04/15/1997 - City Council RegularAGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
APRIL 1S, 1997
6:30 P.M.
1. ROLL CALL at PLEDGE OF ALLEGIANCE
11. ADOPT AGENDA a APPROVAL OF MINUTES (BLUE)
111. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
IV. DEPARTMENT HEAD BUSINESS (BLUE)
A. RECOGNITION of Tree Gty U.S.A. ten-year award
V. CONSENT AGENDA (PINK)
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PERSONNEL ITEMS
APPROVE D.A.R.E at Police Liaison Services Agreement: School District No. 196 and Gty of Eagan
APPROVE an ordinance adopting and enacting the new City Code
DIRECT the City Attorney's office to prepare a new tobacco ordinance to be in compliance with FDA
regulations
APPROVE resolution authorizing the issuance and sale of $1,000,000 Industrial Development Revenue Bonds,
Series 1997 -Master Mechanical, Inc.
PROCLAMATION,.pbserving May 4 -May 11 as the 1997 Days of Remembrance in association with the
Holocaust Memoa n`1 Museum
FINAL SUPDIVISION - Tri -Land for Lexington Pointe Twelfth Addition
ADOPT risoludon MVTA's revised Bylaws and Joint Powers Agreement
FINAL SUBDIVISION - Springbrook Corp. for Wessel Pond Addition
AUTHORIZATION to conduct excluded bingo at the Fourth of July celebration, Valley Viewers 4-H Club
.#.'ROVE resolution designating Municipal State Aid Street (Wescott HIVs Drive)
PROJECT 695, approve County cost p,:�xicipatlon ax maintenance agreements.for.roadway at signal
improvements (Yankee Doodle Road)
CONTRACT 95-12, approve change order # I (Deerwood Reservoir)
VACATE drainage at utility easement, receive peddon/order public hearing (Oudots C St; D, Lone Oak Add.)
EXTENSION of Preliminary Planned Development & Preliminary Subdivision for OCB Realty Co. (Eaganwoods
Office Park 2nd Add.)
1
44P. FINAL SUBDIVISION at FINAL PLANNED DEVELOPMENT - Gopher Eagan Industrial Park 3rd Add.
P•(Resource Plastics)
1 cOgQ. RESIGNATION, APRNRC
• R. CONTRACT 93-V, acknowledge completion/authorize City maintenance (Hawthorne Woods 3rd Add. -
Streets a Utilities)
S. AMEND development contract - Eagandale Corporate Center 1 ss Add.
T. APPROVE contract - Sentence to Serve - Dakota County
U. APPROVE school maintenance agreement, Dakota Hills Middle School
V. RECOMMENDATION, Airport Relations Commission, comments to Federal Interagency Committee on
Aviation. Noise, Public Forum - May 13, 1997
P W. APPROVE Arbor Day Resolution
X. FINAL PLAT - Eagandale Center Industrial Park No. 14 (Homestead Village)
q"'?f
VI. 7:00 - PUBLIC HEARINGS (SALMON)
vA. PROJECT 707, TH 149 & Lone Oak Parkway (Signalizadon)
Or B. PROJECT 712, Surrey Heights (Streedights)
C. PROJECT 715, Heine Strasse (Street Resurfacing)
D. PROJECT 714, Donald Avenue (Street Overlay)
VII. OLD BUSINESS (ORCHID)
P. (I I A. RECONSIDERATION of denial - D.R. Horton Co. for Gardenwood Ponds 3rd Addition
Vj NEW BUSINESS (TAN)
�( A. BLOCK PARTY street closure request - Dunberry Circle
60B. AMENDMENT to the Eagan Gty Code Chapter 4, "Construction Licensing, Permits and Regulation, Including
• Signs, Excavations and Mobile Home Parks" by deleting Section 4.50 "Placement, Erection and Maintenance
i of Wind Energy Conversion Systems and Radio or T.V. Towers" and amending Chapter 11, "Land Use
Regulations (Zoning)" by adding Section 11. 10, Subdivision 30, regarding regulations of "Antennae, Towers,
Satellite Dishes and Wind Energy Conversion Systems"
C. PRELIMINARY SUBDIVISION - Roseville Properties (Eagan Business Commons) consisting of 26 acres and
four lots and a VARIANCE to allow a setback less than 100' from a property zoned Public Facilities located at
the northwest corner of Lone Oak Road and State Highway 149 In the SW 'A of Section 2
�. TIF DEVELOPMENT AGREEMENT, Roseville Properties, Northwest Eagan Redevelopment Tax Increment
Financing District, Eagan Business Commons
JOINT POWERS AGREEMENT Dakota County HRA, Northeast Eagan Redevelopment Tax Increment
/ Financing District, Acquisition and Relocation Services
F. CONSIDERATION of Ordinance No. 205 - off-street parking
�IX.[ f LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
r X. ADMINISTRATIVE AGENDA (GREEN)
XI. VISITORS TO BE HEARD (for those persons not on agenda)
X11. ADJOURNMENT
XIII. EXECUTIVE SESSION
The City of Eagan 6 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.
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
.....:Eagan, Minnesota
April 1, 1997
A regular meeting of the Eagan Clty. Council was held on Tuesday, April 1, 1997 at 6:30 p.m. at the
Eagan Municipal Center. Present were: ::f '': IE goii#. �i d; c.4ncilmembers Wachter, Awada, Masin and
Blomquist. Also present were City Admini"stt tit:.�4M43.Wgig; :5i3nior Planner Mike Ridley, Director of Public
Works Tom Colbert, and City Attorney Jim:.$heldon.
ftGENDA
City Administrator Hedges noted that New Business, Item A, should be pulled and moved to the
consent agenda and continued to the May 6, 1997 City Council meeting.
Councilmember Masin moved,
presented. Aye: 4 Nay: 0
Councilmember Awada joined
MINUTES
Councilmember Awada me
minutes as presented. Aye: 5 Nay:
Wachter seconded a motion to adopt the agenda as
1997 REGULAR MEETING
seconded a motion to approve the
MINUTES OF THE MARCH 17,1997 SPECIAL MEETING
Councilmember Blomquist requested that on page 6, the first sentence in the fourth paragraph
should read, "Councilmember Blomquist indicated that she,: -had .contacted Jennifer Sayre of Northwest
Airlines who would be willing to present Northwest's:tleirt;:plaitrning to the Commission as one means of
providing information on industry trends".
Councilmember Awada said t6afl should be:::noted under the 1997 Communications Work
Program/Wallace Group that she also joined:th.*Meeting.
Councilmember Awada moved, Councilmemf e`:.Wa seconded a motion to approve the minutes
as amended. Aye: 5 Nay: 0
QEPARTMENT HEAD BUSINESS
PARKS AND RECREATION DEPARTMENT - DIRECTION CONCERNING
ELECTRICAL GENERATOR, MUNICIPAL CENTER CAMPUS
City Administrator Hedges provided: :oi view;bi : %iir:item. Director of Parks and Recreation Vraa
provided additional information. Councifr er:rbier VFlal;the generator the City currently has could
be utilized at the Water Treatment Plant:;: Vraa f t Eked that it would be possible and suggested that
perhaps the generator could be used at a lift station. 'Councilmember Wachter questioned the cost to operate
the genset unit and for what length of tirt the cost•wswld need to be incurred. Vraa stated that the cost of
operation would be for the entire lengthgrpj�#:::?Councilmember Awada suggested Alternate No. 1 be
explored further which would involve hitit Q*: :fie al;:�igst—er through Dakota Energy Alternatives to
thoroughly review the options and provitlis`a-:&st:$tialysis; :Viia said that with Aitemative No. 1 the cost
incurred to hire an electrical engineer would be considered part of the project cost and would be absorbed by
DEA. He further said the City has three options available if they decide to obtain this generator. He noted
that the equipment could be bought by the City, leased from DEA or DEA could own the equipment.
Councilmember Awada asked that, wixh:.ft.:p4ssible deregulation, would the City be locked in with
one particular electric company and requesW t}3�t:$l*f ro We an answer when this item comes back to the
City Council. Councilmember Blomquist;:Wd1 at "slta::old like to see a pay back plan analysis.
Councilmember Wachter asked if it would.*6e:feasible to util&6:6s generator at other municipal sites such as
the Water Treatment Plant. Vraa indic9tedhthat it would noVbb feasible for the Water Treatment Plant to
utilize the generator because it is on anoft.. service line.
EAGAN CITY COUNCIL METING MINUTES; APRIL 1, 1997
PAGE 2
Councilmember Wachter moved, '6ouncilmember Masin seconded a motion to provide direction to
staff to hire an electrical engineer through::.DakbfO::};-..' r '..':A t?aimatives with reference to a pay back plan
analysis regarding acquisition of an electit:geliio!0K:1::t4::P.tovide direction to the City Administrator to
prepare a budget for a planner/architect tq:.review the Municipal Center site for expansion possibilities for
parking expansion, a pool and other facilites: Aye: 5 Nay: 0
Councilmember Masin thanked the- local newspapers for articles they have written regarding the
Fourth of July celebration. City Administrator Hedges noted that the Administration Office has not received
any calls from the public expressing an interest in contributing to the cost of the event. He said that a
meeting was held today regarding the details of the Fourth of July fireworks celebration. He further said that
the neighborhood will be notified of the. gvent. Mayor Egan commented that Ann Carlon of the Eagan
Convention and Visitors Bureau had indii*ted that some businesses have come forward to contribute to the
cost of the fireworks. Police Chief Geagi�:stated tf;2ct:the letters contacting local businesses were expected
to be sent out today. He said that some residential interest has been expressed in contributing to the cost as
well.
Councilmember Masin asked abOW:#ki0*:(*Mttal.:park:site:and if the direction provided by the Council
was specific enough and whether any priiiig gs::#i s::f :Tnpo. Councilmember Wachter stated that he
toured the site targeted for the swimming pool with"Cee •f' bikell, of the Advisory Parks, Recreation and
Natural Resources Commission and City Administrator Hedges and he was amazed at the amount of level
land. He said there would be a lot of space for parking. He suggested that a consultant be hired to evaluate
what is feasible for the site. Councilmember Blomquist questioned if the amphitheater could also be built on
the site. Mayor Egan noted that the architect who has been working on the central park site design has been
doing so voluntarily and at some point will need to be paid for his -services.
Councilmember Masin noted that on April•:1:trA>h fo 8:30 p.m. there will be a Teen Forum held
at City Hall which will give teens the oppcF# *--'ia: * 'U";;s: issues or ideas they have. She said that teens
can contact the Park Department or her:i€:#taejr are intereited in attending. She further said that the letters
will also be sent out.
Councilmember Blomquist said that with**re-ii # 6:iiik::Qentral park site more time should be devoted
to investigating possible sites with all facilities at one central::1666tion. Mayor Egan requested that a budget
for hiring a consultant be presented to the City Council as welf as citing other alternatives. Councilmember
Blomquist said that the public should be informed before the Council goes too far with the process.
Councilmember Wachter noted that there might be space on the site for an amphitheater.
Direction was provided to the City Administrator to prepare a budget for a planner/architect to review
the Municipal Center site for expansion possibilities for parking expansion, a pool and other facilities.
In regard to Item C, Contract 9!�U A rove`' tans/authorize ad for bids Cliff Rd. Water Treatment
Plant - Standby Generator). Councils er Wachter asked if the generator being used at the Police
Department building could be utilizedat::>e .hlas ;7reatment Plant. Director of Public Works Colbert
explained that the generator at the Police::�trr[ri:;3ii:Whave enough kilowatts to be suitable at this
location.
In regard to Item D, Contract 95-16. Aoorove change order #2 (Well #18). Councilmember Blomquist
asked why the contractor was willing to accept a deduct in the amount of $3,250. Director of Public Works
Colbert explained that the contractor was unable to meet the contract completion date due to unforeseen
circumstances and was willing to agree to aceept:fti;iee#tx, for that reason.
In regard to Item K, Tobacco/C a Sales'U e - Jensen's Suppe r Club Councilmember
Wachter noted that he would be voting agOihst this item.
In regard to Item M, On -Sale D�6or License - D F*4.- R Operating, Inc. dba Don Pablo's 1280
Promenade Place, Councilmember Wacl #e.:s l;he:.wss:vpnWAed that there are only three liquor licenses
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 3
available to be granted. He questioned:91":::K. was still the philosophy of the City Council to reserve some
licenses and choose which establishmerifs they should be granted to. Mayor Egan said that it had been
decided by the Council that the licenses wQ4ild; t :yr= teid:cl ;�t.�irst-come first -serve basis. Councilmember
Wachter added that the Council should noC ratj :i311: 1°re:Iip m �eQ0 the establishments in the Promenade.
A. Personnel Items
Item 1. It was recommended to approve the hiring of Kaden Johannes as a Patrol Officer in the Eagan Police
Department.
Item 2. It was recommended to approve the. hiring of Minh Le as a seasonal Engineering lntem in the Streets
Division.
Item 3. It was recommended to appraj::the hir>tgof Dave Jungers as a seasonal Park Maintenance
Worker.
Item 4. It was recommended to approvO:.' tis;:�ioi3g:tf:tAgrthla::B.i4yck, Rachel Collingham, Meghan Doherty,
Jake Groff, Shannon Haugh, Katie Jorget� 66:'J llj...Ktig3 ;; Smiler, and Stephanie Zeitz as seasonal
part-time Recreation Leaders and Jill Andrew, Christie Mason and Jillian Wagner as seasonal part-time
Recreation Assistants.
Item 5. It was recommended to approve the hiring of Sonya Rippe as a seasonal Summer Program
Assistant.
B. Conditional Use Permits - Dart_ Transit. outdoor.•Stdi�,g,�::of trucks - continued indefinitely. It was
recommended to approve a continuation an indeie:csrSi�ration of Conditional Use Permits requested by
Dart Transit on property located west of T-X::-14:9`T.H. 55 in the NW 114 of Section 12.
C. Contract 97-04, Approve plans/authoriz ::
Generator). It was recommended to approve'
Water Treatment Plant - Standy Generator) and
10:30 a.m., Friday, April 25, 1997.
Rd. Water Treatment Plant_ - Standby
:ifications for Contract 97-04 (Cliff Road
rtisement for a bid opening to be held at
D. Contract 95-16. Approve chance order #2 (Well #181. It was recommended to approve Change Order #3
for Contract 95-16 (Well #18) and authorize the Mayor and City Clerk to execute all related documents.
E. Contract 95-16, Approve final payment (Well #18). It was recommended to approve the 9th and final
payment for Contract 95-16 (Well #18) in thawMint of.$4 ,R4 :45 to Keys Well Drilling Company, Inc. and
accept the improvements for perpetual Cit:itiihtersi3nc;::::::;::
F. Contract 95 -BBB, Acknowledge
Utilities). It was recommended to
Addition - Utilities) and authorize pe
G. Request for
schedule a publi
property tax rolls.
of Contract 95 -BBB (Oak Pointe of Eagan 1st
subject to warranty provisions.
It was recommended to
delinquent utilities to the
H. Final Planned Develo ment and Final Subdivision - Fortune Realty for Safari At Eagan 3rd Addition. It
was recommended to approve a Final Subdivist4n:t&.:$afad At Eagan 3rd Addition for 3 lots on 7.7 acres,
located west of Thomas Center Drive and rxx#( a�f:Ciii 9600: the SW 1/4 of Section 28 and to approve the
Preliminary and Final Planned Developme�i>: .9afari AtVegett.3rd Addition for 3 lots for the development of
a theater/restaurant and two office building5;:abcated west of ftmas Center Drive, north of Cliff Road in the
SW 1/4 of Section 28.
I.
we
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 4
Promenade (The Shoppes) to allow minoi :piAlding size and materials modifications.
J. Addition to the Fee Schedule. It was ctii...... tEv itr jre an addition to the City's Fee Schedule to
establish a Final Plat fee.
K. Tobacco/Ci arette Sales License - Ji3r- n's SUDrxer Club. It was recommended to approve a tobacco
and cigarette sales license for Jensen's:: upper Club for over-the-counter sales of tobacco products.
(Councilmember Wachter voted against this item.)
L. Exemption from gambling license - Northem Dakota County Chamber of Commerce. It was
recommended to approve a resolution exempting the Northern Dakota County Chamber of Commerce from
the lawful gambling license requirement for -raffle activities to be held at Blue Cross & Blue Shield, 3535 Blue
Cross Road on June 29, 1997.
M. On -Sale Li uor License - D F & R bratin ::Jiic. dba Don Pablo's. 1280 Promenade Place. It was
recommended to approve an on -sale lici:Ubr license :Tor D F & R Operating, Inc. dba Don Pablo's, 1280
Promenade Place as presented.
N. Off -Sale Li uor License of B eri 's InC: (IhfQ-:::: iorfal'btil
O. Adopt Child Protection Polio It was recommended to adopt a child protection policy for the City of
Eagan.
P. Final Planned Development. Power System
was recommended to approve the Final Plann
the phased construction of a 90,000 SF office t
located at 1345 Corporate Center Curve i;tla;3
0. Ordinance Amendment, City Code Che
Private Uses of Public Rights of Way. (This
May 6, 1997 City Council meeting.)
NIS i, taganoaie Umce Park 2nd Addition It
R.4or Power Systems Research, Inc. to allow
,'Block 1, Eagandale Office Park 2nd Addition
)n3.
New Business, Item A and continued to the
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the consent
agenda. Aye: 5 Nay: 0
PUBLIC HEARINGS
VACATE DRAINAGE & u33L EASEM�M�`:�- LOTS 1 & 2, BLOCK 1,
EAGAPf 3 :C 5N.TI ''Ji PARK#9
City Administrator Hedges providg'an overii," on this item. Director of Public Works Colbert gave
a staff report. Mayor Egan opened the public hearing.to anyone wishing to speak. There being no one, he
turned the discussion back to the CounclE::::::
Councilmember Wachter moved-:Q-ftlrze:Iifl seconded to close the public hearing and
approve the vacation of drainage and utility..easements as'de�dHbed affecting Lots 1 & 2, Block 1, Eagandale
Center Industrial Park #9 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5
Nay: 0
VACATE DRAINAGE & UTILITY
City Administrator Hedges prov
a staff report. Mayor Egan opened the
turned the discussion back to the Counc
i overview
hearing to
MENT - LOTS 1-13, BLOCK 3 & 4,
6R.IND. PARK 94
Rem. Director of Public Works Colbert gave
wishing to speak. There being no one, he
Councilmember Blomquist mov6ci*- Gouncilmerpber•:Ma�n seconded to close the public hearing and
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 5
approve the vacation of drainage and u8lit�': easements as described affecting Lots 1-13, Blocks 3 & 4,
Eagandale Center Industrial Park #4 and authorize the Mayor and City Clerk to execute all related
documents. Aye: 5 Nay: 0
VACATE DRAINAGE & UTILITY'EASEMENT - OUTLOT A,
EAGAN METRO CENTER 2ND ADDITION
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave
a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council.
Councilmember Blomquist moves, Councilmember Wachter seconded to close the public hearing
and approve the vacation of drainage ai dAitility easements as described affecting Outlot A, Eagan Metro
Center 2nd Addition and authorize the Majiq and City :Clerk to execute all related documents. Aye: 5 Nay:
0
VACATE DRAINAGE1'UTILITY:E'ASEMENT - LOTS 1, BLOCK 1,
EAGA".*M ftRA0 -2ND-ADDITION
City Administrator Hedges provided an overviev '6i6 this Hem. Director of Public Works Colbert gave
a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council.
Councilmember Blomquist moved, Councilmember Wachter seconded to close the public hearing
and approve the vacation of drainage and utility easements.as;:clescribed affecting Lot 1, Block 1, Eagan
Promenade 2nd Addition and authorize the Mayor and:Cit3!: la**:to execute all related documents. Aye: 5
Nay: 0
PROJECT 692, OW'VklkY HMS' -:(STREETS & UTILITIES)
City Administrator Hedges provided'�a :'Q'v$cvibw.on this item. Director of Public Works Colbert gave
a staff report. Mark Hanson, Bonestroo, Roseri2;:*:A 4ei`III�::&:.Associates, discussed the location of the
proposed project, the sanitary sewer and watermain ''fcri iort: and costs, storm sewer improvements,
proposed assessments, street project costs and assessments:'and the overall total cost of the project.
Mayor Egan opened the public hearing to anyone wishing to speak.
Al Block, representing Town & Country Homes, stated that money has beer+, escrowed for the
assessments and they are looking forward to the project moving ahead.
John Donnelly, representing D'rffley. L d.Liability-1 any, said that they own parcel 011-57 and
013-57 and they are not sure if parcel 01in relation to the proposed assessment.
He stated it will be difficult to build on thaf:*fi el of Writi;: fie added that they were not involved in the putting
together this project and agreed to it on a:#61immary-1 sis. He further added that when the actual meetings
took place with Town & County Homes aW..BonestroQ Associates they were not involved. He said they will
raise their concern with the assessment Vit. a asses5i#ient hearing.
Mr. Block noted that their
of the property line.
to place the sanitary sewer on their side
Roger Slater stated that he prefers the sanitary sewer be located to the right of the property line
along parcel 017-50 or along the northern property line. Director of Public Works Colbert said that there are
three options available for acquiring the easemont:alad:the location will be determined based on the least
resistance.
There being no one else wishing:104peak, Mayor *Kgetl turned the discussion back to the Council.
Councilmember Blomquist questioned hdW:buildable parcel 0t'-.57 is. Colbert indicated it would be best to
combine that parcel with another one::.•He added that the;•benefit will be evaluated prior to the final
assessment. Councilmember Blomquist:r 010d that all the frontMe must be taken into consideration.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 6
Councilmember Wachter moved;:Ci�uncilmember Awada seconded to close the public hearing and
approve Project 692 (Old Sibley Highway'- Streets & Utilities), authorize the preparation of detailed plans and
specifications and acquisition of easements3rough:Qpgdwnab=. Aye: 5 Nay: 0
PROJECT 713, DENMARK, KOLSTAb 1't1#6l=Rt'WORE (STREET REHABILITATION)
City Administrator Hedges provid�.an overview on this item. Director of Public Works Colbert gave
a staff report. Tom Sohrweide, Short, 811ott, Hendrickson, discussed the scope of the proposed project,
costs, assessments and the project schedule. Mayor Egan opened the public hearing to anyone wishing to
speak.
Jerry McCullen, 1168 Timbershore Lane, said that the assessment appears to be high for the four-
plex townhomes in comparison to a singl..0- family home since the street frontages are about the same.
Director of Public Works Colbert explain&:.1he assesstmment policy and stated that it is difficult to develop an
assessment policy that addresses each unwe situ; t' on.
Ken Stangenes, 3744 Denmark Avenue, ndted that he feels it is a good idea to upgrade Denmark.
He questioned if the general public contrj utes.to.:the, assessmer)t since this is a collector road. Director of
Public Works Colbert stated that 75% of hf:ls.:l:#ng: paid for by the City out of the major street
fund, which receives revenue from the gas'fait','6tM&'iid'stf4et''f6hds and general property taxes.
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
He said that the City Council appreciates the public's attendance at the informational meeting as well as
tonight's Council meeting. He acknowledged letters that were received from some residents. He noted that
the City is paying for a significant portion of the project. Discission occurred as to whether it would be
appropriate to obtain appraisals. It was determined that.ii.wpi}!&hot be appropriate for this project since the
assessments per lot is less than $2,500 and having;:ati;::ippraisal done would increase the cost of the
proposed assessment.
Councilmember Wachter refereh'66d,-one of th KOtters submitted by a resident and stated that
solutions are being sought to reduce the illilt>6i;:b#::trips per day by garbage trucks through residential
neighborhoods. Director of Public Works Colbert ttY0Vditbd:#W at the informational meeting residents were
encouraged to collectively choose a designated hauler whi`K- xi ' * result in a more competitive bid and also
would reduce the number of garbage trucks in their neighborli .. .
Councilmember Wachter moved, Councilmember Awada seconded to close the public hearing and
approve Project 713 (Denmark Avenue, Court & Trail; Kolstad Lane, Road; and Timbershore Lane - Street
Rehabilitation) and, if approved, authorize the preparation of detailed plans and specifications. Aye: 5 Nay:
0
AMENDMENT: i:?C PI p�S>r k TRAILS PLAN
Director of Public Works Colbkj� (ovided ari':pverview on this item. Councilmember Awada asked if
the developer who owns the property north..of North Wood Drive is considering developing the site for multi-
family use. Senior Planner Ridley said th*.'there art�:ho definite plans for development yet. Councilmember
Awada said that it should be suggested tdevelet 'f..ttq}ytfte.City is in need of more office space.
Mayor Egan opened the public hearing to any'o'66'livistiirig to speak. There being no one, he turned
the discussion back to the Council.
Councilmember Awada moved, Councilmember Wachter seconded a motion close the public
hearing and approve the amendment to the Master Traits Plan which includes a trails/sidewalk on Denmark
Drive from Lone Oak Road to North Wood 0
its BUS*00:::.
ADOPTION OF.:F..ERTILIZER CONTROL ORDINANCE
City Administrator Hedges provid>Yd:;arr•Rn::... item. Councilmember Blomquist raised
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 7
questions about some of the wording in thO �ioposed ordinance. She said she supports an ordinance of this
type but feels it doesn't do enough and is a selective ordinance.
Councilmember Wachter not€:.. o f :a - ltom a resident who commented that this is
more governmental control. Councilmember. Vliachter said :thaf the City is spending a lot of taxpayer dollars
to clean up the lakes. He further added itrC:this is the first step in trying to control the runoff of fertilizer into
the lakes.
Councilmember Awada asked about the survey that was conducted of fertilizer applicators in the City
of Eagan and what type of fertilizer they were using. Rich Brasch, Water Resource Coordinator, stated that
five of the seven surveyed were using a fertilizer with phosphorous content of 3% or less and two of the
companies were above that amount. Cotunciimember Awada said that typically larger companies use only
phosphate that contains 3% or less phi gphorous .pgntent. She further said she would not support this
ordinance because it is selective.
Water Resource Coordinator Borsch expled the reason for not allowing fertilizer applications
when the ground is frozen and that the deies of November 15 through April 1 are used as guidelines. He
noted that the dates could be eliminated arta-ft.-wbr0ing-!%v?er?:ft ground is frozen" could be retained.
Councilmember Masin said that a lof of time hiss been"spent on trying to draft an ordinance and that
this is one step toward making the strides the Council wanted to achieve. Mayor Egan commented that this
is an essential first step and he supported the ordinance.
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve an
ordinance amendment requiring the licensure of commercial turi;fertilizer applicators and to set a license fee.
Aye: 3 Nay: 2 (Councilmembers Blomquist and Awada.-QP.' )
APPOINTMENT TO BURNSVAfsl�`C4tCOMMUNICATIONS COMMISSION
City Administrator Hedges provided, an::overview'dh this item. He explained the ballot system used
by the Council to appoint commission
By ballot, Jerry Sowells was appointed as a meii�bef-:d :the Burnsville/Eagan Telecommunications
Commission to fill the remainder of a one-year alternate term to expire on December 31, 1997.
NEW BUSINESS
ORDINANCE AMENDMENT, CITY CODE CHAPTER 7, STREETS AND SIDEWALKS,
PERTAINING TO THE MANAGEMENT•OF PRIVATE USES OF PUBLIC RIGHTS OF WAY
This item was pulled from New#i. j BySir�ess r v"tdlhe Consent Agenda, Item Q, and continued
to the May 6, 1997 City Council meeting.:;
PLANNED DEVELOF!MENT AMENDMENT - NORWEST BANK MN
City Administrator Hedges providiw::this item. Senior Planner Ridley gave a staff
report.
Jeff Pflipsen, the applicant's architect, requested that the additional parking stalls they were
proposing to add be nine feet in width instead of ten. He said that all the existing stalls would be ten feet
wide. Councilmember Masin stated that the Advisory Planning Commission's recommendation to maintain
the customer parking stalls at ten feet and the emproyee parking stalls at nine feet should be followed. Mr.
Pflipsen explained the proposed parking lot they are over in the requirement for customer
parking. He added that not all their employeea:k'ai ttie:ne time and they do not want to designate the
additional stalls for employee parking only 5ike this would"&W"' Curage customers from parking there if space
is available. Councilmember Masin notedihit the outer eight:falls shall be signed for employee parking as
per the APC recommendation.
Councilmember Awada support: :..for:81hp p"9% the additional eight stalls to be nine feet in
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE B
width. Councilmember Blomquist aske0:::N::this area would be signed employee parking. Mr. Pflipsen
reiterated that they did not want to sign that area so as not to discourage customers from parking there.
Councilmember Awada moved, CiiuRittt seconded a motion to approve a Planned
Development Amendment to the Site Plan.to allow construction of a new building entry and modifications to
the parking lot and access drives for the:eisting bank building located on the northeast comer of Yankee
Doodle Road and Pilot Knob Road, 3390':PiIot Knob Road, legally described as Lot 1, Block 1, Norwest 1st
Addition, in the SW 1/4 of Section 10 subject to the following conditions:
1. The employee parking area adjacent to the ATM drive aisle shall be signed to identify it as
employee parking.
2. Parking stalls shall be : tel feet wide with the exception of handicapped stalls, signed
employee parking and: additioW.: nine stalls located in the northwest portion of the
customer area as sho%Oi on the;::site plan dated March 5, 1997additional eight stalls
proposed to be added w" may bo:Nne feet wide.
3. The two proposed Skyli*LbdueWr.... should :be:4" diameter to compensate for the net loss
of existing trees which ate:ltgeT;:::::::::::;::::::::::::::::::::;:::
4. A Planned Development Amendment Agreement shall be executed which includes the
following exhibits:
• Site/Grading/Landscape Plan
• Building Elevations
CONDITIONAL USE PERMITS $,Y,ARIAN ' 9'= PENSKE TRUCK & LEASING
City Administrator Hedges proviEietl4h 'overview 0n this item. Senior Planner Ridley gave a staff
report. A facility manager with Penske, stetedjhat they 'tee in agreement with all of the Advisory Planning
Commission's recommendations. He added'ffii3t::th'e? :.tiiiding will be redesigned to include more split face
masonry and will meet the ordinance requirement wW ii6ti:'.i i 4he exterior to consist of 25% metal.
Councilmember Blomquist moved, Councilmember idciivada seconded a motion to approve a
Conditional Use Permit to allow outdoor storage of 96 trucks and/or trailers on Lot 3, Block 3, Eagandale
Corporate Center, subject to the following conditions:
1. Development shall occur in accordance with the approved site plan, modified to delineate
employee and truck/trailer par.King,
2. Prior to issuance of a bt A`-' pei<rrrit;•,• � iiisisi grading plans reflecting the lowered grades
should be approved by:::Oi* City•ISitt *Works Department and an amendment to the
Eagandale Corporate Cemter devetoprhent contract referencing the revised grading plans
shall be approved by the:Pity Councjl;: .
3. The exterior building ri t tiaii3: stj if :; Ws�14o the City's Exterior Architectural Design
Standards. .... . , , .... .
4. The developer shall submit a photometric lighting plan indicating light levels at the property
perimeter prior to issuance of a building permit.
Aye: 5 Nay: 0
Councilmember Blomquist movad:tiinciitxiEr:::Awada seconded a motion to approve a
Conditional Use Permit to allow sales (lea)'and serviceof mks and trailers on Lot 3, Block 3, Eagandale
Corporate Center, subject to the following'canditions:
1. All repairs of vehicles rriiA;Dccur inside the bu8tfing.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 9
2. Sales, leasing and servii�'. 5 only allowed for vehicles owned by the property owner. No
retail sales or service is 656wed.
Aye: 5 Nay: 0
Councilmember Blomquist moven:. d-ouncilmember Awada seconded a motion to approve Variances
to Section 11.10, Subd. 29, C.1. (outdo015torage enclosure standards) to allow the items to be stored
outside to be taller than the 6 foot fence enclosure and allow the fence enclosure to encroach into the
required 40 foot front building setback. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT & VARIANCE - U.S. WEST
City Administrator Hedges proviji[00. an overview on this item. Senior Planner Ridley gave a staff
report: John Hollembeck, representing tlfe:applicarA;:Mated that U.S. West is in compliance with all of the
conditions.
Councilmember Wachter noted *"flint the 7-6:46ot variance is quite large. He questioned if the
monopole would devalue the lot to theWit:::: ;1tAt::: hfolle>xibeplc:"stated that studies have been conducted
regarding the affect on property values antia:>r idt�.el�s#s:fhat monopoles reduce residential property
values.
Councilmember Wachter raised a concern about the possibility of the tower falling on a house that
may someday be located on the lot to the west. Mayor Egan noted that these concerns will be addressed
under the new ordinance in the future. Senior Planner Ridley stated that the tower would not fall in a straight
line. Mr. Hollembeck explained the wind load affect on the tower•:and added that with prolonged heavy wind
the tower would only bend near the top. Ridley said thal.oper:iotification was given and no letters or public
objection was received.
Councilmember Awada moved;::l or,'Egan s�C nded a motion to approve a Conditional Use
Permit (CUP) to allow a communication-mgnQpole on a:06rtion of the property located at 1075 Lone Oak
Road, on Lot 3, Block 1, Bell Lexington AdAioq::-(P. 4$.14-13600-030-01) in the SW 114 of Section 2 subject
to the following conditions:
1. The CUP shall be recorded at Dakota County within 60 days of Council approval and
submitted to the City.
2. U.S. West shall provide the City written correspondence from the FAA, relative to the
proposed tower height.
The CUP shall be continually subject.ii ;ffi6.following:cgr ditions:
1. The Conditional Use Permit provided::for a 100' tall communication monopole tower and
equipment building.
2. The equipment building::#ball be d istructed of materials and color compatible with the
principal building.
3. If required, expansion of the equipment &6irding-shall be provided in the event other wireless
communication service provides located on the proposed tower. Any expansion will require
a building permit.
4. A trash enclosure to house the dLimpsters shall be constructed behind the existing building
by September 1, 1997.
5. No signage, other than fQf ciblic safety v 6fmr.igs or equipment information, shall be affixed
to the tower or equipmerft building.
6. No artificial illumination t fall be allowed on tt3 :tower, except when required by law or by a
governmental agency.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 10
7. The tower, or any equiph'i6ht attached thereto, shall be unclimbable for the first twelve (12)
feet or completely surrounded .by..ra•.six.(6J.tppt fence.
8. A building permit shall be'iied f+ciF#Fra efesrflon of the monopole and equipment building.
9. The applicant shall provid01he City documentation, from a structural engineer, at the time of
building permit application:t>onfirming the structural integrity of the proposed monopole.
10. The applicant shall provide co -location opportunities, if technologically feasible to other
wireless communication service providers.
11. The monopole tower anct-P,quipment building shall be in compliance with the submitted site
plan shown on the attacMa ExhibitA,::
12. Landscaping, as shown �.n'-*the attadfied Exhibit B, shall be completed by November 1, 1997.
Aye: 4 Nay: 1 (Councilmember Wachtel oppoled)...,.
Councilmember Awada moved, Ma' '' it Eget}':seeor d d:a motion to approve a 76 foot Variance to
allow a tower that is higher than the distance from the base of the tower to the nearest property line. Aye: 4
Nay: 1 (Councilmember Wachter opposed)
CONDITIONAL USE PERMIT - TARGET STORES
City Administrator Hedges provided an overview.gri.ttte:Conditional Use Permits being requested
by Target Stores, Cub f=oods, Knox Lumber and Raipopw.,F-00ds (Items E -H, New Business) since they
were all for the seasonal outdoor sale of plants;:: S itsctr:l nner Ridley gave a staff report.
Councilmember Awada moved, C66hgilm(
Conditional Use Permit (CUP) to allow the•slgs5a�
temporary greenhouse structure to be locatedirit
Road, on Lot 3, Block 1, Cliff Lake Centre, (PID #1
the following conditions:
fist seconded a motion to approve a
e of plants and planting material and a
of the store located at 2200 Cliff Lake
-fl1) in the SW % of Section 29 subject to
The CUP shall be recorded at Dakota County within 60 days of Council approval and
submitted to the City.
2. A revised site plan shall be submitted showing the temporary greenhouse structure located
at the southeastern most comer.:pf the parking,IQt at the end of the parking row.
The CUP shall be continually sut Ji df tC' iefpJfi�tiliifig'conditions:
1. The greenhouse and display area shM occur between April 12m and July 151 of each year.
2. The greenhouse and
each year.
removed from the property by July 201' of
3. All parking stalls within 30 feet of the temporary greenhouse structure shall be signed as "no
parking" and bordered with barricades while the greenhouse structure is in place and shall
conform with the standards of the Uniform Fire Code.
4. All signage shall meet City Code.f tlireMents.
5. No outdoor storage other,04t which is �app.myed by the City shall occur on the site.
6. The seasonal outdoor sale'shall consist of plarifs and plant products only.
7. A building permit is regtfkr� for construction.o;fte temporary greenhouse structure.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 11
8. An enclosure shall be proVidid for all product display areas with the exception that trees and
shrubs may exceed the height..cfthanrtasurs,
9. The pumpkin display aregiffitll'-666tif:15 a :bctober 11 and October 31" of each year.
The display area shall be.�+emoved from the property by November 1 51 of each year.
Aye: 4 Nay: 1 (Councilmember Wacht&':4posed)
Councilmember Wachter stated he was opposed because he feels the City is being inundated with
nurseries.
CONDITIOPb4L USE PERMIT - CUB FOODS
Councilmember Awada moved,'06uncilmerfter Blomquist seconded a motion to approve a
Conditional Use Permit (CUP) to allow t6j.*season-0:outdoor sale of plants and planting material and a
temporary greenhouse structure to be lo£eted in th4:parking lot of the store located at 1940 Cliff Lake
Road, on Lot 1, Block 1, Cliff Lake Centre, (I?iD. 10-177.SQ-Q10-01) in the SW % of Section 29 subject to
the following conditions:
....................:
1. The CUP shall be recorded at Dakota County within 60 days of Council approval and
submitted to the City.
The CUP shall be continually subject to the following conditions:
1. The greenhouse and display area shall =..Lr.b4 iNeen April 13"' and June 1r of each year.
2. The greenhouse shall be remoyesi#*grii: a: property by June 201" of each year.
3. All parking stalls within 3t?'feet .of the to rary greenhouse structure shall be signed "no
parking" and bordered whIle the structure is standing and shall conform with
the standards of the Uniform .Rit
4. All signage shall meet City Code requirement:'
5. No outdoor storage other than which is approved by the City shall occur on the site.
6. A building permit is required for the construction of the temporary greenhouse structure.
7. An enclosure shall be providsd4w. all product display areas with the exception that trees and
shrubs may exceed the
8. The seasonal outdoor s0ithall cor"?st'of plants and plant products only.
9. The proposed seasons .-'.- s+tdoor sale: shall be in compliance with the submitted site plan
shown on the attachedit#iibit.A,.;
Aye: 4 Nay: 1 (CouncilmemberWachttropposidd
dj"'"
CONDITIONAL USE PERMIT - KNOX LUMBER
City Administrator Hedges noted that with regard to Knox Lumber's request for a conditional use
permit, there is one additional condition that nesdedVibe.addressed. Senior Planner Ridley stated that
Knox already has a conditional use permit .kr.Qutic.g>e of building supplies. He further stated that
:ge
now they are requesting a conditional usej:f 1i for 66`64tcr storage of plants, planting materials and
garden supplies. He noted that their re t,to have outd—.-oorage for the garden center from April 15
through October 15 exceeds the time limif as allowed in a sedsdnal sales CUP. He added that they are
requesting to amend the existing CUP t*:Wlude the garden c0riter for the time period of April through
October.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 12
Councilmember Awada moved, t6 - uncilmember Blomquist seconded a motion to approve a
Conditional Use Permit to allow the outdow.,stor-age pf.plants,. bagged planting materials and garden
supplies at 2905 Lexington Avenue, lega I '' * "" ' ' i ' `* fi�*tbf:.'Ktlock 1, Eagandale Center Industrial Park,
.y:.d - a
located on the west side of Lexington AV6n4i-*hd4iMK:df-L6M6- Oak Road in the SE % of Section 3
subject to the following conditions:
1 This Conditional Use Pe'*s t shall be recorded with Dakota County within 60 days of City
Council approval and proof of its recording provided to the City.
2. Outdoor storage of garden materials consisting of plants and bagged plant materials such
as soil, fertilizer, peat, decorative rock and bark, etc. shall be permitted only between April
15 and October 15 of each year.
3. There shall be no outs*' - ales oro.isplays.
Aye: 5 Nay: 0
CONDITIONAL USS:FNIirT V. RAINBOW FOODS
Senior Planner Ridley noted that the variance request being made by Rainbow Foods was to
allow for two 24 square foot temporary signs (48 total square feet) from April 121h through July 121h.
Pat Branson, applicant, clarified the location of the two signs and stated two signs were needed to
allow visibility from both sides. Councilmember Awada said that the City Council strives to treat all
businesses the same.
a motion to approve a Conditional Use
Councilmember Awada moved, lVl@Lyor::t6'1'1' Soiided
Permit (CUP) to allow the seasonaland planting materials and a temporary
greenhouse structure to be located in tfie:'Oirking lot of:the
the store located at 1276 Town Centre Drive, on
Lot 1, Block 1, Town Centre 70 Second -77026-010-01) in the SW % of Section 29
subject to the following conditions:
1 The CUP shall be recorded at Dakota 'Cd within 60 days of Council approval and
submitted to the City.
The CUP shall be continually subject to the following conditions:
1. The greenhouse and display area shall occur between April 12"' and July 121h of each year.
2. The greenhouse shall be rOffiwiai d-froM:."*'p'%
%.'*i0'p.erty by July 120 of each year.
..........
.
3. All parking stalls within36:'4
... W of thtUrhporary greenhouse structure shall be signed as "no
parking" and bordered With banicad6g'while the structure is standing and shall conform with
the standards of the UnIftip Fire Q4
4. No outdoor storage by the City shall occur on the site.
5. All signage shall meet City Code requirements.
6. The seasonal outdoor sale shall consist of plants and plant products only.
7. A building permit is required WJhe:daft#Vction of the temporary greenhouse structure.
8. An enclosure shall be prov',&iJ,Tbr ali'p-6-do' 'Aisplay areas with the exception that trees and
shrubs may exceed the 00t of the encloi
9. The proposed seasonat:fttdoor sale shall bixin compliance with the submitted site plan
shown on the attached Exhibit A.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 13
Aye: 4 Nay: 1 (Councilmember Wachtdflpposed)
Mr. Branson withdrew his requestt; :s Rci 4 35gi sr foot temporary business sign.
Councilmember Awada moved;.;:founcilmember Blomquist seconded a motion to approve a
Variance to allow a maximum of 24 squ2:feet temporary business signage to be placed on the property
during the temporary business sale from Aohl 12'" to July 12"' of each year. Aye: 5 Nay: 0
PGISLATMONTERGOVERNMENTAL AFFAIRS
Councilmember Masin asked if the Joint Powers Agreement with the Minnesota Valley Transit
Authority would be placed on the next C..y::Council agenda. City Administrator Hedges stated that the item
would be on the April 15, 1997 City Counrrll:agenda for:consideration.
Mayor Egan noted that an Executive Sessioil*ould be held following the City Council meeting.
SPECIAL CITY COUNCIL IWEET:SCNEt0L-E:FOR THE MONTH OF APRIL
City Administrator Hedges commented that an outline of tentative Council meetings for the next two
months was put together for the City Council's consideration. There was a question raised about the starting
time for the April 22 Council retreat. It was decided that the retreat would begin at 2:00 p.m.
Councilmember Wachter moved, Councilmember Awa�fi;t:seconded a motion to approve the Special
City Council meeting schedule for the month of April, incWJ4W Special City Council meetings for April 15 and
29 at 5:00 p.m. and the Council Retreat for Aprji 2 pegirir4ft at 2:00 p.m. Aye: 5 Nay: 0
1997 LEAGUE OF KfIFAt"S"OTA CIT%S ANNUAL CONFERENCE
Councilmembers Awada and Masin>;edt�lat,the conference should be held on the weekend
instead of in the middle of the week. Councilmembers''•:who would be able to attend the conference
and decided that registrations could be shared.
ROUNDTABLE
PROJECT 720, EAGAN BUSINESS COMMONS - STREETS & UTILITIES
Director of Public Works Colbert stated;tiat staff met with representatives of Roseville Properties
today and they are considering building at t siness-- , ns. He further stated that their
development application has been to the Ait#�t?sory l [isiffig oft"ission and a petition requesting the
preparation of a feasibility report and detA. Wi fans has:t�en submitted. He said that the Engineering
Department inadvertently did not process the application and he requested Council authorization to prepare
the feasibility report and plans.
Councilmember Awada moved, M%',.
eW :motion to receive a petition for Project 720,
Eagan Business Commons (Streets & Ufi`tlEiiif !ihd'M '11* 66 Berl Rb preparation of a feasibility report and detail
plans and specifications. Aye: 5 Nay: 0
Director of Public Works Colbert noted that Black Dog Road has been closed due to spring flooding.
City Attorney Sheldon stated that an Exop e:Session would be held following the Council meeting.
City Administrator Hedges said that:#lser '• iei re iwV:ti-ws stories which appeared on the 6:00 p.m.
and 6:30 p.m. news regarding the road urti€fees collected byttig0ty of Eagan and the pending litigation. He
stated that because of copyright reasons'tfie"news stories coufd--not be shown to the public and he suggested
the Council suspend the meeting to view.1be videotape of the txpadcast.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 14
Councilmember Wachter noted thk to attended the North American speedskating championships at
the Eagan Civic Arena. City Administrator'Utidges said that the event brought the best athletes from North
America to Eagan. Mayor Egan comment�dthat.it is .nick to.have a facility in the community to host this
event.
Councilmembers Awada and Masia:$aid that they have not been receiving the Governing magazine.
City Administrator Hedges stated that he W6.4. d arrange for the magazine to be sent to them.
Councilmember Wachter referenced an ai'flirle in the Goveming magazine which states that 38 of the 87
county governments in Minnesota have agreed to participate in a telecommunications collaboration project.
He said he did not know if Dakota County is involved with this project or how this would affect the City of
Eagan. He questioned if there is some duplication of these services.
Councilmember Wachter suggested: shortening the name of the Advisory Parks, Recreation and
Natural Resources Commission. Councilnbers gcrcurred with shortening the name.
Councilmember Wachter moved,:d6uncilm6�*er Awada seconded a motion to change the name of
the Advisory Parks, Recreation and Naturo:'Resourd6::Commission to the Advisory Parks Commission.
Aye: 5 Nay: 0
Councilmember Awada reference':*a#toui:iiafoia8"or.*tti'twas sent to the City by the law firm of
Larkin Hoffman. City Administrator Hedges stated that he would research the information.
Councilmember Masin commented on the number of bus benches in the City and said that the City
is working on a policy to regulate the number and placement of benches in the City. She said that if anyone
from the public wants a particular bus bench removed they could let City staff know. She stated that she and
the Mayor attended the Burnsville/Eagan Access Volunteer Appfeciation event. She also stated that she
attended the business forum held at Fitz's and there wSt$ o'k- lis�ion about improvement to the Cedarvale
area. She mentioned that Planner Shannon Tyree: ***"n bie enritacted if anyone has specific questions about
the Cedarvale area.
Councilmember Blomquist said she:c#jc ht)t:have fiMe to scrutinize the bills because she was out of
town and she reserved the right to ask staff quetbi n . bapt.-the bill's list. She discussed the details of her
trip to the 33rdAnnual Aerospace Forum. She thanked-fi --iii tubers of the Police Department for the crowd
control they provided at the Balloon Connection resulting fr6Mth6:sale of Beanie Babies. She commented
that Cub Foods should not be faulted for the lack of employee parking during the flower sale.
Councilmember Awada mentioned that the Shrine Circus is this weekend.
Councilmember Wachter had a question on the bill's list.
Councilmember Wachter moved, A iyi i' n secOhi 6d:ie motion to suspend the City Council
meeting temporarily to view the videotape iDie iiews.t;tioarst regarding the road unit fees. Aye: 5 Nay:
0
After returning to the City Council:tbeeting, Mayor Egan commented that the City Council had the
opportunity to view a videotape of the n64
-'roa t:regardin� road unit fees and pending legal action
involving the City.
I;HECK REGISTER
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated March 27, 1997 in the amount of $1,563,017.49. Aye: 5 Nay: 0
E!>Efi4lIt+�f
The meeting adjourned at 9:55 p#.L-46 an Executivd- cion.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997
PAGE 15
MLK
Date City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-
8535).
The City of Eagan is committed to the ply that aW'ersons have equal access to its programs, services,
activities, facilities and employment wit}iit regar#.#o race, color, creed, religion, national origin, sex,
disability, age, sexual orientation, marital ste€us or sti#fos with regard to public assistance.
Subject to Aooroval
MINU'.jMS OF A SIREC1AL MEETING
OF 'L:Hk: EAGAN CITY COUNCIL
A special meeting of the Eagarf--.dry Council was called to order at 5:00 p.m. on April 1, with
Mayor Egan, Counciimembers Awada, Bioitiquist, Masin and Wachter present. Staff present Included Planner
Shannon Tyree, Senior Planner Mike Ridley and City Administrator Hedges.
MVTA UPDATE
City Administrator Hedges stated:chat the C -#gr Council has requested an opportunity to discuss the
Joint Powers Agreement and status of thlw iperadng i#irdget for the Minnesota Valley Transit Authority at a
work session. He stated that Audrey SoWarm, Ai*tant Executive Director for the MVTA was present to
respond to any questions regarding either •the joini'pbwers agreement or budget. The City Administrator
further stated that staff is looking for dit � `*..'j ;t�e1afd ft:4*g ani ions relative to a bus bench policy due to
calls members of the City Council and' sraff:"fiave':te�eivei# s:a result of the placement of bus benches
throughout the community by National Courtesy Bench,
City Counciimember Masln, who is also Chair person for the Minnesota Valley Transit Authority
(MVTA) reviewed changes that were proposed to the joint powers agreement by the city of Apple Valley.
She stated that at a recent MVTA board meeting the agreen;gnt::as proposed by the city of Apple Valley was
not accepted. Mayor Egan asked what the feeling;.Was*::of : tile*- MVTA on the Apple Valley City Council
action specific to the alternate members vQt. . t- — :.: sj►::.:.lv.ity Councilmember Masin stated that this matter
Is being reviewed by the MVTA's legal cbtti3sef:''planner'jrr'ee stated that it has been her practice to vote in
Councilmember Masin's absence as the-Ciry.;of:..Eagan's'altemate, only after reviewing the Issues with City
Counciimember Masin as to how she would iiike'i4r::?vqt, WE. on behalf of the City. Mayor Egan asked about
the representation on the MVTA Board specific to• s'eM+ -`:Audrey Schwartz, Assistant Executive Director
for the MVTA, appeared and provided a summary of how••tlie::service is provided in the six member cities.
She also stated that the subsidy for midday rates is $4.10. City Councilmember Awada questioned what the
MVTA is doing for the reverse commuter and suggested that that be a high priority. Ms. Schwartz stated
that the MVTA Is subsidizing a bus from the City of St. Paul to West Publishing that is full each route at
$.70 per passenger. She further stated that another bus starts at the Mall of America and services Blue
Cross and various businesses along Corporate -Center Drive, .Mayor lagan suggested that the MVTA meeting
with representatives of the Information aqt � iiEi e• SON16e::Qni ter for the U.S. Postal Service that will be
constructed in the Waters Addition, =Ong sincpe;:;many of ' these employees will be commuting from
Minneapolis and St. Paul, they might be •gci'iid prosprrcts for the reverse commute.
City Councilmember Awada gi*gtioined :)00iher there is language in the joint powers agreement
that provides a provision to reduce prop�itjr:: ...:.. : ::W"re should decide not to require a full transit
levy by all cities in the seven county me.. .. icari area: Irify'touncilmember Masin stated that there is no
language in the joint powers agreement addressing that issue and further stated that it is highly unlikely the
legislature would ever allow cities the option to levy a transit tax. She stated that there Is a recognized need
to subsidize mass transit including the MVTA. Audrey Schwartz stated that the MVTA is continuing to
study options that reduce subsidies such as wheel w..,. at jn• bus routes should be cut back and other possible
choices. City Counciimember Wachter stapes#::tis:iii::fi1:articular appreciated the review and agreed with
City Counciimember Awada that it is un*ifiate that ttr ' iw. cannot have greater control over the amount
of the levy which is mandated by the Slate Legislature an* tfirough the Metropolitan Council for transit
service.
Special City Council Meeting Minutes
April 1,1997/Page 2
BUS BENCH POLICY
City Administrator Hedges stated:' hat a new company, National Courtesy Bench, has recently
placed bus benches along various collectot :toads throughout the community. He stated that some members
of the City Council and staff have received. complaints about the apparent proliferation of bus benches and
have expressed issues ranging from the advi2rti$Ihg. tbi-,:ogCWt$;:tiit:the bunches, the location of benches which
Is often misleading to the public. He stated-'tifat residerits:as' u:m:'t'-that where a bus bench exists there is a bus
stop which is not always the case.
The City Administrator stated that staff is looking for direction as to whether an ordinance should be
given consideration for the regulation of bus benches as it pertains to location, maintenance and advertising.
Audrey Schwartz stated that U.S. Bench Company first placed benches In the City at locations where there
were no busses. She stated that for the most part that company has relocated the benches and cooperates
with the MVTA for advertising their butorvices. City Councilmember Blomquist suggested that the City
give consideration to a bus bench policy i't i:'ki easons ##ed by the City Administrator and that information be
compiled from other cities who have adopd polidea::before any further consideration is given by the City
Council. City Councllmember Masin staW*:that tfi :TWTA has a draft ordinance which will be provided to
the City for review and consideration. Plpper..T.yrge:stated.that it would be helpful to add the regulation of
bus benches to the zoning ordinance. Shy::i #i r::sial-:th*:J4ption, maintenance and advertising are the
main issues as stated by the City Administrator." ayor ' gai1 asked that staff review the legislative authority
relating to first amendment rights, health and safety, and governance of setbacks. He stated that these are
questions the City Administrator may want to raise with the City Attorney's office. Mayor Egan thanked
staff for raising the Issues relative to the need for addressing a bus bench policy and provided direction to the
City Administrator to review bus bench policies of other communities and the draft ordinance of the MVTA
and report back to the City Council at a future work session.:::::::.'.*
City Counciimember Masin presented::�:4pc-4meiitt'that Includes assumptions for creating the 1997
MVTA operating budget. She further staled' ... fds::::dp4ument is a guideline for spending. City
Councilmember Masin further stated that because the elty."O. Rtrsemount did not join the other five cities In
assuming the levy for transit tax, the MVTA still must approach the Met Council for the Rosemount
allocation. City Councilmember Awada continued to express concern about the amount of public subsidy
and frustration that the money could be used for other services or less taxes. She stated that she has a
philosophical difference about the $2 million Eagan pays for services, stating that those dollars could be
better used. Mayor Egan expressed some concern that limited input is going Into the development of the
MVTA budget which is an $8 million operatft*:tib dget or,:pakf.Qf the City of Eagan's budget. He stated that
cities should have more detail, similar tQ:#ie: Citjr;:of ::a;ati:: tyiidget format. City Councilmember Masin
commented on the MVTA strategic plan: gating t #.:.-k`wouid be helpful to have a more diverse makeup
from other cities as the MVTA develops &* budget and other policies.
After further discussion and a *Oome;:;to::*eidQr. s,, by the Assistant to the Executive Director
Audrey Schwartz, Mayor Egan thanked:+�Lji:tii�c3lipi#jet:Masin, who chairs the MVTA and Audrey
Schwartz for their input and response to questions regarding the budget and various MVTA operations.
CODE ENFORCEMENT POLICY
City Administrator Hedges stated tlut::>;♦ti::#arming division has written a policy regarding code
enforcement that clarifies sections of the C,i :.;C�.the City should handle systematic inspections.
The purpose of the policy Is to provide IiA-with direction OW an expectation for the community that all
properties will be inspected every 1 3'jie and that violations will be identified. The City Administrator
stated that there are several chapters in : City Code including:Chapters 4, 9, 10 and 11, that require an
ongoing City Code compliance through:. y5te dtl�; tnspectioiu: 4f properties. Mayor Egan stated that he
Special City Council Meeting Minutes
April 1,1997/Page 3
agrees with the code enforcement policy, however, would not want staff to go overboard with enforcement
creating a bureaucratic and user unfriendly attitude between business and residents with their local
government. Senior Planner Ridley prgyided background as to why the City Is considering a code
enforcement policy, stating that to date:iorcement has been complaint driven which is not consistent or
fair with expectations the community has'that ordinances will be upheld regarding City Code compliance.
City Councilmember Awada agreed with:.r
• ::dq; enforcement should be based on common
�a�:
sense and be reasonable on the part of
After further discussion, the Qft '.'Administrator' was given consensus to proceed with the Code
Enforcement Policy as presented.
OTHER BUSINESS
There were no Items for Other Business.
ADJOU LAMENT
The meeting was adjourned at 6.16 p.m.
TLH
Date City Clerk
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 28,1997
SUBJECT: AGENDA INFORMATION MEMO FOR THE APRIL 1, 1997
EAGAN CITY COUNCIL MEETING
ADOPT AGENDAIAPPROVE MINUTES
After approval of the April 15, 1997 City Council agenda and the regular City Council meeting
minutes for the April 1 regular Council meeting and special minutes from the April 1 meeting,
the following items are in order for consideration.
EAGAN CITY COUNCIL MEETING
APRIL 15, 1997
DEPARTMENT HEAD BUSINESS
A. RECOGNITION of Tree Ci U.S.A._ten-year award
Supervisor of Forestry Hove will be at the City Council meeting to present the
award to the City Council.
BACKGROUND:
This year the City of Eagan was recognized as a Tree City USA for the 10th
consecutive year. This award is presented by the National Arbor Day
Foundation in cooperation with the USDA Forest Service, and the National
Association of State Foresters. To receive this recognition a city Is required to
annually meet four standards:
• Have an active Tree Board or Commission
• Have a community tree ordinance
• Implement a community forestry program with an annual budget of at
least $2.00 per capita and
• Hold an annual Arbor Day Observance and Proclamation.
For the 1996 year (awards were given out on March 7, 1997) 135 Minnesota
communities were recognized as Tree City USA. Mayor Tom Eagan and
Supervisor of Forestry Gregg Hove attended the awards ceremony. This year,
Eagan received special honors as we were awarded for the 10th year for this
recognition. To acknowledge this anniversary, a special 10th year flag was
received and will be flown at the Maintenance Facility, two special Tree City
USA road signs were received which will be displayed at city entrances, and a
10th anniversary trophy was received which will be displayed In city offices.
In addition, the City of Eagan received for the 4th year (the 3rd year In a row)
the prestigious Tree City USA Growth Award. This special recognition Is
presented to cities that undertake projects that result in some aspect of
"environmental improvement" or that provide for new ideas that improve
community tree care. The award was received this year for completing a new
computerized Tree Management Inventory System that utilized Global
Positioning System, and for adopting an improved Tree Preservation Ordinance.
Arbor Day is Saturday, May 3 at Blackhawk Park.
�1
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
PONSENT 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. Water Production Maintenance Worker --
ACTION TO BE CONSIDERED:
To approve the hiring of David Koski as a Water Production Maintenance Worker, subject to
successful completion of the City's physical examination and drug screen requirements.
Item 2. Resignation/Part-time Building Maintenance Worker --
ACTION TO BE CONSIDERED:
To accept the resignation of Greg Mann from his position as a part-time Building Maintenance
Worker.
Item 3. Seasonal Park Maintenance Workers --
ACTION TO BE CONSIDERED:
To approve the hiring of Dale Bishop, Mike Bishop, Kevin Doehling, Jill Isebrand, Delbert
Keene, and Douglas Kuehn.
Item 4. Seasonal Ballfield Attendants—
ACTION TO BE CONSIDERED:
To approve the hiring of Mark Cleare, Andrew Kappang and George Sellner as seasonal Ballfield
Attendants.
3
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
Item 5. Seasonal Part-time Assistant Weed Inspector—
ACTION TO BE CONSIDERED:
To approve the hiring of Leroy Berg as the seasonal part-time Assistant Weed Inspector.
Item 6. Seasonal Street Maintenance Workers—
ACTION TO BE CONSIDERED:
To approve the hiring of Scott Hangebrauck, Erik Hansen and Jeff VanOverbeke as seasonal
Street Maintenance Workers.
Item 7. Seasonal Part-time Ice Rink Supervisor—
ACTION TO BE CONSIDERED:
To approve the hiring of Mike Sheggeby as a seasonal part-time Ice Rink Supervisor.
Item 8. Undergraduate Recreation Student Intern—
FACTS:
For the Council's information, the recreation division will host Craig Walter from North Dakota
State University for his undergraduate internship this spring. Mr. Walter will not be an employee
of the City; therefore, no Council action is required.
Item 9. Reorganization/Public Works Department/Engineering Division
ACTION TO BE CONSIDERED:
To approve the reorganization of the Engineering Division of the Public Works Department by
eliminating the Senior Engineering Technician position, adding an Engineering Technician
position, and changing the title of the Assistant City Engineer position to City Engineer.
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
PERSONNEL ITEMS CONTINUED:
FACTS:
With the retirement of the Senior Engineering Technician and the resignation of the Assistant
City Engineer, the organization of the Engineering Division has been analyzed to determine how
the division can best meet the current and future needs of the City. Also analyzed was the new
Administrative Coordinator position which was approved for the 1996 budget. It is the
recommendation of the City Administrator and Director of Public Works that the action as
described above be approved by the City Council. The new organization will result in budget
reductions and related cost savings while providing a more efficient and defined operation
organization that should allow increased and enhanced delivery of public service.
ATTACHMENT:
Attached on pages CG through is a copy of a memo from the Director of Public Works
regarding this item.
5"'
city of eagan
TO: TOM HEDGES, CITY ADMINISTRATOR
MEMO
ENGINEERING DIVISION
FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: APRIL 9, 1997
SUBJECT: PUBLIC WORKS DEPT REORGANIZATION
ENGINEERING DIVISION (ASST CITY ENGINEER & SR ENGINEERING TECH)
In November of 1995, with the retirement of Ed Kirscht, the Senior Engineering Tech
position became vacant. With the approved 1996 Budget, a Public Works Coordinator
position was created which has not yet been filled. In February of 1997, with the
resignation of Mike Foertsch, the Assistant City Engineer position is now also currently
vacant. In accordance with your directive, all existing and newly vacated positions have
been analyzed with respect to the current and future needs of the City. The following is the
result of that analysis:
This position was originally created in 1980 and was primarily responsible for coordinating
and supervising the administrative paraprofessional work of the Engineering Division
Technicians. Over the years, with the growth of the community and the expansion of the
services provided by the Engineering Division, a Development/Design Engineer position
was added in 1991 along with another Senior Engineering Technician for construction
coordination.
During 1996, the Engineering Division purposely did not fill the vacancy of the Senior
Engineering Tech in order to evaluate whether this position could be permanently
eliminated through attrition. The Design Engineer and Construction Supervisor positions
assumed the daily supervisory responsibilities of the Administrative Senior Tech position.
Many of the other duties were reassigned to other Engineering Techs. However, it created
a peak workload that would not be able to be sustained taking into consideration current
and projected short/long-term needs of the Engineering Division and the City of Eagan.
Also, other routine duties of the Engineering personnel had to be delayed or deferred to
hired consultant services.
In evaluating the need for and the duties and responsibilities of this position, it has been
determined that it is in the best interests of the City to fill this position but that it should be
declassified from the previous Senior Engineering Tech (range J -Exempt) to a standard
Engineering Tech position (range H) at a 20.59% long-term cost savings while maintaining
a comparable level of service.
Tom Hedges
Reorganization of Engineering Division
Page 2
ASSISTANT CITY ENGINEER
The Assistant City Engineer position was originally created in 1982 to assume the day-
to-day management responsibilities of the growing Engineering Division and the
expanding demands of public and private development. With the recent resignation of
Mike Foertsch, the evaluation of the duties and responsibilities of that vacant position
has not only determined that it is necessary to be refilled, but it is strongly
recommended that it be reclassified as the primary City Engineer. Currently, the City of
Eagan is the largest suburban community that does not have a primary City Engineer
position dedicated to managing the Engineering Division operations.
During the past 3-4 years, it became increasingly necessary for the manager of the
Engineering operations to be the primary contact and responder for the increasingly
complex and detail issues associated with the largest City in Dakota County and the
10t' largest City in the State. The current title of "Assistant' City Engineer has been a
bit of a misnomer based on the duties and responsibilities that the position had grown
to assume. The adjective "Assistant' implied that the primary contact should be through
and with the City Engineer (Public Works Director), even on routine operational issues.
This often times resulted in unnecessary delays, duplicative efforts, and increasing work
loads for the Department Director. This has lead to unnecessary inefficiencies. The
time is appropriate for our growing community to recognize the need for a specific and
separate City Engineer position. Because the duties and responsibilities will not
significantly change, the pay range and compensation level would remain the same
with no budgetary impacts.
Also, in order to attract the caliber of experienced qualified applicants to fill this
vacancy, it would be beneficial to identify the accountability and expectations of this
division head manager position through this title change. Similar to other departmental
division managers, the City Engineer will continue to receive direction from and report
directly to the Director of Public Works.
Approved in the 1997 Budget is a carry over of the unfilled vacant position approved in
1996 to provide administrative services to the Public Works Department, coordinate
inter -divisional public works activities, and to address the growing needs of traffic and
transportation planning. The background and expertise of this individual would be less
technical and more administrative and research orientated. The Public Works
Department consists of 47 full and 2 part-time (48 FTE) positions of significant diversity.
As our community continues to grow and mature in a large Metropolitan area, there are
increasing internal administrative needs that are not being provided or met. This
position would be dedicated to those administrative and interdivisional coordination
activities that can provide increased service, efficiency and benefit to the City. This
position would report directly to the Director of Public Works and is anticipated to be
filled within the next 60 days.
Tom Hedges
Reorganization of Engineering Division
Page 3
The Public Works Department consists of three primary Divisions: Engineering;
Utilities; and, Streets/Equipment/Central Services.
Attached is an Organizational Chart (Exhibit "A") for the Engineering Division of the
Public Works Department as it existed at year-end 1996 showing the relationship of the
Assistant City Engineer and Administrative Senior Engineering Tech positions. The
second Organizational Chart (Exhibit "B") envisions the reorganization for 1997 as
discussed in this memo. The third Organizational Chart (Exhibit "C") shows the
interrelationships of the overall Public Works Department.
The proposed reorganization and reclassification within the Engineering Division and
filling of all vacancies will result in budget reductions and related cost savings while
providing a more efficient and defined operational organization that should allow
increased and enhanced delivery of public service. I would be happy to expand on any
facet of this proposal as you so desire. I would appreciate your comments and
concurrence with this proposal to that I can proceed immediately with the advertising
and hiring process for the newly redefined City Engineer, Engineering Tech and
Administrative Coordinator positions.
Respectfully submitted,
Thomas A. Colbert
Director of Public Works
TAC/j
Attachments: 3 Exhibits
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Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
B. APPROVE D.A.R.E. AND POLICE LIAISON SERVICES AGREEMENT
I.S.D. NO. 196 AND CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve the D.A.R.E. and police liaison services agreement for School District No. 196 and
the City of Eagan.
FACTS:
• For a number of years, the City has had annual agreements with School District 196 to
provide Police Officers to instruct elementary school students in D.A.R.E. and to act as
school liaison officers at the middle schools and at the high school.
The proposed agreement which both parties have been following actually covers the 1996-
1997 school year. Formal processing was delayed because of personnel changes at the
district office.
• The City is receiving $19,981 for D.A.R.E. and $40,000 for Police Liaison Services for this
school year. These funds have been budgeted by the City in the City's appropriate fiscal
year.
ATTACHMENTS:
• Agreement on pages �3— through K
�z
D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT:
SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN
THIS AGREEMENT is made and entered into the day and year set forth below
by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation,
(hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal
corporation, (hereinafter "City").
RECITALS
WHEREAS, for purposes of this Agreement, the School District's
participating elementary schools within the City consist of the following schools:
Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake
and Woodland; and
WHEREAS, for purposes of this Agreement, the School District's
participating secondary schools within the City consist of the following schools:
Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and
WHEREAS, the parties enter into this Agreement pursuant to Minnesota
Statutes §275.125, Subd. 6j.
NOW THEREFORE, the parties hereto agree as follows:
1. The City agrees to provide a police officer who is a state certified peace
officer and certified D.A.R.E. instructor to instruct a 17 -week per semester
curriculum of drug abuse resistant education ("D.A.R.E.") in the School District's
elementary schools.
2. The School District agrees to pay the amount of $19,981.00 to the City as
and for the City's costs incurred in teaching the D.A.R.E. program for the School
District.
3. The City agrees to provide a state certified police officer to perform an
average of 20 hours per week police liaison services to each of the School District's
secondary schools for the purpose of assisting in the establishment and $rained
coordination of a cooperative community approach among the School District's
schools, students, parents, police and other community resources to address the
needs of the students and community members. The City's police liaison services
shall include, but not limited to:
a. Prevention of delinquency;
b. Protection of life and property; and
C. Law enforcement.
Support Semices/D.A.R.E. Semces/3-7-97/3
ISD 196 GmpWc Ans Dept 5
4. The School District shall pay the City the amount of $40,000.00, as and
for the City's police liaison services to the School District.
5. The parties agree and acknowledge that the police officers who are
assigned to provide D.A.R.E. instruction and police liaison services in the schools
are, and will continue to be, members and employees of the City and its police
department. The officers shall operate under the direct administration and
supervision of the police department but will work in cooperation with school
administrators to further mutually agreed goals involving the police department,
schools and students. The officers shall not have disciplinary authority within the
schools.
6. The amount to be paid by the School District as specified in Paragraphs
2 and 4 herein shall be payable for the 1996-1997 school year upon approval of this
agreement by both parties.
7. This Agreement is effective for the 1996-1997 school year; upon the
expiration of the 1996-1997 school year, this Agreement shall automatically
terminate.
This Agreement dated this _ day of , 1997.
SCHOOL DISTRICT NO. 196:
By: Kevin Sampers
Its: Chairperson
By: Mary Hamann -Roland
Its: Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF )
CITY OF EAGAN:
By: Thomas Egan
Its: Mayor
By: E. J. VanOverbeke
Its: City Clerk
On this _ day of . 1997, before me a Notary Public within and
for said County, personally appeared KEVIN SAMPERS and MARY HAMANN-
ROLAND, to me personally known, who each being duly sworn by me, did say that
they are the Chairperson and Clerk of School District No. 196 and that said
instrument was signed and sealed on behalf of said School District by authority of
the School Board and said Chairperson and Clerk acknowledged said instrument to
be the free act and deed of the School District.
Notary Public
Suppun ServicmM.A.R.E. Services/3-7-97/4
1S p 1I Graphic Ars Dept.
STATE OF MINNESOTA )
ss.
COUNTY OF )
On this day of _ 1997, before me a Notary Public within and
for said County, personally appeared THOMAS EGAN and E. J. VanOVERBEKE to
me personally known, who being each by me duly sworn, each did say that they are
respectively the Mayor and Clerk of the City of Eagan, the municipality named in
the foregoing instrument, and that the seal affixed on behalf of said municipality by
authority of its City Council and said Mayor and Clerk acknowledged said
instrument to be the free act and deed of said municipality.
Notary Public
Support Semces/D.A.R.E. Servnces/3-7-97/5 /
1SD I96 Graphic Arts Dept. `
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
C. APPROVE ORDINANCE ADOPTING AND
ENACTING NEW CITY CODE
ACTION TO BE CONSIDERED:
To approve an ordinance adopting and enacting the new City Code.
FACTS:
• In April of 1996, the City Council approved a contract with Municipal Code Corporation to
republish the City Code. The republication is completed and includes minor editorial
changes to eliminate inconsistencies, conflicts and obsolete provisions. It does not include
any substantive changes except those made by new ordinances as they were adopted.
• All ordinances adopted through September 23, 1996„ (through number 224) are included in
this codification.
• Additional ordinances will be included in subsequent supplements.
• The new code will be installed on the City's network and will also be accessible on the
Internet.
• The new code will be distributed upon the City Council's approval of this proposed
ordinance and publication of the ordinance.
ATTACHMENTS:
Ordinance on pages through
ORDINANCE NO.
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR
THE CITY OF EAGAN, MINNESOTA; PROVIDING FOR THE REPEAL
OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING
A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE
MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN
SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN:
Section 1. The Code entitled "City Code, City of Eagan, Minnesota" published by
Municipal Code Corporation consisting of chapters 1 through 25, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before
September 26, 1996, and not included in the Code or recognized and continued in force by
reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any
ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this
ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a
violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in
pursuance thereof shall be punished as provided in the specific chapter or provision. Each act of
violation and each day upon which any such violation shall occur shall constitute a separate
offense. The penalty provided by this section, unless another penalty is expressly provided, shall
apply to the amendment of any Code section, whether or not such penalty is reenacted in the
amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other
remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
/1
Section 5. Additions or amendments to the Code when passed in the form as to indicate
the intention of the council to make the same a part of the Code shall be deemed to be
incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after September 26, 1996, that amend or refer to
ordinances that have been codified in the Code shall be construed as if they amend or refer to like
provisions of the Code.
Section 7. This ordinance shall become effective
Passed and adopted by the council this day of
ATTEST:
Finance Director/City Clerk
CITY OF EAGAN CITY COUNCIL
Mayor
0
Certificate of Adoption
I hereby certify that the foregoing is a true copy of the ordinance passed at the regular
meeting of the city council of the City of Eagan, Minnesota, held on the day of
Finance Director/Clerk
�y
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
D. DIRECT THE CITY ATTORNEY'S OFFICE TO PREPARE A NEW
TOBACCO ORDINANCE TO BE IN COMPLIANCE WITH
FDA REGULATIONS
ACTION TO BE CONSIDERED:
To direct staff not to seek a waiver to the FDA tobacco regulations and to direct the City
Attorney's office to prepare a new tobacco ordinance after the State Legislature adjourns.
FACTS:
• In October of 1996, President Clinton signed into law new restrictive regulations
promulgated by the Food and Drug Administration. The regulations seek to reduce
youth access to tobacco and underage smoking by restricting a number of practices
perceived to influence a minor's decision to smoke.
Two of the new federal regulations which were effective February 28, 1997 are of
immediate importance as follows:
1) It is unlawful for any retailer to sell cigarettes or smokeless tobacco to any
person under the age of 18.
2) Retailers are specifically required to check photographic identification as
proof of age for any person under the age of 26.
The following additional FDA regulations become effective on August 28, 1997:
1) Ban on free samples and the sale of individual cigarettes or packets of fewer
than 20.
2) Ban on vending machines and self-service displays, except for limited
"adults -only" establishments.
3) Ban on outdoor advertising within 1,000 feet of schools and publicly owned
playgrounds. .
4) Only black -and -white text advertising allowed for any other outdoor
advertising and all point-of-sale advertising.
5) Ban on the sale or giveaway of promotional materials such as caps and gym
bags containing product brand names or logos for cigarettes or smokeless
tobacco.
• Cities with tobacco ordinances that include provisions pre-empted by the new FDA
regulations may request a waiver from the federal rules and continue to enforce their
local controls. The League of Minnesota Cities and the Minnesota Attorney
General's office have arranged to coordinate the mailing of all waiver applications to
the FDA. Completed waiver applications are due at the LMC no later than Thursday,
May 1, to meet the FDA deadline of May 6, 1997, for FDA response prior to the
August 28, 1997 effective date.
0?D
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
The FDA'regulations covering vending machines and self-service are substantially
different than Eagan's which make the prospect of being granted a waiver quite
unlikely in staff's opinion.
ISSUES:
It is unknown what action the State Legislature may take yet in this session which
may also pre-empt local control. If the City Council agrees that a waiver application
would not be productive, the ordinance revision could be put on hold until after the
State Legislature adjourns and still be addressed prior to the additional regulations
becoming effective in August.
When the current ordinance was approved in 1992, there was considerable business
community opposition to a more restrictive ordinance proposed by certain anti-
smoking groups.
691
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
E. APPROVE RESOLUTION AUTHORIZING ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS
ACTION TO BE CONSIDERED:
To approve a resolution authorizing the issuance and sale of $1,000,000 Industrial Development
Revenue Bonds, Series 1997 for Master Mechanical, Inc.
FACTS:
• On April 2, 1996, the City held a public hearing and gave preliminary approval to the project
and authorized the submission of an application to the Minnesota Commissioner of Trade and
Economic Development.
• The application has been approved by the State.
• The project being financed is the acquisition, construction and equipping of an approximately
29,000 square foot manufacturing facility to be located on approximately 2.443 acres of land
at the northwest comer of the intersection of Neil Armstrong Boulevard and Gemini Road.
• All documents are being reviewed by Steve Rosholt of Faegre and Benson on behalf of the
City.
ATTACHMENTS:
• Resolution on pages *hroughjg
RESOLUTION NO. 97 -
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $1,000,000
INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1997
(MASTER MECHANICAL) INC. PROJECT) TO FINANCE A PROJECT
BE IT RESOLVED by the City Council of the City of Eagan (the "Issuer"), as follows:
I. The City Council has received a proposal from PNP, L.L.P., a Minnesota
limited liability partnership (the "Company"), that the Issuer undertake to finance a certain
Project as herein described, pursuant to Minnesota Statutes, Sections 469.152 through
469.165 (the "Act"), through issuance by the Issuer of its $1,000,000 Industrial Development
Revenue Bonds, Series 1997 (Master Mechanical, Inc. Project) (the 'Bonds"). The Issuer
held a public hearing with respect to the Project on April 2, 1996 and the Minnesota
Department of Energy and Economic Development has given approval to the Project.
2. It is proposed that, pursuant to a Loan Agreement dated as of April 1, 1997,
between the Issuer and the Company (the "Loan Agreement"), the Issuer loan the proceeds
of the Bonds to the Company to finance the acquisition, construction and equipping of an
approximately 30,872 square foot facility for the manufacture of ductwork systems to be
located at the northwest comer of the intersection of Neil Armstrong Boulevard and Gemini
in the City of Eagan (the "Project"). The basic payments to be made by the Company under
the Loan 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 Issuer
assign its rights to the basic payments and certain other rights under the Loan Agreement
to Firstar Bank of Minnesota, N.A. in St. Paul, Minnesota (the "Trustee"), as security for
payment of the Bonds under an Indenture of Trust dated as of April 1, 1997 (the
"Indenture"). Payment of the Bonds will be secured by a Mortgage, Security Agreement and
Fixture Financing Statement and an Assignment of Leases and Rents each from the
Company to the Trustee (respectively, the "Mortgage" and the "Assignment of Leases and
Rents") and by personal guaranties of the individuals who are partners in the Company or
revocable trusts of such partners in favor of the Trustee. The Bonds will be purchased by
John G. Kinnard & Co., Inc. (the 'Purchaser") and thereafter privately placed only with
"accredited investors" as described in rule 501 (a) of Regulation D promulgated under the
Securities Act of 1933 pursuant to an Official Statement (the "Official Statement") and in
accordance with a Bond Purchase Agreement dated as of closing among the Issuer, the
Company and the Purchaser (the 'Purchase Agreement").
3. Forms of the following documents have been submitted to the City Council for
approval:
(a) The Loan Agreement
(b) The Indenture
781185.2 C9 3
(c) The Purchase Agreement
(d) The Mortgage (not executed by the Issuer)
(e) The Assignment of Leases and Rents (not executed by the Issuer)
(f) The Preliminary Official Statement used by the Purchaser to market
the Bonds
4. It is hereby found, determined and declared that:
(a) it is desirable that the Bonds be issued by the Issuer upon the terms set
forth in the Indenture,
(b) the basic payments under the Loan 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 Loan
Agreement, Mortgage and Indenture also provide that the Company is required to
pay all expenses of the operation and maintenance of the Project, including, but
without limitation, adequate insurance thereon and insurance against all liability for
injury to persons or property arising from the operation thereof, and all taxes and
special assessments levied upon or with respect to the Project Premises and payable
during the term of the Loan Agreement and Indenture; and
(c) under the provisions of Minnesota Statutes, Section 469.155, and as
provided in the Loan 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; neither the Issuer nor the City is subject to any liability thereon; no holder
of any Bonds shall ever have the right to compel any exercise by the Issuer or 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 Issuer or the City except
the interests of the Issuer in the Loan 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 Issuer or the City except
the interests of the Issuer in the Loan Agreement which have been assigned to the
Trustee under the Indenture; the Bonds shall recite 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 Issuer or the City within the meaning of
any constitutional or statutory limitation.
5. The forms of the Loan Agreement, Purchase Agreement and Indenture and
exhibits thereto shall be subject to the review'and approval of the City Attorney. All other
documents described in paragraph 3 hereof are approved substantially in the form
submitted. The Loan Agreement, Indenture and Purchase Agreement are directed to be
executed in the name and on behalf of the Issuer by the Mayor and the Clerk -Treasurer.
781185.2 2
a
Any other documents and certificates necessary to the transaction described above shall be
executed and delivered by the appropriate Issuer 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 Loan Agreement, Indenture and Purchase Agreement.
b. The Issuer has not prepared nor made any independent investigation of the
information contained in the Preliminary or Final Official Statement used by the Purchaser
to sell the Bonds and the Issuer takes no responsibility for any information contained in the
Preliminary or Final Official Statement.
7. The Issuer shall proceed forthwith to issue its Bonds, in the form and upon
the terms set forth in the Indenture. The offer of the Purchaser to purchase the Bonds at
par plus accrued interest to the date of delivery at the interest rate or rates specified in the
Indenture (not exceeding 8% per annum) as of the date of issuance of the Bonds, is hereby
accepted. The Mayor and the Clerk -Treasurer are authorized and directed to confirm the
interest rate or rates and prepare and execute the Bonds as prescribed in the Indenture and
to deliver them to the Trustee for authentication and delivery to the Purchaser.
8. The Mayor and the Clerk -Treasurer and other officers of the Issuer are
authorized and directed to prepare and furnish to the Purchaser certified copies of all
proceedings and records of the Issuer 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 Issuer as to the truth of all
statements contained therein.
9. 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 the City Attorney and the Issuer officials authorized herein
to execute said documents prior to their execution; and said Issuer officials are hereby
authorized to approve said changes on behalf of the Issuer. The execution of any instrument
by the appropriate officer or officers of the Issuer herein authorized shall be conclusive
evidence of the approval of such documents in accordance with the terms hereof. In the
absence of the Mayor or the Clerk -Treasurer, any of the documents authorized by this
resolution to be executed may be executed by an acting or duly designated official.
Adopted: April 15, 1997
Mayor
Clerk -Treasurer
781155.2 3
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
F. PROCLAMATION OBSERVING MAY 4 -MAY 11 AS
THE 1997 DAYS OF REMEMRANCE IN ASSOCIATION WITH
THE HOLOCAUST MEMORIAL MUSEUM
ACTION TO BE CONSIDERED:
To proclaim the week of May 4 through May 11 as the 1997 Days of Remembrance of
the Holocaust and encouragement of equality and justice for all.
FACTS:
The United States Holocaust Memorial Council has asked federal, state and local
governments to consider proclaiming the week of May 4 to be the Days of
Remembrance for the Holocaust which occurred before and during World War II.
In addition to calling to mind the destruction of this period, the time is intended to be
set aside to foster equality, justice, tolerance and respect for all people.
ATTACHMENTS:
• Proclamation on page OV.
• Correspondence and background information on pages—.,30
04F
CITY OF EAGAN
PROCLAMATION
FOR THE DAYS OF REMEMBRANCE
"FROM HOLOCAUST TO NEW LIFE"
Sunday, May 4 Yom Hashoah, through Sunday, May 11, 1997
WHEREAS, the Holocaust was the systematic persecution and annihilation of European
Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews, Gypsies, the handicapped
and Poles were targeted for destruction or decimation for racial, ethnic or national reasons. Millions
more also suffered oppression and death under these policies; ;and
WHEREAS, The United States became the homeland to many thousands of Holocaust
survivors who, having deep appreciation for the freedom and opportunities afforded by this nation,
greatly contributed to the culture and strength of their adopted homeland; and
WHEREAS, we the people of the City of Eagan should always remember the terrible events
of the Holocaust and should remain vigilant against bigotry and tyranny; and
WHEREAS, we the people of the City of Eagan should continually rededicate ourselves to
the principles of equality and justice for all; and
WHEREAS, the Days or Remembrance have been set aside for the people of the City of
Eagan to remember the inhumanity of the Holocaust as well as to reflect upon our own humanity and the
need for respect of all peoples; and
WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the
United States Holocaust Memorial Council designates the Days of Remembrance of the victims of the
Holocaust to be Sunday, May 4 through Sunday, May 11, 1997, including the international Day of
Remembrance known as Yom Hashoah, May 4;
NOW, THEREFORE, the Eagan City Council hereby proclaims the week of Sunday, May
4 through Sunday, May 11, 1997, as Days of Remembrance in memory of the victims, the survivors and
their liberators, and further proclaims that we, as citizens of the City of Eagan should strive to overcome
intolerance and indifference through learning and remembrance.
Motion made by:
Seconded by:
Those in Favor:
Those Against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15th day of April, 1997.
a�
E. J. VanOverbeke, City Clerk
UN
I T E D �FI�
STATES
HOLOCAUST MEMORIAL MUSEUM
March 21, 1997
Dear Mayor:
"From Holocaust to New Life" is the theme of the 1997 Days of Remembrance which will be
observed throughout the nation from Sunday, May 4 through Sunday, May 11. The United States
Holocaust Memorial Museum, in accordance with its Congressional mandate (Public Law 96-
833, 10/7/80), is leading the country in the annual commemoration.
The theme focuses upon Holocaust survivors who emigrated to the United States after World
War II and, despite tragedy and tremendous losses, made significant contributions to their
communities and to this nation. Choosing life and love rather than revenge and hatred, Holocaust
survivors express a deep sense of gratitude for the freedom and great opportunities that this
country has provided.
We respectfully request that your city join the Museum in observing the Days of Remembrance
through civic commemorations. Observances may take many forms, including a civic ceremony
sponsored by you and/or your town council; a statement or proclamation distributed to your
citizens; or, lectures by Holocaust scholars held in public schools under the sponsorship of your
city's Board of Education or Human Rights office, among many other commemoration
suggestions.
We encourage you to involve the local community in planning your event or activity. There may
be Holocaust survivors and U.S. Army liberators living in your city, as well as civic
organizations, schools, churches, synagogues, Holocaust centers or Jewish Federations that will
offer their services. Should you need further information, please contact Marian Craig at (770)
962-4121 or by fax at (770) 962-8075.
We are grateful for your participation in the Days of Remembrance observations and we look
forward to working with you for a successful nationwide commemoration.
Enclosures
N
Sincerely,
Benjamin Meed
Chairman, Days of Remembrance
A Project of the ust Memorial Council
100 Raoul Wallenberg Place. SW, Washington, DC 20024-2150, Telephone (202) 488-0400, Fax (202) 488-2690
UNITED STATES
HOLOCAUST MEMORIAL MUSEUM
"From Holocaust to New Life"
An Overview
In 1933, more than 9 million Jews lived in continental Europe. Within less than a decade, most
of the countries in which they lived would be invaded, occupied, or annexed by Nati Germany.
Within a dozen years, 2 out of 3 European Jews would be dead, and European Jewish life
changed forever.
Survivors of the Holocaust began arriving in the United States in 1946, streaming into ports like
New York, Boston, San Francisco, and Baltimore over the next 5 years. Altogether, 140,000
Jewish refugees reached U.S. shores, looking forward to a future with both hope and anxiety.
Deported to Auschwitz at 14, survivor Madeline Deutsch arrived in the United States 4 years
later: "And we ... practically everybody I think ... bent down and kissed the good old American
soil because this finally meant freedom. We were finally, after all of these years, free."
Like Deutsch, most of the immigrant survivors were between 16 and 40 years old, the age group
most likely to have survived the Nazis. For them, as for other Jewish survivors, post-war
repatriation was virtually impossible. Most had no place to return to; their families had been
murdered or dispersed and their communities destroyed. Most had lost their homes, businesses,
and all personal possessions. All faced the daunting task of rebuilding their lives in the new
land without money, many without prospects or the necessary language and employment skills,
and perhaps most importantly, without the familial community networks 'so vital in establishing
a new existence.
Survivors turned toward America for a number of reasons. Some had relatives in the United
States; for some, the only family members still living were those who had emigrated before the
War. Their relatives could offer emotional and financial support as survivors rebuilt their lives.
As Wallace Witkowski of Kielce remembers, "I escaped from Poland to Sweden on a coal
freighter on December 31, 1948, and from there I managed to come to the United States within
3 days of my 21st birthday when my non -quota immigrant visa was expiring. So I was lucky
again. I flew from New York to Detroit and looked up my father's name in the telephone
directory ... And called his number. There was no answer, and I stood at the .counter not
knowing what to do and I heard my name. He recognized me from the back."
For others, emigration elsewhere was unfeasible. Before 1948, emigration to Palestine was
difficult, and life as a pioneer in the new state of Israel could be too physically challenging to
refugees worn down by years in camps or on the run. For other survivors, the appeal of the
United States as traditional guarantor of individual freedom and civil liberties outweighed their
anxiety at the resettling in a new country. America as melting pot — a large and ethically
diverse land which preserved a centurys-old tradition of religious freedom -- promised a home
where they might establish roots, fit in, and put the horrors of the past behind them.
A Project of the United States Holocaust Memorial Council
100 Raoul Wallenberg Place. SW, Washington, DC 200 ,Jt7lephone (202) 488-0400, Fax (202) 488-2695
-2 -
David Chase, a Hartford industrialist, described this feeling. "America gave us a home when
we had none. America embraced us when we felt rejected., It gave us a feeling when we were
stateless. ...The initials:D.P. which identified us as Displac6d Persons years ago have taken on
a new meaning. Today 'the letters D.P.-identify us as Delayed Pilgrims. We are proud to be
Americans."
Once in the United States, the difficult struggle of resettlement began in earnest: to learn a new
language, to find housing and employment, to establish families. Lilly Malnick, a 16 -year old
survivor of Auschwitz who married another survivor, recalls "we worked very hard in this
country. We were young. It's true we could not speak the language when we came but we
learned as fast as we could and we built a new family and a new life. America gave me the
opportunity to live as a human being again."
Relatives in France aided some; others were assisted by organizations such as the United Service
for New Americans and the Hebrew Immigrant Aid Society, which helped to settle these new
arrivals as they had earlier generations of Jewish emigrants from the old world. The
organizations could not deal with the wounds of the Holocaust. For that, survivors had to
depend on one another. Many quickly learned that the story of their suffering made others
uncomfortable. Often they were encouraged to "put the past," in which they had lost so much
and in which so few had come to their rescue, behind them. As new citizens of the United
States, survivors developed intense loyalty to and love for their adopted country and the ordinary
freedoms of American life. They succeeded in building new families and new lives, and in
making important contributions to their communities and their nation. In the end, survivors
could not remain silent. As Helen Goldkind explains, "...the reason why I decided to talk about
it is because I really think it is important. I know I cannot bring back my family, my little
brother, the million and a half children that were destroyed, that were gassed, but perhaps
maybe I could reach some people and make them understand that this did happen and it can
happen again if we are not going to be aware of our surroundings."
Quotations excerpted from "The World Must Know", a publication of the United States Holocaust
Memorial Museum.
°30
Agenda Information Memo
April 15,1997 Eagan City Council Meeting
G. FINAL SUBDIVISION - LOCINGTON POINTE TWELFTH ADDITION
ACTION TO BE CONSIDERED:
FACT:
To approve the Final Subdivision for Lexington Pointe Twelfth Addition for 16 lots on 4.32
acres in the NWl/4 of Section 26 located south of Walnut Ridge Drive, East of Sean Court
and north of Walnut Hill Park
Final plans, development contracts and financial guarantees are in order.
ATTACHMENTS: (1)
Plat Map - page 32-
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Agenda Information Item
April 15,1997 Eagan City Council Meeting
H. ADOPT RESOLUTION - BYLAWS & JOINT POWERS AGREEMENT
AMENDMENT - MVTA
ACTION TO BE CONSIDERED:
To approve a Resolution amending the Bylaws and the Joint Powers Agreement for the
Minnesota Valley Transit Authority.
FACTS:
➢ In 1996 the MVTA bylaws were amended and those amendments were adopted by its
Board. The bylaws were amended to reflect the following changes:
Definitions were added to define "party" and "county".
• The Board of Commissioners was defined. It now consists of nine commissioners
rather than seven. Appointments of the Commissioners are also clearly defined.
• The meeting day and time of the Board is defined.
• A quorum consists of five commissioners, four of which must be appointed by a City.
• Action of the Board requires the affirmative vote of a majority of the commissioners at
the meeting. Four of which must be appointed by a City.
• Meetings shall be conducted according to the current edition of Robert's Rules of
Order.
The Board shall act by Resolution for contracts, purchases of buses, motor vehicles, real
estate or leases in excess of five years. As well as Board policies and legal opinions.
• When establishing committees the term Commissioner does not include alternates.
• The executive director shall sign and execute all contracts deeds and other documents
and instruments on behalf of the Authority.
• The executive director is authorized to pay claims incurred in the usual course of
operations without Board authorization to a maximum of $10,000.
➢ The joint powers agreement was amended. Those amendments were adopted by its Board at
the March 26, 1997 Board meeting. The following changes were made to the agreement.
• Wherever "Regional Transit Board (RTB)" was indicated it was replaced with
Metropolitan Council.
• County commissioners alternates may now be a commissioner or a staff member.
• Five (MVTA Board) commissioners shall constitute a quorum.
• A majority vote rather than a unanimous vote is necessary.
• Language was added to require that a Resolution of the Board to purchase buses, motor
vehicles, real estate or lease the same for a period in excess of five years requires the
affirmative vote of two thirds of the commissioners.
ATTACHMENTS: (4)
Resolution - Page
Copy of Staff Mem- age
Copy of the Amended Bylaws - age. S
Copy of the Amended Joint Powers Agreement - Pageq
53
CITY OF EAGAN
RESOLUTION NO. 97 -
APPROVING AMIlVSENDED BYLAWS & AMENDED JOINT POWERS AGREEMENT
OF
MINNESOTA VALLEY TRANSIT AUTHORITY
BE IT RESOLVED, that the City of Eagan approves the amended MVTA Joint
Powers Agreement establishing the Minnesota Valley Transit Authority in the form tha is
before the Council, which is made a part hereof by reference.
BE IT RESOLVED, that the City of Eagan ratifies the Amended Bylaws of Minnesota
Valley Transit Authority in the form that is before the Council, which is made a part hereof by
reference.
Adopted by the City of Eagan this 15* day of April, 1997
Motion made by:
Seconded by:
Those in favor:
Those against:
Those absent:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15'
day of April, 1997.
E. J. VanOverbeke, City Clerk
3
`�
city of eagan
TO: Tom Hedges, City Administrator
FROM: Shannon Tyree, Planner
DATE: April 8, 1997
RE: MVTA Changes to Bylaws and Joint Powers Agreement.
The Minnesota Valley Transit Authority (MVTA) is suggesting the following changes to its
bylaws and its joint powers agreement. The MVTA Board approved the changes to the bylaws in
1996 and approved the Joint Powers Agreement at its March 26, 1997 meeting. As part of the
process each City must approve the changes and adopt them in resolution form. This is scheduled
for the April 15, 1997 City Council meeting. Following is a summary of the changes to each
document.
By Laws
• Definitions were added to define "party" and "county".
• The Board of Commissioners was defined. It now consists of nine commissioners rather
than seven. Appointments of the Commissioners are also clearly defined.
• The meeting day and time of the Board is defined.
• A quorum consists of five commissioners, four of which must be appointed by a City.
• Action of the Board requires the affirmative vote of a majority of the commissioners at the
meeting. Four of which must be appointed by a City.
• Meetings shall be conducted according to the current edition of Robert's Rules of Order.
• The Board shall act by Resolution for contracts, purchases of buses, motor vehicles, real
estate or leases in excess of five years. As well as Board policies and legal opinions.
• When establishing committees the term Commissioner does not include alternates.
• The executive director shall sign and execute all contracts deeds and other documents and
instruments on behalf of the Authority.
• The executive director is authorized to pay claims incurred in the usual course of
operations without Board authorization to a maximum of $10,000.
3s,-
Joh Powers weement.
• Wherever "Regional Transit Board (RIB)" was indicated it was replaced with
Metropolitan Council .
• County commissioners alternates may now be a commissioner or a staff member.
• Five OMA Board) commissioners shall constitute a quonun.
• A majority vote rather than a unanimous vote is necessary.
• Language was added to require that a Resolution of the Board to purchase buses, motor
vehicles, real estate or lease the same for a period in excess of five years requires the
affirmative vote of two thirds of the commissioners.
• Stricken from the document was language stating that "without the unanimous approval of
the Board the Authority shall not purchase buses, motor vehicles, buildings, real estate or
lease the same for a period in excess of S years".
A copy of both the Bylaws and the Joint Powers Agreement will be included as attachments to the City
Council cover sheet.
If further information is required please advise.
BYLAWS OF AENNESOTA VALLEY TRANSIT AUTHORITY
I�•
The name of this organization is the Minnesota Valley Transit Authority-Agmfler
The purpose of this Authority if 4 to provide public transit service for the cities of
Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage,a
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ARTICLE HW
.
BOARD OF COMMISSIONERS.
The governing body of the Authority is its Board which consists of seven
Commissioners.
se oru�ts the:+�xr :fie tem
I.`1141V M��
37
Section 2. All Commissioners are expected to attend regular meetings of the
Authority. Commissioners shall contact the Executive Director prior to the meeting if unable
to attend, and shall notify the alternate Commissioner and request that the alternate
Commissioner attend. Two consecutive absences by a Commissioner, along with the absence
of his or her duly seated alternate from regular meetings shall result in written notification
from the Executive Director under the direction of the Chair to the represented party Or
•• •.•_•.Y tvv
requesting a replacement be made. A notification shall be sent to the
Commissioner's respective city administrator/manager est
who will be requested to bring the matter to hisAer efty eeeneil's�
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s:�rm,s In the event that the Chair and the absentee
member are one and the same, the Vice Chair will then give direction to the Executive
Director to carry out the process as mentioned above.
Section 3. In the absence of the Commissioner, the designated alternate for the
absent Commissioner shall act in the place of the Commissioner with all authority of the
absent Commissioner.
Section 4. Special meetings may be called by the Chair or any two Commissioners
by written or telephone notice to each member of the Board and office of the City
Administrator/Manager of each party and office of the Chair of the County Commission.
Twenty-four hour notice should be given in advance of a meeting.
Section 5. Emergency meetings may be called by the Chair or Executive Director if
the delay needed to call a special meeting would cause serious harm to Minnesota Valley
Transit Authority. Only urgent matters needing immediate attention without delay may be
acted upon in an emergency meeting.
arnat �R_R- �s.:A quorum is necessary for conducting the business of the
Board and exercising its powers.
Section 7. Action of the Board shall require the affirmative vote of €We{ -5
. mgxc.*�^ s r•x•v '- +Js �-.- .. .x,.,.ys*�ny..�ars::.x ;5 }r,.a�,•raanr.•h.aen•. r/+. :.en?YwWoaeaa+.+araarsk •.
ers a rtn yr tv o sl se
Section 8. Meetings shall be conducted in accordance with the provisions of
Robert's. the current edition of
VM_ AM
WOMMIMP q_
The Board may establish standing and/or temporary committees. Committees shall be
comprised of Commissioners] who may call upon staff or outside consultants for
assistance and advice as necessary: " IN only the Commissioners may vote and endorse
final recommendations from these committees.
tsOW
sf� Commissioners shall be appointed to the
committees annually and when necessary, and assignments shall be reviewed at the February
meeting.
ARTICLE
OFFICERS
Section 1. Officers of the Authority shall consist of a Chair, a Vice Chair, a
Secretary, a Treasurer, and such other officers as the Board deems necessary to conduct its
business and affairs. Officers shall be elected at the regular meeting in January of each year
for a term of one year, and shall serve until their successors have been elected and qualified.
The Chair shall be limited to two consecutive one year terms.
Section 2. Chair. The Chair shall preside at all meetings of the Board. The Chair
shall also appoint the members of each standing or temporary committee from among the
members of the Board and may designate a chair of each such committee. The Chair shall
sign and execute all contracts, agreements, deeds, and other documents and instruments made
by or on behalf of the Authority.
Section 3. Vice Chair. In the absence of the Chair, the Vice Chair may exercise all
the duties and powers of the Chair.
Section 4. Secretary. The Secretary of the Authority shall maintain a record of all of
the proceedings of the Board, provided, however, the taldng and preparation of minutes may
be performed by a recording secretary. The Secretary may attest to the signatures or
signature of such officer or officers of the Authority authorized to execute any document or
instrument on behalf of the Authority.
Section 5. Treasurer. The Executive Director shall be the official custodian of all of
the financial records of the Authority under the guidance or direction of the Treasurer.
The Authority may employ an Executive Director who shall have general supervisory
authority over administration over all of the business and affairs of the Authority including,
but not limited to, administration of the transit system or systems provided by the Authority,
contracts for transportation service, marketing and promotion of such services, as well as
recommendations for changes and additions to the transportation services provided. PMe
"_ q €rAettx� >The Executive Director shall have the
care and custody of all funds of the Authority and shall deposit the same in the name of the
Authority in such bank or banks as the Board may select. The Executive Director shall
perform such other duties and functions as may be required from time to time by the Board.
Compensation of the Executive Director shall be established by the Board. The Board may
also employ other persons, from time to time, as determined necessary for the efficient
operation and delivery of transit service.
Section 1. Disbursement of funds shall be by an order drawn by the Chair and the
Executive Director upon the Treasurer. Except when issued for the payment of judgments,
salaries, and wages previously fixed by the Board or by statute, principal and interest on
obligations, rent, and other fixed charges, the exact amount of which has been previously
determined by contract authorized by the Board, and except as provided hereafter, no order
shall be issued until the claim to which it relates has been audited and allowed by the Board.
Upon allowance by the Board, a claim may be paid.
�i 'on .23. When payment of a claim based upon contract cannot be deferred until
the next Board meeting without loss to the Authority through forfeiture of discount
privileges, or otherwise, it may be paid immediately if the iLef� is endorsed for
payment by at least a majority of all members of the Board. The claim shall be acted upon
may- k a at the next ngul Board meeting in -the sme nmftnw as if it md Ile
been paid.
Section 34. Any officer or other agent or employee of the Authority who is
authorized, singly or in conjunction with another or others, to sign checks, drafts, warrants,
warrant checks, vouchers, or other orders on public funds on deposit in a depository bank,
rZ'
may authorize the bank to honor any such instrument bearing a facsimile of that person's
signature and to charge the same to the account upon which drawn as fully as though it bore
his or her manually written signature. Any one or more of all of the signatures upon any
such instrument may be by facsimile as herein provided.
ARTICLE X.
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These Bylaws may be amended at any regular or special meeting of the Board with
the approval of five (5) Commissioners of the Board 10
ate
€sx.,i provided a copy of the proposed amendment has been
furnished to each Commissioner of the Board at least ten (W) days prior to the meeting
subject to ratification of each party.
Motion to Adopt Bylaws:
Motion Seconded By:
Ayes Nayes
ADOPTED as amended Febramy 1 by the Minnesota Valley Transit Authority this _
day of , 1996.
MINNESOTA VALLEY TRANSIT AUTHORITY
BY:
Its Chair
ATTEST
Its aeetifive R4eefefUN""
,..,.;•:,,::"
28697
MVTA JOINT POWERS AGREEMENT
ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY
Amended March 1993, April 1994, March 1997
THIS JOINT POWERS AGREEMENT is by and among the Cities of Apple Valley,
Burnsville, Eagan, Prior Lake, Rosemount, and Savage from hence forth to be known as the
"Cities," municipal corporations organized under the laws of the State of Minnesota. This
Agreement amends aucl rices the "A Joint PoweFs Aenzeatdated irk lamh X993
4 i id ameIIded iA. A"6ri.. 19514_. 17 b- "greeme is made pursuant to the authority conferred
upon the parties by Minnesota Statutes §§ 473.384, 473.388, and 471.59.
WHEREAS, the Cities have completed a Project Study under the Metropolitan Transit
Demonstration Program;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants
contained herein, it is hereby agreed by and among the Cities:
1. Name. The Cities hereby create and establish the Minnesota Valley Transit
Authority.
2. Purpose. The purpose of this Agreement is to provide public transit service
for the Cities pursuant to Minnesota Statutes § 473.388.
3. Definitions.
(A) "AUTHORITY" means the organization created by this Agreement.
(B) "BOARD" means the Board of Commissioners of the Minnesota Valley
Transit Authority.
(C) "COUNCIL" means the governing body of a party to this Agreement.
(D) METR0P0=AN
CQUNCIL" is the olrolitan count as established by
Minnesota Statutes § 4:73.3731 -473.129. ver -9 fe adfnkiister- and
-eyided
(E) "PARTY" means any city which has entered into this Agreement.
(F) "TECHNICAL WORK GROUP" is a committee consisting of one staff
member of each party which shall act as technical advisors to the Board and shall also
serve as the party's alternate commissioner.
4. Parties. The municipalities which are the original parties to this Agreement
are Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage. Additional
Parties may be added by the concurrence of all the existing parties. No change in
governmental boundaries, structure, organizational status or character shall affect the
eligibility of any party listed above to be represented on the Authority so long as such party
continues to exist as a separate political subdivision.
5. Board of Comnussioners.
(A) The governing body of the Authority shall be its Board which will
consist of nine (9) voting commissioners. Each party shall appoint one commissioner,
and one alternate commissioner who shall also serve on the Technical Work Group.
The commissioners from the cities of Burnsville, Eagan, and Apple Valley shall
additionally collectively appoint one commissioner and one alternate. This
commissioner and its alternate shall be appointed by the three commissioners
aforementioned and shall henceforth be known as the "at large commissioner" and the
"at large alternate" respectively, and will be appointed annually at the January
meeting and will be limited to serving four consecutive one year terms. Regiefl
Tfaftsif Be&MWIfrogofi,` ..Cb II members who represent the same cities as the
MVTA, may serve as non-voting ex officio members of the Board of Commissioners.
The Dakota County Board of Commissioners and the Scott County Board of
Commissioners shall each appoint one commissioner and one alternate commissioner.
(B) Commissioners shall be a member of the Council of each parry or its
designee, or for commissioners appointed by Dakota and Scott Counties, be a member
of the Board of Commissioners of the county making the appointment. The at large
commissioner and alternate may or may not be an elected official as to be determined
by the commissioners from Apple Valley, Burnsville and Eagan and reviewed by the
aforementioned commissioners on an annual basis. Alternate commissioners, with the
exception of the at large alternate, shall each be a member of the staff of a party and
shall serve on the Technical Work Group, or for county commissioners, their
alternates slna} be a cornmiss�oner flr staff member of the county making the
appointment. The terms of office of commissioners shall be determined by the party
or the county making the appointment.
(C) A commissioner may be removed by the party or county appointing the
commissioner with or without cause.
(D) Commissioners shall serve without compensation from the Authority.
(F) The Board may adopt rules and regulations governing its meetings.
(G) As the first order of business at the January meeting of each year, the
Board shall elect a chair, a vice chair, a secretary, a treasurer, and such other officers
as it deems necessary to conduct its business and affairs. The current chair shall
facilitate these elections. In the event that the current chair is no longer his/her city's
representative to the MVTA, the Vice Chair shall facilitate the election process. In
the event that both the Vice Chair and Chair are no longer its city's representative to
the MVTA, the board shall decide on another officer or commissioner to preside over
the elections. The newly -elected chair shall then preside over the remainder of
meeting, and all meetings henceforth until a new chair is elected.
6. Powers and Duties of the Authority.
(A) General. The Authority has the powers and duties to establish a
program pursuant to Minnesota Statutes §§ 473.384 and 473.388 to provide public
transit service to serve the geographic area of the parties. The Authority shall have
all powers necessary to discharge its duties.
(B) The Authority may acquire, own, hold, use, improve, operate,
maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment, property,
or property rights as deemed necessary to carry out the purposes of the Authority.
(C) The Authority may enter into such contracts to carry out the purposes
of the Authority.
(D) The Authority may establish bank accounts as the Board shall from
time to time determine.
(E) The Authority may employ an executive director whose duty shall be to
administer- policies as established by the Authority. The executive director shall be an.
employee of the Authority. The Authority may enter into employment contracts with
other personnel and may provide for compensation, insurance, and other terms and
conditions that it deems necessary.
(F) The Authority may enter into a contract for management services.
(G) The Authority may sue or be sued.
(FJ) The Authority shall cause to be made an annual audit of the books and
accounts of the Authority and shall make and file the report to its Members at least
once each year.
(1) The Authority shall maintain books, reports, and records of its business
and affairs which shall be available for and open to inspection by the parties at all
reasonable times.
(J) The Authority may contract to purchase services from any one of the
parties.
7. Operating Costs, Budget, and Financial Liability.
(A) The Authority shall have a fiscal year beginning January 1 and ending
December 31. On or before October 1 of each year, the Executive Director shall
prepare an estimated budget for the next fiscal year including an estimate of
expenditures, operating costs, and revenues. Capital expenditures and operating costs
shall be limited to revenues received pursuant to Minnesota Statutes §§ 473.384 and
473.388, and estimated revenues to be received from operation of the transit system.
The Board shall review and approve or disapprove the budget. The budget may be
adjusted from time to time on the basis of actual costs incurred or changes in
estimated revenue or expenditures. In the event of an adjustment of the budget, there
shall be furnished to each party a computation of the adjustment.
; - a -Z
7. Operating Costs, Budget, and Financial Liability.
(A) The Authority shall have a fiscal year beginning January 1 and ending
December 31. On or before October 1 of each year, the Executive Director shall
prepare an estimated budget for the next fiscal year including an estimate of
expenditures, operating costs, and revenues. Capital expenditures and operating costs
shall be limited to revenues received pursuant to Minnesota Statutes §§ 473.384 and
473.388, and estimated revenues to be received from operation of the transit system.
The Board shall review and approve or disapprove the budget. The budget may be
adjusted from time to time on the basis of actual costs incurred or changes in
estimated revenue or expenditures. In the event of an adjustment of the budget, there
shall be furnished to each party a computation of the adjustment.
(B) The annual financial contribution to the Authority of each parry shall be
the total amount of assistance which each party receives pursuant to Minnesota
Statutes §§ 473.384 and 473.388.
8. Insurance. The Authority shall purchase insurance in such amounts and on
such terms as the Authority shall determine.
9. Duration of Agreement. This Agreement shall continue in force commencing
on January 1, 1991 and as amended ia ApFA, 1994-m March, J'9.00.' ,.:and thereafter from year
to year, subject to withdrawal by a party or termination by all parties. Withdrawal by any
party shall be effected by serving written notice upon the other parties no later than January
10th of the year at the end of which such withdrawal is to be effective. Withdrawal from the
Agreement by any parry at the end of the calendar year shall not affect the obligation of any
party to perform the Agreement for or during the period that the Agreement is in effect.
Withdrawal of any party or termination of the Agreement by all parties shall not terminate or
limit any liability, contingent, asserted or unasserted, of any parry arising out of that party's
participation in the Agreement.
10. Distribution of Assets. In the event of withdrawal of any party from this
Agreement, the withdrawing party shall not be reimbursed. In the event of termination of
this Agreement by all parties, all of the assets which remain after payment of debts and
obligations shall be distributed among the municipalities who are parties to this Agreement
immediately prior to its termination in accordance with the following formula: Each
municipality shall receive that percentage of remaining assets determined by dividing the total
amount of which that municipality contributed to the Authority during the previous five (5)
years by the total amount contributed to the Authority over the previous five (5) years by all
the municipalities who are parties to this Agreement immediately prior to its termination.
The amount of the distribution to any parry pursuant to this Agreement shall be reduced by
any amounts owed by the party to the Authority.
11. Effective Date. This Agreement shall be in full force and effect when all six
(6) initial Members, delineated in paragraph 4 of this Agreement, sign this agreement as
amendedApril, ;:;''I? All Members need not sign the same copy. The signed
Agreement shall be filed with the Executive Director, who shall notify all Members at the
earliest Board meeting of its effective date. Until this Agreement, as amended, is signed by
all Members, the preceding Agreement shall stay intact and in effect.
IN WITNESS WHEREOF, the undersigned government units, by action of their
governing bodies, have caused this Agreement to be executed in accordance with the
authority of Minnesota Statutes § 471.59.
Adopted this day of
CITY OF APPLE VALLEY
By_
Its
, 199. Adopted this of , 199_
CITY OF BURNSVILLE
By
Its
ATTEST: ATTEST:
By By
Its Its
Adopted this day of , 199_. Adopted this of , 199_.
CITY OF EAGAN CITY OF PRIOR LAKE
By By,
Its Its
ATTEST:
By_
Its
Adopted this day of
CITY OF ROSEMOUNT
By_
Its
ATTEST:
By
Its
30252-9=IV39425
ATTEST:
BY_
Its
199_. Adopted this of
CITY OF SAVAGE
By,
Its
ATTEST -
By_
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this day of , 199, before me a Notary Public within and
for said County, personally appeared and
, to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF APPLE
VALLEY, the municipality named in the foregoing instrument, and that the seal affixed to
said instrument was signed and sealed in behalf of said municipality by authority of its City
Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed
of said municipality.
(SEAL)
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
On this day of
for said County, personally appeared
NOTARY PUBLIC
199_, before me a Notary Public within and
and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF
BURNSVILLE, the municipality named in the foregoing instrument, and that the seal affixed
to said instrument was signed and sealed in behalf of said municipality by authority of its
City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and
deed of said municipality.
(SEAL)
IM52-9507=9425
NOTARY PUBLIC
8-7
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA j
On this day of , 199_, before me a Notary Public within and
for said County, personally appeared and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF
EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to
said instrument was signed and sealed in behalf of said municipality by authority of its City
Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed
of said municipality.
(SEAL)
NOTARY PUBLIC
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
On this day of , 199_, before me a Notary Public within and
for said County, personally appeared and
, to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF PRIOR
LAKE, the municipality named in the foregoing instrument, and that the seal affixed to said
instrument was signed and sealed in behalf of said municipality by authority of its City
Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed
of said municipality.
(SEAL)
IM52-95W 12/39425
NOTARY PUBLIC
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
On this day of
for said County, personally appeared
199 , before me a Notary Public within and
and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF
ROSEMOUNT, the municipality named in the foregoing instrument, and that the seal affixed
to said instrument was signed and sealed in behalf of said municipality by authority of its
City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and
deed of said municipality.
(SEAL)
NOTARY PUBLIC
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
On this day of , 199_, before me a Notary Public within and
for said County, personally appeared and
, to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF
SAVAGE, the municipality named in the foregoing instrument, and that the seal affixed to
said instrument was signed and sealed in behalf of said municipality by authority of its City
Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed
of said municipality.
(SEAL)
10252-950712139425
NOTARY PUBLIC
S/
Agenda Information Memo
April 15,1997 Eagan City Council Meeting
L FINAL SUBDIVISION - WESSEL POND ADDMON
ACTION TO BE CONSIDERED:
�- To approve a Final Subdivision (Wessel Pond Addition) consisting of four lots on
approximately 4.5 acres in the SE '/4 of Section 14.
FACTS:
10. The City Council reviewed and approved the Preliminary Subdivision at their
regular meeting on January 2, 1997.
> The Development Contract is signed and in order for execution at the regular City
Council meeting on April 15, 1997.
BACKGROUND/ATTACHMENTS:
Final Subdivision drawing, page.
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Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
J. AUTHORIZATION TO CONDUCT EXCLUDED BINGO
AT THE FOURTH OF JULY CELEBRATION, VALLEY VIEWERS 4H CLUB
ACTION TO BE CONSIDERED:
To approve an application by the Valley Viewers 4H Club to conduct excluded bingo for
up to four days in 1997.
FACTS:
• The Valley Viewers 4H Club typically applies for an exemption from the lawful
gambling license for bingo activities. Such an application costs $25. State law also
provides for such groups to apply for "excluded" bingo authorization at no cost. The
statute provides no indication as to why the application carries this particular title.
ATTACHMENTS:
• Resolution on page 45�r
• Application enclosed without page number.
RESOLUTION
CITY OF EAGAN
APPLICATION FOR AUTHORIZATION TO
CONDUCT EXCLUDED BINGO
WHEREAS, the Valley Viewers 4H Club has applied for authorization to conduct
excluded bingo, and
WHEREAS, the Eagan Police Department has reviewed the application and has not
identified any reason to deny, and
WHEREAS, the Valley Viewers 4H Club has operated bingo games in conjunction
with the Fourth of July celebration since 1988;
NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota County,
Minnesota, hereby approves the authorization to conduct excluded bingo for Valley Viewers 411
Club.
Motion by:
Seconded by:
Those in Favor:
Those Against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15'
day of April, 1997.
E. J. VanOverbeke, City Clerk
�J
Agenda Information Memo
April 15, 1997
ACTION TO BE CONSIDERED: To approve a resolution designating Wescott Hills Drive
from Yankee Doodle Road to Wescott Road as a Municipal State Aid Street and authorize the
Mayor and City Clerk to execute all related documents.
FACTS:
• All municipalities within the State of Minnesota, over 5,000 population, are eligible to share
in 9% of the gas tax revenues. The distribution of these funds is based on a formula that
takes into account both a municipality's proportionate population and construction cost
needs.
• Municipalities are eligible to designate 20% of their local street mileage as a Municipal State
Aid Street which is used to determine the construction needs variable of the funding
allocation formula. As the City of Eagan grows and continues to add additional mileage, the
City can increase its MSAS designations accordingly. As of 1997, the City can designate up
to 1.14 miles of additional MSA streets.
• The Engineering Division has done a detailed analysis of all streets eligible to qualify for
MSAS designation with the highest construction needs. Wescott Hills Drive from Wescott
Road to Yankee Doodle Road (1.11 miles) has total construction needs of $818,000. Based
on the 1997 apportionment formula, this will relate to an additional $21,000 per year of
construction funds.
ATTACHMENTS:
•Location map, page
• Resolution, page
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CITY OF EAGAN
SECTION 14
❑ � ,coc
JAN. 1995
CITY OF EAGAN
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS
WESCOTT HILLS DRIVE
WHEREAS, it appears to the City Council of the City of Eagan that Wescott Hills Drive hereinafter
described should be designated Municipal State Aid Street under the provisions of Minnesota law.
NOW. THEREFORE, BE IT RESOLVED. by the City Council of the City of Eagan that the road
described as follows, to wit:
MSA 129 Wescott Hills Drive Yankee Doodle Rd. (MSA 112) to 1.11 Miles
Wescott Rd. (MSA 106)
be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the
approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two
certified copies of this Resolution to the Commissioner of Transportation for his consideration, and that upon
his approval of the designation of said road or portion thereof, that the same be constructed, improved and
maintained as a Municipal State Aid Street of the City of Eagan, to be numbered and known as MSA 129 -
Wescott Hills Drive.
CITY OF EAGAN
CITY COUNCIL
By:
Mayor
City Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the
foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County,
Minnesota, in a regular meeting thereof assembled this Il Wh day of April, 1997.
E.J. VanOverbeke
51
Agenda Information Memo
April 15, 1997
ACTION TO BE CONSIDERED: Approve multiple construction and maintenance
agreements with Dakota County for Project 695 (Yankee Doodle Road & 35E) and authorize the
Mayor and City Clerk to execute all related documents.
FACTS:
• With the approval and development of the Eagan Promenade at Denmark & Yankee Doodle,
major roadway expansion and modification improvements had to be performed to the Yankee
Doodle corridor and its interchange with 35E. These improvements had to be completed by
November 1, 1996.
• Dakota County could not accelerate their Capital Improvement Program to accommodate this
schedule. Subsequently, the City of Eagan became the lead agency in designing and
contracting for these public improvements.
• In order to receive reimbursement from Dakota County for these County road improvements,
it is necessary to enter into various cooperative agreements for 1) roadway design and
construction; 2) traffic signal installation; and 3) traffic signal maintenance.
• The Public Works Director has reviewed all agreements and found them to be in
conformance with the Transportation Policy Plan adopted by Dakota County on November 4,
1996.
• The Council approval of these agreements will allow the City to bill Dakota County for
reimbursement of their jurisdictional responsibility.
sy
Agenda Information Memo
April 15, 1997
u_ • 1=9 1 : Woil
ACTION TO BE CONSIDERED: To approve Change Order #1 for Contract 95-12
(Deerwood Reservoir) and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• Contract 95-12 provided for the construction of the 4.0 MG water reservoir on Deerwood
Drive near I -35E during 1996.
• The City Council also authorized the installation of a City logo on this reservoir which must
be completed prior to filling the tank with water due to condensation.
• Due to the ongoing construction related activities of trunk watermain construction and
personal communication system (PCS) antenna facilities, the final tank cleaning will have to
be delayed until the Fall of 1997 resulting in additional mobilization costs associated with
this Change Order. (Add $4,000)
u 1"k, 1weld 11111: 1j Kola• _ 411W.1 11130
ACTION TO BE CONSIDERED: To receive a petition to vacate common lot line drainage
and utility easements for Outlots C & D Lone Oak Addition and schedule a public hearing to be
held on May 6, 1997.
FACTS:
• The United States Postal Service (USPS) Internal Auditing & Operations Center (IAOC) is
presently replatting Outlots C & D of the Lone Oak Addition to accommodate the new
facility.
There currently exists a public drainage and utility easement dedicated over the common lot
line of Outlots C & D which must be vacated to facilitate the proposed replat.
• The staff has received an application for such a vacation. The application has been reviewed
for completeness and is deemed appropriate for the Council to schedule a public hearing to
formally consider this request.
ATTACHMENTS:
• Location map, page � 1 .
• Easement graphic, page (-* Z
City of eagan
PUBLIC
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Agenda Information Item
April 15,1997 Eagan City Council Meeting
/;1 T`1
ACTION TO BE CONSIDERED:
➢ To approve a request for a one year extension of the Preliminary Subdivision and Preliminary
Planned Development for Eagan Woods Office Park god Addition (OCB Realty Inc.).
FACTS:
The Preliminary Subdivision Eagan Woods Office Park god Addition was approved at the
May 15, 1995 City Council meeting. A Preliminary approval is valid for one year.
➢ A one-year extension of the Preliminary Subdivision was granted in 1996 until May 15, 1997.
ATTACHMENTS: (2)
Extension request letter age .
Plat Map - page.
B R W INC.
Planning
Transportation
Engineering
Urban Design
Thresher Square
700 Third street So.
Minneapolis,
MN 55415
612/370-0700
Fax 612/370-1378
Denver
Milwaukee
:Minneapolis
Newark
Orlando
Phoenix
Portland
San Diego
Seattle
March 19, 1997
Ms. Shannon Tyree
Project Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
RE: Preliminary Planned Development and
Preliminary Subdivision Plat for
Eagan Woods Office Park 2nd Addition
Dear Ms. Tyree:
As you are aware, OCB Realty Company received formal approval from the Eagan City
Council on May 15, 1995 for Preliminary Planned Development and Preliminary
Subdivision Plat Approval for Eagan Woods Office Park 2nd Addition. OCB Realty
Company was granted a one year extension of the Preliminary Subdivision Plat at the
City Council Meeting on April 2, 1996. During the summer of 1996, OCB Realty
Company completed the storm sewer improvements as required by Conditions No. 5 and
12. OCB Realty Company does not plan on proceeding this year on the Final
Subdivision Plat or Final Development Plans for any of the lots of Eagan Woods Office
Park 2nd Addition.
On behalf of OCB Realty Company, I am formally requesting that the City of Eagan City
Council grant a one-year extension for submittal of the Final Subdivision Plat for Eagan
Woods Office Park 2nd Addition. The required submittal date would be changed from
May 15, 1997 to May 15, 1998.
If you have any questions, or need additional information concerning this request, please
give me a call at (612) 373-6430.
Sincerely,
BRW, INC.
'�;omas J. Lin oln, E
Project Manager
cc: H. Thomas Mitchell/OCB
Dale Beckmann/BRW
Keith Dahl/BRW
Jeff Ramberg/BRW
File 2423A02
RECEIVED MAR 2 0 i.927
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Agenda Information Memo
April 15,1997 Eagan City Council Meeting
P.
PLASTICS]
ACTION TO BE CONSIDERED:
To approve a Final Subdivision and Final Planned Development for Resource Plastics allowing a
plastics recycling facility on Lot 1, Block 1, Gopher Eagan Industrial Park 3T Addition.
FACTS:
The Preliminary Subdivision and Preliminary Planned Development were approved by
the City Council at its regular meeting on December 16, 1996.
A Development Contract, Final Planned Development Agreement, and Financial
Guarantees have been reviewed and are in order. These items will be ready for execution
on Tuesday, April 15.
BACKGROUND/ATTACHMENTS: (1)
Plat Map, page
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Agenda Information Memo
April 15, 1997
Q. RESIGNATION OF TIM CALLISTER FROM THE ADVISORY PARKS,
RECREATION AND NATURAL RESOURCES COMMISSION
ACTION TO BE CONSIDERED:
To accept the resignation of Tim Callister from the Advisory Parks, Recreation and
Natural Resources Commission.
FACTS:
• Staff is in receipt of correspondence from Tim Callister who has served as a member
of the Advisory Parks, Recreation and Natural Resources Commission since January
1996. Mr. Callister's term was to expire in January 1998.
Randall Ahern's resignation from the APRNRC was accepted at the March 18, 1997
City Council meeting and alternate member Jerry Farlee was appointed to fill the
remainder of his term. As a result of this resignation, an advertisement was placed in
the local newspapers and individuals who had previously expressed an interest in
serving on the APRNRC were contacted regarding the vacancy.
As a result of these resignations, it will be necessary for the City Council to appoint
two members to the APRNRC. One appointment will be for a full member and the
term will expire on December 31, 1997. The other appointment will be for an
alternate member and that term will also expire on December 31, 1997. To date, two
applications have been received and they will be provided to the City Council, along
with any additional applications that are submitted, for consideration at the May 6,
1997, City Council meeting.
ATTACHMENTS:
Mr. Callister's correspondence on page
APR B 197 14:43 FROM AIRPORT COMMISSION PAGE.002
April 7, 1997
Mr. Ken Was
Director of Parks and Recreation
City of Eagan
3830 Pilot Knob Road
Eagan, MN. 35122
Dear Ken,
This letter wig serve as my resignation from Eagan's Parks, Recreation and Natural
Resources Commission for which I have been a member since January 1690. Shortly
after being appointed to the Commission a change In my job duties made it difficult for
me to spend enough time to learn about the individual Issues and contribute
meaningfully. it has also beeoma harder to schedule time to attend meetings on a
regular basis without It affecting other responsibilities.
Although I was only a member for a short time, the vast number of Issues that the
Commission deals with in oonjunction with interosted parties, city staff and the Council
provided a great loaming experience for me about the oommunity that 1 Ove in. I
believe that this and other Commissions are great avenues for those citizens of Eagan
who want to be Involved in the future dirsaon of their community.
1 apprydate being appointed to the commission and the great support from you and
your)jteff. If I can be of help In any way please let me know.
Tim C. Callister, A.A.E.
1-95X
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61 726 5527
** TOTAL PAGE.002 **
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Agenda Information Memo
April 15, 1997
• r.•; 691 M131
ACTION TO BE CONSIDERED: To acknowledge completion of Contract 93-V (Hawthorne
Woods 3'd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to
warranty provisions.
FACTS:
• Hawthorne Woods 3id Addition is a single-family residential cul-de-sac located west of
Highway 3 and south of Diffley Road (County Road 30).
• The installation of public streets and utilities was installed privately by the developer under
the terms and conditions of the development contract agreement for the Hawthorne Woods 3rd
Addition (93-V).
• The installation of these facilities has been completed in accordance with the detailed
plans/specifications and City standards, verified by representatives of the Public Works
Department and determined to be ready for favorable Council action of formal acceptance for
perpetual City maintenance subject to the warranty conditions of the development contract
agreement.
401D
Agenda Information Memo
April 15,1997 Eagan City Council Meeting
S. AMEND DEVELOPMENT CONTRACT - EAGANDALE CORPORATE
CENTER IST ADDITION
ACTION TO BE CONSIDERED:
To approve an Amendment to the Development Contract to reference revised grading plans and
extend grading completion dates for Eagandale Corporate Center I' Addition located east of
Lexington Avenue and approximately one quarter mile north of Yankee Doodle Road.
FACTS:
The final subdivision for Eagandale Corporate Center I' Addition was approved by the
City Council at its regular meeting on October 15, 1996.
• The Developer is requesting a revision to the approved grading and erosion control plans
to reflect grade changes specifically in the areas of Lots 1-5, Block 3, to accommodate
specific users for those lots.
• Due to the revised grading plan, the Developer is also requesting an extension of the
completion date for grading associated with the revised grading plan. The original
completion date stipulated was July 1, 1997. The developer is requesting an extension
until August 15, 1997.
• Staff has reviewed the revised plans and found them acceptable. This extension should
not have an adverse impact on City Project 688 - Eagandale Corporate Center Street and
Utility Improvements.
BACKGROUND/ATTACHMENTS (2)
Letter of Request from Developer's representative, pag
Eagandale Corporate Center Final Plat Map, page.
I (
04/10/1997 09:26
MEMO TO:
FROM:
DATE:
3379220
3379220
JOHN G HOESCHLER
John G. Hoeschler, P.A.
Attorney
420 Pillsbury Center. 200 South Sixth Street
Minneapolis, Minnesota 55402-1403
(b 12) 337-9292 (Pax) 337-9220
FAX MEMORANDUM
John Gorder
Jack Hoeschler
April 10, 1997
(e,81- 4/44y)
Amendments to Eagandale Corporate Center Development
Agreement
PAGE 01
This is to formally request that the Development Agreement dated October 15,
1996, between the City of Eagan and Maplewood Acres, Inc., be amended as follows:
1. Amend the completion dates in paragraph 6 to read as follows:
Pond Easement Boundary Signs
August 1, 1997
Erosion & Sediment Control Measures
Completed
Site Grading (outside of R/W and Public Easements)
August 15, 1997
All Lot Corners
August 15, l 997
Grading of Neil Armstrong Blvd. R/W
October 22, 1996
Grading of Aldrin Drive R/W
April 15, 1997
Grading of Utility Easement Upon Parcel 010-51
May 15, 1997
2. Amend the Mass Grading Plan as reflected in Valley Engineering plans
dated April 4, 1997.
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EAGAN CITY COUNCIL
April 15, 1997
CONSENT AGENDA
T. Approve Contract with Dakota County Community Corrections
for Sentence to Service (STS) Labor
FOR COUNCIL ACTION
To approve Contract with Dakota County Community Corrections for Sentence to
Service (STS) labor.
FACTS
• The City has used the STS program since the late 1980's
• The STS crew sare made up of individuals who have been charged with misdeamors
or minor offenses and have been sentenced to perform community services by the
court system.
• The City of Eagan contract amount for 1997 is $7,000, which pays for supervision
of work crews.
• In 1996, 81 crew days were spent in Eagan representing approximately 4,020
crew hours; or about $1.65 per hour.
• Crews are assigned to a variety of work projects that are labor Intensive such as
sodding, storm -damage clean up, trash pick up, landscaping projects, and painting.
CONCERNS/COMMENTS
There are no concerns for this contract. The work performed by the crews saves
significant man power resources. The STS program was invaluable during last year's
sever storm damage clean up.
EAGAN CITY COUNCIL
April 15, 1997
CONSENT AGENDA
U. A rove Arreement with Dakota Hills Middle School
for Field Maintenance
FOR COUNCIL ACTION
To approve the agreement with Dakota Hills Middle School for field maintenance.
BACKGROUND
Staff has been working with school administrators at Dakota Hills Middle School
regarding the care and maintenance of school fields. During the summer months, the
City assigns the school fields to the local athletic association for their use with the City
providing routine dragging operations. This long standing cooperative agreement
lessens the burden on the City to provide additional fields for youth play. This new
agreement Intensifies the work to be performed on the school fields during school and
non -school periods. Not all maintenance will be done by City staff. Those functions
better handled by school staff will remain the school's responsibility. The City will be
reimbursed based on the approved 1997 fee schedule.
FACTS
• The Advisory Parks Commission has reviewed this issue at it's past two meetings
and have recommended approval.
■ This item was part of the packet of Information previously provided to the Council
at the joint Commission/Council workshop on March 17.
• The agreement defines those tasks that the Parks Maintenance staff are most
proficient In and can do quicker, cheaper and better then inexperienced school
staff.
• The agreement Is for a two year period, allowing time for both parties to evaluate
the success.
CONCERNS/COMMENTS
Staff has some concern regarding stretching existing staff too thin to take on additional
responsibilities; particularly If this program were to be expanded. Clearly, this is a win,
win, win situation for the community. Teams benefit from having better playing
conditions, the school benefits by having field operations performed better and
cheaper, the city benefits by being reimbursed for task performed and for decreasing
the pressure to provide additional playing facilities.
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
V. RECOMMENDATION AIRPORT RELATIONS COMMISSION
COMMENTS TO FEDERAL INTERAGENCY COMMITTEE
ON AVIATION NOISE
ACTION TO BE CONSIDERED:
To approve a recommendation by the Airport Relations Commission to submit comments
to the Federal Interagency Committee on Aviation Noise (FICAN) public forum which is
to be held on Tuesday, May 13, 1997 at the Thunderbird Hotel in Minneapolis.
FACTS:
FICANI will hold a public forum in the Twin Cities to correspond with the 1997
Conference of the American Association of Airport Executives. The City has
previously submitted written comments to federal committees. The availability of the
Committee in the Twin Cities area permits more participation by residents and
interested agencies locally.
ATTACHMENTS:
• FICAN correspondence on page
• Staff memorandum of Commission recommendation on pages through.
r,41` DEPARTMENT OF THE NAVY
NAVAL FACILITIES ENGINEERING COMMAND
200 STOVALL STREET
ALEXANDRIA. VA 22332 2300 IN RCr�• RErER 7p
March 3, 1997
On behalf of the Federal Interagency Committee on Aviation Noise (FICAN), I would like to invite
you to attend our fourth public forum, which will be held on May 13, 1997, in Minneapolis,
Minnesota.
The main objectives of FICAN are: (1) to provide information to the public on aviation noise
research projects conducted by Federal agencies, (2) to solicit input from the general public and
technical community regarding the direction of Federal researchers to share research goals and
results. The public forum aims to satisfy the second of these goals.
The Minneapolis site was selected with the intention of attracting attendees of the 1997 American
Association of Airport Executives (ARAE) Annual Conference, which will be held in Minneapolis
that same week. We hope other members of the general public, aviation, and technical
communities Ail] join us, as well.
We expect the format of the public forum to include brief presentations by agency researchers on
the status of aviation noise research, followed by public comment. Commenters will be requested
to nota, the Committee by April 30, in order to allow organizers sufficient time to schedule all
presentations. The forum veil] be held at the Thunderbird Hotel in Bloomington, 2201 E. 78th
Street, from 1:00 p.m. to 9:00 p.m. We intend to structure the presentations in two sessions: the
first session will run from 1:00 p.m. to 4:00 p.m. and cover technical issues, including noise
reduction technologies, and noise modeling issues; the second session will run from 6:00 p.m. to
9:00 p.m. and «ill cover aviation noise effects, land use compatibility, and public information
programs. More detailed information on the research projects is available in the FICAN report,
Status Report on Aviation Noise Research Conducted by U.S Federal Agencies, copies of which
are available through FICAN's contractor, Harris Miller Miller & Hanson Inc.
Further information on the public forum gill be published in the Federal Register in April. Please
contact Mary Ellen Eagan at (617) 229-0707 if you have any questions about the public forum, or
would like to submit a comment at the meeting.
We look forward to your participation in the public forum.
Sincerely,
n
Alan Zusmarl
Chairman, FI AN
city of eagan
TO: City Administrator Hedges
FROM: Jon Hohenstein, Assistant to the City Administrator
DATE: April 9, 1997
MEMO
SUBJECT: Federal Interagency Committee on Aviation Noise (FICAN)
Comments
The City has received notice that the FICAN will hold a public forum in Minneapolis on
May 13 at the Thunderbird Hotel. Interested parties and agencies are invited to hear
presentations and make comments at the forum. At its meeting of April 8, the Airport
Relations Commission recommended that the City Council consider addressing
comments to FICAN at that time.
FICAN focuses on research concerning such things as aircraft noise reduction
technologies, noise modeling, aviation noise effects, land use compatibility and effective
public information programs. As such, they are not necessarily a body which addresses
"policy" or local operations issues. Even so certain of the technical issues obviously
relate to policy. With that preface, the following list of comments was recommended by
the Commission for Council consideration. The comments reflect previous policy
statements by the City.
Noise Abatement Departure Profiles - Current FAA policy calls upon airlines to
define a distant and close -in departure procedure for all aircraft types and permits
airports to select which of the procedures are to be used from each runway end. Both
of the procedures, as defined by most airlines, involve reductions in climb rate at
certain altitudes. Certain distant communities and some others with large areas of
noise compatible land use may be better served by departure procedures which
eliminate such climb reductions or implement them later in the take off procedure.
Since distance from the noise source is among the key factors in determining its
impact, research regarding the noise abatement effectiveness and operations and
maintenance consequences of more aggressive departure procedures would be
valuable for communities and the industry.
Ldn 65 Standard and Methodology - The Ldn 65 standard is extremely controversial.
Supporters argue that it may not be perfect, but it is the best indicator we have of the
significance of noise nuisance. Noise impacted communities are always interested in
finding a better indicator. Even if that is not possible, two issues ought to be
considered. First, the Schultz curve used in determining nuisance levels is based on
surveys of individual responses. These surveys should be regularly updated and
validated because changes in the nature of the noise environment has the potential to
change responses. A related second point is that noise impacted residents are
beginning to note that with the decline in single event noise levels and the continued
growth of operations, the repetition of overflights has become bothersome at greater
distances from airports. Even if Ldn remains the most appropriate metric to quantify
noise impacts over periods of time, research may indicate that the nuisance level at
different Ldn levels is changing over time. There may be validity for the federally
recognized level of nuisance to be at 60 Ldn or even lower.
Land Use Compatibility - In addition to noise abatement departure profiles, cities
which have provided areas of noise compatible land use are interested in other
operations or air traffic control procedures which will effectively contain noise
impacts within those areas. In the case of the City of Eagan, the City is actually
penalized for its foresight in planning compatibly for the airport because air traffic
priorities place the majority of all operations over not just the commercial areas of the
City, but the residential ones as well. If the federal government is going to continue
to encourage compatible land use as the means for local governments to participate in
the noise abatement effort, operational means must be found to further minimize
impacts adjacent to but outside of the noise compatible areas. FICAN can be
effective in undertaking studies in this regard.
Aviation Noise Effects - The noise abatement community and others have long
debated the potential health effects of extended noise exposure. Definitive research in
this area could better inform federal, state and local decision making about capacity
growth and the actual costs to airport neighbors.
Source Noise Reduction - Encouragement of further means of source noise reduction
will be essential to the continued growth of the airline industry. While the definition
of actual Stage IV standards may occur at some time in the future and ultimate fleet
conversion to such technologies would occur after that, continued study may offer
some benefits to not only the noise affected community, but to the efficiency of the
industry as well. Study should focus not only on engine noise which is significantly
reduced in Stage III aircraft, but on airframe noise as well.
Compensation for Noise Impacts - As a part of the recently concluded Dual Track
Airport Planning Process in Minneapolis -St. Paul, considerable discussion revolved
around tools for community stabilization and receiver -based noise mitigation
strategies in areas of continued and expanding operations impacts. As demand for
capacity growth continues, communities would benefit by a broad based study of
successful means of noise abatement and noise impact compensation. These may
include expansions of Part 150 programs, graduated sound insulation programs,
purchase assurance programs, preferential tax programs, direct compensation,
additional tools for redevelopment to noise compatible land uses and other concepts.
AN&
To indicate the range of alternatives which may be explored in this regard, one of the
factors identified by a study in the Twin Cities that would respondents indicated
would reduce annoyance with aircraft noise is direct benefits from such noise in the
form of free airline tickets. It would appear that further research of innovative noise
compensation alternatives would be worthwhile to all noise impacted communities.
If the Council approves these comments they will be prepared for submission to FICAN
and the Committee will be notified of the City's intention to present at the meeting on
May 13.
Agenda Information Memo
April 15, 1997
W. APPROVE ARBOR DAY RESOLUTION
ACTION TO BE CONSIDERED:
To approve the Arbor Day Resolution setting Saturday, May 3 as Arbor Day and May,
1997 as Arbor Month in the City of Eagan.
BACKGROUND
Eagan has received the Tree City USA community designation from the National Arbor
Day Foundation. Each year the Parks and Recreation Department conducts an Arbor Day
Program which includes participation in a tree planting project. This year the event will
be held at Blackhawk Park.
FACTS:
• Eagan has been a Tree City USA community since 1988.
The Resolution was recommended for adoption by the Advisory Parks, Recreation
and Natural Resources Commission.
Recognition as a Tree City is based on efforts by the City to promote tree planting in
the Community and the Resolution demonstrates that effort.
The City, in order to promote tree planting, also sponsors a tree sale with over 700
trees sold this year.
ATTACHMENT:
A proclamation of Eagan Arbor Day and Eagan Arbor Month on page 3 .
CITY OF EAGAN
RESOLUTION
A PROCLAMATION OF EAGAN ARBOR DAY
AND EAGAN ARBOR MONTH
WHEREAS, trees are a most valuable resource in the state of Minnesota and City of Eagan -
purifying our air and water, helping conserve our soil, serving as recreational settings, providing habitat for
wildlife of all kinds, and enriching our lives in so many important ways; and
WHEREAS, pollutants, tree diseases, and urban expansion have damaged and continued to
threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the
future of our City's ubran forests; and
WHEREAS, each year the people of Minneosta pay special attention to the wonderful gift that
our trees represent and dedicate themselves to the continued health of our state's trees; and
WHEREAS, the City of Eagan has been recognized, for the eighth consecutive year, as a Tree
City USA community by the National Arbor Day Foundation and desires to continue its tree -planting programs,
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim
Saturday, May 3, 1997 to be ARBOR DAY and the month of May, 1997 to be ARBOR MONTH in the City of
Eagan.
BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become
more aware of the importance of trees to the well-being of our community; and to participate in City tree planting
programs which will ensure a greener place for our citizens to live in the decades to come.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
k: larborres.97
CITY OF EAGAN
CITY COUNCIL
By:
Its Chair
By.
Its City Clerk
Agenda Information Memo
April 15,1997, Eagan City Council
X. FINAL PLAT - EAGANDALE CENTER INDUSTRIAL PARK NO. 14
(HOMESTEAD VILLAGE)
ACTION TO BE CONSIDERED:
> To approve or deny a Final Plat to consolidate two lots into one for 3.96 acres at the
southeast corner of I -35E and Lone Oak Road on property currently platted as Lots 1 and 2,
Block 1, Eagandale Center Industrial Park No. 9, located in the northeast'/4 of Section 10.
FACTS:
> The site is approximately 4 acres in size. This plat consolidates two existing lots into a single
lot. Easements previously on the existing plat have been vacated where necessary. New
drainage and utility easements and additional right of way for Lone Oak Road are being
dedicated with this plat.
> The developer plans to construct a three-story hotel (Homestead Village) on this site and the
City Council approved a Preliminary Planned Development for the hotel earlier this year.
ATTACHMENT, S:
Plat, page
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Agenda Information Memo
April 15, 1997
ACTION TO BE CONSIDERED: To close the public hearing and approve/modify/deny
Project 707 (TH 149 & Lone Oak Parkway - Signalization) and if approved, authorize the
preparation of detailed plans and specifications.
FACTS:
• In response to a petition submitted by the United States Postal Service (USPS), the City
Council authorized the preparation of a feasibility report defining the scope, cost and
financing for the installation of a traffic control signal on TH 149 at the intersection with
Lone Oak Parkway.
• On March 18, the City Council received the feasibility report and scheduled a public hearing
to be held on April 15.
• In accordance with Condition #6 of the preliminary subdivision approval for the Lone Oak 3'
Addition, the Council stipulated that all costs associated with this public improvement would
be the responsibility of the USPS.
• All notices were published in the legal newspaper and sent to representatives of the USPS
informing them of this public hearing. As of this date, staff has not received any objections
to this proposed improvement.
ATTACHMENTS:
• Feasibility report, pages through Z
• Notification letter, pages �� and O
mar
t
Trunk Highway 149
at Lone Oak Parkway
Feasibility Report for Traffic Signal -
Eagan
Minnesota
City Project No. 707
S.A.P. No. 195-010-02
SEH No. A-EAGAN9609.00
March 18, 1997
Trunk Highway 149
at Lone Oak Parkway
Feasibility Report for Traffic Signal
Eagan
Minnesota
City Project No. 707
S.A.P. No. 195-010-02
SEH No. A-EAGAN9609.00
March 18, 1997
I hereby certify that this Report was prepared by me or under my direct
supervision, and that I am a duly Registered Professional Engineer
under the laws of the State of Minnesota.
Date: March 18, 1997 Reg. No.: 20943
Reviewed by: �, 3110C4 9 7
SEM` Date-
Reviewed
ateReviewed by: —3
Public Works Dept. Date
Reviewed by: 3.18 do
*FiceDept. Date
Short Elliott Hendrickson Inc.
3535 Vadnais Center Drive
200 SEH Center
St. Paul, Minnesota 55110
(612) 490-2000
March 18, 1997
3535 VADNAIS CENTER DRIVE, 200 SEN CENTER, ST PAUL, MN 55110 612490-2000 800325-2055
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mayor and City Council:
RE: Eagan, Minnesota
Feasibility Report for Traffic Signal
Trunk Highway 149 at Lone Oak Parkway
City Project No. 707
S.A.P. No. 195-010-02
SEH No. A-EAGAN9609.00
Enclosed is our report for the Trunk Highway 149 at Lone Oak Parkway traffic signal, City Project
No. 707.
The report discusses the proposed traffic signal installation and presents cost estimates for this
improvement. In addition, financial information has been included.
We would be pleased to meet with you at your convenience to discuss this report.
Sincerely,
Thomas A. Sohrweide, P.E.
SHORT ELLIOTT
HENDRICKSON INC. MINNEAPOLIS, MN ST. CLOUD. MN CHIPPEWA FALLS, WI MADISON, W1 LAKE COUNTY, IN
EOUALOPPORT LOYER
Table of Contents
Certification Page
Letter of Transmittal
Table of Contents
Page
Introduction....................................................... 1
Scope...................................
Feasibility and Recommendations ..................................... 2
Justification....................................................... 2
Proposed Improvements ............. 2
Easement/Permits ................................................. 3
CostEstimate ..................................................... 3
Financing........................................................ 3
Project Schedule .................................................. 4
List of Appendices
Appendix A
Preliminary Cost Estimates
Appendix B
Preliminary Financing Spreadsheet
Appendix C
Exhibits
Exhibit 1 - Location Map
Exhibit 2 - Financing Area Map
Appendix D
Signal Justification Report
Trunk Highway 149 at Lone Oak Parkway A-EAGAN9609.00
Eagan, Minnesota Page i
March 18, 1997
Feasibility Report for Traffic Signal
Trunk Highway 149 at Lone Oak Parkway
Eagan, Minnesota
Introduction
The traffic signal installation is proposed at _ the intersection of Trunk
Highway (TH)149 and Lone Oak Parkway. TH 149, also known as Dodd
Road, is a divided four lane "A" Minor Arterial -Reliever roadway with
separate left and right turn lanes at Lone Oak Parkway. TH 149 in this
area is a major roadway providing a connection between two principal
arterials, TH 55 and I-494.
Lone Oak Parkway intersects TH 149 approximately 2,000 feet south of
the I-494 eastbound entrance/exit ramp and approximately 1,200 feet
north of TH 55. To the east of TH 149, Lone Oak Parkway is a divided
four lane collector street which provides direct access to an office park
area which includes Northwest Airlines, Cray Research, several office
buildings, and the proposed U.S. Postal Service facility. To the west of
TH 149, a two lane service road provides direct access to an area of light
industrial use.
The City and the Minnesota Department of Transportation (MnDOT)
considered the installation of this traffic signal in 1994, when a traffic
signal was installed at TH 149/Northwest Parkway approximately
800 feet north of Lone Oak Parkway. The signal was not installed at that
time due to lack of justification and pending development which would
provide that justification.
This report covers the improvements of the signal system at the
intersection of TH 149 and Lone Oak Parkway, and includes estimated
costs and financing.
Scope
This project provides for the installation of a traffic signal at the
intersection of TH 149 and Lone Oak Parkway. Exhibit 1 illustrates the
project area.
A-EAGAN9609.00
Page 1
Also included is the installation of interconnection of this traffic signal
with the existing traffic signals at TH 149/Northwest Parkway and
TH 149/TH 55 north leg.
Feasibility and Recommendations
This project is necessary to provide safe and convenient access to the
intersection of TH 149/Lone Oak Parkway for traffic which will be
generated by the development of a new U.S. Postal Service facility.
This project is cost effective because traffic signal installations are an
accepted practice to provide safe and convenient access to an intersection.
With the volume of traffic that will access the intersection after the
development of the U.S. Postal Service facility, safety could easily be
compromised if a full access intersection were maintained and a traffic
signal was not installed. To provide safety with increased traffic volume
and no traffic signal, would require modifications to the geometrics of the
intersection. These modifications would prohibit turning movements and
would reroute traffic to other locations, thereby increasing travel time,
distance, energy consumption, and pollution.
This project is feasible from an engineering standpoint because this is a
standard type of improvement for an intersection.
It is recommended that the traffic control signal system project be
installed as proposed in this report.
Justification
Installation of the traffic signal is justified based on the warrants
established by the Minnesota Manual and Uniform Traffic Control
Devices (MMUTCD). This justification is included in Appendix D.
Proposed Improvements
It is proposed to install a permanent full traffic actuated traffic control
signal system with overhead mast arm mounted signal indications for
each approach and protected left turn phasing for northbound and
southbound TH 149. It is also proposed to install an emergency vehicle
preemption (EVP) at this intersection. Traffic signals exist on TH 149 to
the north of this intersection at Northwest Parkway/Blue Gentian Road
and to the south at TH 55. Hardwire interconnection with both of these
intersections is proposed.
Trunk Highway 149 at Lone Oak Parkway A•EAGAN9609.00
Eagan, Minnesota1P Page 2
Easement/Permits
All work will be done in the public right-of-way. No additional easements
will be necessary.
It is anticipated that a MnDOT permit will be required for the
coordination installation on this project.
Cost Estimate
Detailed cost estimates are located in Appendix A. The estimates are
based on anticipated 1997 construction costs and include a 10 percent
contingency and indirect costs of 35 percent which include legal,
administration, engineering, and bond interest. A summary of these costs
are as follows:
• Traffic Signal .................................. $187,710
• EVP System ..................................... 10,100
• Interconnect ..................................... 27.770
Total ....... $225,580
Financing
Financing will be provided by the benefitted properties in accordance
with City of Eagan Council action. A preliminary financing spreadsheet
is included in Appendix B.
The properties shown on Exhibit 2 will be responsible for 100 percent of
the costs of this improvement. Each property will be responsible for
50 percent of the project based on contractual agreements for the approval
of the U.S. Postal Service development.
MnDOT does not have funds available to finance signalization
improvements that only meet the warrants based on projected traffic from
a specific development proposal. Subsequently, there will be no MnDOT
participation. .
Based on the terms of the Development Contract Agreement, there will
be no City cost participation, as all costs will be the responsibility of the
U.S. Postal Service.
Trunk Highway 149 at Lone Oak Parkway A-EAGAN9609.00
Eagan, Minnesota Page 3
Project Schedule
Present Feasibility Report City Council/
Order Public Hearing .......................... March 18, 1997
Public Hearing ................................ April 15, 1997
Approved Plans and Specifications ................. June 3, 1997
Award Contract ................................ July 15, 1997
Traffic Signal Operational ................... December 12, 1997
Project Completion ...................... . ..... June 26, 1998
Final Cost Report ............................... July 31, 1998
Final Cost Hearing ......................... September 1, 1998
Trunk Highway 149 at Lone Oak Parkway A-EAGAN9609.00
Eagan, Minnesota Page 4
Appendix A
Preliminary Cost Estimates
gs
Preliminary Cost Estimate
TH 149/1 -one Oak Parkway Signal
City Project No. 707
Item
Est.
Est.
Est.
oty.
Unit Price
Total Cost
rat#€c��Signai`�rstetn�I'M =W�
PA90 Foundation
2
1. $1,200
$2,400
PA100 Foundation
2
1,500
3,000
PA90-A-25-D40-9
1
7,000
7,000
PA90-A-30-D40-9
1
7,500
7,500
PA100-A-35-D40-9
1
8,000
8,000
PA100-A-40-D40-9
1
8,500
8,500
3 -Section OH Signal
6
600
3,600
Type 10B
8
1,100
8,800
Pedestal Foundation
2
500
1,000
Pedestal Pole/Base
2
500
1,000
Type 2A
2
11000
2,000
200 Watt HIPS Luminaire
4
250
1,000
Ped. Push Button & Sign
6
100
600
Type "D" Signs (ft)
40
25
1,000
PVC Handholes (metal covers)
20
600
12,000
2" NMC (ft)
1,100
4
4,400
2" RSC (ft)
100
8
800
11/4- RSC (ft)
50
5
250
3" RSC (ft)
500
10
5,000-
4' RSC (ft)
150
12
1,800
12/c #12 (ft)
1,800
2
3,600
3/c #12 (ft)
2,200
1
2,200
2/c #14 (ft)
4,500
0.60
2,700
1 /c #2 (ft)
300
1.50
450
1/c #6 (ft)
50
2
100
6 x 6 Loops
12 1
500
6,000
2 (6 x 6) Loops
4
750
3,000
Controller/Cabinet
1
10,000
10,000
Service Cabinet
1
1,000
1,000
Equipment Pad
1
1,500
1,500
W3-3 Signs
4
300
1,200
6 Pr. #19 Cable (ft) 3,500 $2 $7,000
2" NMC (ft) 11500 5 7,500
PVC Handholes 7 600 4,200
Subtotal $18,700
+10% 1,870
Subtotal $20,570
+35% 7,200
Total $27,770
77
Item
Est.
oty.
Est.
Unit Price
Est.
Total Cost
Zebra Crosswalk (ftz)
1,200
$4
$4,800
4 "Concrete Walk (ft2)
200
5
1,000
Pedestrian Ramps
12
250
3,000
Painting
-
1,500
1,500
Traffic Control
-
1,000
1,000
Mobilization
Mobilization
3%
3,700
3,700
Subtotal
$126,400
+10%
12,640
Subtotal
$139,040
+35%
48,670
Total
$187,710
One-way Detector/Light
4
$600
$2,400
Model 562 Cards
2
1,250
2,500
3/c #12 (ft)
1,000
1
1,000
3/c #20 (ft)
1,000
0.60
600
Miscellaneous
5%
300
300
EEE
Subtotal
$6,800
+10%
680
Subtotal
$7,480
+35%
2,620
_...._ ._
Total I
$10,100
6 Pr. #19 Cable (ft) 3,500 $2 $7,000
2" NMC (ft) 11500 5 7,500
PVC Handholes 7 600 4,200
Subtotal $18,700
+10% 1,870
Subtotal $20,570
+35% 7,200
Total $27,770
77
Appendix B
Preliminary Financing Spreadsheet
Preliminary Cost Estimates
TH 149/Lone Oak Parkway Signal
City Project No. 707
Outlot C - Lone Oak Addition
Outlot D - Lone Oak Addition
P.I.N.
10-457-00-030-00
10-457-00-040-00
Unit Cost
50%
50%
Total
$112,790
112,790
Appendix C
Exhibits
Exhibit 1 - Location Map
Exhibit 2 - Financing Area Map
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FILE N0. HIGHWAY 149 @
EAGAN9609. NE OAK PARKWAY EXHW
DATE: PROJECT NO. 707 . 1
01 NO
3/18/91AGAN, MINNESOTA
E
0
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FILE N0.N( HGHWAY 149 @
EAGAN9609.0 L OAK PARKWAY
DATE: PROJECT NO. 707
3/i8/9 EAGAN, MINNESOTA
250 0
125
NO. 2
t City of aagan
PROJECT 707, TRAFFIC SIGNAL (STATE HWY 149 & LONE OAK PKWY)
Dear Mr. Pease:
On February 18, the City of Eagan staff received the enclosed petition requesting the installation
of a traffic signal at the intersection of State Trunk Highway 149 & Lone Oak Parkway as
required by Condition #6 of the above -referenced subdivision, which was preliminarily approved
by Council action on February 20, 1996. On March 4, the City Council acknowledged your
petition and directed staff to prepare a Feasibility Report (City Project 707) delineating the
scope, cost and method of financing this improvement. On April 15, the City Council will hold a
formal public hearing to discuss the merits and benefits of this requested improvement. Enclosed
is a notice for that public hearing and a copy of the Feasibility Report and the Signal Justification
Report required by the Minnesota Department of Transportation (MnDOT).
The estimated cost of this required signal improvement is $225,000. It would be helpful to know
what would work best for the USPS regarding the financial security or payment schedule for this
public improvement cost. The financing of this public improvement could best be addressed in
the development contract agreement to be entered into by the USPS and the City of Eagan.
Please inform Senior Planner Mike Ridley, who is coordinating the preparation of this agreement
with City Attorney Mike Dougherty.
On December 18, you forwarded a letter to our City Administrator, Tom Hedges, requesting that
the City accept the payment and performance bonds of your contractor (The Austin Company) to
fulfill your subdivision and platting financial security obligations (landscaping, trees, ponding,
parking, etc.). I believe the City Council would be favorably receptive to acknowledging the
assignment of these performance bonds to fulfill the onsite development related obligations that
are being performed directly by your contractor. However, the City will need to enter into a
specific agreement with the USPS regarding the financing of the traffic signal improvement
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN. MINNESOTA 551222-18W
PHONE. (612) 081.4600
FAX: (6 12) 081-4012
TDD (6 12') 354 8535
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTU im UR COMMUNITY
Equal Opportunity/A ''I ictivP tion E. plover
0
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN 1Ut;, iESC•TA „�2:
PHONE _200
THOMAS EGAN
April 2, 1997
Movor
PATRICIA AWADA
BEA BLOMQUIST
SANDRA A. MASIN
MR BRYAN F PEASE
THEODORE WACHTER
MANAGER REAL ESTATE
Council Members
US POSTAL SERVICE
THOMAS HEDGES
225 N HUMPHEYS BLVD
City Atlministrat6r
MEMPHIS TN 38166-0300
E. J. VAN OVERBEKE
City Clerk
Re: USPS INFORMATION/ACCOUNTING SERVICE CENTER (IASL)
LONE OAK 3RD ADDN
PROJECT 707, TRAFFIC SIGNAL (STATE HWY 149 & LONE OAK PKWY)
Dear Mr. Pease:
On February 18, the City of Eagan staff received the enclosed petition requesting the installation
of a traffic signal at the intersection of State Trunk Highway 149 & Lone Oak Parkway as
required by Condition #6 of the above -referenced subdivision, which was preliminarily approved
by Council action on February 20, 1996. On March 4, the City Council acknowledged your
petition and directed staff to prepare a Feasibility Report (City Project 707) delineating the
scope, cost and method of financing this improvement. On April 15, the City Council will hold a
formal public hearing to discuss the merits and benefits of this requested improvement. Enclosed
is a notice for that public hearing and a copy of the Feasibility Report and the Signal Justification
Report required by the Minnesota Department of Transportation (MnDOT).
The estimated cost of this required signal improvement is $225,000. It would be helpful to know
what would work best for the USPS regarding the financial security or payment schedule for this
public improvement cost. The financing of this public improvement could best be addressed in
the development contract agreement to be entered into by the USPS and the City of Eagan.
Please inform Senior Planner Mike Ridley, who is coordinating the preparation of this agreement
with City Attorney Mike Dougherty.
On December 18, you forwarded a letter to our City Administrator, Tom Hedges, requesting that
the City accept the payment and performance bonds of your contractor (The Austin Company) to
fulfill your subdivision and platting financial security obligations (landscaping, trees, ponding,
parking, etc.). I believe the City Council would be favorably receptive to acknowledging the
assignment of these performance bonds to fulfill the onsite development related obligations that
are being performed directly by your contractor. However, the City will need to enter into a
specific agreement with the USPS regarding the financing of the traffic signal improvement
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN. MINNESOTA 551222-18W
PHONE. (612) 081.4600
FAX: (6 12) 081-4012
TDD (6 12') 354 8535
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTU im UR COMMUNITY
Equal Opportunity/A ''I ictivP tion E. plover
0
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN 1Ut;, iESC•TA „�2:
PHONE _200
MR BRYAN PEASE
APRIL 2, 1997
PAGE 2
being performed through a City of Eagan contract. It would be appropriate for the City Council
to approve this financing agreement and your request to waive the typical development financial
securities at the same time. It would be most efficient if all of this could be accomplished by the
April 15 Council meeting when the public hearing is being held for this signalization
improvement.
Please contact Mike Ridley at 681-4695 to coordinate the preparation and processing of the
appropriate agreements. If you have any questions regarding the details of the proposed public
improvement signal project, please feel free to contact me at 681-4635.
Sincerely,
'LZ
r ��
Thomas A. Colbert, P.E. y
Director of Public Works
TAC/J
cc: Mike Ridley, Senior Planner
Mike Dougherty, City Attorney
Enclosure: Feasibility Report
Signal Justification Report
Notice of Public Hearing
Petition For Public Improvement
Agenda Information Memo
April 15, 1997
low WRIN 3N 115 ..
ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 712
(Surrey Heights - Streetlights) and, if approved, authorize its installation through Dakota Electric
Association.
FACTS:
• In response to a petition submitted by several property owners within the Surrey Heights
townhome development, the Council authorized the preparation of a feasibility report to
discuss the scope, cost, and financing of this proposed public improvement.
• The feasibility report was presented to the City Council on March 18 and a public hearing
scheduled for March 17.
• An informational neighborhood meeting was held at 7:00 p.m. on March 17 providing staff
an opportunity to explain the proposed project and respond to any questions.
• All notices have been published in the legal newspaper and sent to all potentially affected
property owners informing them of this public hearing.
ATTACHMENTS:
• Feasibility report, pages hrou h
1L_
• Minutes of informational i1eighborhood meeting, pages through.
• Comment letter, page v
�o�
FEASIBILITY REPORT
ESTIMATE OF COST
SURREY HEIGHTS FIRST - SEVENTH ADDITIONS
STREET LIGHTING
PROJECT 712
EAGAN, MN
FEBRUARY 1997
REVISED
cityvFczagan
February 28,1997
THOMAS EGAN
Movor
Dear Mayor & City Council:
Enclosed is the Feasibility Report for Surrey Heights First - Seventh Additions. This report
includes the preliminary cost estimates and preliminary assessment rolls for the project based on
the number of street lights to be installed.
Staff will be available to discuss and present the details of the project to the City Council and
other interested public at a time convenient to the Council.
Sincerely,
Craig E. Knudsen
Engineering Technician
CEKIcb
I hereby certify that the attached plan, specifications, or report was prepared by me or under my
direct supervision and that I am a duly registered Professional Engineer under the laws of the
State of Minnesota.
J&m P. Gorder
Design/Development Engineer
N F,
Eug64 VanOverbeke
Director of Finance
MUNICIPAL CENTER
3830 PILOT KNOB RC.AD
EAGAN, MINNESOTA 55122-1897
PHONE (612) 681.4o00
FAX (Q'.2)681•4612
TDD (o12)41-54-8535
REG. NO. 2 2
Date:
Date: � -S — Q rt
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GPO' OUR COMMUNITY
EquolOpportunity/Affir tiv Acti Employer
MAINTENANCE FACILITY
3501 CCAC-%IAN -CIN-
EAGAN V;NNESCTA 55' -7 --
PHONE
_ __PHONE (t'21081-4200
FAX
TDD (0 � 2'. -54 Bc�S
PATRICIA AWADA
BEA BLOMQUIST
SANDRA A. MASIN
THEODORE WACHTER
Honorable Mayor & City Council
Council Members
City of Eagan
THOMAS HEDGES
3830 Pilot Knob Road
CityAcmr,strotcr
Eagan, MN 55122
E. J. VAN OVERBEKE
City Clem
RE: CITY PROJECT NO. 712 - SURREY HEIGHTS
FIRST - SEVENTH ADDITIONS
Dear Mayor & City Council:
Enclosed is the Feasibility Report for Surrey Heights First - Seventh Additions. This report
includes the preliminary cost estimates and preliminary assessment rolls for the project based on
the number of street lights to be installed.
Staff will be available to discuss and present the details of the project to the City Council and
other interested public at a time convenient to the Council.
Sincerely,
Craig E. Knudsen
Engineering Technician
CEKIcb
I hereby certify that the attached plan, specifications, or report was prepared by me or under my
direct supervision and that I am a duly registered Professional Engineer under the laws of the
State of Minnesota.
J&m P. Gorder
Design/Development Engineer
N F,
Eug64 VanOverbeke
Director of Finance
MUNICIPAL CENTER
3830 PILOT KNOB RC.AD
EAGAN, MINNESOTA 55122-1897
PHONE (612) 681.4o00
FAX (Q'.2)681•4612
TDD (o12)41-54-8535
REG. NO. 2 2
Date:
Date: � -S — Q rt
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GPO' OUR COMMUNITY
EquolOpportunity/Affir tiv Acti Employer
MAINTENANCE FACILITY
3501 CCAC-%IAN -CIN-
EAGAN V;NNESCTA 55' -7 --
PHONE
_ __PHONE (t'21081-4200
FAX
TDD (0 � 2'. -54 Bc�S
FEASIBILITY REPORT AND COST ESTIMATE
SURREY HEIGHTS FIRST - SEVENTH ADDITIONS
SCOPE: This project covers the installation of street lights serving the residents in the
Surrey Heights First - Seventh Additions and Surrey Gardens. All street lights would be
installed within the Surrey Heights Drive public right-of-way.
FEASIBILITY AND RECOMMENDATION: This project is feasible and is in accordance
with the City's policy on the installation of street lights in residential areas. It can best be
accomplished as outlined herein and not as a part of any other project.
DISCUSSION: Residents in Surrey Heights First - Seventh Addition have petitioned for
the installation of street lights. These additions contain 169 lots which would benefit from street
lighting. This area was developed before the City of Eagan adopted a comprehensive street
lighting policy. Since the enactment of this policy, all new subdivisions have been required to
install street lights and pay for energy costs with their utility bill. The above mentioned policy
also has a provision enabling older additions to petition for street lights. Under this provision,
the cost of street lighting installation is assessed to benefitting parcels.
The energy charge will be paid quarterly by the residents along with their utility bill.
Energy charge to be billed with utility bill $2.48/unit per quarter*.
*Rate quoted is 1997 and subject to change on an annual basis.
The energy needs for Surrey Heights will be provided by. Dakota Electric Association which
offers the type of street light poles, lighting fixtures, and maintenance with. underground service
for residential street lighting in accordance with the City of Eagan's street lighting policy.
It is proposed to have seven 100 watt ornamental street lights installed. in the approximate
location as per the attached plan.
ORNAMENTAL STREET LIGHTS: The seven proposed street lights would be the
standard ornamental design with 100 watt high pressure sodium luminairs mounted on 18'
standard fiberglass poles as shown on the attached detail plate.
COST ESTIMATE: The following cost estimate includes the cost of underground
conduit, construction, administrations, legal and other related project costs.
7 - 100 watt ornamental street lights @ $1,714.29 $12,000.00
10% Contingency factor 1,200.00
20% Indirect costs 2,400.00
TOTAL: $15.600.00
ASSESSMENT CITY
COST REVENUE RESPONSIBILITY
Installation S15,600.00 $15.600.00 - 0 , -
• .11 11 .11 1/
ASSESSMENTSe Assessments are proposed to be levied in accordance with current City
policy. All costs of the project will be assessed.
Due to different density's of Surrey Heights Town Homes versus the apartments within Lot 1,
Block 1 Surrey Gardens, the initial breakdown of assessments are based on a front footage basis.
Since it is calculated that Surrey Gardens has 10.41% of front footage, it is calculated that
$1,623.96 would be the responsibility of Lot 1, Block 1 Surrey Gardens and the remaining
$13,976.04 would be equally divided between the remaining 168 lots within Surrey Heights First
through Seventh Additions.
Estimates are as follows:
$15,600.00
10.41 % Frontage 168 Lots $1,623.96 $83.19/Lot
Assessments would be spread over I year at a rate based on the bond sale..
Block 2, Lots 1 - 4
Block 3, Lots 1 - 3, &" 8
Block 4, Lots 1, 4, 5 & 8
Block 5, Lots 1 - 4
Block 7, Lots 1 - 3, & 8
Block 9, Lots 1 - 4
Block 10, Lots 1 - 4
Block 11, Lots 1 - 4
Block 14, Lots 1 - 4
Block 15, Lots 1 - 3, & 6
tu
�
4
4
4
4
4
4
4
4
4
4
Block 18, Lots I - 4
Block 19, Lots 5 - 8
Block 20, Lots 5 - 8
Block 21, Lots 3, 4, 7 & 8
SURREY HEIGHTS SECOND ADDITION
Block 1, Lots 1, 2, 7 & 8
Block 2, Lots 1, 2, 3 & 7
Block 4, Lots 1, 2, 6 & 7
Block 5, Lots 1, 7, 8 & 9
Block 6, Lots 1, 2, 6 & 7
Block 7, Lots 1, 2, 3, & 8
Block 9, Lots 1 - 4
Block 10, Lots 4, 5, 6 & 7
Block 12, Lots 1, 2, 7 & 8
Block 14, Lots 1 - 4
Block 16, Lots 5, 6, 7 & 8
Block 18, Lots 1 - 4
Block 1, Lots 1, 2, 11 & 12
Block 2, Lots 6, 7, 8 & 9
Block 4, Lots 1 - 4
Block 7, Lots 1, 2,.5, & 6
Block 9, Lots 1, 2, 5, & 8
SURREY HEIGHTS FOURTH ADDITION
Block 1, Lots 1, 2, 3 & 6
Block 4, Lots 1 - 4
Block 7, Lots 1 - 4
Block 9, Lots 3, 4, 5, & 6
SUR REY HEIGHTS FIFTH ADDITION
Block 2, Lots 1 4
Block 5, Lots 1 - 4
S TRRFY HEIGHTS SIXTH ADDMON
Block 1, Lots 1, 2, 5 & 6
Block 4, Lots 1, 2, 3 & 6
I ,o
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
Block 3, Lots 1 - 4
Block 6, Lots 1 - 4
Block 7, Lots 1, 2, 5, & 6
Block 1, Lot 1
TOTAL:
4
4
4
1
169 Lots
The following is the proposed schedule to be followed for this
project assuming favorable action by the City Council.
Present Feasibility Schedule
Neighborhood Meeting
Public Hearing
Authorize Construction Agreement w/ D.E.A.
Construction Completion
Final Assessment Hearing
First Payment due with Taxes
GTeasibilityRepons 1997/Proj712SurrHtsFewRep.doc
March 18, 1997
March 27, 1997
April 15, 1997
April 15, 1997
August 1, 1997
November 1, 199.7
May 1998
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EXISTING STREETLIGHTS
PROPOSED STREETLIGHT LOCATIONS 2-25-97
(7 LIGHTS TOTAL)
PROPERTIES PlETiTING FOR STREETLIGHTS
43 % OF TOTAL PROPERTIES
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OPTIONS
THIS UNIT REQUIRED WHEN FEED Alfa FUSE ARE
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THIS UNIT REQUIRED WHEN FEED IS FROM A
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THIS UNIT REQUIRED WHEN FEED iS FROM A
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THIS UNIT REQUIRED WHEN FEED 15 FROM
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MOTE: SEE STANDARD PLATE 720A FOR LOCATION
DETAILS.
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4 1 POST TOP LUMINAIRE
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PROPOSED ASSESSMENTS UNDER PROJECT NO. 712
...........................
11 city of eagan
MXk' PUBLIC
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ISIM WORKS
DEPARTME
SURREY HEIGHTS
FIRST - SEVENTH ADDITIONS
approved: standard
I plate #:
CITY OF EAGAN PROJECT NO. 712
SURREY HEIGHTS STREETLIGHT IMPROVEMENTS
THURSDAY MARCH 27, 1997 NEIGHBORHOOD MEETING
7.•00 P.M. COMMUNITY ROOM
Attendees: Craig Knudsen, City of Eagan; Sue Mohles, Dakota Electric Association; Russ Keller,
Keller !1Ianagement; 20 people (see sign-in);Meeting included several residents that did
not sign in
Welcome and introduction
Craig Knudsen welcomed the residents and introduced Sue Mohles from Dakota Electric
The Cities appreciate the residents taking the time to attend the meeting giving a brief
description of neighborhood meetings and its purpose.
A brief outline of the agenda was given.
Street light Poga
In or about 1979 the City Council adopted a policy requiring all new subdivisions to provide
a street lighting system in accordance with City requirements.
In addition the City Council recognized that many of the existing neighborhoods may have
an interest in having street lights installed and provided that option through the petition
process. This petition process allowed the residents the option of streetlights recognizing that
not everyone is in favor of the lights.
Installation by way of the petition need the signature of a minimum of 35% of the residents
in order to spend the time and money of a feasibility report.
Location
Cost
Typically the design of a street light system tries to light intersection and parking lot entrances
without exceeding 300 feet of spacing. (Location map overhead)
This worked out well with this design although one light was added to light up the first
driveway west of Federal Drive.
The total estimated cost for this project is $15,600.00 and breaks down as follows:
( Cost Overhead)
$12,000.00 for Dakota Electric Assoc., to cover materials and labor.
10% or $1200.00 for contingencies/ unknowns due to the project being on paper. Hopefully
this will not be used.
201/o or $2,400.00 for indirect costs / administration, special assessments records, feasibility
report, legal notices, inspection, certifying assessments with the county, Legal, Bonding.
Typically this amount is 25% of the project cost.
Assessments
The assessments are the method used to pay for the project.
The final assessment report will reflect the actual cost of the project and final amount to be
assessed.
Sense Surrey Garden apartment has frontage along Surrey Heights Drive and also has a
driveway providing access along the road they do benefit from the project. Sense the Density
is different, their portion of the assessment was determined by adding the entire frontage
along Surrey Heights Road and dividing their frontage by the total. This results in Surrey
Garden Apartments being responsible for 10.41 % of the cost or $1,623.96 of the estimated
construction amount.
• The remaining $13,976.04 is then divided among the 168 units of Surrey Heights 1 st through
7th Addition resulting in a proposed assessment of $83.19 per unit.
• Currently the project is proposed to be assessed over a period of one year that would be two
payments to the County.
• The Interest rate is based on the bond sale at the time of assessments. The current bond rate
is 7% fixed but may fluctuate until set.
• Property owners have the option of paying off all costs within 30 days after the assessment
hearing without interest.
• On December 1 the assessments will be certified at Dakota County for Payment due April
1998.
• You may pay off the assessments at anytime and pay interest only on the outstanding balance.
Protect Schedule
Neighborhood Meeting March 27, 1997
Public Hearing April 15, 1997
Authorize Construction Agreement with D.E.A. April 15, 1997
iii
Construction Completion August 1, 1997
Final Assessment Hearing November 1, 1997
First Payment due with Taxes at Dakota County April 1998
Summary
The City is here to facilitate your petition requesting the installation of streetlights. We will design,
inspect, manage, and finance the project, but we have no intrust in forcing you into a project you may
not want. The City Council has historically been very supportive of the neighborhoods intrust and if
you are intrusted in the City pursuing this project it can be done. If the consensuses is to cancel the
project that can be done as well. The decision will be made on the April 15, 1997 City Council
meeting during the public hearing and your support to proceed or drop the project will be heard at
that time.
QUESTIONS
1. How far away from the building corner is the street light going to be on Surrey Heights and
Greenwood, and can it be moved across the street?
Craig.• The intent of that location is to provide lighting for the intersection and provide
consistent lighting along Surrey Heights. The light could be put across the street
but may not make any difference in how it effects your home. It may be more
effective to Provide a light shield
Sue: The streetlight would have a light deflector to direct the light down on the side of
the Building and direct the light out toward the street.
2. What is the energy charge we are currently receiving on -our utility bills?
Craig.- All residents, whether they have neighborhood lights of not are billed for
Community Lights This would pay for major intersection lighting such as
Yankee Doodle Rd and Surrey Heights Rd As well as Federal Dr. and Surrey
Heights. It also pays for street signal energy costs
3. How will the Ring Road effect Federal Dr. and should we be planning the lights for the
widening.
Craig: The "Ring Road" is only a concept and may not happen for 5, 10,20 years if at
all. Any lighting for future roadway improvements will have to be taken into
consideration at the time of design. You may not want to avoid taking care of
your current needs based on some future unknown project.
4. One of the major problem areas for the townhomes is the area west of the west entrance
of Highlander Dr. Could the light be moved to the west side of the street?
A lengthy discussion took place with several residents discussing options and ideas,
many relating to a youth problem and hoping the lighting would help.
Craig. The City can provide lighting within the City Right- of -Way but it may not cure
the Problem within the site. The Homeowner's association may want to consider
/rS
additional Lighting within the subdivisions.
5. How Bright is'a 100 watt streetlight and could it be brighter?
Craig: 100 watt H.P.S. street light is typical and used throughout neighborhoods
within the City.
Sue: The 100 watt streetlight is about three times brighter then the typical 100 watt
light bulb used in homes and is quite adequate for residential streetlights.
6. What are the streetlights made of and can they be broken easily?
Sue: Explained the materials and design of a typical streetlight and answered yes, to
whether it can be broken. This type of damage is repaired be D.E.A.
7. Is there a chance the project would be denied if we don't come to the public hearing?
Craig. It is always best to appear if you have a feeling one way of another regarding
this project. It has happened in the past where most residents of a neighborhood
were in favor of a project but the only few people to attend the public hearing
were vocal and objected In that case the project was denied If you are not able
to attend, you may want to send a letter.
8. A resident stated that we should keep the layout as originally shown and depend on the
professionalism of the experts who do this for a living to provide the lighting they feel
would be best.
The meeting adjourned at 8:15 p.m.
/�9
INFORMATIONAL MEETING
PROJECT 712
SURREY HEIGHTS 1ST . 7TH ADDN & SURREY GARDENS
THURSDAY, MARCH 27,1997,7:00 P.M.
NAME
1.
2.
3.
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6.
7.
8.
9
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11.
13.
14.
15.
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Agenda Information Memo
April 15, 1997
ACTION TO BE CONSIDERED: To close the public hearing and approve/modify/deny
Project 715 (Heine Strasse - Street Resurfacing) and, if approved, authorize the preparation of
detailed plans and specifications.
FACTS:
• In accordance with the approved 5 -Year CIP (1997-2001), Heine Strasse has been
programmed for a street rehabilitation improvement during 1997.
• On December 4, 1996, the City Council authorized staff to prepare a feasibility report
defining the scope, cost, and financing for such an improvement.
• On March 10, an informational neighborhood meeting was held to present a preliminary draft
of the feasibility report to all affected/interested property owners.
• On March 18, the City Council received the draft feasibility report along with the minutes
from the informational meeting and directed staff to revise the feasibility report to
incorporate Lots 1 and 2 for equal participation in financing this public improvement.
• All notices were published in the legal newspaper and sent to all affected property owners
informing them of this public hearing scheduled for April 15. As of this date, staff has not
received any additional comments pertaining to this proposed improvement.
ATTACHMENTS:
• Final revised feasibility report, pages/1z o 1/ -
• Minutes from informational neighborhood meeting, pages through
1 a/
Heine Strasse
Street Improvement Report
Eagan
Minnesota
City Project No. 715
SEH No. A-EAGAN9707.00
February 26, 1997
(Revised March 14, 1997)
(Revised March 18, 1997)
A&SEH
Heine Strasse
Street Improvement Report
Eagan
Minnesota
City Project No. 715
SEH No. A-EAGAN9707.00
February 26, 1997
(Revised March 14, 1997)
(Revised March 18, 1997)
I hereby certify that this Report was prepared by me or under my
direct supervision, and that I am a duly Registered Professional
Engineer under the laws of the State of Minnesota.
Date: March 18, 1997 Reg. No.: 12679
Reviewed By: 3 1 6 9 7
SEH Date
Reviewed By:2��
ublic Works Dept. Date
Reviewed By: KIA 3--it-47
Fin cc Dept. Date
Short Elliott Hendrickson Inc.
3535 Vadnais Center Drive
200 SEH Center
St. Paul, Minnesota 55110
(612) 490-2000
I a 3
March 18, 1997
3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800325-2055
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mayor and City Council:
RE: Eagan, Minnesota
Street Improvement Report
Heine Strasse
City Project No. 715
SEH No. A-EAGAN9707.00
Enclosed is our report for the Heine Strasse - Street Improvements, City Project No. 715.
The report discusses the proposed street resurfacing improvements and presents cost estimates for
these improvements. In addition, estimated assessment rates per parcel have been included.
We would be pleased to meet with you at your convenience to discuss this report.
Sincerely,
r
Kenneth R. Meister, P.E.
do
SHORT ELLIOTT
HENDRICKSON INC. MINNEAPOLIS, MN ST. CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI
EQUAL OPPORTUNI7E PLOYER
a
LAKE COUNTY, IN
Table of Contents
Certification Page
Letter of Transmittal
Table of Contents
Page
Introduction...................................................... 1
Scope........................................................... 2
... .........
Feasibility and Recommendations ................................... 2
StreetEvaluation ................................................. 3
ProposedImprovements ........................................... 4
Easement/Permits................................................ 4
CostEstimate ......................................... 5
Street Resurfacing 5
Assessments........................................... 5
Street Resurfacing
Residential Lots 5
AssessmentFinancing Options ..................................... 6
RevenueSource .................................................. 6
ProjectSchedule ................................................. 7
neine 5vasse A-EAGAN9707.00
Eagan, Minnesota Page i
List of Appendices
Appendix A
Preliminary Cost. Estimate
Appendix B
Preliminary Assessment Roll
Appendix C
Exhibits
Exhibit 1 - Location Map
Exhibit 2 - Assessment Area Map
Exhibit 3 - Typical Section (Bituminous Surface Replacement)
Heine Strasse A-EAGAN9707.00
Eagan, Minnesota Page ii
February 26, 1997
(Revised March 14, 1997)
(Revised March 18, 1997)
Street Improvement Report
Heine Strasse
Eagan, Minnesota
Introduction
As a part of Eagan's pavement maintenance program, the City is
responsible for evaluating streets within the community throughout their
life cycle. In 1989, a Pavement Management Program was developed
that allowed the City to evaluate the condition of the existing pavement
surface for all the streets and schedule timely maintenance. A Five Year
Capital Improvement Program for street rehabilitation was developed
from this information.
Heine Strasse from Diffley Road south to the end of the cul-de-sac has
been identified for street resurfacing improvements in 1997. Exhibit 1
illustrates the project location.
Heine Strasse was constructed in 1977 to a width of 32 feet (face to face).
Based on the data and engineering strategies available at this time, the
City's current pavement management program incorporates local and
ongoing maintenance with seal coating occurring at 5 to 7 years, at 12 to
14 years, and a bituminous overlay at approximately 20 years.
Resurfacing the streets in this development, which is presently at that 20
year time frame, will prevent further decay of the subgrade, thus
protecting and extending the structural life of the street.
This street in this project area has been rated several times since 1989 and
the field data gathered indicates what maintenance strategies are
appropriate.
Timely maintenance work, such as bituminous milling and patching,
crack sealing and seal coating have occurred at appropriate intervals
during the life of this pavement. This maintenance work has extended the
life cycle of the pavement. The normal life cycle of a street is 18 to 24
years.
A-EAGAN9707.00
D-7 Page 1
Heine Strasse
Eagan, Minnesota
The City of Eagan's maintenance records indicate that this street was last
seal coated in 1988. The Public Works' maintenance program typically
includes extensive patching and crack sealing during the summer prior to
the seal coat.
Scope
This project provides for bituminous surface replacement of 0.17 miles
of Heine Strasse from Diffley Road to the end of the cul-de-sac.
Exhibits 1 and 2 illustrate the project area.
Also included is the replacement of damaged curb and gutter and
subgrade correction in isolated areas.
Feasibility and Recommendations
This project is necessary to prevent further decay of the pavement
subgrade, create a safer driving surface, increase rideability, add
structural strength and reduce maintenance.
This project is cost effective in that the proposed improvement
(bituminous surface replacement) is less expensive than totally
reconstructing this street.
This project is feasible from an engineering standpoint in that this type of
improvement has been used successfully to extend the life expectancy of
streets without totaling reconstructing them..
This project is in accordance with the Five Year Capital Improvement
Plan (1997 - 2001) for the City of Eagan as outlined in the Pavement
Management Program. It is recommended that the street be resurfaced as
proposed in this report and combined with the Wescott Road Mill and
Overlay Project, City Project No. 704 as one contract.
A-EAGAN9707.00
C31 I Page 2
Street Evaluation
The City of Eagan Pavement Management Program allows the City to
evaluate the condition of the existing street surface to schedule timely
maintenance and improvements. The Pavement Condition Index (PCI)
ranks the surface condition for each street.
The general categories which define PCI rankings are as follows:
PSI Recommended Improvement
56-100 Routine Maintenance/Crack Seal/Seal Coat
36-55 Patch/Repair and/or Overlay
0-35 Reconstruct or Bit. Surface Replacement
The 1996 PCI ranking for the street discussed in this report has an
average pavement condition rating of 11 and falls within the rankings of
the "Reconstruct" category.
Although Heine Strasse is just beginning to approach the end of its useful
life, to construct a bituminous overlay at this time would not be cost
effective based on its present condition and excessive cracking. Streets
deteriorate at different rates based on a variety of reasons. This street is
likely to have begun to deteriorate due to inadequate crown, frost action
and failures in the subbase and bituminous surface.
Based on the present condition of the street and the limited amount of
traffic, the bituminous surface replacement option was considered even
though the PCI rating indicated reconstruction.
Heine Strasse A-EAGAN9707.00
Eagan, Minnesota Page 3
Proposed Improvements
The proposed street improvement for Heine Strasse is shown on
Exhibit 3. The existing bituminous surface and gravel base will be
reclaimed and used as aggregate base with 3 inch thick bituminous
surface placed over the aggregate base. The reclamation process involves
grinding, mixing and processing the existing bituminous surface and
underlying gravel base to create the needed aggregate base.
Subgrade correction will be required in isolated areas that show extensive
distress. This work involves removal of the aggregate base and
subcutting the street as necessary. The subcut would be backfilled with
granular material and draintile installed where needed. The street would
be patched with aggregate base to the existing thicknesses.
Damaged curb and gutter will be replaced if severely cracked, spalled or
settled. It is estimated that approximately 10 percent of the existing
concrete curb and gutter will have to be replaced.
Sanitary sewer manhole castings and gate valve box adjustments are also
required.
Bituminous surface replacement will not totally eliminate cracking
because of the temperature extremes experienced in Minnesota. Routine
maintenance will still need to continue. The bituminous surface will
show some continued frost movements and reflective cracking.
Generally, this cracking is delayed into the second season and is not as
extensive.
Easement/Permits
All work will be in the public right-of-way. No additional easements will
be necessary.
It is anticipated that no permits will be required for the resurfacing
project.
Heine Strasse A-EAGAN9707.00
Eagan, Minnesota Page 4
Heine Strasse
Eagan, Minnesota
Cost Estimate
Detailed cost estimates are located in Appendix A. The estimates are
based on anticipated 1997 construction costs and include a 10 percent
contingency and indirect costs of 35 percent which include legal,
administration, engineering, and bond interest. A summary of the costs
are as follows:
Street Resurfacing
• Bituminous Surface Replacement ................ $36,240
• Repair Existing Concrete Curb and Gutter ........... 5,245
• Subgrade Correction 15.530
Total .............. $57,015
Assessments
Assessments are proposed to be levied against the benefitted property in
accordance with the City of Eagan Assessment Policy. A preliminary
assessment roll is included in Appendix B.
Street Resurfacing
Residential City
Assessed Ratio
Bituminous Surface Replacement 50% 50%
Repair Existing Concrete 0% 100%
Curb and Gutter
Subgrade Correction 0% 100%
Residential Lots
All residential properties (16 lots) as shown on Exhibit 2, having access
to Heine Strasse, are proposed to be assessed. The City's assessment
policy states that 50 percent of the bituminous surface replacement costs
are assessable for residential properties.
The estimated cost per lot to be assessed is $1,132.50/lot.
/3l
A-EAGAN9707.00
Page 5
Assessment Financing Options
The property owner will have the option at the time of the assessment
hearing to pay the full assessment or include the assessment in with their
property tax statement. If the assessment is included with the property tax
statement, the assessment will be spread over 10 years with the interest
rate determined by the results of the bond sale used to finance the
improvements. The following payment schedule will result based on an
8.5 percent interest rate for the assessed amounts:
Residential Lot = $1,132.50
Principal
Interest
Cost
Per Year
Per Year
Per Year
First Year $113
$97
$210
Tenth Year $113
$10
$123
Revenue Source
A summary of revenue sources is listed below:
The estimated project deficit of $38,895 will be financed by the City's
Major Street Fund.
Heine Strasse A-EAGAN9707.00
Eagan, Minnesota Page 6
Project
Property
City
Cost
Assessment
Contribution
Bituminous Surface
$36,240
$18,120
($18,120)
Replacement
Repair Existing Concrete
Curb and Gutter
5,245
0
(5,245)
Subgrade Correction
15,530
0
(15,530)
Total
$57,015
$18,120
($38,895)
The estimated project deficit of $38,895 will be financed by the City's
Major Street Fund.
Heine Strasse A-EAGAN9707.00
Eagan, Minnesota Page 6
Project Schedule
Present Feasibility Report to City Council/
Order Public Hearing .......................... March 18, 1997
Public Hearing ................................ April 15, 1997
Approve Plans and Specifications ................. May 20, 1997
Award Contract ............................... June 17, 1997
Project Completion ........................ September 1, 1997
Final Cost Report ......................... September 15, 1997
Final Assessment Hearing .................... November 3, 1997
First Payment Due with Property Tax Statement ......... May 1998
Heine Strasse A-EAGAN9707.00
Eagan, Minnesota Page 7
Appendix A
Preliminary Cost Estimate
1,3X
Preliminary Cost Estimate
Heine Strasse
Street Improvement
City Project No. 715
Street Resurfacing
1. Bituminous Surface Replacement
Repair Existing Concrete Curb
13�
Subgrade Correction (As Necessary)
Appendix B
Preliminary Assessment Roll
Preliminary Assessment Roll
Heine Strasse
Street Improvement
City Project No. 715
Address
P.I.N.
No. Lot
Equivalents
Unit Assessment
Total
�I`leins'Firat A�iclition -•
-
- a. - -
1490 Diffley Road
10-32300-010-00
1
$1,132.50
$1,132.50
1480 Diffley Road
10-32300-020-00
1
$1,132.50
$1,132.50
4235 Heine Strasse
10-32300-030-00
1
$1,132.50
$1,132.50
4245 Heine Strasse
10-32300-040-00
1
$1,132.50
$1,132.50
4255 Heine Strasse
10-32300-050-00
1
$1,132.50
$1,132.50
4265 Heine Strasse
10-32300-060-00
1
$1,132.50
$1,132.50
4271 Heine Strasse
10-32300-070-00
1
$1,132.50
$1,132.50
4275 Heine Strasse
10-32300-080-00
1
$1,132.50
$1,132.50
4272 Heine Strasse
10-32300-090-00
1
$1,132.50
$1,132.50
4270 Heine Strasse
10-32300-100-00
1
$1,132.50
$1,132.50
4260 Heine Strasse
10-32300-110-00
1
$1,132.50
$1,132.50
4250 Heine Strasse
10-32300-120-00
1
$1,132.50
$1,132.50
4240 Heine Strasse
10-32300-130-00
1
$1,132.50
$1,132.50
4230 Heine Strasse
10-32300-140-00
1
$1,132.50
$1,132.50
4220 Heine Strasse
10-32300-150-00
1
$1,132.50
$1,132.50
4210 Heine Strasse
10-32300-160-00
1
$1,132.50
$1,132.50
Appendix C
Exhibits
Exhibit 1 - Location Map
Exhibit 2 - Assessment Area Map
Exhibit 3 - Typical Section (Bituminous Surface Replacement)
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TYPICAL SECTION
FILE NO.INE - STRASSE
EAGAN9707. EXFI�i
DATE PROJECT NO. 715 NO. 3
2/26/ 7 EAGAN, MINNESOTA
CITY PROJECT NO.715
HEINE STRASSE
SEH NO. A-EAGAN9707.00
Informational Neighborhood Meeting
Monday, March 10, 1997
8:00 p.m. Council Chambers
Attendees: Tom Colbert, Arnie Erhart, Tom Struve, City of Eagan, Tom Sohrweide, SEH:
5 people (see sign -in sheet)
A. Welcome and Introductions
• Tom Colbert welcomed the residents and introduced staff people.
• City of Eagan started street rehabilitation a number of years ago.
• In 1989, a Pavement Management Program was developed.
• Your streets are not the first needing improvements, nor the last.
• Information being provided at tonight's meeting is to inform the residents of the project
prior to the formal public hearing scheduled for April 15, 1997.
B. Community/Neighborhood History and City's Pavement Management Program
• Arnie Erhart explained Pavement Management. In last 17 years, the City of Eagan has
added about 80 percent of its streets.
• Discussed aging of streets generally with a life of 18 to 25 years. Factors affecting the
conditions of streets:
- Subgrade
- Traffic
- Weather (Freezing and Thawing)
• In 1989 Braun Intertec developed computerized Pavement Management System for the
City. Streets are field rated and a pavement condition index is developed for each street
from 0 to 100.
1 -35 Reconstruction
36-55 Rehabilitation - Overlav
56- 100 Preventative Maintenance - Crack Filling, Seal Coat
• Eagan streets have generally lasted longer than 20 years. By using the Pavement
Management Program, the City can schedule the right maintenance at the right time.
• Arnie displayed the map of Capital Improvements for 1997 - 2001. If nothing is done to
these streets, they will need reconstruction in 5 to 7 years and will result in high
maintenance costs.
• Heine Strasse rates in the high end of the structural improvement area.
C. Eagan's Protective/Preventative Maintenance Program - (Tom Struve)
The City of Eagan has 218 miles of streets. Tom explained the day-to-day operations and showed
slides of patching and preparing streets for seal coating and overlays.
In addition, slides were shown of last year's projects, South Hills Addition and Wilderness Run
Road.
This street was last seal coated in 1987.
/0
Meeting Minutes
March 10, 1997
Page No. 2
D. Project No. 715 Details (Tom Sohrweide)
• Described the proposed project as a removal and replacement of the bituminous surface.
• Discussed the project schedule. Formal public hearing at the April 15, 1997 City Council
meeting. At this meeting the Council will decide if the project proceeds. If it proceeds;
completion is schedule for September 1, 1997.
• The project is proposed to be combined with the mill and overlay of Wescott Road,
Denmark Avenue, and Donald Avenue.
• The estimated total project cost is $57,025.00 with a proposed assessment of $23,320.00.
• Discussed the City's assessment policy. The assessment is based on 50 percent of the
bituminous pavement removal and replacement with a 3 inch pavement. The cost is
divided by all properties having driveway access to the roadway. Single family residential
lot assessment estimate equals $1,665.71.
• Payment of the assessments was discussed.
E. Summary by Tom Colbert
• Heine Strasse is 20 years old with a subgrade and base in relatively good condition but the
pavement is deteriorated.
• Two lots on the west side of the street near Diffley Road were not proposed for assessment
because of them having driveway access onto Diffley Road.
• Options are: do nothing or limited maintenance which would lead to total reconstruction
in 5 to 10 years; overlay, not a good solution because the existing pavement wouldn't
provide a good foundation; surface replacement, would essentially provide a new street.
F. Questions
1. From the presentation it appears that the street needs reconstruction. When looking at the
street, it doesn't appear resurfacing is necessary at this time, it should wait 5+ years.
2. How much more would it cost to reconstruct?
Total cost could be up to $2,500.00 per lot.
3. This street should have lasted longer than other streets because it has less traffic.
Roads with more traffic are built stronger, therefore life expectancy is about the same.
4. Tom Colbert indicated that the recommendation for the surface replacement is timely now
because of the condition of the road. However, the Council is interested in what standard
the neighbors want their street to, what schedule for any improvements, and payment that
they are willing to pay.
5. The neighbors thought that the City should pay for more than 50 percent of the surface
replacement costs because 17 years ago the residents were assessed $1,700.00 for storm
sewer.
6. The two lots on the west side near Diffley Road which are not proposed to be assessed,
should be assessed, because they generate parking on the street both by residents and guests
and have their mailboxes on the street.
Meeting Minutes
March 10, 1997
Page No. 3
7. Did the- two corner lots pay an equal amount of assessment that is being proposed here
when Diffley Road was assessed?
This can be researched. They would have received an assessment for Dij,�ley which was
calculated.
8. Has road deteriorated from drainage to the lake?
Probably, subdrains may have to be installed.
9. Tom Colbert indicated that because of the information provided by the residents at this
meeting, justification may exist to propose assessing the two lots not originally proposed
for assessment. He would be willing to recommend this to the Council.
10. Could the irregularities of the roadway be solved with resurfacing?
Yes.
11. Is this street being proposed for improvement because of the shape it's in or its age?
Because of the shape that it's in. Test holes were dug last summer to verify the condition.
12. A $1,700.00 assessment is too much. It hurts financially with other commitments to
property improvements and tax increases.
13. The condition of the cul-de-sac appears O.K. but the roadway north of there is not in very
good shape.
14. Tom Colbert indicated that the assessment could be spread out over 10 years.
15. Can the residents request a cost split between themselves and the City with the City picking
up 75% of the cost?
Yes, that can be requested, but the Council has been pretty uniform in dealing with the
assessment policy. The Council can vary the assessment. There may not be a clear cut link
between a storm sewer assessment 17 years ago and a roadway assessment today.
The meeting adjourned at 9:00 p.m.
sah
F:(PROJECTSIEAGAN%97071MISCVdMMIN. M 13
/ Zr
INFORMATIONAL MEETING
PROJECT 715
HEINE STRASSE
MONDAY, MARCH 10, 1997,8:00 P.M.
NAME
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
KFORMS/Sign-InM
ADDRESS
� 7 Z.
Agenda Information Memo
April 15, 1997
10.9 "TelJ X40 d a E, is 1GW Va-IX4%V -DWOL,V
ACTION TO BE CONSIDERED: To close the public hearing and approve/modify/deny
Project 714 (Donald Avenue - Street Overlay) and, if approved, authorize the preparation of
detailed plans and specifications.
FACTS:
• In accordance with the approved 5 -Year CIP (1997-2001), Donald Avenue has been
programmed for a street rehabilitation improvement during 1997.
• On December 4, 1996, the City Council authorized staff to prepare a feasibility report
defining the scope, cost, and financing for such an improvement.
• On March 10, an informational neighborhood meeting was held to present the preliminary
draft of the feasibility report to all affected/interested property owners.
• As a result of input received from the informational meeting and subsequent research by City
staff, a revised draft feasibility report (deleting Donald Avenue cul-de-sac north of Letendre
Street) was presented to the City Council on March 18 and a public hearing was scheduled
for April 15.
• All notices have been published in the legal newspaper and sent to all affected property
owners informing them of this public hearing. As of this date, staff has not received any
additional comments regarding this proposed improvement.
ATTACHMENTS:
• Feasibility report, pages through
• Minutes from informational neighborhood ee 'ng, pages through
lq7
Donald Avenue
Street Improvement Report
Eagan
Minnesota
City Project No. 714
SEH No. A-EAGAN9706.00
February 26, 1997
(Revised March 14, 1997)
Donald Avenue
Street Improvement Report
Eagan
Minnesota
City Project No. 714
SEH No. A-EAGAN9706.00
February 26, 1997
(Revised March 14, 1997)
I hereby certify that this Report was prepared by me or under my
direct supervision, and that I am a duly Registered Professional
Engineer under the laws of the State of Minnesota.
Date: March 14, 1997
Re 2. No.: 12679
f
Reviewed By:.
SEH Date
Reviewed By: .�L f�w.,,o �' y
Public orks Dept. Date
Reviewed By:
Ace Dept. Date
Short Elliott Hendrickson Inc.
3535 Vadnais Center Drive
200 SEH Center
St. Paul, Minnesota 55110
(612) 490-2000
3535 VADNAIS CENTER DRIVE. 200 SEH CENTER. ST PAUL, MN 55110 612490-2000 800325-2055
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION
March 14, 1997 RE: Eagan, Minnesota
Street Improvement Report
Donald Avenue
City Project No. 714
SEH No. A-EAGAN9706.00
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mayor and City Council:
Enclosed is our report for the Donald Avenue - Street Improvements, City Project No. 714.
The report discusses the proposed street resurfacing improvements and presents cost estimates for
these improvements. In addition, estimated assessment rates per parcel have been included.
We would be pleased to meet with you at your convenience to discuss this report.
Sincerely,
Kenneth R. Meister, P.E.
tlo
SHORTELLIOTT
HENDRIChSON INC. MINNEAPOLIS, MN ST CLOUD, MN CHIPPEIVA FALLS, Wl MADISON. WI
EQUAL OPPORTUNITY EMPLOYER
LAKE COUNTY. 1N
Table of Contents
Certification Page
Letter of Transmittal
Table of Contents
Page
Introduction...................................................... 1
Scope........................................................... 2
Feasibility and Recommendations ................................... 2
Street Evaluation ................................................. 3
Proposed Improvements ........................................... 3
Easement/Permits................................................ 3
CostEstimate .................................................... 4
Street Resurfacing 4
Assessments..................................................... 4
Street Resurfacing 4
Assessment Financing Options ..................................... 6
RevenueSource .................................................. 6
ProjectSchedule ................................................. 7
Donald Avenue
Eagan, Minnesota
A-EAGAN9706.00
Page
List of Appendices
Appendix A
Preliminary Cost Estimate
Appendix B
Preliminary Assessment Roll
Appendix C
Exhibits
Exhibit 1 - Location Map
Exhibits 2 & 3 - Assessment Area Map
Exhibit 4 - Typical Section (Mill and Overlay)
Donald Avenue A-EAGAN9706.00
Eagan, Minnesota � Page ii
February 26, 1997
(Revised March 14, 1997)
Street Improvement Report
Donald Avenue
Eagan, Minnesota
Introduction
As a part of Eagan's pavement maintenance program, the City is
responsible for evaluating streets within the community throughout their
life cycle. In 1989, a Pavement Management Program was developed
that allowed the City to evaluate the condition of the existing pavement
surface for all the streets and schedule timely maintenance. A Five Year
Capital Improvement Program for street rehabilitation was developed
from this information.
Donald Avenue from Yankee Doodle Road to Letendre Street has been
identified for street resurfacing improvements in 1997. Exhibit 1
illustrates the project location.
Donald Avenue was constructed in 1973 to a width of 32 feet (face to
face) and is classified as a residential street.
Based on the data and engineering strategies available at this time, the
City's current pavement management program incorporates local and
ongoing maintenance with seal coating occurring at 5 to 7 years, at 12 to
14 years, and a bituminous overlay at approximately 20 years.
Resurfacing the street in this development, which is presently at that 20+
year time frame, will prevent further decay of the pavement surface and
subgrade, thus protecting and extending the structural life of the street.
This street has been rated several times since 1989 and the field data
gathered indicates what maintenance strategies are appropriate.
Timely maintenance work, such as bituminous milling and patching,
crack sealing and seal coating have occurred at appropriate intervals
during the life of these pavements. This maintenance work has extended
the life cycle of the pavement and allowed these streets to remain in the
resurfacing category and not the reconstruction category.
A-EAGAN9706.00
�3- Page 1
The City of Eagan's maintenance records indicate that this street was last
seal coated in 1987. The Public Works' maintenance program typically
includes extensive patching and crack sealing during the summer prior to
the seal coat.
Scope
This project provides for resurfacing (mill and overlay) 0.43 miles of
Donald Avenue from Yankee Doodle Road to the end of the cul-de-sac
(north of Letendre Street). Exhibits 1, 2, and 3 illustrate the project area.
Also included is the replacement of damaged curb and gutter and
subgrade correction in isolated areas.
Feasibility and Recommendations
This project is necessary to prevent further decay of the pavement
surface, create a safer driving surface, increase rideability and add
structural strength.
This project is cost effective in that the proposed improvement
(resurfacing) is considerably less expensive than totally reconstructing
these streets.
This project is feasible from an engineering standpoint in that this type of
improvement has been used successfully to extend the life expectancy of
streets.
This project is in accordance with the Five Year Capital Improvement
Plan (1997 - 2001) for the City of Eagan as outlined in the Pavement
Management Program. It is recommended that the street be milled and
overlaid as proposed in this report and combined with the Wescott Road
Mill and Overlay Project, City Project No. 704 as one contract.
Donald Avenue A-EAGAN9706.00
Eagan, Minnesota /i�
Page 2
Street Evaluation
The City of Eagan Pavement Management Program allows the City to
evaluate the condition of the existing street surface to schedule timelv
maintenance and improvements. The Pavement Condition Index (PCI)
ranks the surface condition for each street.
The general categories which define PCI rankings are as follows:
M Recommended Improvement
56-100 Routine Maintenance/Crack Seal/Seal Coat
36-55 Patch/Repair and/or Overlay
0-35 Reconstruct
The 1996 PCI ranking for this street discussed in this report has an
average pavement condition rating of 40 and falls within the rankings of
the "Patch / Repair and/or Overlay" category (resurfacing).
Proposed Improvements
The proposed street improvement for Donald Avenue is shown on
Exhibit 4. The existing bituminous surface will be milled adjacent to the
existing curb and gutter to accommodate a 11/s -inch bituminous overlay.
Patching and leveling as needed will be done prior to the overlay.
Damaged curb and gutter will be replaced if severely cracked, spalled or
settled. It is estimated that approximately 10 percent of the existing
concrete curb and gutter will have to be replaced.
Subgrade correction will be required in isolated areas that show extensive
distress. This work involves removal of the bituminous surface,
aggregate base and subcutting the street as necessary. The subcut would
be backfilled with granular material and draintile installed where needed.
The street would be patched with aggregate base and bituminous to the
existing thicknesses.
The combination of crack sealing, patching, and overlay will not totally
eliminate cracking because of the temperature extremes experienced in
Minnesota. Routine maintenance will still need to continue. Bituminous
overlays will show some continued frost movements and reflective
cracking consistent with the underlying pavement.
Easement/Permits
All work will be in the public right-of-way. No additional easements will
be necessary.
It is anticipated that no permits will be required for the resurfacing
project.
Donald AvenueA-EAGAN9706.00
Eagan, Minnesota Y-3, Page 3
Cost Estimate
Detailed cost estimates are located in Appendix A. The estimates are
based on anticipated 1997 construction costs and include a 10 percent
contingency and indirect costs of 35 percent which include legal,
administration, engineering, and bond interest. A summary of the costs
are as follows:
Street Resurfacing
• Mill and Overlay ......... ................... $43,590
• Repair Existing Concrete Curb and Gutter .......... 11,200
• Subgrade Correction .......................... 25.170
Total .............. $79,960
Assessments
Assessments are proposed to be levied against the benefitted property in
accordance with the City of Eagan Assessment Policy. A preliminary
assessment roll is included in Appendix B.
Street Resurfacing
Mill and Overlay
Repair Existing Concrete
Curb and Gutter
Subgrade Correction
Mill and Overlay
Repair Existing Concrete
Curb and Gutter
Subgrade Correction
Residential
Assessed Ratio
City
50%
50%
0%
100%
0%
100%
High Density
Residential
City
75%
25%
0%
100%
0%
100%
All the properties shop: a on Exhibits 2 and 3 having frontage along the
street are proposed to be assessed.
Donald Avenue A-EAGAN9706.00
Eagan, Minnesota —r� Page 4
J
The residential properties will be assessed.on a per lot basis. Properties
with their frontage on Donald Avenue and other streets will be assessed
if their property could be split into another lot and have frontage on
Donald Avenue.
The high density residential property will be assessed on a front foot
basis.
The following calculations were used to determine the assessment rates:
437.25 ft. (Frontage of High Density Residential)
3,572 ft. (Total Frontage)
x 100 = 12.24%
[$43,590 (Mill and Overlay Cost) x 12.24%] x 75% _ $4,002 Total High Density
Residential. Assessment
$4,002 (Total High Density Residgntial Assessment) High Density
$9.15/ft. Residential
437.25 ft. (Frontage of High Density Residential) Assessment
[$43,590 (Mill and Overlay Cost) - $4.002 (Total x 50% _ $19,794 Total Residential
High Density Residential Assessment] Assessment
$19,794 (Total Residential Assessment) _ $659.80 Assessment/Lot
30 (Residential Lots)
Donald Avenue A-EAGAN9706.00
Eagan, Minnesota Page 5
Assessment Financing Options
The property owner will have the option of the time of the assessment
hearing to pay the full assessment or include the assessment in with their
property tax statement. If the assessment is included with the property tax
statement, the assessment will be spread over five years with the interest
rate determined by the results of the bond sale used to finance the
improvements. The following payment schedule will result based on an
8.5 percent interest rate for the assessed amounts:
Residential Lot = $659.80
Principal Interest Cost
Per Year Per Year Per Year
First Year $132 $56 $188
Fifth Year $132 $11 $143
Revenue Source
A summary of revenue sources is listed below:
Project Property City
Cost Assessment Contribution
Mill and Overlay
Repair Existing Conc.
Curb and Gutter
Subgrade Correction
Total
$43,590 $23,796 ($19,794)
11,200 0 (11,200)
25,170 0 (25,170)
$79,960 $23,796 ($56,164)
The estimated project deficit of $56,164 will be financed by the City's
Major Street Fund.
Donald Avenue A-EAGAN9706.00
Eagan, Minnesota Page 6
Donald Avenue
Eagan, Minnesota
Project Schedule
Present Feasibility Report to City Council/
Order Public Hearing ... March 18, 1997
Public Hearing ......... ..... _ ...... ......... April 15, 1997
Approve Plans and Specifications ................. May 20, 1997
Award Contract ............................... June 17, 1997
Project Completion September 1, 1997
Final Cost Report ............. ........... September 15, 1997
Final Assessment Hearing .................... November 3, 1997
First Payment Due with Property Tax Statement ......... May 1998
�y
A-EAGAN9706.00
Page 7
Appendix A
Preliminary Cost Estimate
Preliminary Cost Estimate
Donald Avenue
Street Improvement
City Project No. 714
Street Resurfacing
Mill and Overlay
Item
Unit
Est.
Qty.
Unit Est.
Price Cost
Mobilization
L.S.
1
$2,000.00 $2,000
Adjust Manhole Casting
Each
6
$220.00 $1,320
Adjust Gate Valve Box
Each
4
$150.00 $600
Mill Bituminous Surface
S.Y.
2,500
$1.50 $3,750
Bituminous Material for Tack Coat
Gal.
350
$1.50 $525
Type 31 Leveling Mixture
Ton
150
$30.00 $4,500
Type 41 Wear Course Mixture
Ton
580
$27.00 $15,660
Traffic Control
L.S.
1
$1,000.00 $1,000
Subtotal $29,355
+ 10% Contin encies 2.935
Subtotal $32,290
+ 35% Indirect Costs 11,300
TOTAL. $432590'
Repair Existing Concrete Curb
Item
Unit
Est.
aty.
Unit
Price
Est.
Cost
Remove Concrete Curb and Gutter
L. F.
370
$5.00
$1,850
D412 Concrete Curb and Gutter
L. F.
370
$12.00
$4,440
Bituminous Patch Mix
Ton
10
$80.00
$800
Sod
S.Y.
90
$5.00
$450
Subtotal
$7,540
+ 10% Continqencies
755
Subtotal
$8,295
+ 35% Indirect Costs
2,905
TOTAL
$11,200
/G/
4
III. Subgrade Correction (As Necessary)
Item
Unit
Est.
Oty.
Unit
Price
Est.
Cost
Remove Bituminous Pavement
S.Y.
650
$3.00
$1.950
Sawing Bituminous Pavement
L.F.
200
$2.00
$400
Subgrade Excavation
C.Y.
300
$8.00
$2,400
Select Granular Borrow
C.Y.
200
$10.00
$2.000
Aggregate Base, Class 5
Ton
200
$12.00
$2,400
4" P.E. Perforated Draintile
L. F.
200
$7.00
$1,400
Bituminous Patching Mix
Ton
80
$80.00
$6,400
Subtotal
$16,950
+ 10% Contingencies
1,695
Subtotal
$18,645
+ 35% Indirect Costs
6.525
TMAL
Appendix B
Preliminary Assessment Roll
/�3
Preliminary Assessment Roll
Donald Avenue
Street Improvement
City Project No. 714
Residential
Address
P.I.N.
No. Lot
Equivalents
Unit Assessment
Total
Letendke Addition
3389 Donald Avenue
10-44900-012-01
1
$659.80
$659.80
3383 Donald Avenue
10-44900-011-01
1
$659.80
$659.80
3377 Donald Avenue
10-44900-030-01
1
$659.80
$659.80
3371 Donald Avenue
10-44900-043-01
1
$659.80
$659.80
3365 Donald Avenue
10-44900-050-01
1
$659.80
$659.80
3359 Donald Avenue
10-44900-052-01
1
$659.80
$659.80
3351 Donald Avenue
10-44900-060-01
1
$659.80
$659.80
3345 Donald Avenue
10-44900-071-01
1
$659.80
$659.80
3325 Donald Avenue
10-44900-081-01
1
$659.80
$659.80
3319 Donald Avenue
10-44900-090-01
1
$659.80
$659.80
3315 Donald Avenue
10-44900-105-01
1
$659.80
$659.80
3311 Donald Avenue
10-44900-112-01
1
$659.80
$659.80
3305 Donald Avenue
10-44900-122-01
1
$659.80
$659.80
3300 Heritage Lane
10-44900-130-01
1
$659.80
$659.80
3296 Heritage Lane
10-44900-140-01
1
$659.80
$659.80
3290 Heritage Lane
10-44900-150-01
1
$659.80
$659.80
1730 Letendre Street
10-44900-160-01
1
$659.80
$659.80
t ilquere Addition
3340 Donald Avenue
10-29900-010-01
1
$659.80
$659.80
3344 Donald Avenue
10-29900-020-01
1
$659.80
$659.80
3348 Donald Avenue
10-29900-030-01
1
$659.80
$659.80
-Robed'-Keraft Addition
3280 Donald Avenue 10-41300-010-01 1
$659.80 $659.80
3284 Donald Avenue 10-41300-020-01 1
$659.80 $659.80
3290 Donald Avenue 10-41300-030-01 1
$659.80 $659.80
3294 Donald Avenue 10-41300-040-01 1
$659.80 $659.80
3298 Donald Avenue 10-41300-050-01 1
$659.80 $659.80
3302 Donald Avenue 10-41300-060-01 1
$659.80 $659.80
3306 Donald Avenue 10-41300-070-01 1
$659.80 $659.80
3310 Donald Avenue 10-41300-080-01 1
$659.80 $659.80
3314 Donald Avenue 10-41300-090-01 1
$659.80 $659.80
3318 Donald Avenue 10-41300-100-01 1
$659.80 $659.80
Total 30
$65910. $1094.00
/� x
High Density Residential
Address P.I.N.
Frontage
Assessment Rate
Total
Robert Karatz Addition,
Rental Apartments
10-41300-120-01
88.0
$9.15/ft.
$805.20
Rental Apartments
10-41300-121-01
349.25
$9.15/ft.
$3,195.64
Total
437.24.
.29.15ift-.
$4,WO.84
Appendix C
Exhibits
Exhibit 1 - Location Map
Exhibits 2 & 3 - Assessment Area Map
Exhibit 4 - Typical Section (Mill and Overlay)
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MILL AND OVERLAY
FILE NO.
EAGAN9706.
DAT .
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TYPICAL SECTION
O ALD AVENUE
OJECT NO. 714
GAN, MINNESOTA
EXHIBIT
NO. 4
CITY PROJECT NO. 714
Donald Avenue
SEH No. A-EAGAN9706.00
Informational Neighborhood Meeting
Monday, March 10, 1997
6:30 p.m. Council Chambers
111IINUTES
Attendance: Tom Colbert, Arnie Erhart, Tom Struve, City of Eagan; Tom Sohrweide, SEH;
10 people (see sign -in sheet)
A. Welcome and Introductions
• Tom Colbert welcomed the residents and introduced staff people.
• City of Eagan started street rehabilitation a number of years ago.
• In 1989, a Pavement Management Program was developed.
• Your streets are not the first needing improvements, nor the last.
• Information being provided at tonight's meeting is to inform the residents of the project
prior to the formal public hearing scheduled for April 15, 1997.
B. Community/Neighborhood History and City's Pavement Management Program
• Arnie Erhart explained Pavement Management. In last 17 years, the City of Eagan has
added about 80 percent of its streets.
Discussed aging of streets generally with a life of 18 to 25 years. Factors affecting the
conditions of streets:
- Subgrade
- Traffic
- Weather (Freezing and Thawing)
• In 1989 Braun Intertec developed computerized Pavement Management System for the
City. Streets are field rated and a pavement condition index is developed for each street
from 0 to 100.
1-35 Reconstruction
36-55 Rehabilitation - Overlay
56- 100 Preventative Maintenance - Crack Filling, Seal Coat
• Eagan streets have generally lasted longer than 20 years. By using the Pavement
Management Program, the City can schedule the right maintenance at the right time.
• Arnie displayed the map of Capital Improvements for 1997 - 2001. If nothing is done to
these streets, they will need reconstruction in 5 to 7 years and will result in high
maintenance costs.
• Donald Avenue ranks in the area of needing structural improvement.
ISI
Meeting Minutes
March 10, 1997
Page No. 2
C. Eagan's Protective/Preventative Maintenance Program - (Tom Struve)
The City of Eagan has 218 miles of streets. Tom explained the day-to-day operations and
showed slides of patching and preparing streets for seal coating and overlays.
In addition, slides were shown of last year's projects, South Hills Addition and Wilderness Run
Road and of the condition of the Donald Avenue pavement.
D. Project No. 714 Details (Tom Sohrweide)
• Described the proposed project as a mill and overlay. Explained what happens during this
type of construction.
• Discussed the project schedule. Formal public hearing at the April 15, 1997 City Council
meeting. At this meeting the Council will decide if the project proceeds. If it proceeds,
completion is schedule for September 1, 1997.
• The project is proposed to be combined with the mill and overlay of Wescott Road,
Denmark Avenue, and the resurfacing of Heine Strasse.
• The estimated total project cost is $95,400.00 with a proposed assessment of $31,926.00.
• Discussed the City's assessment policy. The high density residential areas are assessed
on a front foot basis based on 75 percent of the mill and overlay costs and their
proportionate street frontage. The single family residential lots are assessed on a per lot
basis for 50 percent of the remaining mill and overlay costs. Single family residential lot
assessment estimate equals $662.10. High density residential assessment estimate equals
$9.23/foot.
• Payment of the assessments was discussed.
E. Summary by Tom Colbert
• The options for this roadway are: 1) do nothing now and reconstruct in the future, or
2) proceed with the mill and overlay now.
• Reconstruction costs have ranged up to $2,500 per lot.
• It is recommended that the mill and overlay project proceed to maintain the structural
integrity of the street.
• The City is willing to invest in the street at this time if the neighbors are also willing.
F. Questions
1. Are lot assessments per lot or per front foot?
Single family residential lot assessments are per lot.
2. The apartment buildings should pay more because they generate most of the traffic on the
street.
The methods used are based on the ability to show benefit and have been upheld in the
courts. Apartment complexes will counter the argument by saying theY provide and
maintain their own private streets.
Meeting Minutes
March 10, 1997
Page No. 3
3. Why is Donald Avenue north of Letendre Street being proposed for the project? It looks
to be in good shape. It would be a waste of money, it only needs sealcoating.
The street is looked at as a whole to maintain some uniformity with regard to scheduling
of repair work and ultimate life of the street. There are also economies of scale in,
undertaking a construction project. Staff will reexamine that area and respond to the
resident with the question at 3233 Donald Avenue. The Council can be asked to delete
that portion of Donald Avenue.
4. Holes were left unpatched in the street all of last year.
If residents are aware of a hole in the street, they should notify the City and it will be
evaluated and patched.
5. The City should consider using calcium chloride instead of sodium chloride for winter ice
control.
Calcium chloride is more expensive, to date staff hasn't seen conclusive evidence that it
is better to use. Sodium chloride doesn't react with bituminous pavement as it does with
concrete and metal.
6. The area of Donald Avenue just north of Yankee Doodle Road has a very bad subgrade,
this was previously a swampy area.
Subgrade correction may have to occur in this area.
7. How was Wilderness Run assessed?
There was an equivalent cost per residential lot figured and the assessment was based per
lot.
8. Tom Colbert indicated that additional payment by the apartment buildings wouldn't
necessarily lower the single family lot assessment. Additional payment could offset City
payments.
9. Why were they assessed when Coachman Road was put in in the mid-70s?
Not familiar with what happened at that time.
10. How much curb and gutter will be replaced?
Estimated to be 10 percent.
11. A drain plugged at the southeast comer of Heritage Lane/Letendre Street, was reported
to a City of Eagan truck driver, and nothing was done.
Staff will follow up and check on the drain.
12. Who patches potholes on Letendre at Highway 13?
Mn1DOT is responsible and is currently patching on Highway 13.
173
Meeting Minutes
March 10, 1997
Page No. 4
13. Why wasn't a sealcoat done in 1992?
The last sealcoat was done in 1987 and is generally done every 8 to 10 years.
14. Will Letendre Street be closed at Highway 13 when Highway 13 is widened?
This hasn't been decided The City will be conducting a corridor study to evaluate this.
15. How is the corner lot at 1730 Letendre Street assessed?
Assessments are made if a property has direct driveway access onto the street or if the
property could be subdivided with 85 feet of frontage while maintaining the required
setback on the existing house, with the subdivided area having frontage on the street.
16. Are 3225 and 3217 Donald Avenue being assessed?
Yes, they both have driveway access onto Donald Avenue.
17. What is the minimum lot size in Eagan?
12,000 square feet with 85 feet of frontage.
18. What are the required setbacks?
30 feet from the road right-of-way and 10 feet from the side yard for living quarters.
19. When would the assessment have to be paid in full?
Within 30 days after the assessment hearing.
Meeting adjourned at 7:45 p.m.
sah
F:1FROIBCfS\EAGAN19706%MI5CWMMIN.M 12
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INFORMATIONAL MEETING
PROJECT 714
DONALD AVENUE
MONDAY, MARCH 10, 1997,6:30 P.M.
NAME ADDRESS
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ATTENDED INFORMATIONAL
PUBLIC MEETING
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FILE NO 110,
AVffM I EAGAN9706.V" -0?DO ALD AVENUE EXHBrr
5ATE: OJECT NO. 714
O&TO 2/ NO. 3
RFV AGAN, MINNESOTA
Agenda Information Item
April 15,1997 Eagan City Council Meeting
OLD BUSINESS
A. RECONSIDERATION OF DENIAL- GARDENWOOD PONDS 3" ADDITION
ACTION TO BE CONSIDERED:
➢ To approve or deny a request by D.R. Horton asking for a Reconsideration of Denial of the
Preliminary Subdivision of Gardenwood Ponds 3' Addition.
FACTS:
➢ 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 feet in length and directed the City Attorney's
office to prepare Findings of Fact.
On January 21, 1997 the developer requested 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 feet.
ISSUES:
➢ Don Patton, D.R. Horton, has. submitted a letter requesting the City Council reconsider his
request for a continuance for a second time. Since the last meeting Ivlr. Patton has met with
the neighborhood to discuss different concepts to alleviate their concerns. It is the
developer's desire to be continued rather than denied.
➢ If continued, the applicant may revise the plans under the current application. If desired, the
Council may send the Applicant back to the Advisory Planning Commission for review of
the revised plan, advise the residents of the public hearing and forward its recommendation
back to the Council.
ATTACHMENTS: (1)
Letter from D.R. Horton - pages -
D. R. HORTON INC., - MINNESOTA
3459 Washington Dr., Suite 204
Eagan, MN 55122
612 4544663 ext. 140
Fax 612 454-0460
1025
25 March 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.
Attached is an Analysis of two Concepts that are solutions to the replat. By the Council
approving Concept 1, we have virtually eliminated tree loss, but a variance on the length
of the cul -d -sac would have to be approved.
We appy i to your id r tion in the approval of this request.
Don Pat on
Manager of Land Development
cc:Tom Hedges
ANALYSIS OF OPTIONS
FOR THE REVISION OF PRELIMINARY PLAT
GARDEN WOOD PONDS PHASE III
FACTS BEARING ON ANALYSIS:
A. D.R. Holton has an approved preliminary plat under R-1 zonong.
B.' the original plat approval had a variance approving a cul -d -sac over 570 feet.
C. Sienna owns Outlots C and D of Bridle Ridge 2d Addition that are contiguous
to Phase III of Gardenwood Ponds.
D. topography did not allow Outlots C and D to be developed with the Bridle
Ridge development.
E. the historical background of this development proposal is outlined in Planning
Report 23 -PP -20-9-96, dated November 20, 1996.
F. the Council approved the Rezoning of Outlots C and D on January 7, 1997.
G. the Concepts were reviewed with the Board of Directors of the Eagan Hills
Farm Homeowners Association on January 21, and March 4 1997, and
and some concerned individuals on March 17, 1997, and received their
acceptance with conditions stated in the enclosed March 25 letter.
H. water quality ponding has been reviewed and judged acceptable as part of the
revised preliminary plat process.
I. Agreement has been reached with the Parks Director on the path to be built on
east side of Outlots C and D.
J. any option requires for some tree loss to occur for the installation of the
sanitary sewer line along the north side of Northview Park Road.
K. there are numerous cul -d -sacs in the City over 500 feet long and one over
2,000 feet long.
PLANNING OPTIONS:
A. CONCEPT 41 is a layout that conforms to the property boundaries and
ponding requirement. The cul -d -sac is in excess of 700 feet in length,
but this allows the building pads to be located outside the tree line.
This variance would allow the tree loss to be reduced to virtually zero.
B. CONCEPT #2 is a layout that requires no variance on the cul -d -sac. It
requires the building pads to be moved to the original location. Under
this option, the tree loss of 18.1% still falls under the allowable limits of the
City ordinances. This 18.1% loss is based on the removal of 34 trees.
ANALYSIS OF OPTIONS:
It is the objective of D.R. Horton to develop neighborhoods that the consumer\
homeowner wants to buy and that will retain value for the City in years to come.
Concept 42 does conform to the City ordinances, but does not meet the objectives
of the Bridle Ridge homeowners, nor does it seem to be in the best interest of the
City. It is generally agreed that ordinances should be guidelines for development,
but property lines and topographic features require human judgement in the
granting of variances from ordinances.
Concept #1 requires a variance on the length of the cul -d -sac allowed by the City
ordinance, but it reduces the loss of trees to almost zero. The hardship in the loss
of trees allowable in Concept #2, would seem to be a compelling reason to
approve Concept #1.
�g(
D. R. HORTON INC., - MINNESOTA
3459 Washington Dr., Suite 204
Eagan, MN 55122
612 454-4663 ext. 140
Fax 612 454-0460
25 March 1997
Eagan Hills Farms Homeowners Association
ATTN: Kim Kuhn
828 Trotters Ridge
Eagan MN 55123
SUBJECT: Northridge Development
Gentlemen:
This letter is to confirm the commitments that we discussed at our meeting on
March 17th at our Model in Eagan. We presented an option that eliminated the
Cul -d -sac with a loop street and had a tree loss that was under the limits for tree loss.
Our preferred (Concept #1) option has Cul -d -sac that exceeds 700 ft, but reduces the
tree loss to virtually zero. The Cul -d -sac length is an item that the City Council can
grant a variance. The support of your members can help with the approval of our
Concept #1.
The following are our agreed conditions for your members support of our Concept #1.
The Lots of greatest concern are Lots 3, 4, 5,& 6.
A. Setbacks on the front yards will be 30 feet
B. Maximum house pad depth is 50 feet
C. Lots 3, 4, 5, &6 will be designated for development as FLAT lots
D. Custom grading of lots will assure protection of trees
E. The width of the sewer trench will be minimized by using a BOX
in the excavation.
I will contact the City to resume the processing of the development approval.
We want to assure that the tree loss is as much a concern to us as it is to you.
Don Patton
Manager of Land Development
cc: Wayne Bugasch
� �3
Agenda Information Memo
April 15, 1997
NEW BUSINESS
ACTION TO BE CONSIDERED: To approve/deny a request to temporarily close Dunberry
Circle (June 13 - 15) and permit a block party wedding reception.
FACTS:
* City staff has received a request from Shane Meisner, of 1295 Dunberry Circle, to
temporarily close the Dunberry Circle cul-de-sac for June 13-15 to allow the erection of a
30'x40' tent to be constructed in the middle of the cul-de-sac to accommodate a wedding
reception. Also included is a request to temporarily park vehicles on City utility property
adjacent to the Cliff Road reservoir (presently being demolished).
* The City Council has previously authorized City staff to administratively allow the
temporary closures of cul-de-sacs for block parties with the appropriate deposit for traffic
cones and barricades. However, this request exceeds what is considered typical by staff and
is being forwarded to the City Council for their consideration.
* The application has been reviewed by Police, Fire, Public Works and Risk Management
departments. A summary memo has been provided regarding any/all concerns.
ATTACHMENTS:
• Letter of request with on map, pa J through
• Staff memo, pagesthrough
! r! , J !
1295 Dunberry Cr
Eagan, MN 55123
(612) 686-0437
March 31, 1997
City of Eagan Public Works Dept.
3501 Coachman Point
Eagan, MN 55122
Dear Sirs,
Please find enclosed my application for block parry traffic cones.
This application is made with the intent of setting up a large tent in the cul-de-sac of
Dunberry Circle in Eagan for a weeding reception on June 14. The tent would be set up
on June 13 and removed on June 15.
Although the tent will be in place for a period of two nights, I feel there is no need to
request a complete closure of the street for these dates. The area of the cul-de-sac is still
large enough to allow traffic , including emergency vehicles, to move around the tent with
no hindrance (see figure 1).
In addition to this request, I would also like to inquire as to the possibility of allowing the
reception guests to park in the lot adjacent to the water tower at the intersection of
Dunberry Lane and Cliff" Road. This would allow centralized, convenient parking for the
guests while eliminating traffic congestion caused by cars being parked on both sides of
Dunberry Lane and Ches Mar Drive. Also, it would alleviate the irritation some home
owners may have with guests parking in front of their house.
Please feel free to contact me at (612) 686-0437 if you have any questions or require
fiuther information.
Sincerely,
Shane Meisner
PERMIT FOR STREET CLOSURE
AND
APPLICATION FOR BLOCK PARTY TRAFFIC CONES
NAME OF STREET:
STREET CLOSED IN FRONT OF THESE ADDRESSES:
3os^ 1 -,?n7
ssssssssssssssssssssssssssssssssssssssssssssssssssassssssssssssss
DATE OF CLOSURE: C 13 /ice 7 TIlv1F: From s ssssssssssssssss �6
Name:
Signature -,
Address:
Home Phone: e 6- 0 7
Application form must be signed and
completed by a resident affected by
and responsible for the street closure,
a minimum of 5 working days prior to
the requested date to allow notification
of various departments.
/997
Pick Up Date
Work Phone: P,—- —7/�
Date: '
# of Traffic cones (28") issued for a $25.00 deposit by:
(Staff Person)
5 Amount received by
(Staff Person)
# of Trak cones returned
Amount Due ($8.00 for eachmissing cone)
Amount Paid for Missing Cones
Distribution:
(Staff Person)
Police Department
Fire Department
Clerical Staff sin
(Over) Rev. 4/11/95
i
4
li'7
MEMO
ENGINEERING DIVISION
city of eagan
TO: MAYOR & CITY COUNCIL C/O TOM HEDGES, CITY ADMINISTRATOR
FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: APRIL 10,1997
SUBJECT: BLOCK PARTY STREET CLOSURE REQUEST - DUNBERRY CIRCLE
On March 31, 1997, the City staff received a request to temporarily close Dunberry
Circle for a neighborhood block party wedding reception. Typically, these kind of block
party street closure requests are processed and issued administratively. However, this
one is a bit unique and is being forwarded to the City Council for their consideration on
April 15.
The application requests the installation of a 30'x40' tent to be constructed in the middle
of a cul-de-sac beginning June 13 and removed on June 15. They're also requesting
permission to temporarily park vehicles on the City's utility property adjacent to the Cliff
Road reservoir (presently being demolished).
This request was distributed to the Police, Fire, Public Works Maintenance and Risk
Management Departments for review and comment. The following is a summary of
comments and concerns relating to this request.
# No significant concerns.
A minimum fire access lane 20' wide must be maintained free of any obstructions
around the cul-de-sac.
• Structural stability of tent/canopy must be properly anchored/braced as approved by
Fire Marshall.
All tents/canopy structures must be of flame retardant material with verifiable
certification.
Smoking, fire works, open flames and other hot objects shall not be permitted inside
the tent/canopy area. "No Smoking" signs must be conspicuously posted.
• Fire extinguishers must be readily available.
• Qualified person(s) must be designated for the security and safeguard of the
premise as approved by the Fire Marshall.
• Heating and cooking equipment must be in accordance with the Mechanical Code or
approved by the Fire Marshall.
Public Works
• Concerns expressed regarding parking on a grass covered site with poor lighting,
steep slopes, and potential damage resulting from potential wet/saturated soils.
(Reservoir demolition completion date is June 3, 1997.)
• Concern with potential damage to pavement structure relating to tent supports.
Damage deposit required? Amount?
• Type I or II barricades with flashers required during nondaylight hours.
►� •-
• Liability exposure due to potential access limitations (emergency and other
vehicles), potential damage to City -owned property, and potential injuries resulting
from activity taking place on public property and a dedicated roadway (including
parking on public property not designated as a parking lot).
• A special event insurance policy paid for by the applicant should be provided
covering the City and its agents/employees with minimum liability and property
damage coverage of $1,000,000.
• If liquor is served, additional liquor liability insurance with the same limits should be
included in the coverage. (Note: There is no provision in the City Code that would
allow liquor to be sold as a part of this function.)
., The insurance coverage will not eliminate the City's potential liability but will provide
some level of protection.
General Concerns
• The public purpose or benefit of this use of public right-of-way should be delineated.
•, Will this set a precedence for future similar requests competing with community park
facilities available for such activities.
If the City Council approved this request, specific direction should be given to staff or
conditions contained within the approval to allow staff to administer this permit process.
Respectfully submitted, cc: Shane Meisner, Applicant
irector of Public Works
TAC/jj
V�7
Agenda Information Memo
April 15,1997 - Eagan Advisory Planning Commission
B. ORDINANCE AMENDMENT REGULATING ANTENNA, TOWERS,
SATELLITE DISHES AND WIND ENERGY CONVERSION SYSTEMS
ACTION TO BE CONSIDERED:
To approve/deny an amendment to the Eagan City Code Chapter 4, "Construction Licensing,
Permits and Regulation, Including Signs, Excavations and Mobile Home Parks" by deleting
Section 4.50 "Placement, Erection and Maintenance of Wind Energy Conversion Systems and
Radio or T.V. Towers" and amending Chapter 11, "Land Use Regulations (Zoning)" by adding
Section 11. 10, Subdivision 30, regarding regulations of "Antennae, Towers; Satellite Dishes and
Wind Energy Conversion Systems".
FACTS:
The APC and Staff have been working with representatives of the communication service industry
to develop an ordinance in response to the need for communication service providers to establish
communication networks within the city. Workshop meetings to review the proposed ordinance
amendment were held on; June 25, 1996, October 10, 1996, and November 14, 1996.
The APC held a Public Hearing for the Antenna/Tower Ordinance amendment at their regular
meeting on March 25, 1997, and recommended approval.
ISSUES:
• At the Public Hearing, representatives from American Portable Telecom and AT & T spoke and
requested changes including; broadening the number of zoning districts permitting freestanding
towers, not restricting freestanding towers to the rear yard of a lot, and that equipment buildings
should not be required to be constructed of building materials of the principal building.
The APC responded to the public input by stating that the identified issues had been discussed
throughout the ordinance review process and should remain. The APC also informed the
communication service representatives that a change may be made at sometime in the future if a
need existed. The APC unanimously approved the ordinance with several incidental changes to
content which have been incorporated into the draft included in the CC packet.
BACKGROUND/ ATTACHMENTS: 3)
APC minutes of March 25, 1997, p s through�Z..
Ordinance, pages �ou1
APC Memo, page_ through�L.
10
Page 2
March 25, 1997
ADVISORY PLANNING COMMISSION .. '1 r—
�lRt'�1LJ
err �r
PUBLIC HEARINGS
ORDINANCE AMENDMENT
Commission Chair Heyl opened the first public hearing of the evening regarding
an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by
adding Section 11.10, Subd. 30, regarding regulations of Antennae, Towers, Satellite
Dishes and Wind Energy Conversion Systems."
Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the
information presented in his memorandum to the APC dated March 18, 1997.
Peter Coil of Hoffman & Larkin law
firm, representing American Portable
Telecommunications ("APT") expressed concern over the limited number of zoning
districts in which the towers are allowed. He noted that the location of towers are driven
by the elevation and radio frequency coverage and thus location within a zone not
permitted under the ordinance may be required. Mr. Coil inquired as to whether rooftop
mounted antennas are prohibited for commercial purpose to which Mr. Dorgan clarified
that free-standing towers are only allowed in two districts, Industrial and Public, whereas
rooftop antennas are allowed in any district as long as they meet the height requirements.
Mr. Dorgan further clarified that rooftop antennas in districts with residential uses shall
not be used for commercial purposes.
Mr. Coil pointed out that the language for the free-standing tower location states
that they must be placed in the rear of the yard. He suggested that this requirement may
be too restrictive for a best use of the property. Mr. Coil also stated that APT does not
usually construct an equipment building to hold the tower or antenna, but rather uses a
standard utility encasement. Mr. Coil proposed the question that if there was a brick
building on the lot, would they then expect the equipment building to be made of bricks.
In response to Mr. Coil's inquiry, Planner Dorgan stated if the principal equipment
building that they are looking for something aesthetically similar to the surroundings.
Member Frank inquired as to the size of the encasement, to which Mr. Coil responded
that they were not physically obtrusive and would usually include landscaping.
A Real Estate Agent, Ron Milke, who was representing AT&T, stated that outside
counsel, Peter Beck, had written a letter on behalf of AT&T Wireless Services proposing
similar concerns as those addressed by Mr. Coil. Commission Chair Heyl asked Planner
Dorgan to comment on the concerns of Mr. Beck. Planner Dorgan stated that the main
concern was to consider broadening the number of zoning districts which allow free-
standing facilities. There were four other concerns that are listed in the letter and one was
regarding wording, two clarifying the same point as Mr. Coil about the wireless
communication antennas in residential zoning districts and not understanding why those
are not allowed; three was addressing a subsection and Mr. Milke noted that the cost
Page 3
March 25, 1997
ADVISORY PLANNING COMMISSION
rr��ti Li
would be significantly less if it was allowed as stated; and four stating that their engineers
are not licensed and so they would like this wording to be taken out of the amendment.
Commission Chair Heyl closed the public hearing to the public.
Commission Chair Heyl stated that she has no concern in the letter regarding the
wording "rooftop" being replaced with the term "building mounted". In reference to the
fourth concern regarding the qualified license professional engineer, Commission Chair
stated that this would be changed and accepted. With regard to number three,
Commission Chair Heyl agreed with the suggestion to add a new subsection allowing
125 -foot facilities with one additional user. Member Burdorf clarified that the intent is to
have co -users to reduce cost. Commission Chair Heyl stated that the issue of commercial
antennas in residential areas had been discussed this summer and as for now would
remain as is. Member Burdorf stated that in the future there maybe a time when citizens
request a need for a change in this ordinance but until then he will not support it. Member
Frank suggested that an equipment building not be required as the height and width of the
cabinets are not that large and are in the back of the yards where they are not easily
visible. Member Burdorf noted that the language should be clear as to the maximum
height that a cabinet would not need an equipment building. Member Frank suggested
that staff would work on this issue with the communication service providers before it
would go to Council. Commission Chair Heyl raised the question of whether the cabinets
should be located in the side or the rear of the yard to which Member Frank responded
that he had no problem with it being the rear. Member Burdorf raised the question of
satellite dishes and how they would be seen in this ordinance, to which Planner Dorgan
stated that any new satellite dishes would be required to be in the rear yard; already
existing satellite dishes can remain as is. In regard to Member Frank's inquiry about
antennas on the houses, Planner Dorgan stated that that is allowed as long as the
maximum height of the antenna does not exceed 15 feet.
Member Miller moved, Member Bakken seconded, a motion to recommend
approval of an Ordinance Amendment Chapter 11 entitled "Land Use Regulations
(Zoning)" by adding Section 11.10, Subd. 30, regarding regulations of "Antennae,
Towers, Satellite Dishes and Wind Energy Conversion Systems" subject to the revisions
as discussed above.
All voted in favor.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND
REGULATION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY
DELETING SECTION 4.50; AMENDING CHAPTER ELEVEN ENTITLED "LAND USE
REGULATIONS (ZONING)" BY ADDING SECTION 11.10, SUBD.. 30, REGARDING
REGULATIONS OF ANTENNAE, TOWERS, SATELLITE DISHES AND WIND ENERGY
CONVERSION SYSTEMS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE
CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 4, is hereby amended by deleting Section, 4.50 entitled
"Placement, Erection and Maintenance of Wind Energy Conversion Systems and Radio or TV
Towers" in its entirety.
Section 2. Eagan City Code Chapter 11 is hereby amended by adding the following definitions to
Section 11.03, to read as follows:
Sec. 11.03. Definitions.
"Antenna" - A device used for transmitting or receiving electromagnetic waves, including but
not limited to: television or video, AM/FM radio, analog or digital, microwave, cellular or
personal communications service (PCS), telephone or data, or similar signals.
"Preferred Co -location Site" - An existing or approved tower, structure, or building which
may accommodate planned equipment for a proposed new tower within a one-half ('/_) mile
search radius of the proposed tower location.
"Satellite Dish" - An antenna device used for transmitting or receiving electromagnetic
waves, but which incorporates a reflective surface that is solid, open mesh, or bar figured and is
in the shape of a shallow dish, cone, horn, or cornucopia. For purposes of this Chapter only, a
satellite dish, which technologically constitutes an antenna as defined herein, shall be deemed as
a separate and distinct antenna and shall be specifically regulated as such in this Chapter.
"Tower" - Any freestanding structure designed specifically to elevate an antenna, satellite dish
or similar apparatus.
n 3
DRAFT
"Wind Energy Conversion System" - A device including a wind charger, windmill, or wind
turbine designed to convert wind energy to another form of usable energy such as electricity or
heat.
Section 3. Eagan City Code Chapter Eleven is hereby amended by deleting the phrase "Antenna -Radio
or TV" from Section 11.10, Subd. 19(A).
Section 4. Eagan City Code Chapter Eleven is hereby amended by adding Section 11. 10, Subd. 31, to
read as follows:
Subd. 31. Antennae, Satellite Dishes, Wind Energy Conversion Systems and Towers.
A. Purpose. The regulations and requirements of this Subdivision are intended to:
(1) Provide for the appropriate location and development of antennae, satellite dishes,
towers, and wind energy conversion systems which are often needed to serve the
residents and businesses within Eagan;
(2) Minimize adverse visual affects of antennae, satellite dishes, wind energy conversion
systems and towers through careful design, siting, and screening;
(3) Prevent damage to adjacent properties from the collapse or destruction of antennae,
satellite dishes, wind energy conversion systems and towers;
(4) Maximize the use of existing tower or structures in order to limit the number of
freestanding towers; and
(5) Provide restrictions and regulations which do not conflict with any Federal statute
or FCC rule or regulation.
B. Building Mounted Antennae and Satellite Dishes. Building mounted antennae and satellite
dishes shall be permitted in all zoning districts of the City, subject to the following
requirements:
(1) The height of any building mounted antenna or satellite dish, including its support
structure, shall not exceed 50% of the total building height or fifteen (15) feet above
the highest point of the root whichever is less;
(2) Accessory equipment associated with a building mounted antenna or satellite dish shall
be located within the building or within a roof or ground enclosure which is
constructed of materials and color scheme compatible with the principal building;
DRAFT
(3) Building mounted satellite dishes located within any Agricultural District ("A"); Estate
District CF'); Residential District ("R-1, R-2, R-3, R4, and R-5"); or Planned
Development District, within the area designated solely for residential uses under a
Planned Development Agreement ("PD") shall not be larger than one (1) meter (thirty-
nine inches (39")) in diameter, and
(4) Building mounted satellite dishes and antennae located within any Agricultural District
("A" ); Estate District ("E"); Residential District ("R-1, R-2, R-3, R-4, and R-5"); or
Planned Development District, within the area designated solely for residential uses
under a Planned Development Agreement ("PD") shall not be used for commercial
purposes.
C. Freestanding Satellite Dishes. Freestanding satellite dishes shall be permitted in all zoning
districts, subject to the following requirements:
(1) Freestanding satellite dishes shall be located in the rear yard;
(2) Accessory equipment associated with a freestanding satellite dish shall be located
within the principal building or within an enclosure which is constructed of materials
and color scheme compatible with the principal building or within an equipment
encasement not exceeding 10 feet(W) x 10 feet(L) x 5 feet(H) in size;
(3) Satellite dishes and any accessory equipment enclosures shall meet the setback
requirements for accessory structures as set forth in this Chapter of the City Code;
(4) Satellite dishes and accessory equipment enclosures shall not be located within any
utility or drainage easement; and
(5) Freestanding satellite dishes located within any Agricultural District CW'); Estate
District ("E"); Residential District ("R-1, R-2, R-3, R4, and R-5"); or Planned
Development District within the area designated solely for residential uses under a
Planned Development Agreement ("PD") shall not be used for commercial purposes.
(6) Freestanding satellite dishes shall not exceed fifteen (15) feet in height.
D. Freestanding Towers and Antennae.
(1) Freestanding Towers and Antennae in Residential Use Districts. Freestanding towers
and antennae shall be permitted as an accessory use only in Agricultural Districts ("A");
Estate Districts ("E"); Residential Districts ("R-1, R-2, R-3, R-4 and R-5"); and
Planned Development Districts within the area which is designated solely for residential
3
l��
DRAFT
uses under a Planned Development Agreement ("PD"), subject to the following
requirements:
(a) The combined height of a freestanding tower and any antenna mounted thereto
shall not exceed sixty (60) feet, in height, measured from the base of the tower
to the highest point of the tower, including any antenna mounted thereto;
(b) Permanent platforms or structures, exclusive of antennae, that increase off-site
visibility are prohibited;
(c) No more than one (1) freestanding tower shall be permitted on any one
residential lot;
(d) All setback requirements for accessory structures, as set forth in this Chapter,
shall be met, provided the minimum setback distance from a residential
structure shall be equal to the permissible height of the tower;
(e) The tower shall be located in the rear yard;
(fj The tower shall be self supporting through the use of a design that uses an
open frame or monopole configuration;
(g) No tower shall be used for commercial purposes.
(2) Freestanding Towers and Antennae in Non -Residential Use Districts. Notwithstanding
Paragraph (1) herein, freestanding towers and antennae shall be permitted pursuant to a
conditional use permit approved by City Council only in Limited Industrial Districts
("I-1 "); General Industrial Districts ("I-2"); Public Facility Districts ("P") and Planned
Development Districts within the area designated solely for industrial uses under a
Planned Development Agreement ("PD"), provided an antenna shall be a permitted use
in a Public Facility ("P") provided the antenna is placed or mounted on a City water
reservoir tank or tower. Freestanding towers and antennae permitted under this
Paragraph shall be subject to the following requirements:
(a) The combined height of any freestanding tower and antennae or satellite dishes
mounted thereto shall not exceed:
(i) one -hundred (100) feet, measured from the base of the tower to the
highest point of the tower-antenna/satellite dish combination; or
(ii) one -hundred twenty-five (125) feet, measured from the base of the
tower to the highest point of the tower-antenna/satellite dish
4
DRAFT
combination, provided the tower is designed to:
(A) Accommodate the applicant's antennae and at least one (1)
additional comparable antennae for other communication
providers;
(B) Accept antennae mounted at varying heights; and
(C) Allow the future rearrangement of antennae upon the tower.
one -hundred fifty (150) feet, measured from the base of the tower to
the highest point of the tower-antenna/satellite dish combination,
provided the tower is designed to:
(A) Accommodate the applicant's antennae and at least two (2)
additional comparable antennae for other communication
providers;
(B) Accept antennae mounted at varying heights; and
(C) Allow the future rearrangement of antennae upon the tower.
(b) All setback requirements for any accessory equipment building or structure
shall be met as set forth in this Chapter, provided the minimum setback distance
of the tower from any residential structure shall be equal to two (2) times the
height of the tower,
(c) The tower shall be located in the rear yard;
(d) The tower shall be self-supporting through the use of a design that uses an
open -frame or monopole configuration;
(e) Permanent platforms or structures, exclusive of the tower or antennae, that
increase off-site visibility are prohibited;
(f) Existing vegetation on the site shall be preserved to the greatest possible extent
Practical;
(g) Accessory equipment associated with freestanding towers and antennae shall
be located within an equipment building constructed of materials and color
compatible with principal building and surrounding area or within an equipment
encasement not exceeding 10 feet(W) x 10 feet(L) x 5 feetp in size.
5
(9
DRAFT
(h) The applicant shall provide a color manipulated "as built" photograph of the
tower as proposed for the location.
(i) No new tower shall be permitted unless the City Council finds that the
equipment planned for the proposed tower cannot be accommodated at any
preferred co -location site. The City Council may find that a preferred co -
location site cannot accommodate the planned equipment for the following
reasons:
(i) The planned equipment would exceed the structural capacity of the
preferred co -location site, and the preferred co -location site cannot be
reinforced, modified, or replaced to accommodate the planned
equipment or its equivalent at a reasonable cost, as certified by a
qualified radio frequency engineer,
The planned equipment would interfere significantly with the usability
of existing or approved equipment at the preferred co -location site, and
the interference cannot be prevented at a reasonable cost, as certified
by a qualified radio frequency engineer,
(iii) A preferred co -location site cannot accommodate the planned
equipment at a height necessary to function reasonably, as certified by a
qualified radio frequency engineer, or
(iv) The applicant, after a good -faith effort, is unable to lease, purchase or
otherwise obtain space for the planned equipment at a preferred co -
location site.
E. Wind Energy Conversion Systems. Wind energy conversion systems shall be permitted only
in Agricultural Districts ("A"); Limited Industrial Districts ("I-1"); General Industrial Districts
("I-2"); Public Facility Districts ("P") and Planned Development Districts within the area
designated solely for industrial uses under a Planned Development Agreement ("PD") pursuant
to a conditional use permit approved by City Council subject to the following requirements:
(1) The system shall not exceed a height of one -hundred (100) feet;
(2) All setback requirements for accessory structures as set forth in this Code shall be met,
provided the minimum setback distance from any residential structure shall be equal to
two (2) times the height of the main structure of the system;
(3) All systems shall have _an automatic speed control device as part of the design;
6
DRAFT
(4) All systems shall comply with the Iv mesota Pollution Control Agency's Noise
Pollution Section (NPC 1 and NPC 2), as amended; and
(5) Any wind energy conversion system which utilizes a propeller shall have neither a blade
rotation diameter of greater than thirty-five (3 5) feet nor a blade arc less than thirty
(30) feet above the ground.
F. General Standards. All antennae, satellite dishes, towers, and wind energy conversion
systems shall be subject to the following additional requirements:
(1) Location and color shall be in a manner to minimize off-site visibility to the greatest
possible extent.
(2) Compliance with all applicable provisions of the City Code, including the provisions of
the State Building Code therein adopted, in addition to the requirements set out in this
Subdivision.
(3) No signs, other than for public safety warnings or equipment information, shall be
affixed to any portion thereof.
(4) No artificial illumination, except when required by law or by a governmental agency to
protect the public's health and safety, shall be utilized;
(5) The placement of transmitting, receiving and switching equipment shall be integrated
within the site, being located within an existing structure whenever possible; any new
accessory equipment structure shall be attached to the principal building, if possible,
and constructed of materials and of a color scheme compatible with the principal
structure and/or surrounding area or within an equipment encasement not exceeding 10
feet(W) x 10 feet(L) x 5 feet(H) in size.
(6) Accessory equipment or buildings shall be screened by suitable landscaping, as set forth
in this Chapter, except where a design of non -vegetative screening better reflects and
compliments the architectural character of the surrounding neighborhood;
(7) Building permits shall be required for the installation of building mounted satellite
dishes in excess of five feet in diameter, towers, and wind energy conversion systems;
(8) Structural design, mounting and installation of a tower, antenna or satellite dish which
requires a building permit shall be verified and approved by a qualified licensed
engineer, and
DRAFT
(9) Towers, and any equipment attached thereto, shall be unchmbable by design for the
first twelve (12) feet or completely surrounded by a six (6) foot high security fence
with a lockable gate.
Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation"' and Section 11.99, entitled "Violation a
Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim.
Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according
to law.
ATTEST:
By: E. J. VanOverbeke
Its: Clerk
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
CITY OF EAGAN
City Council
By: Thomas A Egan
Its: Mayor
•
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)"
BY AMENDING SECTION 11.20 REGARDING ANTENNAE, SATELLITE DISHES,
WIND ENERGY CONVERSION SYSTEMS AND TOWERS; AND BY ADOPTING BY
REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99,
The City Council of the City of Eagan does ordain:
Section 1. Ewan City Code Chapter 1 l is hereby amended by changing Section 11.20, Subd.
.)(C)(5), to read as follows:
C. Accessory Uses. Within any Agricultural ("A") Distiict, any accessory use
permitted an R-1 District shall be permitted and a wind energy conversion system,
subject to the regulations thereof in this Code, shall be permitted.
Section 2. Ea;an City Code Chapter- 11 is hereby amended by adding Section l 1.20, Subd.
4(C)(7) and (8), to read as follows:
7. Building mounted antennae and satellite dishes, subject to the
reg*irlations thereof in this Code.
S. Freestanduig towers, subject to the regulations thereof in this
Code.
Section I Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd.
5(C)(7) and (8), to read as follo%vs:
7. Building mounted antenna and satellite dishes, subject to the
regulations thereof in thus Code.
S. Freestanding towers, subject to the regulations thereof in this
Code.
ao
DRAFE'
Section 4. Eagan City Code Chapter 11 is hereby amended by changing Section 11.20, Subd.
7(A), to read as follows:
A. Pennitted Uses. Within any Public Facilities District, no structure or
land shall be used except for one or more of the following uses or uses deemed similar
by the Council: Public structures, parks, playgrounds, camping grounds, swimming
pools, tennis courts, golf courses, churclies, schools, hospitals, and building mounted
antennae and satellite dish, subject to the regulations thereof in tivs Code.
Section 5. Eagan City Code Chapter l 1 is hereby amended by adding Section 11.20, Subd.
7(B)(3), to read as follows:
3. Freestanding tower and wind energy conversion system, subject
to the regulations thereof in this Code.
Section G. Lagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd.
9(D)(4), to read as follows:
4. Building mounted antenna or satellite dish, subject to the
regulations thereof in this Code.
Section 7. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd.
16(E)(1), to read as follows:
E. Pennitted Accessory Uses.
1. Building mounted antenna or satellite dish, subject to the
regulations thereof in this Code.
ao�-
Section S. Eagan City Code Chapter l 1 is hereby amended by adding Section 11.20, SLlbd.
16(C)(15), to read as follows:
15. Freestanding tower or wind enemy conversion system, subject to
the regulations thereof in this Code.
Section 9. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Stibd.
17(D)(1), to read as follows:
D. Permitted Accessory Uses.
1. Building mounted antenna or satellite dish, subject to the
regulations thereof in this Code.
Section 10. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, SLIM.
17(B)(13), to read as follows:
13. Freestanding tower or wind energy conversion system, subject to
the regulations thereof ui this Code.
Section 11. Eagan City Code Chapter 1 l is hereby amended by adding Section 11 20, SIM.
I 8(D)(3), to read as follows:
3. Building mounted antenna or satellite dish, subject to the
regulations thereof in this Code.
Section 12. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd.
22(D)(5), to read as follows:
5. Building mounted antenna or satellite dish, subject to the
regulations thereof in this Code.
3
a�3
Section 13. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99,
entitled "Violation a Misdemeanor" are hereby adopted in tlieir entirety by reference as
though repeated verbatim.
Section 14. Effective Date. This ordinance shall take effect upon its adoption and
publication according to law.
ATTEST:
By: E. J. VanOverbeke
Its: Clerk-
Date
lerk
Date Ordinance Adopted:
CITY OF EAGAN
City Council
By: Thomas A. Egan
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Heating:
city of eagan
-iDVISORY PLANNING COMMISSION MEMU
TO: Chair Heyl and Advisory Planning Commission Members
FROM: Steve Dorgan, Associate Planner
DATE: March 18, 1997
RE: Ordinance Amendment Regulating Antenna, Towers, Satellite Dishes
and Wind Energy Conversion Systems
BACKGROUND OF PROCESS
The APC and Staff have been working with representatives of the communication service industry
to develop an ordinance in response to the anticipated need for communication service providers to
establish communication networks within the city. Since last June, the APC has conducted several
workshop meetings in which testimony from communication service providers was provided and
reviews of a draft ordinance regulating antennae and towers were conducted.
At the APC Workshop meeting held on June 25, 1996, presentations on communications technology
were given by representatives of the communication service industry. On October 10, 1996, the
APC held a Workshop meeting to review a draft ordinance outline and heard testimony from
communication service providers. The APC gave direction for staff to draft an ordinance and to
contact communication service providers for input on the draft ordinance. On November 14, 1996,
the APC convened in a Workshop with communication service providers to review the draft
Tower/Antenna Ordinance. The APC gave direction for staff to incorporate comments into an
ordinance.
At the APC Regular Meeting on January 28, 1997, the APC set a public hearing for the regular
March meeting for the proposed Antenna/Tower Ordinance to amend the zoning code regulating
communication towers, antennae, satellite dishes and wind energy conversion systems.
SUMMARY OF ORDINANCE
Ezistina Code
The current City Code regulating communication towers allows towers to be located in all zoning
districts of the City subject to approval of a Conditional Use Permit. Towers may not exceed 100
feet in height and must have a setback equal to the height of the tower or the distance from the base
APC Memo - Tower/Antenna Ordinance
March 25, 1997
Page 2
Of the tower to the nearest property line, whichever is less.
ro osed Code
Towers - The proposed Tower/Antennae Ordinance was developed to address existing
and
anticipated concerns for the location and appearance of towers and antennae within thcity. The
Proposed Ordinance allows for the location of towers within the Industrial and Public zoned districts
of the city subject to a Conditional Use Permit. The Ordinance allows towers to be a maximum of
100 feet in height for single users and 150 feet in height for co -location towers of three or more
users. By providing an incentive for co -location, the overall number of towers required to be
located within the city should be reduced- Noncommercial communication towers up to 60 feet in
height are allowed to locate within residential zoned districts of the city.
Setbacks - One other change in the proposed Ordinance is the setback requirements for the towers.
Towers will only be required to meet the building setbacks of the district except when adjacent to a
residential structure. Then the setback will be twice the tower height from a residential structure for
commercial towers. Due to recent structural and aesthetic designs in communication towers, larger
setback requirements are not needed.
Rooftop Satellite/Dishes Antennae - Satellite dishes and rooftop mounted antennae are also
regulated in the proposed Ordinance. Satellite dishes and antennae may be located on a building or
structure in all zoning districts of the city provided they do not exceed 15 feet in height. These
regulations do not exist in the current Code.
Performance standards regulating; appearance, location, safety and structural design are provided in
the proposed Ordinance and are not a part of the existing Code. The following is a breakdown of
significant changes:
Ezistin Code Propose— dnance
Towers Permitted All zoning districts
subject to CUP Industria] and public districts
subject to CUP
Tower Height 100 feet
100 feet
150 feet for co -location tower
Tower Setbacks Equal to height of tower
Building setbacks of district
(Commercial towers 2X height
structure) of tower from residential
Satellite Dishes/
Antennae Height Not regulated
15 feet above roof in all zoning
districts
Wind Energy Systems All zoning districts subject
to CUP � Permitted in Agricultural
Industrial and Public Districts
subject to a CUP
0
APC Memo - Tower/Antenna Ordinance
March 25, 1997
Page 3
ACTION TO BE CONSIDERED:
To recommend approval of an amendment to the Eagan City Code Chapter 4, "Construction
Licensing, Permits and Regulation, Including Signs, Excavations and Mobile Home Parks" by
deleting Section 4.50 "Placement, Erection and Maintenance of Wind Energy Conversion
Systems and Radio or T.V. Towers" and amending Chapter 11, "Land Use Regulations
(Zoning)" by adding Section 11. 10, Subdivision 30, regarding regulations of "Antennae, Towers,
Satellite Dishes and Wind Energy Conversion Systems".
BACKGROUND/ ATTACHMENTS: (2)
Matrix of Zoning Districts, page_.
Draft Ordinance Amendment, pages Z through 1.3
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March 20,1997
VIA FAX: 6814612
Advisory Manning Cion
City of Eagan
3830 Pilot Knob Road
Eacen MN 35122
A=- Steve Dorgan Associate Plamer
RE: Antenna/Tower Ordinance
Dear Planning Conurdssion Members:
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This letter is to set &-th the comments of AT&T Wireless Services (AT&T) on the proposed tower
and antenna ordinance. AT&T appreciates very much the opportunity which we have had to
=nme it on this ordinance as the Planning Commission has considered it, and offers these additional
comments in the spirit of cooperation which has characterized this joint effort.
Clea pha ary Ommern with this oIrdinance c ntuwes to be the tact that it limits wireless communication
faalitim on teega m bg towers to only industrial zones, industrial planned developments, and public
Anility districts. Eagan has very few tall buildings. It will not be possible to provide Eagan with
wireless com minicadm services strictlyfrom rooftop or building mourned anterma. Prohibiting the
freestanding fhciftes from all aoaing districts other than the industrial and public _facility districts
could make it impossible to provide wireless conurnmic8tion services to aQ areas of the City.
Moreover, we don't believe this prohibition is necessary.
AT&T kwalled a ftes=ft tower on a Xoperty Aac+ u to I -35E and zoned agricultural several
years ago. To our knowledge, this facsil y has generated no complaints and has 'W no negative
impart on the a rmunding area. We do not believe there is a need to prohibit f vestandiag facuil ies
firm this tone; thereby make AT&T's fi ility a non-conforn&e use.
in addition to toe agriculuall zones, the City ku a mtmber of very large developmans in the CSC,
RSC, RD and BP zoning districts whore a freestanding Atcility would not be out of place. Many of
these zoning districts are along major transportation corridors through fibs City, where the wireless
conmmmuiattion k&utru=v ofd needs to be heated. We urge the Plaaning Commission to
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Members of the Advisory Pluming Commission
Cary Urr.45W
March 20, 1997
Page 2
consider broadening the number of zoning districts where fieestan+ding facilities will be &Uowed,
subject to appropriate performance standards. Chir remaining comments uv more specific to the
language of the ordinance, and follow:
1. Subdivision 31B. We suggest that the word "rooftop" be replaced with the term "building
and strum e". Many times the bees and most inconspicuous location for ate sen enna is on the
side of a binding or other sorc9ctire. Changing this term will make it clear that this design
soh9 ion is acceptable.
2. Subdivision 31B(4). It appears as though this section wM not allow building mounted
wireless commnsim ion antennas in residential zoning districts, because ofthe provision that
rooftop antennas "&W not be used for corm ac al purposes". We do not understanding the
need for such a restriction. In many instances our antennas wM be considerably less visible
thaq for instance, a 9 -Soot dimer, dish for able television reception. This restriction would
diminate a member of potential locations on apartmrat buildings, for no apparent reason.
3. Subdivision 31D(2)(a). We Rqm=t that a neer subsection be added allowing 125 -Soot
flrcilities with one eddWonal user.
4. Subdivision 31D(2i r and (it). We suggest that the last clause be eliminated from both of
these sections as the decision whether to the modify structural capacity or misting radio
equipment on as existing Mity wM be out of the control of the applicant for new antennas.
We also request that the cfa ei to a "quaTd'ied, licensed professional engineer" be changed
to "a qualified radia frequency engirseer". Decisions on the need for, locations of and heights
of antennas are made by radio frequency agineers, for whom there is no licensing.
That concludes our cots ments on the ordinance. Once again, we appreciate the opportamit7 to
present these commearts and look forward to continuing to work with the City on this ordinance.
SincerY-
1� —eeol
Peter X Beck
FMWM
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Menne Grimm
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Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
C. PRELIMINARY SUBDIVISION AND VARIANCE - EAGAN
BUSINESS COMMONS
ACTION TO BE CONSIDERED:
> To approve or deny a Preliminary Subdivision to create 4 lots for industrial
development on 26 acres located at the NW comer of T.H. 55 and Lone Oak Road
in the SE K of Section 2, subject to the conditions recommended by the Advisory
Planning Commission.
> To approve or deny a Variance to allow buildings and parking within the 100 foot
buffer yard required where an I district is across the street from an R, A, or P
district, subject to the conditions recommended by the Advisory Planning
Commission.
FACTS:
30- The proposed subdivision (Eagan Business Commons) consists of 4 lots and one
outlot. All lots exceed the minimum area and width requirements. The proposed
Outlot A is very small (0.05 acres) and should be combined with Lot 1, Block 1.
> New buildings are proposed on each of the four lots. Buildings on Lots 1 and 2,
Block 1 are proposed to be terminal warehouse buildings. Buildings on Lot 3,
Block 1 and Lot 1, Block 2 are proposed to be officelshowroom buildings.
> The proposed public street through the subdivision, Commers Drive, extends from
the signalized T.H. 55/149 intersection on the north to Lone Oak Road on the
south. V approved by Dakota County, street access onto Lone Oak will likely be
limited to a right in/right out. If street access to Lone Oak is not approved,
Commers Drive should be constructed as a cul-de-sac.
> A variance is requested to allow the building and parking lot on Lot 1, Block 2,
and a portion of the parking on Lot 3, Block 1 to encroach into the 100 foot
landscape yard required where an I district abuts (includes across street) a R, P, or
A district. The building on Lot 1, Block 2 is proposed to be setback 90 feet and
the parking is setback 20 feet.
> The Advisory Planning Commission conducted a public hearing on the proposed
Preliminary Subdivision and recommended approval at their regular meeting on
March 25, 1997.
ISSUES:
> The property encompasses five residential lots abutting Lone Oak Road. All of the
property owners of these lots signed the subdivision application except Dart
a � �
Transit which owns the second lot from the corner of Lone Oak and T.H. 55. Dart
will need to sign the application prior to final subdivision approval. If the applicant
does not obtain Dart's consent, the final subdivision and related plans (e.g. site,
landscaping, grading) will need to be modified accordingly.
Dakota County is currently in the construction design phase of the reconstruction
project to upgrade Lone Oak Road (CR #26) to a four -lane divided roadway in
1998. Options for reconstruction in this area are currently being investigated and a
final alignment has not been determined by the County yet.
The proposed development will result in removal of 100% of the existing
significant woodlands and 88% of the significant specimen trees. Total mitigation
for the proposed removal would be 352 Category B trees or $105,600. However,
because it appears the woodlands consist primarily of softwood re -growth
vegetation, staff is recommending that mitigation be required for only the specimen
tree removal (i.e. 61% of the total mitigation). As such, the reduced mitigation
would be fulfilled by a combination of tree installation (70 category B trees, or
equivalent) and cash mitigation ($20,184). The APC suggested planting as many
of the mitigation trees along T.H. 55 as practical to minimize the impacts of the
reduced setback (variance).
BACKGROUND/ATTACHMENTS:
> Minutes of March 25, 19;;7u
C mee i , pag througl�l�
> Staff report, page �
a 13
Page 4
March 25, 1997
ADVISORY PLANNING COMMISSION
—
PRELIMINARY SUBDIVISION
ROSEVILLE PROPERTIES
Commission Chair Heyl opened the next public hearing of the evening regarding a
Preliminary Subdivision (Eagan Business Commons) to create 4 lots for industrial
development and a Variance to allow buildings and parking within the 100 foot landscaped
yard on 26 acres located at the northwest comer of the intersection of T.H. 55 and Lone Oak
Road in the SE %4 of Section 2.
Planner Farnham introduced this item. Ms. Farnham highlighted the information
presented in her memorandum of March 18, 1997 and City staffs planning report dated
December 11, 1996. Ms. Farnham noted the background and history, the surrounding
uses and the existing conditions of the subject property.
Representatives of the applicant were present and available for questions.
No persons from the public were present for comment.
In response to Member Bakken's inquiry, Planner Farnham stated that there was
room on Lot 1, Block 2, to put a berm but it could not be very tall. Landscaping in the
right-of-way would need to be approved by the State. Member Bakken asked if it would
be possible to shift the buildings to the west to increase the setback from Highway 55 and
thereby reduce the variance. Planner Farnham noted that this would result in a gain of
possibly 60 feet. Brian Monstock, Design Engineer,, stated that there is a 55 -foot NSP
easement running along the west property edge. He also noted the rising grades on the
west side and stated that the plan was already designed to locate buildings as far to the
west as possible.
Member Frank noted that with the current elevation of Highway 55 being higher
than the elevation of the parking lot, trees rather than shrubs would be a better suggestion
for landscape screening.
Mr. Monstock noted that the original property included part of Highway 55 so in
actuality there is already a 200 -foot setback. Member Burdorf noted that while 20 feet
seemed a bit tight, the site plan has been nicely worked out and meets the intent of what
the City is looking for in the separation of the public facility and the industrial
development.
Member Burdorf moved, Member Bakken seconded, a motion to recommend
approval of a Preliminary Subdivision (Eagan Business Commons) to create 4 lots for
industrial development located at the northwest corner of the intersection of T.H. 55 and Lone
Oak Road in the SE 1/4 of Section 2, subject to the following conditions:
Page 5
March 25, 1997 _ =
ADVISORY PLANNING COMMISSION
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3, 1993:
Bl, B2, B3, B4, Cl, C2, C3, C4, DI, El, F1, G1
Special Conditions
2. Outlot A shall be combined with Lot 1, Block 1 on the Final Subdivision plat.
3. Prior to Final Subdivision approval, Dart (owner of PID #10-00200-050-78) must sign the
application or their property must be removed from the subdivision and the development
plans modified accordingly.
4. The existing houses along Lone Oak Road within the subdivision shall be removed and
their wells capped prior to issuance of building permits on the affected lots.
5. The grading plan at time of final subdivision approval shall conform to the final grades of
the Lone Oak Road upgrade project as determined by Dakota County.
6. If street access to Lone Oak Road is not allowed by Dakota County, Commers Drive shall
be constructed as a cul-de-sac.
7. The Final Subdivision plat shall dedicate 75 feet of half right-of-way from the final
centerline alignment of Lone Oak Road, as determined by Dakota County. The developer
shall provide all temporary construction easements necessary to accommodate the
reconstruction of Lone Oak Road. Restricted access along the entire length of the
development adjacent to Lone Oak Road shall be dedicated on the final plat, except in the
area of the access for Commers Drive.
8. The developer shall obtain adequate drainage and ponding easement for the proposed
pond in the northwest comer of the development from the adjacent property, Lot 4 of the
Robert O'Neill Homesteads Addition. This easement shall incorporate the calculated high
water level of the pond plus three feet.
9. The development shall be subject to an on-site ponding and supplemental cash dedication
requirement to fully meet water quality mitigation obligations.
10. The City shall issue exemptions from regulation under the Wetland Conservation Act for
the two potential wetland areas in the northern portion of the site.
ass
Page 6
March 25, 1997
ADVISORY PLANNING COMMISSION
11 The developer shall fulfill tree mitigation requirements by: a) installing 70 Category B
trees (or some combination of Category A, B, or C trees to equal 70 Category B trees), in
addition to any approved landscape requirements; and b) provide a cash mitigation in the
amount of $20,184.00
12. The developer shall provide additional landscaping on Lot 3, Block 1 to achieve 75%
solid screening in front of the proposed parking lot and around the two northern most
detention ponds.
13. The developer shall submit a revised landscape plan for staff review indicating the
location, species and size of the mitigation trees and shrubs. The revised landscape plan
shall be approved by staff prior to issuance of a building permit.
14. The developer shall install tree protective measures (i.e. 4 foot polyethylene laminate
safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is
greater, of the significant trees/woodlands to be preserved.
15. The developer shall contact the City Forestry Division at least five (5) days prior to the
issuance of the grading permit to ensure compliance with the approved Tree Preservation
Plan.
Member Frank noted that an improvement to the landscaping of the suggested area
would be to use trees rather than shrubs.
All voted in favor.
Member Burdorf moved, Member Bakken seconded, a motion to recommend
approval of a Variance to allow buildings and parking within the 100 foot landscaped yard on
26 acres located at the northwest comer of the intersection of T.H. 55 and Lone Oak Road in
the SE V4 of Section 2.
1. No trucks or loading areas shall be allowed on the east side of the building on Lot 1,
Block 2.
In response to Commission Chair Heyl's inquiry about the setback from the
highway, Planner Farnham stated that there was a 20 -foot setback for the parking and a
50 -foot setback for the building. Ms. Heyl noted that these setbacks actually met the
requirements.
All voted in favor.
a��
REPORT DATE: March 18, 1997
APPLICANT: Roseville Properties
PLANNING REPORT
CITY OF EAGAN
CASE: # 2-PP4-2-97, 2-V-4-3-97
HEARING DATE: March 25, 1997
PROPERTY OWNER: Riverview Devel. PREPARED BY: Julie Farnham
Comp., Atlas of Minn. (Dart) and various individuals
REQUEST: Preliminary Subdivision and Variance
LOCATION: West side of T.H. 55, north of Lone Oak Road
COMPREHENSIVE PLAN: IND (Industrial)
ZONING: I-1 (Light Industrial)
SUMMARY OF REQUEST
The applicant is requesting a Preliminary Subdivision (Eagan Business Commons) to create 4 lots
for industrial development and a Variance to allow buildings and parking within the 100 foot
landscaped yard on 26 acres located at the northwest corner of the intersection of T.H. 55 and Lone
Oak Road in the SE 1/4 of Section 2.
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.
F. That the design of the subdivision or the type of improvements is not likely to cause health
problems.
Planning Report - Eagan Business Commons
March 25, 1997
Page 2
G. That the design of the subdivision or the improvements will not conflict with easements of
record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a timely
manner so as not to cause an economic burden upon the City for maintenance, repayment of
bonds or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use within the
subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access).
J. That the design of public improvements for the subdivision is compatible and consistent with
the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain document
entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed
Management Organization" which document is properly approved and filed with the office of
the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document
and all of the notations, references and other information contained therein shall have the same
force and effect as if fully set down herein and is hereby made a part of this Chapter by
reference and incorporated herein as fully as if 'set forth herein at length. It shall be the
responsibility of the City Clerk to maintain the Water Quality Management Plan and make the
same available to the public.
City Cale Chapter 11, Section 11.40, Subd. 3.C. states that the Council may grant a variance and
impose conditions and safeguards therein if:
1. The Council shall determine that the special conditions applying to the structures or land in
question are peculiar to such property or immediately adjoining property and do not apply
generally to other land or structures in the district in which said land is located, and that the
granting of the application is necessary for the applicant.
2. That granting of the proposed variance will not be contrary to the intent of this Chapter and the
Comprehensive Guide Plan.
3. That granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
BACKGROUND/MSTORY
The proposed site is located on a vacant parcel within Eagan Tax Increment Financing District #3, also
known as the Highway 55 Redevelopment District. The District was created in 1996 to assist in the
orderly development and redevelopment of certain properties with substandard conditions located on
T.H. 55 between Lexington Ave. and Lone Oak Road. Within the district, the applicant's site is
intended to generate increment revenues to support the redevelopment of the substandard properties.
If the subdivision is approved, the development and redevelopment activities contemplated with this
development include: the acquisition of the residential properties on Lone Oak Road, assembly of
Planning Report - Eagan Business Commons
March 25, 1997
Page 3
those properties with the applicant's property, and a contribution toward the developer's costs for TIF
eligible site improvements to a maximum of 10% percent of the increment created by the project for
the term of the district. It is further anticipated that a portion of the residential properties acquired may
be within the right of way of the proposed improvement of Lone Oak Road.
EXISTING!CONDMONS
Most of the property is undeveloped, with the exception of five residential lots abutting Lone Oak
Road. All of the property owners of these lots signed the subdivision application except Dart Transit
which owns the second lot from the corner of Lone Oak and T.H. 55 (PH) #10-00200-050-78).
Dart's reluctance to sign the application is due largely to that fact that the County's hasn't decided on a
new Lone Oak Road alignment yet. Dart believes that owning this property on the north side of Lone
Oak increases their leverage with the County regarding access location decisions. Dart will need to
sign the application prior to Final Subdivision approval. If the applicant does not acquire Dart's
property, the Final Subdivision and related plans (e.g. site, landscaping, grading) will need to be
modified accordingly.
The site is slightly mounded and contains some significant woodlands along T.H. 55 and Lone Oak
Road. An existing access to T.H. 55 is located at the northem tip of the site.
SURROUNDING USE The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Mixed industrial; zoned I-1; guided IND and BP
South - Dart Transit; zoned I-1; guided IND
East - Lone Oak Church, The Waters, vacant; zoned P, PD and A; guided PF and CPD
West - Industrial, railroad right-of-way; zoned I-1; guided IND
VALUATION OF RE UEST
Preliminary Subdivision
The proposed preliminary subdivision (Eagan Business Commons) consists of 4 lots and one outlot.
The subdivision also includes about 11.5 acres that will be dedicated to abutting public rights-of-way;
9.93 acres to T.H. 55 and 1.65 acres to Lone Oak Road. The proposed Outlot A is only 0.05 acres
located west of the railroad spur that crosses the southwest corner of the property. This outlot should
be combined with Lot 1 since it is not large enough to develop and could go tax forfeit.
L,= - The proposed four lots range in size from 4.24 acres to 7.24 acres. All exceed the minimum lot
area and width requirements. Staff notes that a variance is concurrently being requested to the 100
foot landscaped yard requirement where I-1 is across the street from a R, P, or A zoning district. This
primarily affects Lot 1, Block 2, which, if the 100 foot setback were upheld, would still be developable,
but at a much lower intensity (see further discussion under "Vuiance", p. 7)
Compatibility with Surrounding Area - The proposed warehouse and office./showroom uses should be
compatible with surrounding development which consists primarily of industrial development. The
proposed development should not negatively impact the church across T.H. 55, as most activity will
Planning Report - Eagan Business Commons
March 25, 1997
Pave 4
occur at times when church use is minimal
Setbacks - The conceptual site plan submitted indicates that all lots can be developed with buildings
and parking that meet setback requirements with the exception of Lot 1, Block 2 which is across the
street from P (Public Facilities) and A (Agricultural) zoning districts. City Code requires a 100 foot
landscaped yard where an I district is across the street from a R, A, or P district. As such, the applicant
is also requesting a variance to allow buildings and parking within the 100 foot landscaped yard.
Building Design - New buildings are proposed on each of the four lots. Buildings on Lots 1 and 2,
Block 1 will be terminal warehouse buildings. The exterior of these buildings will consist of precast
panels with a raked finish and brick accents. The buildings on Lot 3, Block 1 and Lot 1, Block 2 are
proposed to be used as office/showrooms. The exterior of these buildings will consist of brick and
decorative concrete block on the elevations facing T.H. 55 and Lone Oak Road. Other facades will
consist of painted concrete block. The City's architectural design standards for I-1 districts calls for
painted concrete block to be scored at least twice. All buildings are below the 35% maximum lot
coverage allowed by code.
The applicant has indicated that they plan to build the warehouse buildings first, with construction
starting as soon as possible after receiving necessary approvals from the City.
Parkin g - All of the proposed lots are large enough to provide the parking required for the proposed
buildings. Much of the parking proposed for the two warehouse buildings is shown as proof of
parking. Since these buildings will contain warehouse uses, they will not likely generate a large parking
demand. Parking to be provided with initial construction on these lots exceeds the amount of parking
required for the proposed office areas of the warehouse buildings. Proposed parking stall size and
drive aisle width meet or exceed code requirements.
Landscaping - The proposed landscape plan is acceptable with a few modifications. The proposed
plan includes a mix of deciduous and evergreen trees and shrubs. Some additional shrub clusters
should be located around the parking lot on Lot 3, Block 1 to provide screening at 75% opacity. Staff
also suggests adding more plants around the proposed ponds near the T.H. 55 entrance. Additional
tree plantings can contribute to the required tree mitigation as outlined on p. 6.
If the landscaping will be installed in phases rather than all at once, the landscape plan should be revised
to indicate planting phases.
Sign= - No signage is proposed at this time. Any signage proposed in the future must meet the
signage requirements outlined in City Code Chapter 4.
Grading/Wetlands - The preliminary grading plan is acceptable. The existing site generally slopes to
the north and is open with some lightly wooded areas. A majority of the site will be disturbed in
preparation for building, street and parking lot construction.
The final grades and alignment for the upgrade of Lone Oak Road (Dakota County Road 26) in this
area have not been determined by the County yet. The grading plan at the time of final subdivision
approval should conform to the final grades and alignment of the Lone Oak Road upgrade project as
determined by Dakota County (see further discussion under Streets/Access).
�� 1
Planning Report - Eagan Business Commons
March 25, 1997
Page 5
There are two small areas on the site that exhibit wetland characteristics; one at the very north end and
the other along the northeast boundary. However, a thorough examination of historic air photos of this
area shows no evidence of wetlands in either location prior to road construction and development
activities in the area In addition, the soils survey shows no hydric soil units in either area Finally, this
information and an examination of topographic information indicate that if the areas are wetlands, the
wetlands were created as a result of the blockage of small drainages that resulted from grading
activities for roads and other developments and thus are exempt from regulation under the Wetlands
Conservation Act.
Storm DrainageV ter Quality - The preliminary storm drainage plan is acceptable. Storm water
runoff from the development is proposed to drain north through a series of storm water basins within
the site prior to discharging into the MnDOT ditch within the T.H. 55 right-of-way approximately 600
feet north of this development. Runoff will drain through a MnDOT culvert under T.H. 55 to Pond
FP -1, an existing Mr0NR protected water designated as a nutrient trap in the City's Water Quality
Management Plan. A MnDOT permit will be required for this construction and storm water discharge
on MnDOT right-of-way.
There are no designated recreational water bodies downstream of the proposed development. The
developer has incorporated on-site ponding into the development, but the ponding configuration meets
only a portion of the total ponding requirements for full mitigation. Because there are no downstream
recreational water bodies, staff recommends that the remaining water quality mitigation be met with a
supplemental cash dedication.
tilities - The preliminary utility plan is acceptable. Sanitary sewer and water main area available for
connection by this development along the east edge of the site.
Access/Streets/Circulation - Dakota County is currently in the construction design phase of the
reconstruction project which will upgrade Lone Oak Road (CR #26) to a four -lane divided roadway in
1998. Options for the reconstruction of Lone Oak Road adjacent to this site and at the T.H. 55
intersection are currently being investigated and a final alignment has not been determined by the
County yet. The final alignment may or may not involve acquisition of the existing residential
properties along the north side of Lone Oak near T.H. 55. Options for the roadway alignment of Lone
Oak Road with the existing residential properties remaining are also being investigated by the County.
The proposed public street running through the subdivision, Commers Drive, extends from the
signalized T.H. 551'f H. 149 intersection on the north to Lone Oak Road on the south. This street will
provide public street access for all four lots within the proposed subdivision. If approved by Dakota
County, street access onto Lone Oak for Commers Drive will be limited to right-in/right-out only at a
minimum distance of IV' mile west of T.H. 55. If street access to Lone Oak is not approved,
Commers Drive should be constructed as a cul-de-sac with single access to the subdivision via the T.H.
55/149 intersection.
At the time of this report, the City had not received MnDOT's formal comments regarding this
proposal. The connection of Commers Drive to the T.H. 55/149 intersection will require review and
approval by MnDOT.
Planning Report - Eagan Business Commons
March 25, 1997
Page 6
Easernents/Rights of Way/Permits - The developer should obtain adequate drainage and ponding
easement from the adjacent property, Lot 4 of the Robert O'Neill Homesteads Addition for the
proposed pond in the northwest corner of the development. This easement should incorporate the
calculated high water level of the pond plus three feet.
The Final Subdivision plat should dedicate 75 feet of half right-of-way from the final centerline
alignment of Lone Oak Road, as determined by Dakota County, along the south edge of the
development. The developer should also provide all, temporary construction easements necessary to
accommodate the reconstruction of Lone Oak Road. Restricted access along the entire length of the
development adjacent to Lone Oak Road should be dedicated on the final plat, except in the area of the
street access.
The developer shall be responsible for obtaining all regulatory agency permits prior to final plat
approval.
Tree Preservation - About 20% of the site is wooded. All of the existing vegetation is located in
swaths 60' to 120' wide along both Lone Oak Road and T.H. 55. The proposed development will
result in removal of 74 significant trees (88% of total existing) and 103,000 s.f of significant
woodlands (100% of total existing). According to the Eagan Tree Preservation Ordinance, allowable
removal for this type of development is 47.5%. As such, required mitigation would be 352 category
B trees or $105,600.
With the intention of developing a reasonable mitigation proposal for this development, staff gave
some consideration to the "quality' of significant vegetation on site. The significant woodlands,
consisting of cottonwood, boxelder, and elm trees, are probably re -growth vegetation following
disturbance from highway construction. Many of the significant trees are located on the residential
properties and a portion of these are located in the future right-of-way for Lone Oak Road. The trees
in the future ROW have therefore been exempted from the inventory, as they will likely be removed
during expansion of Lone Oak Road.
Understanding the origin and quality of the woodlands and given the applicant's desire to maximize
developable space on site and replace existing vegetation with what they believe will be more attractive
and higher quality trees, staff is proposing to reduce the required mitigation by an amount equal to the
mitigation required for the woodlands (Le. 61% of total mitigation). Staff is fiirther recommending
that mitigation be fiilfilled by a combination of tree installation (70 category B trees, or equivalent) and
cash mitigation ($20,184).
Parks and Recreation - The APRNRC is recommending that this development be responsible for a
cash parks and trails dedication.
Variance
Chapter 11.20, Subd. 16.D.3. and Subd. 20 of the Zoning Code requires a 100 foot landscaped yard
where an I-1 district abuts or is across the street from an R, A, or P district. Lot 1, Block 2 of the
proposed subdivision is across from a P district (Lone Oak Church) and an A district (note: this
property guided CPD). The proposed site plan indicates that the parking lot and part of the building on
that lot will be within the required 100 foot landscaped yard. The parking lot is proposed to be setback
�a2-
Planning Report - Eagan Business Commons
March 25, 1997
Page 7
20 feet from the T.H. 55 right-of-way and the building is setback about 90 feet. The right-of-way for
T.H. 55 at this location about 235 feet wide.
According to the applicant (see attached letter), the proposed level of development is at the minimum
coverage ratio that will still be feasible. They state that the proposed landscaping and building design
will be attractive and therefore, have no negative impact on the church property. They also note that
the parldng lot will be used strictly for employees and guests and trucks will be restricted to the rear
(west side) of the building. The APC and City Council may want to consider whether the proposed
plan, landscaping and building design meet the intent of the regulation to buffer the P and A zoned
properties from potentially negative impacts created by industrial development and uses across T.H.
55.
Staff notes that if the 100 foot landscape yard is imposed, the buildable area of the lot (area within
required setbacks) is reduced by almost half. Therefore, while this lot would still be developable, it
could not be developed nearly as intensely as proposed.
SUNfMARY/CONCLUSION
Roseville Properties is requesting a Preliminary Subdivision consisting of 4 lots and one outlot for
industrial development on 26 acres at the northwest corner of the intersection of T.H. 55 and Lone
Oak Road. The proposed development within the subdivision will consist of two terminal warehouse
buildings and two office./showroom buildings. The proposed subdivision and development meet all
code requirements except Lot 1, Block 2, which is located across the highway from Public Facilities
and Agricultural zoning districts and therefore must provide a 100 foot landscaped yard free of
buildings and parking abutting T.H. 55.
The property is within the Highway 55 Redevelopment District. Within the district, this site is intended
to generate increment revenues to support the redevelopment of the substandard properties within the
district. The proposed warehouse and office'showroom uses should be compatible with surrounding
uses which consist primarily of industrial uses.
aa3
Planning Report - Eagan Business Commons
March 25, 1997
Paize 8
ACTION TO BE CONSIDERED
To recommend approval or denial of a Preliminary Subdivision to create 4 lots for industrial
development on 26 acres located at the NW corner of the intersection of T.H 55 and Lone Oak Road,
in the SE K of Section 2, subject to the following conditions:
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted by Council
on February 3, 1993:
B1, B2, B3, B4, Cl, C2, C3, C4, D1, E1, Fl, GI
Special Conditions
2. Outlot A shall be combined with Lot 1, Block 1 on the Final Subdivision plat.
3. Prior to Final Subdivision approval, Dart (owner of PID #10-00200-050-78) must sign the
application or their property must be removed from the subdivision and the development plans
modified accordingly.
4. The existing houses along Lone Oak Road within the subdivision shall be removed and their wells
capped prior to issuance of building permits on the affected lots.
5. The grading plan at time of final subdivision approval shall conform to the final grades of the Lone
Oak Road upgrade project as determined by Dakota County.
6. If street access to Lone Oak Road is not allowed by Dakota County, Commers Drive shall be
constricted as a cul-de-sac.
7. The Final Subdivision plat shall dedicate 75 feet of half right-of-way from the final centerline
alignment of Lone Oak Road, as determined by Dakota County. The developer shall provide all
temporary construction easements necessary to accommodate the reconstruction of Lone Oak
Road. Restricted access along the entire length of the development adjacent to Lone Oak Road
shall be dedicated on the final plat, except in the area of the access for Commers Drive.
8. The developer shall obtain adequate drainage and ponding easement for the proposed pond in the
northwest corner of the development from the adjacent property, Lot 4 of the Robert O'Neill
Homesteads Addition. This easement shall incorporate the calculated high water level of the pond
plus three feet.
9. The development shall be subject to an on-site ponding and supplemental dash dedication
requirement to fully meet water quality mitigation obligations.
10. The City shall issue exemptions from regulation under the Wetland Conservation Act for the two
potential wetland areas in the northern portion of the site.
a��
Planning Report - Eagan Business Commons
March 25, 1997
Page 9
11. The developer shall fulfill tree mitigation requirements by: a) installing 70 Category B trees (or
some combination of Category A, B, or C trees to equal 70 Category B trees), in addition to any
approved landscape requirements; and b) provide a cash mitigation in the amount of $20,184.00
12. The developer shall provide additional landscaping on Lot 3, Block 1 to achieve 75% solid
screening in front of the proposed parking lot and around the two northern most detention ponds.
13. The developer shall submit a revised landscape plan for staff review indicating the location, species
and size of the mitigation trees and shrubs. The revised landscape plan shall be approved by staff
prior to issuance of a building permit.
14. The developer shall install tree protective measures (i.e. 4 foot polyethylene laminate safety netting)
at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant
trees/woodlands to be preserved.
15. The developer shall contact the City Forestry Division at least five (5) days prior to the issuance of
the grading permit to ensure compliance with the approved Tree Preservation Plan.
B. To recommend approval or denial of a Variance to allow buildings and parking within the 100
foot buffer yard where an I district is across the street from an R, A, or P district, subject to the
following conditions:
1. No trucks or loading areas shall be. allowed on the east side of the building on Lot 1, Block 2.
aa�
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights -of -Way
1. This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights -of --way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right -0f --way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. - Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25. 1987
LTS#5
STANDARD.CON
City Council
September 15, 1987
Revised: July 10, 1990_
Revised: February 2, 1993
FINANCIAL OBLIGATION - Eagan Business Commons
There are pay-off balances of special assessments totaling $3,952 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 City has
scheduled a public hearing for the improvement of Lone Oak Road. If the Council approves the
project, pending assessments will be placed against these properties.
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
Rate
Quantity
Amount
Lateral Benefit Sanitary Sewer
$20.60/ff
1,651 ff
$34,011
Lateral Benefit Water
$26.25/ff
2,129 ff
55,886
Lateral Benefit Water
5.45/ff
260 ff
1,417
Storm Sewer Trunk
.121 sq ft
16,500 sq ft
1.997
Total
J21.311
C Ora 1110120Vj reIs
[d
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Eagan Business Commons
ofEcTc, Case No. 2.—PP-04-02-97
Zoning Map
Current Zoning
I-1 Limited Industrial
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°�°° Case No.02-PP-04-02-97
Comprehensive Plan Map
IND Limited Industrial
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RoSEVMLE PROPERTIES
MANAGEMENT C O M PA N Y
March 11, 1997
Julie Farnham, Planner
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
r.-;..
' , ! iQQ7
Re: Variance Request - Eagan Business Commons Project, Highway 55/Dodd/Lone Oak
Julie:
Please accept this letter in conjunction with our request for a variance for the above
project due to the proximity of the Lutheran church on the north side of highway 55.
Apparently, current city zoning ordinances require that building structures and parking
surfaces be set back 100' from property lines that are across the street from church
properties.
Three of the four proposed Eagan Business Commons structures are within the ordinance
requirements, with only our fourth building on the comer of Lone Oak and 55 potentially
out of compliance. While this building is setback just about 100' from the property line,
the parking surface extends to within 20'.
We have minimized the coverage ratio on the site to the point where the development is
still feasible. As noted on our landscaping plans, the presentation from highway 55 (and
from the church) will be an attractive, well planted and groomed component of the
project. We, of course, are sensitive to the image the entire project evokes, especially
along both 55 and Lone Oak.
As the project elevations show, the facades of the front two buildings facing 55 will be
glass and brick, consistent with the type of office/warehouse tenant we hope to attract.
The front parking areas will be for employees and visitors and typically be empty on
Sundays and evenings. These buildings need the parking surfaces to meet the parking
ratios office/warehouse use requires. Note that the truck docks are in the rears of each.
These two buildings, along with the holding pond in the center and its landscaping, will
effectively screen the parking areas of the larger warehouses.
Our architectural scheme of materials will be consistent on all four buildings, again adding
to the street appeal of the entire project.
2575 N. Fairview - Suite 250 -
ROae, MN 55113
(612) 633-6312 - Fax 633-9221
continued...
Page two
After considering all of the above, we ask that you grant the variance requested in a timely
manner so that this project can proceed. Please advise our office immediately as to what
further information you require. Thanks.
Respect
-
Mark E. Rancone, cpm
Vice President
a 3
FINANCIAL OBLIGATION
LEGEND '
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smmy Lateral Benefit Water
Lateral ser*R Water
Storm Sewer Trunk
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J
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
D. TIF DEVELOMENT AGREEMENT, ROSEVILLE PROPERTIES,
NORTHEAST EAGAN REDEVELOPMENT TAX INCREMENT FINANCING
DISTRICT, EAGAN BUSINESS COMMONS
ACTION TO BE CONSIDERED:
To approve or deny a resolution authorizing activities in tax increment district #3 and
approving the development agreement and tax increment note for acquisition activities
associated with the development of the Eagan Business Commons.
FACTS:
• In recognition of the need for certain redevelopment activities to occur in the
Highway 55/149 area of Northeast Eagan, the Eagan City Council created tax
increment financing district #3 in June of 1996. The City has since been approached
by Roseville Properties which is proposing to develop the Eagan Business Commons
Project on a portion of this TIF district.
• Within the proposed project area, staff and the developer have identified costs eligible
for tax increment financing which will remove and redevelop substandard conditions
which led to the formation of the district. These costs are eligible for TIF assistance
under the statute.
• Based on estimates prepared by the City's fiscal consultant, the improvements
contemplated in the Eagan Business Commons will generate a tax increment revenue
stream over the next 25 years which has a present value of $2,084,000. Note that the
costs associated with the subject property include $500,000 for the acquisition of
homes abutting Lone Oak Road and $275,000 as a write-down for the principal lot of
the Eagan Business Commons property. This amount has been negotiated with the
developer in consideration for the demolition and redevelopment of the Lone Oak
Road home sites and as an incentive for the development of the site to generate tax
increment revenues for other redevelopment activities elsewhere in the district. The
acquisition of homes will be financed from City sources and will be repaid by tax
increment proceeds. The contribution to the developer together with capitalized
interest will be covered by a tax increment financing note which will also be paid
from such revenues.
e To assure coverage of City costs in the event that the project is not developed, the tax
increment agreement provides for a letter of credit to be posted by the developer in an
amount equal to the acquisition costs of the Lone Oak. Road homes. The letter of
credit will be released in thirds upon completion of each of the first three buildings of
the project at which time, sufficient tax increment revenue will be generated to cover
the costs anticipated by the letter of credit. In addition, the developer will provide an
assessment agreement which will guarantee a base value of the property for property
tax purposes for a period of time sufficient to cover the redevelopment expenses
contemplated under the agreement. aq�
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
All documents have been reviewed by City staff and bond counsel. There is
agreement in principle on all major issues and remaining details of the development
agreement will be finalized by staff and the developer prior to Tuesday evening's
meeting.
ATTACHMEENTS:
• Ro ville Properties' application for tax increment financing assistance on pages
through r�
® A ing summary report on page d
Resolution on pages 2Sts through'
Dr tax increment financing developpmmetit agreement on pagescXj through
a��
RosEviLLE PROPERTIES
MANAGEMENT COMPANY
March 13, 1997
Jon Hohenstein, Assistant to the City Administrator
CITY OF EAGAN
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Proposed Ewan Business Commons Project Lone Oak/Highwas� 55/Dodd Road
Jon:
On behalf of Roseville Properties and in conjunction with R.J. Ryan Construction, please
accept this letter as a general outline and background for our proposed Eagan Business
Commons project.
Our development entity, Roseville Properties, is a Minnesota general partnership and one
of a number of real estate partnerships in which I am the managing general partner. I am
involved in various industrial, commercial and residential real estate primarily in the
Minneapolis/St. Paul area, and in Iowa and Florida as well. Unlike many developers, we
build industrial/commercial projects for long-term investment purposes. Our portfolio has
grown over the past twenty years to approximately 2 million square feet. We actively
manage all of our properties through Roseville Properties Management Company, of
which I am President.
A significant portion of our real estate holdings consist of single story, multi -tenant
office/warehouse buildings and bulk warehouse structures such as those proposed for this
development. In fact, the bulk warehouse buildings are being built for the expansion of
Terminal Warehouse Company, for whom we completed two similar buildings in Eagan
last year. The front office/warehouse buildings are modeled after our newest building in
our Roseville Business Commons development, located just east of Highway 88, between
County Roads C and C2, in Roseville.
We believe that our project complements recently developed neighboring sites such as The
Waters, and sets the appropriate benchmark for the Highway 55 corridor redevelopment.
continued...
2575 N. Fairview - Suite 250 - Roseville MN 5 - (612) 633-6312 - Fax 633-9221
Page Two
This particular site is difficult to work with due to its geometry and offers little flexibility
in maintaining economic feasibility. We will need both financial assistance and legislative
leeway from the City of Eagan in a number of areas in order to bring it to fruition.
Redevelopment funds are proposed for the acquisition of the homes along Lone Oak. The
construction of Commers Drive and related utility infrastructure are planned as public
improvement projects.
Additional costs for off-site ponding, potential costs related to any soils corrections, any
required Tree Preservation Plan or Wetlands mitigation, and site acquisition have been
identified as potential Tax Increment Financing (TIF) District issues and to that end we
have submitted the attached TIF application.
We appreciate the accessibility and cooperation shown by city staff, and look forward to
working together with Council and staff over the weeks ahead to bring Eagan Business
Commons from concept to reality.
Very truly yours,
Danfel P. Commers
Managing General Partner
CITY or mAgANA KIMMSOTA
3630 Pilat Knob Road
Eagan, Iii 55122
AP LZC OR TAx INCREMENT FINAN�TNG 'REorEW
(Public information upon approval only)
BUSINESS NAME: Roseville Pro erties
LOCATION: 2575 N. Fairview, Roseville 55113LAND: g 2,175,000
BUSINESS FORM: General Partnership BUILDING: $ See attached Exhibit A
REPRESENTATIVE: Daniel P. Commers
PHONE .,(LJ -2-1- 6 . 33-A13 2 OTHER: $ See attached Exhibit B
NATURE OF BUSINESS: Real Estate Devel t/ TOTAL: g 11,772,590
Investment '
1
INFOYtMATION CONC1aRN�TG llPpLiCANT B PrloposgD PRo gar
t. n ZITS =12
OR
f
Fqj;� WAN* ENG? Emtaeh
2. PROPOSED LOCATION (ADDRESS AND LEGAL DESCRIPTION)
Lone OakZHiclhway 55 Project The property is not platted and has a
lengthy metes and boun sescrip..on. a parce s inc u arts of
Sections -2``6nd 11 ''Townshi .27 'Nortb, Range Z3 West in Dakota County.
3. NEW FACILITY OR EXPANSION? •New Facility
4. INDi1ST=AL/CQMmERC=AL? Industrial
S. ESTIMATE NUMBER OF VFW JOBS 300-400 ESTIMATED ADDITIONAL
t. PAYROLL $9,000,000-12,000,,000 annus ed on estimate annual average salary of
$30,000)
6t/ IS THIS SITE/PROPERTY-ZONED AND ARE UTILITIES AVAILABLE?
Zoned I-1, Utilities are at .site ;
7. ESTIMATE PROJECT'S PRESENT AND AN'T'ICIPATED MARIMT VALUES Foll
PROPERTY TAX PURPOSES
See attached Exhibit C
I
a. WHEN IS THE CONSTRUCTION PERIOD EXPECTED TO START: MaZ 1 1997
FINISH: Septemb�r 1, 1997
I
i
9. WILL THERE BE MORE THAN ONE PHASE IN THE CONSTRUCTION OF THIS
PROJECT? Yes IF YES, AS A PERCENT OF PROJECT VALUE,
WHAT PORTIONS OF THE PROJECT WILL BE COMPLEFpg IN CIti
CALENDARYEAR? 200 000 a feet warehouse and' 69, 00 squareee
office/warehouse to be built in 1997; Second offioe/warehouse will be
built in 1998.
ld. DESCRIBE THE RELATIONSHIP OF THE PROJECT, IF ANY, TO OTHER
ELEMENTS OF THE LOCAL ECONOMY Multi -tenant office/warehouse user(s)
will bring 3MIUOfial M mercial business to the Eagan area.
Land Acquisition and Site Development
(May be financed by TIF): $
Construction Contracts
Equipment Acquisition & Installation
Architectural & Engineering Fees
Legal Fees
Interest During.Construction
Initial Bond Reserve
Contingencies
Bond Discount
Other
Total tri Land $
Tota ithout Land
al TIF Request $
zas
Leverage Ratio
a separate Appendix, the financial information required
er section I.i. above for review by the City's financial:
tae�ea+�e .�
i
iBTORY OF PPLY 14I�' .
1. Have You ever
been in bankruptcy? No
2• Have you ever defaulted on
any bondor mortgage commit
No ment?
3 • Have You ever r.
City? y�� If sco# where
e P assistance in
current status Where. 1n what this or any other
Of that assistance? �Ounts and w
amount of Cit hat is the
$175,000.00 of Roseville in the
completed in 1990.
4• Do you have any history Of
property tax
5. Have you applied for delinquency? No
internal financin No
financin�
4 for this project? 9 or secured
Yes -conventional
Private Financing Status: Approved x
Deni ed__pending
6• List financial references:
a• Midwa National Bank
Gary Scham 643-8471
b. Towle Financial Services, Greg Hultstrand 347-9
Other co 317
mments:
Date:
W
JRyan
Construction, Inc.
6511 Cedar Avenue South Minneapolis, Minnesota 55423 a (612) 866-4632
February 10, 1997
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Attn: John Hohenstein
Re: Roseville Properties
Industrial Development
Lone Oak Road & Hwy 55
Dear John:
Fax (612) 866-0390
R.J. Ryan Construction, Inc., will be working with Roseville Properties to construct four
industrial facilities on an approximately 26 acre site at Lone Oak Road and State Highway
55-52. The following is a list of building sizes, values, and construction dates.
Building
Size
Value
Construction Date
#1 Warehouse
100,000 s.f.
$2,100,000
Summer of 1997
#2 Warehouse
100,000 s.f.
$2,100,000
Summer of 1997
#3 Office Showroom
69,400 s.f.
$2,100,000
Summer of 1997
#4 Office Showroom
50,212 s.f.
$1,500,000
Spring of 1998
The above figures are provided for your use when considering our request that the tax
increment be used to construct the road and associated public improvements.
If you have any questions regarding this information, please don't hesitate to call either me
or Hugh Cullen of Roseville Properties at 633-6312.
TR:jv
B:TR-ROS-5
Sincerely,
. RYAN CONSTRUCTION, INC.
om Ryan
'An 10 Employer
Exhibit B
Other estimated costs for the Lone Oak/Hwy 55 Project
Acquisition of the homes along Lone Oak Road
Plat work and survey
Costs for run-off ponding (off-site)
Grading and drainage plan
Soil borings- 4 building sites
Potential costs related to soil corrections
Tree Preservation Plan
Wetlands Management
Filing Fees
Road and Utilities Infrastructure
Park Dedication Fees
Trail Dedication Fees
Sewer lateral and water connection fees
Storm sewer trunk
Utility Burials
Administrative Fees
Total Estimated Cost
$500,000
15,000
25,000
20,000
12,000
150,000
41,000
Undetermined*
10,000
555,750
73,600
20,240
115,000
Undetermined*
250,000
10.000
1,797,590*
va-11+i:7YT�
Assumptions Report
City of Eagan, Minnesota
Tax Increment Financing Dbaict #9
Lone Oak/Mghway 55 Prot
(sbc parcels excluding 10-00200-010-76)
Type of Tax kawnent ftwx5tg Disaict Redevelopment
Magnum Duration of TIF District 25 years from 1st increment
Cerdlication Request Deer
06/15/95
Decertification Dade
12/011"2022
(24 Years of WOrneno
1ti95ji996
Base Estimated Martaet Value (1)
S1.422,700
Times: First $100,000 3.00%
3.000
Exoe55 4.6096
80.844
Original Net Tax Cspady
$63,844
------- Amemmi Collection You ------ �
1997/1998 1998/1999
1999x2000
ZWrd00t
Base Estimated Market Value
$1,422.700 $1.422.700
$1.422.700
$1,422,700
Increase in BMV (New Construction) (2)
0 6.300,000
7,800,000
7.800,000
Decrease in EW (Building Demo) (3)
0 (256.800)
(256,800)
(256,800)
Total Estlmalad Marimt Value
$1.422700 $7,465.900
$6,985,900
$8,965,900
Tf nes: First $100,000 3.00%
3.000 3,000
3,000
3.000
E�ooess 4.60%
60,844 338,831
407.631
407,831
TOW Net Tex Capacity
M544 $341,831
$410AW
$410,831
Base Inflation Fedor
NA
Local Tax Capaofgr Raw
111.182%
(pay 1997) (4)
F WW Disparities CwMWf3on Rw TIF Dow 352823%
(pay 1997)
Administrative PatdWe Pamem (rna>c mum -10%) 10.00%
Pooling Percent
0.00%
City Tax Fbft (Only if Local—Mit TIF)
NA
Bonds
Loan (Pay—As—You—Go)
Bands Dated NA
Loan Dated
04/01/97
First kr oat Dab. NA
Moen
am%
Underwriters Discount NA
Principal & Iraw st @ NA
1QAl M Lass,
Will Annual Local Contribution % Made (Yes or Nott Yes
ISD Equalized TaxCapecity Heine (x`197) NA
1.6.0 $eries Ratio (1#197) NA
OIW Safes Ratio NA
Taxable Net Tax Capacity NA
Present Value Date 04/01/07
Present Valtr4 RR0 S.OD%
(1) burn d the pay 1996 astfmated madwtvalues far the sbc parcels i'raluded in the Dist iet
(2) TWo warehousm and ane office showroom built fn 1997.2nd otftos showroorn built in 1996.
(3) Assumes all demolilion aompiabad In 1997.
(4) Lasser of eume d and flow rates. (how -114.310%)
Prepared by: SpM9saed Ir>corporated (26—Feb-97)
Tax Increment Financing
Summary Report
City of Eagan, Minnesota
Tax Increment Financing District #3
Lone Oak/Highway 55 Project
(six parcels excluding 10-00200-010-76)
Type of Tax Increment Financing District
Maximum Duration of T1F District
Certification Request Date
Present Value Date
Decertification Date of TIF District
Redevelopment
25 years from 1st increment
05/15/96
04/01/97
12/01/2022 (24 Years of Increment)
Loan Amount @ 8.25%
$2,084,000
Less:
Future
P.V.
Bond Issue @ 0.00096 (NIC)
NA
Annual
Value
@ 5.00%
(Taxable)
Annual Local
Annual
Admin. (10.00%)
$594,243
$315,802
Retainage
Deduction
Net Tax
Loss of LGAIHACA
0
0
Eligible Project Costs
NA
10.00%
Local Contributions
(296,824)
(157,742',
Capitalized Interest
NA
(1)
(2)
(3)
(4)
Underwriters Discount
NA
(7)
Gross Surplus (Shortage)
$297,419
$158,060
COI/Administrative
NA
0
Local-EffortTIF
0
0
Other
NA
0
0
0
0
Net Surplus (Shortage) $297,419 $158,060
Prepared by: Springsted Incorporated (26 -Feb -97) \
Less:
Less:
Plus:
Annual
Annual
Admin.
State Auditor
Annual
Annual Local
Annual
Projected
Period
Gross Tax
Retainage
Deduction
Net Tax
Contribution
Net
Loss of
Ending
Increment
10.00%
0.10%
Increment
5.00%
Revenue
LGA/HACA
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
12131 197 ;
0
0
0
0
0
0
0
12/31/98
0
0
0
0
0
0
0
12/31/99
200,024
20,002
200
179,822
9,991
189,813
0
12/31/2000
249,673
24,967
250
224,456
12,471
236,927;
0
12/31120011
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2002
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2003
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2004
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2005,
249,673
24,967
250
224,456
12,471
236,927
0
12131/2006'
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2007
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2005
12/31/2009
249,673
24,967
250
224,456
12,471
236,927
0
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2010
249,673
24,967
250
224,456
12,471
236,927'
0
12/31/2011
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2012
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2013
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2014,
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2015
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2016
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2017
249,673
24,967
250.
224,456
12,471
236,927
0
12/31/2018
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2019,
249,673
24,967
250
224,456
12,471
236,927
0
12131120201
249,673
24,967
250
224,456
12,471
236,927
0
12/31/20211
249,673
24,967
250
224,456
12,471
236,927
0
12/31/20221
249,673
24,967
250
224,456
12,471
236,927
0
12/31/2023
0
0
0
0
0
0
0
$5,942,503
$594,243
$5,950
5,342,31
$0
$296,824
$5,639,134
$0
Prepared by: Springsted Incorporated (26 -Feb -97) \
W
Resolution No.
RESOLUTION AUTHORIZING ACTIVITIES IN TAX INCREMENT
DISTRICT NO.3 AND APPROVING DEVELOPMENT AGREEMENT
AND TAX INCREMENT NOTE
BE IT RESOLVED By the City Council of the City of Eagan:
1. By resolution adopted on June 4, 1996 this Council approved a
modified Development Program for Development District No. 2 and Tax Increment Finance
Plan for Tax Increment Financing District No. 3 (the "TIF District"). The TIF District was
determined to be a redevelopment district within the meaning of Minnesota Statutes,
Section 469.174 on the basis of reports of City staff as to the condition of certain of the
properties therein. The TIF District includes the following parcels (the "housing parcels") -
(a)
855 Lone Oak Road
(b)
845 Lone Oak Road
(c)
835 Lone Oak Road
(d)
825 Lone Oak Road
(e)
821 Lone Oak Road
A staff report on file with the City Clerk concludes that parcels a, b, c and d (the "substandard
housing parcels") are structurally substandard within the meaning of Minnesota Statutes,
Section 469.174, Subd. 10. The conditions of the substandard housing parcels allow
designation of redevelopment and renewal and renovation districts under Minnesota Statutes,
Section 469.174. It is hereby determined that the substandard housing parcels are not of
sufficient size to permit development. The parcels in the TIF District adjacent to the
substandard housing parcels (the "adjacent parcels") include the following:
(a) 821 Lone Oak Road
(b) PID 100020001077
It is hereby determined to be necessary to acquire the adjacent parcels to provide a site of
sufficient size to permit development. Under Minnesota Statutes, Section 469.176, Subd. 4j,
the City has authority to use tax increment from the TIF District to acquire the substandard
parcels and adjacent parcels, to demolish structures thereon and certain other activities.
2. There has been presented to this Council a form of a Development
Agreement (the "Development Agreement") proposed to be entered into between the City and
Daniel P. Commers (the "Developer") relating to the development of the housing parcels and
the adjacent parcels, together with a Tax Increment Note (the "TIF Note") attached as an
exhibit thereto. The TIF Note is payable solely from a portion of the tax increment resulting
from the housing parcels adjacent parcels. The Development Agreement, the Assessment
asp
Agreement and the TIF Note are hereby approved. The Development Agreement TIF Note
shall be executed by the Mayor and City Clerk in substantially the form on file with all such
changes and corrections therein as shall be approved by the officers executing the same,
which approval shall be conclusively evidenced by the execution thereof.
Motion made by:
Seconded by:
Those in Favor:
Those Against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1 Sth day of April, 1997.
E. J. VanOverbeke, City Clerk
as7
DEVELOPMENT AGREEMENT
Relating to
TAX INCREMENT FINANCING DISTRICT NO 3
Between
CITY OF EAGAN
and
DANIEL P. COMMERS
This Instrument Drafted by-
Faegre & Benson LLP
2200 Norwest Center
90 South Seventh Street
Minneapolis, Minnesota 55402-3901
Telephone: (612) 336-3000
aSb�
Draft: 4/10/97
ARTICLE I.
DEFINITIONS EXHIBITS. RULES OF INTERPRETATION
Section 1.1 Definitions. In this Agreement, the following terms have the following
respective meanings unless the context hereof clearly requires otherwise:
(a) Certificate of Completion. The certificate of completion set forth in Exhibit B
hereto.
(b) Assessment Agreement. The Assessment Agreement described in Exhibit E.
(c) Com. City of Eagan, Minnesota.
(d) Construction Plans. Collectively, the plans, drawings and related documents
referred to in Exhibit A.
(e) Developer. Daniel P. Commers, his successors and assigns.
(f) Development. The Property and the Improvements to be constructed thereon
by the Developer, according to the Construction Plans approved by the City.
(g) Development Program. The portion of the Development Program for
Development District No. 2 of the City which relates to the TIF District.
(h) Improvements. Each and all of the improvements to be constructed on the
Property by the Developer, including two approximately 100,000 square foot warehouse
buildings and an approximately 69,400 square foot office showroom, as specified in the
Construction Plans identified in Exhibit A hereto, but excluding any and all personal property.
(i) Letter of Credit. The Letter of Credit described in n Section 9.
0) Mortgage and Holder. The term "mortgage" shall include the mortgages
referenced in Article IV of this Agreement and any other instrument creating an encumbrance
or lien upon the Development or any part thereof as security for a loan. The term "holder" in
reference to a mortgage includes any insurer or guarantor (other than the Developer) of any
obligation or condition secured by such mortgage or deed of trust.
(k) Proverty. The real property which is a part of the site of the TIF District and
which is legally described in Exhibit C attached hereto.
(1) Public Development Costs. The costs of n acquisition of the ho using, parcels
described in Section 3 6 and related relocation benefit .
a ))7
(m) Tax Increment Note MF Note). The tax increment revenue Note issued by the
City to finance a portion of the costs of the TIF District, in substantially the form attached as
Exhibit D.
(n) Tax Increment Financing District ME District). Tax Increment Financing
District No. 3 created by the City pursuant to Minnesota Statutes Sections 469.174 through
469.179 and described in the TIF Plan adopted therefor.
(o) Tax Increment Financing. Plan CUF Plan). The plan for development of the
TIF District adopted by the City pursuant to Minnesota Statutes Sections 469.174 through
469.179 and a resolution of the City Council adopted June 4, 1996.
(p) Other Terms. Terms defined in other sections of this agreement have the
meanings given them.
(q) Unavoidable Delay . Delays which are the direct result of strikes, fire, war,
material shortage, causes beyond the constructing party's control or other casualty, or acts of
any federal, state or local government unit, except those acts anticipated or contemplated
under this Agreement.
Section 1.2 Exhibits. The following Exhibits are attached to and by reference made a
part of this Agreement:
A.
Construction Plan Documents.
B.
Certificate of Completion.
C.
Legal Description of Property.
D.
Tax Increment Note.
E.
Assessment Agreement
Section 1.3 Rules of Interpretation.
(a) This Agreement shall be interpreted in accordance with and governed by the
laws of the state of Minnesota.
(b) The words "herein" and "hereof " and words of similar import, without
reference to any particular section or subdivision refer to this Agreement as a whole rather
than any particular section or subdivision hereof.
(c) References herein to any particular section or subdivision hereof are to the
section or subdivision of this Agreement as originally executed.
a (�a
(d) Any titles of the several parts, articles and sections of this Agreement are
inserted for convenience and reference only and shall be disregarded in construing or
interpreting any of its provisions.
ARTICLE II.
REPRESENTATIONS AND COVENANTS
Section 2.1 By the Developer. The Developer makes the following representations
and covenants:
(a) The Developer has the legal authority and power to enter into this Agreement.
(b) The Developer has the necessary financial resources for construction of the
Improvements.
(c) The Developer will, if and to the extent requested by the City, demolish the
buildings and other improvements on the Property and will construct the Improvements in
accordance with the terms of this Agreement, the TIF Plan and all local, state and federal laws
and regulations, and will construct or pay the costs of construction of any site improvements,
utilities, parking. facilities, or landscaping improvements which are necessary in connection
with the construction and operation of the Improvements.
(d) The Development is comprised of uses permitted under the ordinances of the
City and is in conformity with the TIF Plan and the Development Program.
(e) At such time or times as may be required by law, the Developer will have
complied with all local, state and federal environmental laws and regulations, will have
obtained any and all necessary environmental reviews, licenses or clearances under, and will
be in compliance with the requirements of the National Environmental Policy Act of 1969, the
Minnesota Environmental Policy Act, and the Critical Area Act of 1973.
(f) The Developer will obtain, in a timely manner, all required permits, licenses
and approvals, and will meet, in a timely manner, all requirements of all local, state and
federal laws and regulations which must be obtained or met before the Improvements may be
constructed.
Section 2.2 By the City. The City makes the following representations as the basis for
the undertaking on its part herein contained:
(a) The City is authorized by law to enter into this Agreement and to carry out its
obligations hereunder;
(b) The City will, in a timely manner, subject to all notification requirements,
review and act upon all submittals and applications of the Developer and will cooperate with
the efforts of Developer to secure the granting of any other permit, license, or other approval
required to complete the construction of the Improvements; provided, however, that nothing
contained in this subparagraph 2.2(b) shall be construed to limit in any way the reasonable
and legitimate exercise of the City's discretion in considering any submittal or application;
and
(c) The Property is zoned for purposes which include the Development as
proposed and the City has issued all necessary planned unit development, conditional use
permits and plat approval.
(d) The City has duly established the Development Program pursuant to Minnesota.
Statutes Sections 469.124 through 469.134 and has created TIF District No. 3 pursuant to
Minnesota Statutes Sections 469.174 through 469.179; and
(e) The City will issue the TIF Note in consideration of the Developer's advances
for the Public Development Costs and completion of the Improvements.
(f) The City has elected to make a qualifying local contribution with respect to the
TIF District under Minnesota Statutes Section 273.1399, subd. 6(d).
(g) The City's primary objective is to redevelop the Property and not to create
employment opportunities.
ARTICLE III.
CONSTRUCTION OF IMPROVEMENTS, PUBLIC IMPROVEMENTS
OTHER DEVELOPER OBLIGATIONS
Section 3.1 Construction of Im rovements• Easements. The Developer agrees that it
will construct the Improvements on the Property in accordance with the Construction Plans.
Section 3.2 Buildine Plans. The City expects to issue a building permit for the
Development based upon the Construction Plans. Final Construction Plans for the
Improvements shall be subject to approval by the City.
Section 3.3 Completion of Construction. Subject to Unavoidable Delays, construction
of the Improvements shall be completed by the Developer prior to n Jul_ v 31, 1998. All
construction shall be in conformity with the approved Construction Plans. Periodically during
construction, but at intervals of not less than 30 days, the Developer shall make reports in
such detail as may reasonably be requested by the City concerning the actual progress of
construction.
a��
Section 3.4 Certificate of Completion. Promptly after notification by the Developer of
completion of the Improvements, the City shall inspect the construction to determine whether
it has been substantially completed in accordance with the terms of this Agreement, including
the date for the completion thereof. In the event that the City determines that the construction
has been completed in accordance with the Construction Plans and applicable regulations, the
City shall fumish the Developer with a Certificate of Completion as described in Exhibit B.
Such certification by the City shall be a conclusive determination of satisfaction and
termination of the agreements and covenants in this Agreement with respect to the obligations
of the Developer to construct the Improvements.
Section 3.5 Develo er Subsidy. The City n sh&j provide a subsidy to the Developer
having a present value of approximately n $300.000 in consideration of the acquisition by the
Developer of the n Darcels described as the Improvements to be constructed
by the Developer hereunder and n the Develope` undertaking to demolish and remove
existing buildings on the Property, which subsidy shall be paid to the Developer on a "pay-as-
you-go" basis through the Note described below. The authorized principal amount of the
Note and the terms of the Note are described herein. If the Developer al. o acouires then,
arcel
presently containing a_aiagle family home located at the Cily shall make an
additional cash payment of $141 000 no later than 1997
Section 3.6 Property Acquisition. The real property necessary to be acquired for the
Project consists of A the parcels described in ion 3 5 (he "Developer parcels") and the
12arcels located at -and (the "housing na „ W.
th resnect to the
housingparcels-,the City may at its option either (a) authorize all or any designated housing
parcels to be acquired by the Dakota County Housing and Redevelopment Authority as its
agent or (b) direct the Developer to acquire, with funds provided by the City, all or any of the
housing parcels; provided, however, that the City shall have no obligation to purchase or pay
for any of the housing parcels until the Developer has delivered the Letter of Credit to the City
pursuant to Section 3.9 hereof. In lieu of the acquisition by the City of n the Develoner's
pa.� and reconveyance by the City of n the Develon.er's p r .Pis to the Developer, the
Developer shall at its expense acquire good and marketable title to n the Develon .r's parcels
from the existing owners. Any of the housing parcels acquired by or on behalf of the City
shall be conveyed to the Developer by quit claim deed. The actual cost of acquisition of the
housing parcels shall be considered a Public Development Cost hereunder. The City makes no
representation or warranty as to the status of title to the Property or as to the suitability of the
Property for the Developer's purposes. n In the event Dakota ColInty a g,�'r!s-b_
condemnation or under threat of condemnation all or any portion of the housing parcels
reasonably requested by the County in order to widen or relocate Lone Oak Road
Developer shall assign to the City that portion of the 2ro-ceeds of c2ndemnation or sale which
are allocable to the amount paid by the County for the -h- .ils a the D
(:;� (-P ��
retain the balance of the proceeds received as comnensation for the Developer's parcels. for
severance damages or otherwise on account of the Developer's parcels. The Developer shall
be entitled to exercise all remedies of available as a landowner with respect to condemnation
of any portion of the Prosy. At the request of the City, the Developer shall execute and
record such instruments as the City may reasonably request to evidence A the Developer's
assignment obligation.
Section 3.7 Demolition. Upon acquisition of the Property, the Developer shall
demolish all the buildings and other improvements on the Property.
Section 3.8 Relocation. The City shall pay any relocation costs required to be paid by
the City under Chapter 117, Minnesota Statutes, or any other law. Any relocation costs paid
by or on behalf of the City shall be considered a Public Development Cost hereunder.
Section 3.9 Letter of Credit. As security for its obligations hereunder, the Developer
shall deliver to the City a Letter of Credit issued by a bank acceptable to the City. The Letter
of Credit shall be in an amount equal to the greater of $ or the actual amount of the
Public Development Costs incurred or reasonably estimated to be incurred by the City
hereunder and shall otherwise be in a form acceptable to the City. Upon issuance of a
Certificate of Completion the City shall return the Letter of Credit to the Developer. The City
may draw on the Letter of Credit on the earlier of (i) 20 days prior to its expiration date, 2L (ii)
the occurrence of an Event of Default hereunder A. The amount of the Letter of Credit may
be redeemed to 2/3 of its original amount upon the issuance of a certificate of occupancy for
one of the buildines completed by the Develover_ ind-to_l13 its oricinal amount upon the
V - - .,•=
76 V
ARTICLE IV.
LIMITATION UPON ENCUMBRANCE PROHIBITIONS
AGAINST ASSIGNMENT AND TRANSFER,• SUBORDINATION
Section 4.1 Limitation U on Encumbrance of Develo ment. Prior to the issuance of
the Certificate of Completion, neither the Developer nor any successor in interest to the
Property or any part thereof shall engage in any financing or any other transaction creating any
mortgage or other encumbrance or lien upon the Development, whether by express agreement
or operation of law, or suffer any encumbrance or lien to be made on or attached to the
Development other than the liens or encumbrances attached for the purposes of obtaining
funds to the extent necessary for making the Improvements and such additional funds, if any,
in an amount not to exceed the costs of developing the project without the prior written
approval of the City. The City shall not approve any Mortgage which does not contain terms
which conform to the terms of this Article IV of this Agreement.
Section 4.2 Representation as to Develo ment. The Developer represents and agrees
that its undertakings pursuant to the Agreement are for the purpose of implementation of the
Development and not for speculation in landholding. The Developer further recognizes that,
in view of the importance of the Development to the general welfare of the City and the
substantial financing and other public aids that have been made available by the City and the
City for the purpose of making the Development possible, the qualifications and identity of
the Developer are of particular concern to the City. The Developer further recognizes that it is
because of such qualifications and identity that the City is entering into this Agreement, and,
in so doing, is further willing to rely on the representations and undertakings of the Developer
for the faithful performance of all undertakings and covenants agreed by Developer to be
performed.
Section 4.3 Prohibition Against Transfer of Property and Assignment of A reement.
For the reasons set out in Section 4.2 of this Agreement, the Developer represents and agrees
that, prior to the completion of the Improvement as certified by the City:
(a) Except only (i) transfers to an entity effectively controlled by the Developer
which has assumed by written instrument satisfactory to the City all of the Developer's
obligations hereunder and (ii) transfers or encumbrances for the purpose of obtaining
financing necessary to enable the Developer or any successor in interest to the Property, or
any part thereof, to perform its obligations with respect to the Development under this
Agreement, and any other purpose authorized by this Agreement, the Developer, except as so
authorized, has not made or created, and will not make or create, or suffer to be made or
created, any total or partial sale, assignment, conveyance, or any trust or power, or transfer in
any other mode or form of or with respect to this Agreement or the Development or any part
thereof or any interest therein, or any contract or agreement to do any of the same, without the
prior written approval of the City; and
N The City shall be entitled to require, except as otherwise provided in this
Agreement, as conditions to any such approval under this Section 4.3 that: (i) Any proposed
transferee shall have the qualifications and financial responsibility, as determined by the City,
necessary and adequate to fulfill the obligations undertaken in this Agreement by the
Developer, or, in the event the transfer is of or relates to part of the Development, such
obligations to the extent that they relate to such part. (ii) Any proposed transferee, by
instrument in writing satisfactory to the City and in form recordable among the land records,
shall for itself and its successors and assigns, and specifically for the benefit of the City, have
expressly assumed all of the obligations of the Developer under this Agreement and agreed to
be subject to such obligations, restrictions and conditions or, in the event the transfer is, of, or
relates to part of the Development, such obligations, conditions, and restrictions to the extent
that they relate to such part; provided, that the fact that any transferee of, or any other
successor in interest whatsoever to, the Development or any part thereof, shall, for whatever
reason, not have assumed such obligations or agreed to do so, shall not, unless and only to the
extent otherwise specifically provided in this Agreement or agreed to in writing by the City,
relieve or except such transferee or successor from such obligations, conditions, or
restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls
with respect to the Development or the construction of the Improvements; it being the intent
of this Section 4.3, together with other provisions of this Agreement, that to the fullest extent
permitted by law and equity and excepting only in the manner and to the extent specifically
provided otherwise in the Agreement no transfer of, or change with respect to, ownership in
the Development or any part thereof, or any interest therein, however consummated or
occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or
limit the City, of any rights or remedies or controls provided in or resulting from this
Agreement with respect to the Development and the construction of the Improvements that
the City would have had, had there been no such transfer or change. (iii) There shall be
submitted to the City for review all instruments and other legal documents involved in
effecting transfers described herein, and, if approved by the City, its approval shall be
indicated to the Developer in writing.
In the absence of specific written agreement by the City to the contrary, no such
transfer or approval by the City thereof shall be deemed to relieve the Developer from any of
its obligations with respect thereto.
Section 4.4 Avvrovals. Any approval required to be given by the City under this
Article IV may be denied only in the event that the City reasonably determines that the ability
of the Developer to perform its obligations under this Agreement will be materially impaired
by the action for which approval is sought.
Section 4.5 Subordination and Modification for the Benefit of Mortgagees.
(a) In order to facilitate the obtaining of temporary or permanent financing for the
construction or purchase of the Improvements by the Developer, the City agrees to
subordinate its rights under this Agreement and the Assessment Agreement to the holder of
any mortgage entered into for the purpose of obtaining such financing.
(b) In order to facilitate the obtaining of financing for the construction of the
Improvements, the City agrees that it shall agree to any reasonable modification of this Article
IV or waiver of its rights hereunder to accommodate the interests of the holder of the
mortgage, provided, however, that the City determine, in its reasonable judgment, that any
such modification(s) will adequately protect the legitimate interests and security of the City
with respect to the Development.
ARTICLE V.
TAX INCREMENT NOTE-,
ASSESSMENT AGREEMENT
Section 5. l Issuance of Tax Increment Note. Subject to the further provisions of this
Section, the City shall issue to the Developer upon substantial completion of the
Improvements the Tax Increment Note substantially in the form of Exhibit D hereto in an
aggregate amount equal to n $300-000. The TIF Note shall bear interest at the rate of 8.50%
per annum, and shall be payable in annual installment payments payable on n February
2000 and each n FebruaLy I thereafter to and including n February l _ 2004. The TIF Note
shall mature on n February l . 2004. The City may prepay the TIF Note in whole or in part on
any scheduled payment date. Such TIF Note shall be issued in consideration of the
Developer's funding of land acquisition, demolition and relocation costs and construction of
the Improvements to be constructed under this Agreement.
The Developer covenants and agrees not to sell, transfer or convey the TIF Note
without the express written consent of the City; provided, however, that the Developer may,
without such consent, pledge or grant a security interest in the TIF Note to a lender as security
for a loan. The Developer acknowledges that the City makes no representations as to the
adequacy of tax increments available to pay the TIF Note.
The TIF Note shall be payable solely from the net tax increment from that portion of
the TIF District described in Exhibit C received by the City to the extent provided in Section
5.2 hereof and the City shall have no other liability on the TIF Note, nor shall the TIF Note be
payable out of any funds or properties of the City other than tax increment from the TIF
District.
c 67
Section 5.2 Tax Increment Available for TIF Note. The annual installments due on n
February of each year shall be paid solely from one-third of tax increment actually received
by the City from that portion of the TIF District consisting of the Property, after deducting
10% of such increment for allowable administrative expenses. Annual installment payments
due on the TIF Note shall equal n $7_0 each, with tax increment being applied first to
accrued and unpaid interest and then to principal. No installments are required to be paid
after n February -1-2004- regardless of whether the TIF Note has been paid in full.
Section 5.3 Assessment Agreement. On or before the execution and delivery of the
deeds to the housing parcels, the Developer and the City will execute and deliver the
Assessment Agreement, substantially in the form of the assessment agreement in Exhibit E of
this Development Agreement. The City and the Developer acknowledge that the purpose of
the Assessment Agreement is not to establish a market value for the Property and the
Improvements that is greater than the actual market value of the Property and the
Improvements but, rather, to establish a value that is the minimum actual market value that
could reasonably be established for the Development Property and the Improvements and to
limit the discretion of the City assessor to establish a lower market value. This will permit the
City and the Developer to establish a payment schedule for the Note and any obligations
incurred by the City that can be paid from the Tax Increment derived from the Property.
ARTICLE VI.
EVENTS OF DEFAULT
Section 6.1 Events of Default Defined. The following shall be deemed Events of
Default under this Agreement and the term shall mean, whenever it is used in this Agreement,
unless the context otherwise provides, any one or more of the following events:
(a) Failure by the Developer to observe and substantially perform any covenant,
condition, obligation or agreement on its part to be observed or performed hereunder, after
written notice to the Developer as provided in this Agreement;
(b) If the Developer shall admit in writing its inability to pay its debts generally as
they become due, or shall file a petition in bankruptcy, or shall make an assignment for the
benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the
whole or any substantial part of the Development;
(c) If the Developer shall file a petition under the federal bankruptcy laws; or
(d) If the Developer, on a petition in bankruptcy filed against it, be adjudicated a
bankrupt, or a court of competent jurisdiction shall enter an order of decree appointing,
M41
without the consent of the Developer, a receiver of the Developer or of the whole or
substantially all of its property, or approve a petition filed against the Developer seeking
reorganization or arrangement of the Developer under the federal bankruptcy laws, and such
adjudication, order or decree shall not be vacated or set aside or stayed within 60 days from
the date of entry thereof.
Section 6.2 Remedies on Default. Whenever any Event of Default occurs, the City
and the City may, in addition to any other remedies or rights given the City and the City under
this Agreement but only after the Developer's failure to cure within 30 days of written notice
of default, take any one or more of the following actions:
(a) suspend their performance under this Agreement until they receive assurances
from the Developer, deemed reasonably adequate by the City or the City, that the Developer
will cure its default and continue its performance under this Agreement;
(b) cancel or rescind this Agreement and the TIF Note;
(c) draw on the Letter of Credit;
(d) withhold the Certificate of Completion; or
(d) take whatever action at law or in equity may appear necessary or desirable to
the City or the City to enforce performance and observance of any obligation, agreement, or
covenant of the Developer under this Agreement.
Section 6.3 No Remedv Exclusive. No remedy herein conferred upon or reserved to
the City is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No delay
or omission to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but any such right and power may
be exercised from time to time and as often as may be deemed expedient. In order to entitle
the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to
give notice, other than such notice as may be required in this Article VI.
Section 6.4 No Additional Waiver Implied by One Waiver. In the event any
agreement contained in this Agreement should be breached by any party and thereafter waived
by another party, such waiver shall be limited to the particular breach so waived and shall not
be deemed to waive any other concurrent, previous or subsequent breach hereunder.
a��
ARTICLE VII.
ADDMONAL PROVISIONS
Section 7.1 Conflicts of Interest Representatives Not Individually Liable. No City
officer who is authorized to take part in any manner in making this Agreement in his or her
official capacity shall voluntarily have a personal financial interest in this Agreement or
benefit financially therefrom. No member, official, or employee of the City shall be
personally liable to the Developer, or any successor in interest, in the event of any default or
breach by the City or for any amount which may become due to the Developer or successor or
on any obligations under the terms of this Agreement.
Section 7.2 Non -Discrimination. The provisions of Minnesota Statutes Section
181.59, which relate to civil rights and non-discrimination, shall be considered a part of this
Agreement and binding on the Developer as though fully set forth herein.
Section 7.3 Notice of Status and Conformance. At such time as all of the provisions
of this Agreement have been fully performed by the Developer and the City upon not less than
ten days prior written notice by Developer agree to execute, acknowledge and deliver without
charge to Developer or to any person designated by Developer a statement in writing in
recordable form certifying the extent to which this Agreement has been fully performed and
the obligations hereunder fully satisfied.
Section 7.4 Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by either party to
the other shall be sufficiently given or delivered if it is sent by mail, postage prepaid, return
receipt requested or delivered personally
(a) As to the City:
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
(b) As to the Developer:
Daniel P. Commers
Roseville Properties
2575 North Fairview Avenue, Suite 250
Roseville, MN 55113
or at such other address with respect to any party as that party may, from time to time,
designate in writing and forward to the others as provided in this Section 7.4.
Section 7.5 Counterparts. This Agreement may be simultaneously executed in any
number of counterparts, all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
their names and behalf and the Developer has caused this Agreement to be duly executed as
of the day and year first above written.
CITY OF EAGAN
M
Mayor
And By
City Clerk
Daniel P. Commers
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
1997, by and the Mayor and City Clerk of the City of
Eagan, Minnesota, a municipal corporation under the laws of the State of Minnesota, on
behalf of the City.
Notary Public
STATE OF MINNESOTA )
COUNTY OF ss
)
The foregoing instrument was acknowledged before me this day of
1997, by Daniel P. Commers.
M1:0237249.01
Notary Public
�,;7 3
EXHIBIT A
Construction Plan Documents
The Construction Plans consist of
M1:0237249.01
EXHIBIT B
CERTIFICATE OF COMPLETION
The undersigned hereby certifies that Daniel P. Commers has fully and completely
complied with his obligations under Article III of that document entitled "Development
Agreement," dated , 1997 between the City of Eagan and Daniel P. Commers with
respect to construction of the Improvements in accordance with the approved construction
plans and is released and forever discharged from his obligations to construct under such
above -referenced Article.
DATED:
D11:0237249.01
CITY OF EAGAN, MINNESOTA
Lo
Its Administrator
M1:0237249.01
EXHIBIT C
LEGAL DESCRIPTION OF PROPERTY
[to be added]
EXHIBIT D
[Form of Tax Increment Note]
$A 300-000_ I
UNITED STATES OF AMERICA
STATE OF MINNESOTA
CITY OF EAGAN
TAX INCREMENT REVENUE NOTE
The City of Eagan, (the "City"), Minnesota, for value received, promises to pay, but
solely from the source, to the extent and in the manner hereinafter provided, to Daniel P. Commers
(the "Owner") the principal sum of A Jg= Hundred n Thousand Dollars A($300-000) in annual
installments commencing n February L 2000 and due on each n February 1 thereafter up to and
including n February l _ 2004 (each being a "Scheduled Payment Date"), together with interest on the
outstanding and unpaid principal balance of this Note at the rate of 8.50% per annum. Interest on the
outstanding balance of this Note shall accrue from n January l_ 1998 and shall be added to the
principal amount on each n Februaa I unless paid. Annual installment payments shall each be in the
amount of n $7_ and such installment payments shall be applied first to interest and then to
reduction of the outstanding principal. Each payment on this Note is payable in any coin or currency
of the United States of America which on the date of such payment is legal tender for public and
private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner
at the postal address within the United States designated from time to time by the Owner.
This Note is subject to prepayment on any Scheduled Payment Date at the option of the
City, in whole or in part, upon payment to the Owner of the principal amount of the Note to be
prepaid, without premium or penalty.
THIS NOTE IS TRANSFERABLE ONLY WITH THE CONSENT OF THE CITY
AND ONLY UPON THE REGISTER OF THE CITY TREASURER, AS REGISTRAR, BY THE
OWNER HEREOF OR BY ITS DULY AUTHORIZED ATTORNEY.
This Note is a special and limited obligation and not a general obligation of the City,
which has been issued by the City pursuant to and in full conformity with the Constitution and laws of
the State of Minnesota, including Minnesota Statutes, Section 469.178, subdivision 4, to aid in
financing a "project", as therein defined, of the City consisting generally of defraying certain costs
incurred and to be incurred by the City within and for the benefit of its Tax Increment Financing
D-1
District No. 3. This Note is issued pursuant to a Development Agreement dated as of
1997 between the City and the Owner (the "Development Agreement").
THE NOTE IS NOT A DEBT OF THE CITY OR THE STATE OF MINNESOTA,
AND NEITHER THE CITY, THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF
SHALL BE LIABLE ON THIS NOTE, NOR SHALL THIS NOTE BE PAYABLE OUT OF ANY
FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENT, AS DEFINED
BELOW.
The principal of and interest on this Note is payable solely from and only to the extent of
Available Tax Increment received by the City as of each Scheduled Payment Date which has not
previously been applied to payment of this Note. For purposes of this Note, the term "Available Tax
Increment" means 30% of all tax increment received in the year preceding a Scheduled Payment Date
with respect to the real property described in Exhibit C of the Development Agreement. Such real
property constitutes a portion of the City's Tax Increment Financing District No. 3.
The City shall pay to the Owner on each Scheduled Payment Date all Available Tax
Increment on that date to the extent necessary to pay principal then due and any past due installment.
To the extent that the City is unable to pay the total principal due on this Note at or prior to the n
February l _ 2004 maturity date hereof as a result of its having received as of such date insufficient
Available Tax Increment, such failure shall not constitute a default under this Note and the City shall
have no further obligation hereon.
If the Development Agreement shall terminate pursuant to the terms thereof, and in
certain other circumstances specified in the Development Agreement, the Available Tax Increment
shall for each year thereafter be deemed to be zero, and this Note shall thereupon be automatically
canceled, without further obligation hereon of the City whatsoever.
This Note shall not be payable from or constitute a charge upon any funds of the City,
and the City shall not be subject to any liability hereon or be deemed to have obligated itself to pay
hereon from any funds except the Available Tax Increment, and then only to the extent and in the
manner herein specified.
The Owner shall never have or be deemed to have the right to compel any exercise of
any taxing power of the City or of any other public body, and neither the City nor any council member,
officer, employee or agent of the City, nor any person executing or registering this Note shall be
personally liable hereon by reason of the issuance or registration hereof or otherwise.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to
be performed precedent to and in the issuance of this Note have been done, have happened, and have
been performed in regular and due form; time, and manner as required by law; and that this Note,
together with all other indebtedness of the City outstanding on the date hereof and on the date of its
actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional
or statutory limitation.
IN WITNESS WHEREOF, the City of Eagan has caused this Note to be executed by
the manual signatures of the Mayor and City Clerk of the City, all as of the day of 1997.
ATTEST:
City Clerk
M1:0237249.01
CITY OF EAGAN
Mayor
10
(Form of Transfer)
For value received, the undersigned Owner does hereby assign and transfer the
foregoing Note to the named Assignee, and the undersigned Treasurer of the City of Eagan, as
registrar, hereby certifies that the foregoing Note has been transferred and registered on the bond
register in the name of such Assignee.
Signature of Date of Transfer
Name of Assignee Signature of Owner Executive Director on Register
EXHIBIT E
ASSESSMENT AGREEMENT
and
ASSESSMENT CERTIFICATION
Between
CITY OF EAGAN
DANIEL P. COMMERS
and
THE COUNTY ASSESSOR OF DAKOTA COUNTY
This instrument was drafted by:
Faegre & Benson LLP (SCR)
2200 Norwest Center
Minneapolis, Minnesota 55402
ASSESSMENT AGREEMENT
and
ASSESSOR'S CERTIFICATION
THIS AGREEMENT, dated this _ day of _, 1997, by and between the City
of Eagan, Minnesota -(the "City"), a public body politic and corporate and Daniel P. Commers (the
"Developer").
WITNESSETH, that
WHEREAS, on or before the date hereof, the City and the Developer have entered into a
Development Agreement (the "Development Agreement") regarding certain real property location in
Development District No. 2 within the City pursuant to which the City and Developer are to or have
acquired certain property, hereinafter referred to as the "Property" and legally described in Exhibit A
hereto and which is to be conveyed to the Developer; and
WHEREAS, it is contemplated that pursuant to said Development Agreement the Developer
will construct certain Improvements upon the Property; and
WHEREAS, the City and Developer agree to establish a minimum market value for said
Property and the Improvements to be constructed thereon, pursuant to Minnesota Statutes, Section
469.177, Subdivision 8; and
WHEREAS, the City and the County Assessor for Dakota County have reviewed the
preliminary plans and specifications for the Improvements to be constructed.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. As of January 2nd, 1999, the minimum market value which shall be assigned for the
Property and the above referenced Improvements to be constructed thereon shall be $
2. In the event that the Property is not, for whatever reason, conveyed to the Developer,
this Agreement shall be null and void. This Agreement shall not be recorded until and unless the
Property is conveyed to the Developer.
3. The minimum market value herein established shall be of no further force and effect and
this Agreement shall terminate on _unless earlier terminated by the City in its
disc
4. This Agreement shall be promptly recorded by the City with the County Recorder
pursuant to and with a copy of Minnesota Statutes, Section 469.177, Subdivision 8. The City shall pay
all costs of recording.
5. Neither the preambles nor provisions of this Agreement are intended to, nor shall they
be construed as, modifying the terms of the Development Agreement between the City and the
Developer.
6. This Agreement shall inure to the benefit of and be binding upon the successors and
assigns of the parties.
7. Each of the parties has authority to enter into this Agreement and to take all actions
required of it, and has taken all actions necessary to authorize the execution and delivery of this
Agreement.
8. In the event any provision of this Agreement will be held invalid and unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other
provision hereof.
9. The parties hereto agree that they will, from time to time, execute, acknowledge and
deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such
further instruments as may reasonably be required for correcting any inadequate or incorrect
description of the Property or the Improvements, or for carrying out the expressed intention of this
Agreement.
10, This Agreement is subordinate to mortgage financing -obtained for -the Improvements to
the extent provided n the Development Agree•• •
IL. Except as provided in Section 8 of this Agreement, this Agreement may not be amended
nor any of its terms modified except by a writing authorized and executed by all parties hereto.
A 12. This Agreement may be simultaneously executed in several counterparts, each of which
will be an original and all of which will constitute but one and the same instrument.
A 11. This Agreement will be governed by and construed in accordance with the laws of the
State of Minnesota.
CITY OF EAGAN
By
Mayor
And
City Clerk
Daniel P. Commers
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of , 1997,
by and ,
of Eagan, Minnesota. respectively the Mayor and City Clerk of the City
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of
by Daniel P. Commers, an individual.
Notary Public
1997,
EXHIBIT A
TO ASSESSMENT AGREEMENT
LEGAL DESCRIPTION OF PROPERTY
That part being of the following described property.
CERTIFICATION BY COUNTY ASSESSOR
The undersigned assessor, being legally responsible for the assessment of the property
described in Exhibit A to the Assessment Agreement, certifies that the market values assigned in the
Assessment Agreement to the land and improvements are reasonable.
Dakota County Assessor
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of
MI:0237249.03
the County Assessor of Dakota County.
a e6
Notary Public
1997, by
Agenda Information Memo
(Date) Eagan City Council Meeting
E. JOINT POWERS AGREEMENT, DAKOTA COUNTY HRA,, NORTHEAST
EAGAN REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT
ACQUISITION AND RELOCATION SERVICES
ACTION TO BE CONSIDERED:
To approve or deny a joint powers agreement with the Dakota County HRA to provide
acquisition and relocation services as necessary for the Northeast Eagan redevelopment
financing district.
FACTS:
• At the present time, the tax increment financing development agreement provides an
alternative for the acquisition of homes along Lone Oak Road by Roseville Properties
for the City of Eagan. If it is necessary for any portion of the acquisition or relocation
to be done by the City, staff is negotiating an agreement with the Dakota County
Housing & Redevelopment Authority to provide such services.
• The HRA has experience throughout the County and in other communities with such
redevelopment activity. The agreement contemplates services being provided on an
as -needed, hourly basis with a not -to -exceed amount estimated on the basis of the
HRA providing all acquisition and relocation services in this regard.
• To the extent that the developer moves forward with acquisition of some or all of the
properties, the scope of the City's agreement with the HRA will be reduced.
ATTACHMENTS:
• Joint powers agreement on page. �# through 210
a��
AGREEMENT
THIS AGREEMENT, entered into this day of April, 1997, by and between the City of
Eagan (hereinafter referred to as the "City") and the Dakota County Housing & Redevelopment
Authority (hereinafter referred to as the "Contractor")
WHEREAS, the City is undertaking a project involving the acquisition of certain parcels of real
property and subsequent relocation of the occupants thereof, and
WHEREAS, the City desires to obtain professional services to assist it in carrying out this
acquisition and relocation in accordance with applicable State and Federal laws; and
WHEREAS, the Contractor has qualified personnel available to provide these services:
NOW, THEREFORE, the parties do mutually agree as follows:
I. Contract Terms:
A. The Contractor listed is an independent contractor and not an employee of the
City.
B. The Contractor acknowledges that the City does not carry insurance on behalf of
the Contractor. The Contractor must provide proof of liability insurance.
C. The Contractor will provide its own medical insurance and Long Term Disability
insurance. The Contractor will provide workers' compensation for its employees
in accordance with state law.
D. No benefits will be provided to the Contractor and no reimbursements will be
made for expenses incurred by the Contractor or its employees, other than as
specified herein.
E. Payments will be made for services provided as described in Section III.
A. Compensation and B. Method of Payment below.
F. This contract may be terminated at any time by a fourteen day written notice by
either the City of the Contractor. Payments for services rendered but not yet
invoiced would be made as of the termination date..
II. Scope of Work
A. Acquisition Services. This shall consist of professional services to
complete the acquisition of real property in accordance with State and
Federal law. Among the services to be provided shall be:
1) Procurement/Coordination of procurement of an appraisal for each
property to be acquired, and ensuring that the appraisal meets
professional standards.
2) Preparation of an Offer to Purchase and presentation of the offer to
the property owner.
3) Advising the property owner of their rights and responsibilities in a
transaction with a governmental body.
4) Negotiation of the fair market value of the property to be acquired
and the terms of sale with the property owner.
5) Advising the City regarding an acceptable fair market value for the
property to be acquired.
6) Obtaining necessary title information and arranging for closing on
acquisition of the property.
7) Procurement/Coordination of procurement of surveys,
environmental analyses, or other professional services necessary for
the property transfer.
8) Preparation and maintenance of all necessary documentation
regarding the property transaction.
9) Coordination with City staff, contractors, and other governmental
bodies as necessary to accomplish the overall objectives of the
acquisition project.
B. Relocation Services This shall consist of services to accomplish the relocation of
owner occupants and/or tenants of acquired property in accordance with State and
Federal laws.
These services shall include:
1) Preparation and delivery of all necessary notices and information to
be provided to persons to be relocated.
2) Interviews with persons to be relocated to obtain and disseminate
necessary information for completion of the relocation.
3) Research, identification, and inspection of comparable replacement
housing for persons to be relocated.
4) Advising and assisting persons to be relocated in locating and
selecting replacement housing.
5) Determination of the amount of and preparation of claims for
relocation benefits, including replacement housing benefits, moving
allowances, and incidental expense reimbursement for persons to be
relocated, and recommendations to the City regarding payment of
these benefits.
6) Preparation and maintenance of necessary documentation regarding
each relocation claim processed.
C. Standards The standards to be followed in carrying out the acquisition and
relocation services outlined above shall be those set forth in 49 CFR Part 24, the
Uniform Relocation Assistance and Real Property Acquisition Regulations for
Federally Assisted Programs (the Uniform Act), HUD Handbook 1378 and related
Notices, and Minnesota Statutes Chapter 117.50 - 117.55.
D. Time of Performance The services of the Contractor are to commence on April
16, 1997 and shall be undertaken and completed in such sequence as to assure
their expeditious completion to accomplish the purpose of this contract. The
contract shall terminate on September 1, 1997. Extension of the time of
performance may be made upon written agreement of both parties.
M. Cost of Services
A. Compensation. Compensation shall be based on an hourly rate of Forty and No
One Hundreds ($40.00) Dollars per Hour, plus reimbursement for mileage driven
in carrying out the services at a rate of $.315 per mile driven. Total compensation
paid to the Contractor under this Agreement shall not exceed Seven Thousand,
Five Hundred, and No One Hundred Dollars ($7,500.00).
B. Method of Payment. It is expressly understood and agreed that in no event will
the total compensation and reimbursement, if any, to be paid hereunder exceed the
maximum sum of $7,500.00 for all of the services required. The City will make
payments to the Contractor no more frequently than once monthly based on
invoices received and services performed; authorized payments will be
made within 30 days of receipt of invoice.
C. Other Costs. The City shall pay directly the costs of any other professional
services deemed necessary by both parties to this agreement to accomplish the
scope of services described herein. Such costs might include, but not be limited to,
appraisal fees, legal fees, survey fees, costs of title opinions, and closing costs.
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement as of the
date first above written.
City of Eagan
�0
Its:
Dakota County Housing and
Redevelopment Authority
Mark S. Ulfers
Its: Executive Director
Agenda Information Memo
April 15,1997 Eagan City Council Meeting
F. CONSIDERATION OF ORDINANCE NO. 205 - OFF-STREET PARKING
& OUTDOOR STORAGE AS CONDITIONAL USE
ACTION TO BE CONSIDERED:
To provide direction to City staff regarding consideration of amendments to Ordinance No. 205.
FACTS:
• The impetus behind amending the City Code by adopting Ordinance No. 205 to allow
off-street parking and/or outdoor storage as a Conditional Use was provided simply to
benefit businesses in Eagan who, due to their success, needed room to expand but did not
have the capability to do so on their existing property.
• The ordinance provides the opportunity to request a Conditional Use Permit for the
purpose of allowing off-street parking and/or outdoor storage as a principal use on a
parcel of land which was not allowed under any zoning district in the City prior to this
time.
• The ordinance specifically states that off-street parking and/or outdoor storage as a
principal use can be allowed by Conditional Use Permit provided the activity is accessory
or servient to a dominant parcel on which a principal use is located subject to
performance standards.
+ To date, the City has received three Conditional Use Permit applications for this type of
permit, two of which were approved by the City Council: 1) Transport America
Corporation on October 2, 1995 allowing driver parking on a parcel of land located
across Terminal Drive from their main headquarters; and 2) Lifetime Fitness received
Conditional Use Permit approval on October 1, 1996 to allow additional parking across
Thomas Lake Road from the fitness club. The third request was that of Citi -Cargo which
was denied by the City Council in September 1996.
BACKGROUND/ATTACHMENTS: (3)
Minutes from the 9/26/95 APC meeting, page
Minutes from the 10/2/95 Ci Council meeting, pages through.Z��
Ordinance No. 205, page �'aF througt47
.
C2 (
EAWN CrtY COUNCIL MINUTES; OCTOBER 2, isiE5
PAGE B
l-:::.:
O ti'�:3
AMENDMENT TO ZONING CODE, CHAPTER 11, REGARDING OFF-STREET PARKING AND LOADING
Community Development Director Reichert gave a staff report, giving the reasons for ganging the
ordinance, and noting that this ordinance Is Intended to make things less restrictive for businesses. He noted
that the Planning Commission recommended a minor wAslon to the clause relating to terminatkm.
Counclimember Masin asked how much Input there has been from the Chamber of Commerce and businesses.
Community Development Director Reichert noted that It was noticed In the paper, and she has not had any
response. She noted that this change was In response to the needs of a couple of businesses.
Councilmember Hunter asked whether More was any Input from the Small Business Association, and
Community Development Director Reichert noted that they were provided a copy of the ordinance, but she
hasn't heard anything from them.
Phyllis Rau, representing the Small Business Association, noted that they feel the ordinance Is very well
put together, and complements the business' growth. They were hoping to have more discussions before the
ordinance came to the Planning Commission. Community Development Director Reichert responded that It
would be great If the Small Business Association wanted to distribute a copy of this ordinance to their members
and do a write up in their newsletter. She noted that staff meets with many people every week who are wanting
to build, develop or expand In Eagan, and they do a lot of problem solving. If there Isn't a solution, they try
to find one, which Is why this ordinance came about. Counclimember Hunter added that the reason why they
don't call a lot of meetings to review ordinances like this is because these companies need to move forward,
and it wouldn't facilitate development to hold up their.projects. If the ordinance is straightforward, it makes
more sense to move ahead to .have a positive effect on development. Ms. Rau noted that she feels it Is
Important to get input from both the Chamber of Commerce and Small Business Association, and Indicated they
would be willing to distribute the ordinance to their members.
Wachter moved, Egan seconded a motion to approve the amendment to Chapter 11, Section 11.10,
General Provisions, with the modification to C2, Termination as presented. Aye: 4 Nay: 0
Wachter moved, Masin seconded a motion to approve the amendment to Chapter 11, Section 1120,
Use Districts. Aye: 4 Nay. 0
Councifinember Masin suggested that a letter be drafted to the Chamber of Commerce and Small
Business Association whenever there is a proposal that affects businesses, as well as whenever a proposal Is
adopted. Mayor Egan indicated that he feels there needs to be a reasonable definition of when a letter would
be sent. Councilmember Wachter noted that when the city publishes agendas, that is the mechanism that has
been used to notify the public. If the city sends letters to that group, they will have to do It for everyone. After
some discussion, Community Development Director Reichert suggested that perttiaps it would make more sense
to send them agendas for the Planning Commission and City Council, rather than trying to decide when a letter
needs to be sent, .and they can call for further Irdormation on whatever they have an interest in.
Councilmembem concurred.
M
((7
NMVT=S OF A REGULAR MEETING OF THE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
SEPTEMBER 26, 1995
NEW BUSINESS
OR-DIlMEEikNMNDNH N'F�VC-FI Y=OFRAAGAN
Vice Chair Wallace opened the first public hearing of the evening regarding an
Ordinance Amendment to pter5.1-P entitled "b=&--Use%Reguiations (Zoning)" by
amending Section 11.20 to provide for off-street parking as a Conditional Use within the
Limited Business, Neighborhood Business, General Business, Commercial Shopping
Center, Regional Shopping Center, Roadside Business. Limited Industrial and General
Industrial zoning districts.
Community Development Director Reichert introduced this item. Ms. Reichert
highlighted the information presented in the City staffs memorandum dated September
21, 1995. Ms. Reichert noted that the City Zoning Code currently permits off-street
opo
Page
September 26. 1995
ADVISORY PLANNING CON IISSION
parking as an accessory use to a principal use, both of which would be located on the
same site. Ms. Reichert stated that Eagan businesses with significant growth may need
alternative expansion options with respect to parking and storage. Ms. Reichert concluded
that the proposed ordinance amendment would permit the use of a site for off-street
parking and/or storage area as a principal use to serve a principal use on a separate site
within 660 feet of a proposed off-street parking or storage area.
Member Heyl stated that the proposed ordinance amendment is a good idea to
address the needs for expansion as a result of the Eagan business growth. Member Heyl,
however, suggested that in determining whether a conditional use should be granted, the
issue of the walking distance from the off-street parking area to the principle use should
be considered due to the safety issue and the volume of pedestrian traffic on the roadway
as a result of having to walk from the parking area to the principal use. City Attorney
Dougherty noted that in granting a conditional use permit the Council may make as a
condition of the permit the requirement to construct a pathway or traiiway between the
two sites. Member Segal stated that he supports the ordinance with respect to allowing
the off-street parking to serve a business, but did not support the ordinance with respect
to permitting outdoor storage has a principal use on a site. Member Segal inquired with
staff as to the purpose of including outdoor storage in the ordinance amendment to which
Ms. Reichert advised that under the City Code the parking off trucks and trailers fall
within the definition of outdoor storage and thus the inclusion of outdoor storage in this
ordinance amendment would permit trucking businesses to park their trucks and trailers
on a separate site. Community Development Director Reichert further noted that under
the proposed ordinance the outdoor storage is permissible, not of right and therefore if the
proposed item to be stored is not compatible with the surrounding area then the City
Council has the right to deny a conditional use permit under the ordinance amendment.
Member Carlson inquired with staff as to whether the ordinance would permit
the conditional use permit holder to lease out a portion of the off-street parking lot to
another user. Member. Carlson further stated that she wants the conditional use permit to
be permissible only to Eagan businesses. Member Wallace responded that the restriction
that the parking area be within 660 feet from the principal use to which the parking would
serve would prohibit any other businesses from using that lot. Ms. Reichert added that a
site with a principal use, however, could have three businesses and technically the
parking area could serve all three businesses. Ms. Reichert added, however, that the
conditional use permit would be applicable only to the related principal use of the permit
applicant. Member Carlson further expressed concern that the 660 -foot condition is too
restrictive and inquired whether the City could give a variance to that condition. Nfs.
Reichert responded that the City would have the authority to grant a variance or in the
alternative amend the ordinance in the future if the City determines that the 660 -foot
measurement is not practical or feasible. Member Wallace added that the ordinance needs
Page 3
September 26, 1995
ADVISORY PLANNING CONMISSION
to use a set standard or condition to the reasonableness of the Council's action on granting
or denying the conditional use permit.
Member Burdorf stated that the proposed ordinance addresses the
problems currently existing for local businesses and it will foster growth in the area.
Member Segal inquired with staff that if the off-street parking area under this proposed
ordinance was used to fulfill its parking requirements for development on the site on
which the principle use (business is located), then can the City prohibit development on
the site which the off-street parking is located to assure that the principal uses' parking
requirement continue to be met. City Attorney Dougherty stated that the ordinance
provides that the conditional use permit would be terminated upon any development on
the parking site and that a new conditional use permit can be sought if the development
on the parking site can serve its parking requirements and have room for the parking
under the permit. Member Segal emphasized that if the use of the second lot is to meet
the parking requirements for the first principal lot then there can not be any
development on the parking lot site if it will remove the permit holders parking. Ms.
Reichert concurred with Member Segal. Member Segal concluded that he would vote
against the ordinance because of the outdoor storage provision, characterizing it as a
blanket provision for allowing outdoor storage. Attorney Dougherty stated that in any
event outdoor storage is a conditional use permit under the Code now and that the
definition under the proposed ordinance amendment can be narrowed as to what would
be allowed to be stored.
Member Heyl moved, Member Carlson seconded, a motion to recommend
approval of an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations
(Zoning)" by amending Section 11.10 to provide for off-street parking as a Conditional
Use.
All approved in favor except Member Segal opposed.
Member Heyl moved, Member Burdorf seconded, an Ordinance Amendment to
Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.20 to
provide for off-street parking as a Conditional Use within the Limited Business,
Neighborhood Business, General Business, Commercial Shopping Center, Regional
Shopping Center, Roadside Business. Limited Industrial and General Industrial zoning
districts.
All approved in favor except Member Segal opposed for the same reasons of his
objection to the outdoor storage provision.
MDNANCE NO. s _2ND SSS
• AN ORDINANCE OF TRE CITY OF EAGAN, M>NNFSOTA, AMENDING FAGAN
r CITY CODE CHAP'T'ER ELEVEN EnTnM "LAND USE REGULATIONS CLOMNG "
BY AMI:.." SIDING SECTION 11.10 REGARDEET IlVG OFF-S?RPARKING; AND BY
ADOPTING BY AGE EAGAN CITY CODE CRAFTER 1 AND SECTION 11.99.
The C by CO=il of the City of EM= don and in.
Section 1. Fagan City CodeChIPterEleven is hazby amended by adding 11.10, Subd 12.1
m read as follows: ,
Subd.12-I.Off-Street Paridag and Outdoor Storage As Conditional Use.
AA Scope of Application. For pmposes of this subdivision wb, off.
st'"et- 4 parking and outdoor storage shall mean such activity as a principal use on
a parcel of lead which SW be deemed swAant to a dominant parccl on which
a principal use is locsted and saved by the off -sweet parking or outdoor storage
eel the sa viant parcel.
B. Conditional Use Permit .Application. All a plication for a
eanditiomai use permit for off-street parsing .wad outdoor storage &all include a
dcmiled, to -scale s�aa sp
plecrf*g the dimen =s, loom, desigand
oomplisace with the pafaamance s=dards set forth herein.
C. Performance Standards, Termination jLnd Non Compliance.
1. Standards. No off-street parking or caubor
described in Subparagraph A, shall be permitted =less the following
ooaditiams at met, in addition to those standards set forth in Subd 4 of Section
11.40:
a+ The domiw= parcel, which shall be Unped by the
off-street parking or outdoor storage on the AM -'i=. cann
PQM: USC
pby� ►
the or aaceage needs of the paincspa% ase on the d
b. The parcel cm which the ofi'.=M pig at mom
Starve is located and the domin perrtl which the o-grW pig or mor
• Amne aerm &0 be vdft the same zaaiag districts, provided in R-4 distriM the
smvi=t parcel shall be within a R-4 district, Emoted Business "LB" Neighborhood
Business "NB", General Business *GB", Community Shopping Crater "CSC"
( Regional Shopping Center "RCS", "RB" Access Use, Limited Industrial "M Geral
dial "1-2"1 surd opment District vR-D". •en
a �
R
T.
C. The savi= parcel on which the off-street pslemg
Of antdoor sxage am is located is a reasanable distance not to exceed 660
feet at the closest point from the lot line of the donziasa� lot to be saved by the
off�rrt padders or outd= BWTMC WTA;
d The off-street parking noon shall meet she
r quartS net forth in Section 11.10, Subd.12, isatin;.
e. The catcher apt rage arta shall neer the
nQim'®mts set forth in Section 11.10, Subd. 29 (cXIj except :hose
P �QCs Borg building or height restrictions.
2. Termination. Any conditional use permit issued under
$is Subdivision or nary night to obtain a conditional use permit under this
Subdivision shall tambxt upon the development of the saviaat lot on which
the off-street parking or va:tdoor storage arra is located or upon the termination
Of the principal use located on the dominant parcel to which the off-street
pariaag or outdoor storage sora serves, whichever occurs fast.
I NOD -Compliancy Fail= to carapiy with imy of the
standards or conditions set forth herein or in the conditional use permit, or may
other violation of City Cade provisions, shall constitute sufficient mouse for the
trmination of the conditional use permit by this Council following a public
bearing.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code including ?malty for Yolationm and Section 11.99,
artided "Violation a Misdemeanor" are hereby adopted in their ca&*, by nfct+cace as
though mpeated vabatim
Section 3. Effective Date. This ardfimmce shall take effect Span its adoption and publication '
arxordiag to Lm,.
ATTEST:
CITY OF EAGAN
By: ,
Its:
date Ordiausnce Adopted: October 2, 1995
Diu Ordinsnce Published inthe Legal Newspaper. October 22, 1995
Dame ofAdvisory Plaanin4g Commission Hec
Se t onto r 2b , 1995
LG240B
(Rev.,/211g3) Minnesota Lawful Gambling
Application for Authorization to Conduct Excluded Bingo
Part 1 of 2
(If your organization has been licensed or exempted in the
current calendar year, you are not eligible to apply for excluded bingo)
Fill in the unshaded areas of this application and send it to the
Gambling Control Board at least 30 days prior to the activity.
................................. ............... ........... I ............ I............
l�t`g�f.T�if t�o#t �'��tttiEtlt7i�lk
City State Zip code
X50 ►-SNS W ltd im N 56- 33 7
Type of nonprofit organization (check one):
❑ Fraternal ❑ Veteran
❑ Religious Other nonprofit organization
i ype of proot of nonpront status attacnea (cnecK one):
❑ Certificate of Good Standing - Minnesota Secretary of State's Office
❑ Internal Revenue Service
❑ Affiliate of Parent nonprofit organization (charter) to c A -QE 1,10 yoo z gEco2,05 Xlq oS6 43-ej
...................................................................................................................................................
Has your organization held a bingo event in the current calendar year? No Yes ❑
If yes, list the dates that bingo was conducted
Check one:
El The bingo event will be one of four or fewer bingo events your organization will hold this year.
Date(s) of bingo event:
❑ The bingo event will be conducted (up to 12 consecutive days) in connection with a:
County Fair - Date(s) of bingo event
_ State Fair - Date(s) of bingo event
uric Celebratbn - Date(s) of bingo event �) s � + _ � S _ _ 1 q q •,
City OR County md Township
% %F1.1 i`� 10 N E <✓ �T F} D A-tc-a T A -
(Be sure to complete Part 2)
While • Original
Yellow - Board
LG240B
caev. (+nvea) Minnesota Lawful Gambling
Application for Authorization to Conduct Excluded Bingo
VA,L-L-I;)(V 1 1FLUI-EP-C, Part 2 of 2
Organization Nam
VAL-L-tFY V OFw I:rs 01 -Li. a
Siptr:oratr
The information provided in this application is complete and accurate to the best of my knowledge.
Chief ecutive Officer's signature Name (please print) Date
1 Ja' I? E itr c
�J'iI�I'�T!� t�`tlnY*iF /1#/'t_K�i�a�irw�.ts�►±F.�,�w1;+.►.wri�ixri��r,.,.�x.a:.�...�_�; :.,�Ii.�.:. ,r
• The city must sign this- application H the gambling premises is located within city limits.
• The county AND township must sign this application 0 the gambling premises is located within a township.
• If this application is denied by the local unit of government, it should not be submitted to the Gambling Control
Board.
Township: A township has no statutory authority to approve or deny an application (Minn. Stat. 349.213,
Subd. 2).
Name of City OR County
F;- c6 A--0
Name of Township
t3y signature ueiow, me iocai unit of government hereby By signature below, the township ac o
approves this application for excluded bingo activity at that the organization is applying for excluded
the premises located within their jurisdiction. bingo activity within the township limits.
Sigrre of person approving application for local unit
of government. (Sign above)
r vale riecei
Signature of person acknowledging application for
for township. (Sign above)
Township is: Organized ❑
Unorganized ❑ \ Attach letter
Unincorporated n./,
if ..:.. <' Gairtrn6tu a:` n rFa Ali ikr1:
A.cknowlei:t ed .:.: �: `
Send the completed registration form with your organization's proof of nonprofit status to.
Gambling Control Board
1711 W. County Road B, Suite 300 South white- original
Roseville, MN 55113 Yellow - Board
........ ..... ........ ......... ...........
This form will be made available in alternative ttbt)5r_ QNL�f
format (i.e. large print, braille) upon requests., �T