ratc Notice that if local govcrnments levy more in tot;ll. the Areawide Tax Rate goes up. It also goes up if the Pool decreases in size through decreased valuations as it did for several years after 1992. Even though different years are involved. this tax rate is a kind of weighted a.-erage of all tax rates in the Area. In 1959 it was 99.5.46: in 1996 it had increased to 141.441. Part V. Local Tax Rates. In imposing taxes how can cities, school districts, counties, and other taring districts take into account the effect of tax -base sharing? When a taxing jurisdiction officially certifies its levy to the count} auditor (the amount it -Mll need from taxes). it does not distinguish how much iNill be derived from the Fiscal Disparities Pool and how much from the 'local tax". However. as early each fall as possible. fiscal administrators notify all jurisdictions of their tax -base contribution and distribution amounts so that they will understand what portion of their le%il has to be raised locally. The county auditor calculates the tax rates of each jurisdiction. To prepare for sending out tax statements. the count -s' auditors now divide the value of each parcel of C -I property into two parts. The smallest part is taxed at the area«ide rate. the other portion at the several local tax rates. On the tax statements for C-1 property a line item appears labeled "Fiscal Disparities". as N ell as lines for each of the major taxing entities and a line for all others combined. Taxes. are collected by the count}, treasurers «ho remit tax money to each taxing entity. including the share each is entitled to receive from the fiscal disparities s- stem. Part V. Settlement among counties. After all is completed. some counties will have distributed less to their taxing entities than they received from the Area«ide Tax on C -I property in their count}: others the reverse. A balance is reached among the counties by checks received from or sent to the Administrative Auditor. In recent years Hennepin and Dakota Counties have distributed less to their taxing entities than their fiscal disparities tax receipts. and the other fine counties have been in the reverse situation. Ramsey Counn- is the largest net recipient. Anoka Count' next largest. TAX BASE SHAUNG - 1996 Tax Capacity in the Pool 259._557.603 Trines Areawide Tax Rate x 1.441 Equals Total FD Distribution Tax = 367.121.624 Taxes Distributed To Counties S 94.949.433 To Schools 177.551.665 To Municipalities 71.476.847 To all others ?3_113_ 01? Total 367.121.624 co o 2 Sir t�0 a c ?= -o U a � cv a �_ u l= W W O U = Vl 'C W co � v Z O cZ o N t a = = c t v ¢ 0 W LLL tY eo H $ v �W-. G r N .= C. C '8 Y Wa .c R i� -- O 81 C7 �• � = i CX o L. J.1 — .00 = tir W o .1 c i t- R L V t,0 d p L1 -Wv Z o O d o Do U �^ rJ cvn C/1 Q a -v �- er = o v cc c � ? CV d i d Cdo N o o v -� �- 67 -feJ, CJ :r4� vev v rJ o �� UCI►C- cd v m o o` W 3 .*-- APPENDIX:B Burnsville jLct Diff Tax Rate 119.9 0- FISCAL DISPARITIES DATA : Y.COIti� UNTITY* FOR TAXES PAYABLE LN 1995 Tax on $100,000 home $1,535 $1,638 6.7% Fiscal Disparities Tax Base Value Tax Base Value 3.9% Taxes Pavable in 1995 Per Household in 1993 Contrib. Distrib. Net Distrib. Cont. Dist. Net Dist. County City or Township Dakota Apple Valley 2,359,414 3,610,595 1,251,181 189 289 100 Burnsville 10,953,333 4,670,562 (6,282,771) 547 233 (3) 14) Castle Rock township 53,257 116,995 63,738 111 243 13: Coates 20,836 19,718 (1,118) 316 299 (17) Douglas township 6,833 43,079 36,246 34 213 179 Eagan 10,815,503 4,367,234 (6,448,269) 554 224 (330) Empire township 38,593 116,808 78,215 86 260 174 Eureka township 34,484 99,147 64,663 73 209 136 Farmington 252,569 779,346 526,777 110 341 230 Greenvale township 17,400 3 8, 03 3 20,633 80 175 95 Hampton 12,297 49,527 37,230 98 396 293 Hampton township 12,761 61,488 45,727 47 227 180 Hastings (inc. Wash. Co. part) 1,035,826 1,984,903 949,077 181 347 166 Inver Grove Heights 2,565,322 2,601,744 36,422 299 304 4 ; Lakeville 2,459,350 2,948,619 459,269 257 309 51 Lily°dale 83;618 22,988 (60;630) 285 78 (207) Marshan township 91,497 88,400 (3,097) 235 227 (3) Mendota 14,676 15,950 1,304 21.0 229 19 iviendotaHeights 1,68=,427 576,566 (I,107,861) 449 ]51 (295) i liesville 13,69S 11,961 (1,737) 291 25; (3) 7) Nev.! Trier 1,522 15,886 14,364 51 5=0 479 Ninineer township 4,770 61,488 56,718 19 2.17 228 . Randolph 7,121 54,293 47,172 64 485 421 Randclrh township 26,560 33,174 6,614 154 192 38 Ravenna township 17,802 210,516 193,014 29 34 i 31 S Rosemount 1,483,718 966,520 (522,195) 43S 285 (15.1) Sciota to«nship 2,052 16,167 14,115 22 176 153 South St. Paul 44,633 2,575,766 2,531,083 6 322 316 Vermillion 10,000 63,825 53,825 63 404 341 Vermillion township 37,290 93,260 55,970 1 100 250 150 Waterford township -0,757 32,426 1;669 164 172 9 Nest St. Paul 1,862,581 2,073,303 210,722 a 219 244 25 Dakota County 36.037.960 25.419.962 (7.617,995) COMPARING BUSINESS TAXES IN NEIGHBORING CITIES Eagan Burnsville jLct Diff Tax Rate 119.9 128.0 Tax on $100,000 home $1,535 $1,638 6.7% Tax on $500,000 business $26,848 $27,902 3.9% Larcyest Net Largest Net Recipients Recipients Per Household St. Paul $21,632,542 Landfall 51,916 Minneapolis 7,315,749 New Trier 479 Coon Rapids 3,281,469 Randolph 421 Richfield 2,780,384 Rockford (Henn. Co. pt) 387 South St. Paul 2,531,083 Hilltop 386 Crystal 1,919,464 Watertown 371 Champlin 1,909,198 Jordan 359 Cottage Grove 1,820,000 Belle Plaine 347 Columbia Heights 1,793,162 Vermillion 341 Brooklyn Park 1,648,533 Hamburg 338 Largest Net La best Net Contributors Contributors Per Household Bloomington (517,069,309) Rogers (51,462) Eden Prairie (7,344,533) Bayport (603) Eagan (6,448,269) Gem Lake (501) Burnsville (6,282,771) Wayzata (497) Minnetonka (6,231,995) Bloomington (486) Edina (5,827,441) Eden Prairie (468) Roseville (5,129,523) Arden Hills (466) Plymouth (4,577,560) Medina (423) Maplewood (3,483,731) Oak Park Heights (377) Fridley (2,118,953) Roseville 375 * For net recipients per household list excludes Ft. SnellenO,. Sources: Minnesota Department of Revenue and Metropolitan Council, Page 4 of "Tax -Base Sharing in the Twin Cities Metropolitan Area -- Taxes Payable in 1995", from the Metropolitan council