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12/16/1996 - City Council RegularAGENDA RAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 16, 1996 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) A. RECOGNIZE the retirement of five firefighters in 1996 B. FIRE PREVENTION poster contest winners G C. INFORMATION regarding MVTA/Beverly Miller, Executive Director FV. CONSENT AGENDA (PINK) f� , 7 A. PERSONNEL ITEMS ! B. APPROVAL of 1997 Special Revenue Fund Budgets, including the Housing Revenue �•� Bond Fund, the Police Forfeiture Fund, the Housing and Redevelopment Authority Fund, the Recycling Fund, the Economic Recovery Grant Fund, the Cedarvale Special Services Fund, and the Cable TV Franchise Fees Fund • 2� C. 1997 LICENSE RENEWALS for refuse haulers, tobacco/ cigarette sales, tree ^ contractors, stable license - Diamond T Ranch, d D. HAULER LICENSE for construction/debris for Tennis Roll -off L.L.P., G. Logan & Sons Hauling and Willies Dumpster 3 O E. APPROVAL of Amendments to the Suburban Transit Authority Joint Powers �. Agreement a.,F. APPROVE 1997 Fee Schedule, Municipal Engineering Firms q a G. CONTRACT 94-Q, Acknowledge completion/authorize City maintenance (Cliff Lake ! • 1 Townhomes - Utilities) PH. CONTRACT 95-Q, Acknowledge completion/authorize City maintenance (Cliff Lake ' Townhomes 2nd - Utilities) s0 I. CONTRACT 95-S, Acknowledge completion/authorize City maintenance (Blackhawk P• Forrest - Streets & Utilities) J. CONTRACT 95 -AAA, Acknowledge completion/authorize City maintenance (Preusse P• Add. - Utilities) $� K. CONTRACT 96-F, Acknowledge completion/authorize City maintenance (Rahn Ridge 2nd - Utilities) L. CONTACT 96-20, Receive bids/award contract (Yankee Doodle -Rd. and Promenade area - Street & Pedestrian Lighting) • �8 M. CONTRACT 97-04, Approve consultant and authorize detail plans and specifications(Cliff Rd. Water Treatment Facility - Standby Generator) S / N. APPROVE Multi -City Joint Powers Agreement (Traffic Marking, Sealcoat, etc.) 1 &00 FINAL SUBDIVISION, Hilla, Inc. - Whispering Woods Eleventh Addition +�T e,2 -p- RECOMMENDATION, Airport Relations Commission, 1997 Legislative Agenda 11/SQ. APPROVE Amendment to Exchange Agreement - Gopher Resources " !?R. APPROVE Amendments to MVTA Joint Powers Agreement S. AUTHORIZATION to proceed with land acquisition for Fire Station No. 6 p(T. CONTRACT 93-M, Acknowledge completion/authorize City maintenance (Autumn �.l Ridge 3rd - Streets & Utilities) PU. CONTACT 92 -VV, Acknowledge completion/authorize City maintenance (Hawthorne Woods 2nd - Streets & Utilities) V. SETTLEMENT AGREEMENT for Caponi Assessment/Project 607 VI. 7:00 - PUBLIC HEARINGS (SALMON) A. MULTI -FAMILY Housing Revenue Refunding Bonds - Woodridge Apartment Project II. OLD BUSINESS (ORCHID) qy A. CERTIFICATION of 1997 Property Tax Levy, including City, Transit and Special Services District n•tbo B. APPROVAL of 1997 General Fund Budget, 1.997 Enterprise Fund Budgets including I� Water, Sanitary Sewer, Streetlighting, Storm Drainage/Water Quality and u Civic Arena •�b� C. APPROVAL of 1997-2001 Capital Improvement Program, including Part I (General ` Government Facilities), Part II (Vehicles and Equipment) and Part III (Infrastructure) excluding Parks I�� P D. PROJECT 636R, Final assessment roll (Poppler Lane - Street Imp.) .140. PLANNED DEVELOPMENT AMENDMENT/Pylon sign - CSM Corporation VIII. NEW BUSINESS (TAN) F, (5G A. $2,925,000 VARIABLE RATE Demand Commercial Development Revenue Refunding ISBonds, Series 1996 - Yankee Square Inn Limited Partnership Project �•I 1B BURNSVILLE/EAGAN Cable Communications Commission 1997 Budget �q C. RECOMMENDATION, Airport Relations Commission, contract prohibiting construction of north parallel runway D. PRELIMINARY PLANNED DEVELOPMENT - Gopher Resource Corporation, to allow a post -consumer industrial plastic recycling plant on 13 acres and a 0' PRELIMINARY SUBDIVISION (Gopher Eagan Industrial Park Third Addition) consisting of one lot and two outlots on 74.5 acres located north of the existing Gopher Resource facility, west of TH 149 and of the Canadian Pacific Rail System line, and east of Mike Collins Drive in the SW 1/4 of Section 12 J% E. COMPREHENSIVE GUIDE PLAN AMENDMENT - AMS Properties, to change the use of �• approximately 12.7 acres from CSC (Community Shopping Center) to D -III Residential (6-12 units/acre) and 4.3 acres from D -I Residential (0-3 units/acre) to D -III Residential (6-12 units/acre) located at 3960-78 Beau - D -Rue Drive in the NE 1/4 of Section 19 F. COMPREHENSIVE GUIDE PLAN AMENDMENT - Philip Larson, changing the land use PIIA3 of 2.42 acres from D-1 Single Family (0-3 units/acre) to NB Neighborhood Business located on the southwest corner of Dodd Road and Cliff Road in the NW 1/4 of Section 36 /0G. REZONING - D.R. Horton, Inc., of Outlots C and D of Bridle Ridge 2nd �-( Addition consisting of 1.5 acres from PD (Planned Development) to R-1 (Single Family) and a PRELIMINARY SUBDIVISION (Gardenwood Ponds 3rd Addition) consisting of approximately 18.56 acres and 15 single family lots located north of Northview Park Road, west of Trotters Ridge and southwest of Bald Lake in the NE 1/4 of Section 23 H. ADOPT COMPREHENSIVE GUIDE PLAN MAP - City of Eagan, Adoption of the revised n t! Comprehensive Guide Plan Map including changes approved by the City Council since the last map publication dated March, 1993, administrative changes and corrections of errors in the previously published map IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL .Pagan, Minnesota ...December 4, 1996 A regular meeting of the Eagan fvi€y; i5l i3Gti 5 fi i# on Wednesday, December 4, 1996 at 6:30 p.m. at the Eagan Municipal Center. 'Presenf`were'Mayor'Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present•were Ci1%r:*'*' ministrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, Finance Dit�tor Gene VanOverbeke, and City Attorney Jim Sheldon. City Administrator Hedges noted -there would be one additional item to be considered under Department Head Business. Mayor Ea'a�rji noted the. Council would have an Executive Session following the regular City Council meeting. Councilmember Wachter movecf:'Councilriie't'nber Masin seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmember Hunter requested that on page 11, in the last paragraph, the second sentence should read, "He further said similarities can be drawn in regard to the Carriage Hills situation except that the Carriage Hills situation was not as controversial." He.�ft?rther requested on page 12, in the first paragraph, the fifth sentence should read, "He noted ..that:irj::S#night zoning, if the developer meets all the terms and conditions of the City Code, they build what they propose." He also noted that the word school should be added before::t.ji~;wze,cf-bond fiR:the eighth sentence. He said the last sentence in the same paragraph should read, "Fla' stated that t4Council has the reasons to deny this request because they are asking for a Planned Develpierat;»!hich would require variances in straight zoning." Councilmember Awada moved, minutes as amended. Aye: 5 Nay: 0 seconded a motion to approve the Councilmember Wachter requested that on page two, in the first paragraph, the fifth sentence should read, "City Councilmember Wach.I& j«d a que fi: as to whether it would have actually been better to have held the election on an adcfye�r''ra�e,:titi+i a>+i' even year." He also requested that in the middle of the third paragraph the senter :�eginnic19vith Commission should read, "Commission Member Lewis stated that she would like the City ;Council to .et least reconsider a future bond referendum for open space." Councilmember Wachter move minutes as amended. Aye: 5 Nay: 0 seconded a motion to approve the Councilmember Hunter moved, Courri(arile(;Asin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 2 CONTINGENC�N : # OGRAM SITES City Administrator Hedges gave stn overview on this item and stated the problem faced by the APRNRC and the Park Director is the ina(iility to hire adequate personnel to staff the warming shelters due to the fact that many local businesses ' pay higher wages and offer more permanent employment opportunities. He mentioned the options available to remedy the problem. Councilmember Wachter asked how many outdoor rinks are still maintained. Director of Parks and Recreation Vraa stated that the same sites are maintained as have been maintained during the past two years. He said they are anticipating that the Hockey Association will request as ffttt?eh ice time as they had last year, if not more. Councilmember Wachter said he is in favor of keeping:i3f the si4ass:;open rather than having the youth utilize lakes for skating purposes. He added that the Ci�:i: hould rx Whtain the ice and, if personnel is not available to staff the warming houses, either utilize voluitt�ers or W: open the warming houses. Councilmember Masin asked if it would be possible for individuals to.staff file warming houses while their children were skating. Vraa said that would not be possible becis:tli;s need to be conducted on volunteers to ensure the safety of the youth they com�'in darn"fal' il6itii Councilmember Masin moved, Councilmember Wachter seconded a motion to support the Advisory Parks, Recreation and Natural Resources Commission's recommendation for contingency closure plan for winter warming shelters if there is a shortage of staff. Aye: 5 .,Nay: 0 CLARIFICATION OF STATUS WITH.METOtOOLITAN AIRPORTS COMMISSION City Administrator Hedges gav0:4r'0"verview oft'-. his item. He stated that the MAC was directed by statute to negotiate contracts with eact.:aftrftd city''providing that the MAC may not construct a third parallel runway at the MSP Airport without tfie-affec:itlas'. approval. He further stated that Assistant to City Administrator Hohenstein has been actively moditaira3f:airport issues with the MAC. He said that the City had not been included in the contract negotiations 'until Monday when the Mayor received a fax from the MAC indicating that the City of Eagan should be a part of the negotiations as defined in the legislation. He added that this late notification places the City in a tight timeframe to respond by January 1, 1997, which is the statutory deadline. He further added that he sent a letter stating the City is concerned about the late notification and he stated that the Council may want to consider some additional time to allow the process to continue. He asked for directioVjrom the .QoVricil on how they want staff to proceed. Mayor Egan stated they were 0e'aaed wiffi`t#[ process that lead to the plan which was presented by the Mitigation Committee to the MAG:16oard. fW'asked how the City could have been overlooked in regard to the third parallel negotiations;:.':.Assistan :.*. City Administrator Hohenstein said that the actions of the Mitigation Committee and this actMi y, are J..6te:..lye,egpiained that the legislation states any cities Who would be in the 60 DNL contour, if:p::rtoi#tf: f:cUr�i `y:were built, would be an affected city under this statute and the MAC would be required to negotiate a contract that would prohibit the construction of that parallel. He explained why the City of Eagan was designated as ap affected city and how this was overlooked by the MAC staff until last week. He requested the Council provide direction to pursue a delay either through an agreement with the MAC, special legislation or some court proceeding. Councilmember Hunter asked what:iilictis?iia:would be if the contract is not entered into by January 1 as a result of the corporation.:.iitilii 6 to act in'gQgct.;faith. Hohenstein stated that failing to look closely enough at the map to identify tl t4ifected parties could arguably be a serious mistake, if not bad faith. He further stated that the consequ.ence would be what is•set forth in the statute, if bad faith is proven, or possibly some sort of compensation.:, added that ba0.f0i# :would need to be proven and, at this point, EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 3 it is likely that all that could be proven is;�.Oistake. City Attorney Sheldon stated that they have not had an opportunity to research whether or not thii City can stipulate with the MAC an extension of the timeframe but said he would get an answer for the Cgpncil.. Councilmember Awada asked what* *W► Iiittl-'hXX0* 6 1fVi ie'City cannot get an extension, since there is not enough time to get special legislaf - by January 1 or a court order. Hohenstein stated that staff is requesting the Council allow them to findtyt what mechanisms for delay would be appropriate. He noted that the Airport Relations Commission will be briefed at their next meeting and there may be an outline ready to present to the Council at their next meeting. Mayor Egan stated that the City's interests appear to be quite common with the City of Mendota Heights and since they are further along:iK:the process, it would make sense to analyze whether or not it would be appropriate to join with them irk �leir posifian. Hohenstein said the one significant difference is that Mendota Heights is proposing to :offer the *A;�C full support of the north/south runway with no conditions, which has not been supporQ:- - the Eag"'n City Council before. He said that a couple of main issues with other cities have been that.,the.i$:want.as. long. a term as possible and also third party beneficiaries. Councilmember Masin moved, Councilmember Hunter seconded a motion to direct the City Attorney and staff to pursue a mechanism for a delay in the contract for the north parallel runway that is entered into by January 1, 1997. Aye: 5 Nay: 0 In regard to Item F, Confirmatigp-xiVFi:• ing5 tif::j=act. Conclusions & Resolution of Denial Pette Homes (Rolling Oaks). Councilmember } tifirr asked if "n six should be deleted from the fourth page of the findings since nothing additional was Iistetdt:::Gity.Attomey Sheldon said that the additional findings, as referenced on page three as items j and k, should:0e:.iitiptlsde0 under the additional conclusions on page four of the findings. In regard to Item P, Contract 97-03. Approve plans & specs/authorize ad for bids (Cliff Rd Reservoir - Dish), Councilmember Wachter asked if there would be any -financial advantage to sell the metal which the tank is constructed of. Director of Public Works Colbert said that the bid package is being put together such that the contractor will be given a sufficient length of time to find a prospective buyer for the tank. In regard to Item U, Project E Councilmember Hunter asked for cladfi and Mary Roe are listed as responde means that the action is over and Cann unnamed or unknown property owners i with Prejudice meant and why John Doe Ion stated that Stipulation with Prejudice and John Doe and Mary Roe refer to any Item 1. It was recommended to accept the letter of resignation from Lynn Lipinski, a Dispatcher in the Police Department. Item 2. It was recommended to approv�o i hiring of Mirk:l .ughn as the Civic Arena Manager. Item 3. It was recommended to approvOlhe hiring of Susan NUwks-Kerst as the seasonal part-time Skating School Coordinator for the Civic Arena::::::: EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 4 B. Final Subdivision - City Wide Develop, Inc. - Eagan Oaks 2nd Addition It was recommended to approve a final subdivision for Eagan 0' i 2nd Addition consisting of 38 lots on 8.1 acres located in the SW comer of the intersection of Elrene toad and Yankee Doodle Road in the NE 1/4 of Section 14. C. Joint Powers Agreement for the South�clleft—:briic :,T-anti::F&ce It was recommended to approve the 1997 Joint Powers Agreement for.the Sggt) Metro Drug Task Force, as presented. D. Hauler License for construction/demdii'tion debris - Waste Management - Savage and Walter's Rubbish Jar. It was recommended to approve construction/demolition debris hauler licenses for Waste Management Savage and Walter's Rubbish, Inc. as presented. E. Approve new ownership - off -sale lic:= license - MGM Spirits Express. Inc. It was recommended to approve a change in ownership for an 6Mf ale liquc :license from MGM Liquors to MGM Spirits Express, Inc. F. Confirmation of Findings of Fact. C—A-cions $p&solution of Denial. Pulte Homes (Rolling Oaks). It was recommended to confirm the find iny$::gf:# i t; ci i Iii .'r ::and resolution of denial for Pulte Homes' X. application for a preliminary planned deve 00hieni-a�id-prefirt Mary subdivision for Rolling Oaks subdivision including additional findings directed at the Council meeting of November 19. G. Authorization to proceed with investigation of wetland banking opportunity. It was recommended to authorize staff to proceed with further investigation of a wetland banking opportunity in Eureka Township (Dakota County), including an evaluation of the technicat:feesfpility of the project and an identification of the City's share of the cost of purchasing bank credit$Y H. Project 712. Receive petition/auth�rlse'�feasibility::)toort (Surrey Heights - Streetlights), It was recommended to receive a petition and a.ut;the preparation of a feasibility report for Project 712 (Surrey Heights - Streetlights). I. Project 668. Authorize feasibility report (Lone Oak Rd. - L60aton to TH 149). It was recommended to authorize the preparation of a feasibility report for Project 668 (Lone Oak Road - Lexington Avenue to TH 149155). J. Project 713. Authorize feasibility report (Denmark Ave- Timbershore & Pilot Knob Hts. - Street Overlay) It was recommended to authorize the prepg of a ,feasibility report for Project 713 (Denmark Ave., Timbershore Addition & Pilot KnobHeigFrt:}'i�lifitras_TStt:Overlay). K. Project 663. Authorize feasibility reoff'olalley View Plateau - Street & Utility Reconstructionl. It was recommended to authorize the preparalft of a feasibility report for Project 663 (Valley View Plateau - Street & Utility Reconstruction). L. Project 714. Authorize feasibility report (Donald'A4­- Street Overlavl. It was recommended to authorize the preparation of a feasibility report for Project 714 (Donald Avenue - Street Overlay). M. Project 715. Authorize feasibility report (Heine Strasse - Street Resurfacing). It was recommended to authorize the preparation of a feasibility repotli.#cr•.£ r 0.715 (Heine Strasse -Street Resurfacing). N. authorize the preparation of a feasibility: Q Reconstruction). It was recommended to Kutoff Court - Street Reconstruction). EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 5 - Repairs), It was recommended to aute plans, specifications, and advertisement for a bid opening to be held at 2:00 p.m. on December 81.;:::996, for Contract 97-02 {Coachman Road Water Treatment Facility -Operational Repairs). .. _ . _ _ _ .... _ P. Contract 97-03. Approve plans R-spkiVK8 (Cliff Rd Reservoir - Disposal) It was recommended to approve the plans and; .specifications and authorize the advertisement for a bid opening to be held at 10:00 a.m. on December 2�rj996, for Contract 97-02 (Cliff Road Reservoir - Disposal). Q. Contract 97-01. Approve resolution requesting MnDOT funding Zmergency Vehicle Signal Pre emption). It was recommended to approve a resolution requesting MnDOT to participate in the financing of the City's Emergency Vehicle Pre-emption (EVP) System for signals on the State Trunk Highway and/or Interstate system. R. Contract 96-13, Approve Change OGder #1 ( r Rd - Sidewalk) It was recommended to approve Change Order #1 to Contract 96-13 (Slaty Road::Sidewalk) and authorize the Mayor and City Clerk to execute all related documents. S. Contract 96-15 Approve Change O' def'#2'*ftgdovtii *6 Rd) it was recommended to approve Change Order #2 to Contract 96-15 (Meadowview Road - Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. T. Contract 96-02, Approve Change Order #3 (Well #18 - Site Improvements It was recommended to approve Change Order #3 to Contact 96-02 (Well Site #1$:.Sie Improvements) and authorize the Mayor and City Clerk to execute all related documents U. Project 695, Yankee Doodle Road:,':: hf-of-Way :Stipulation Agreement It was recommended to approve a Resolution of the City of Eagan::BCdi .)..Stiodlation of Dismissal with Prejudice and Order for Release of Funds as to respondent Loral Corporaft...Sptuing, the amount due Loral Corporation for right- of-way acquisition associated with the Yankee Doodle*:Rtiad irxi rovements. Councilmember Wachter moved, Councilmember Hunter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PROPOSED BUDGi�TANiri .P.M. -UX LEVY FOR 1997 City Administrator Hedges gave. ;staff repo . rt, reviewing the proposed budget for 1997. Hedges noted that six calls and one letter hail ::been r6W ved regarding truth -in -taxation. He discussed the proposed revenues, expenditures and referencing handout material provided to the City Council and the public preseiif-iK-*&_-midi Mayor Egan opened the public hearing to anyone wishing to speak. He asked if anyone had questions regarding the General Operating Budget. Elliot Kios, 3678 Widgeon Way, addressed the Council and stated he was concerned about property tax .jrlcreases in general and said his tax statement shows an increase of 11 %for Eagan. Hedges not�cj,:�l:�i+s:vsrc*uld give more information on truth -in -taxation which should address Mr. Kios's question::►t fri tfi' pfe'Station. He then gave a brief presentation on truth -in -taxation and the opt -out transit :f: -levy. He stated::#hat Eagan was a part of the Metropolitan Transit Commission at one time and then opted out and f... ed the Minnesota Valley Transit Authority (MVTA). He said that property taxes Wthe transit levy used: to be collected directly by the Metropolitan Council and then the Met Council would;prtiv�de.a:0p;Kj!9: pity and then the City would pay the MVTA. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 6 He further said that special legislation wM*:'*P assed that allowed cities the option, and the opt -out agency, ... of collecting the tax directly. He noted ti; iAhe MVTA and the City of Eagan agreed to collect transit tax dollars directly. He mentioned that the Metropolitan Council tax portion for bus service will go down by an equal amount of the property tax that is :::ale stated that the net tax is not changing, but the transit tax levy that used to be-pik-"6f:th6-U6-Vi ........... Pi:0-buncil tax has now been added to the City tax, He explained that the doll4r amount."i0f the transit tax levy is determined by the state legislature and not the City. He further explained that ft-liihe City's responsibility to collect the tax and the amount of the levy and dollars paid are not optional and only the state legislature can change the amount. He said the change in the collecting agency is being undertaken to provide more direct control and more efficient use of the resulting taxes paid for this service. Finance Director VanOverbeke father clarified information in the budget handout. Hedges noted that part of the reason for the 11 % increMe could:'j4io attributed to the fact that the assessed valuation of the property could have increased. He slid that the i"'5"sessed valuation and market value in the community has been increasing. Mr. Kios stated taxpayers are C'' more taxes they will have to pay. He said he is concerned about paying 11% mo . fd i*W''He''n''10cition is only 4%. Councilmember Wachter added that the City Council tries hard to hold taxes down, but the County increases the valuation resulting in the taxpayers having to pay higher taxes. VanOverbeke clarified that the County's responsibility is to determine estimated market value and the state legislature determines how you get from estimated market value to tax capacity. Joe Harrison, 2811 Beam Lane, addressot0:#.%: C-60r.161i'and asked why people who do not use the bus have to pay a transportation tax and .WqOdtWit d.f.-Aat the gas tax is used for. Mayor Egan said a portion of the gas tax is dedicated fojt:Arafnsportation::b'ut a substantial portion is also used for road construction. He explained why the City..q26d-o.tjt.fr6M the Metropolitan Transit Commission and the benefits the City has gained by doing so. He-4k6ajhat- bus use will always have to be subsidized. Councilmember Masin said that the transit tax helps idere *i0i-bptter transit opportunities. She further said that they are trying to figure out how much of the subsfdy:,!§ used for those individuals traveling by automobile and their use of the freeways. Councilmember Hunter reiterated that the City has been paying the transit tax for a long time and the only thing that changed this year is that the tax is part of the City tax so more people are now aware of how much is being subsidized. He added that this is not a new tax and the City does not set the rate. Mayor Egan stated that arguments have been made that it is better to subsidize the transit system than to spen.d.:.Oiftns of dQAaM,.jo increase four -lane highways to six -lane highways to allow for more commuters. ...... sw ...�.:...jtjridership of buses has gone up 59%. A member of the audience add*rbfted the6q**` Council and asked if the transit tax is progressive. VanOverbeke stated the tax is progrei0e and tw::explained the difference between the valuations of homes and the amount they Would hav4-46. pa J0;.'-"nsjt.:tax...Mayor Egan clarified that the City now has .y a two-tier tax system vs. the three-tier ti y :have and explained what the cutoff points are for both tiers. Discussion continued regarding ffie,**1a,mount of taxes paid based on valuations of property. John O'Toole addressed the Council and asked where the homes that fall into the tier I category are in Eagan. Councilmember Awada stated they are not located in Eagan but rather outstate Minnesota. Mayor Egan noted that there is a vigorous debate going on with the state legislature about the equity of taxing suburbs like Eagan that have homes ppff. ObW-to.outstate homes and yet have higher valuations. Mr. O'Toole asked what the gas tax is used ayor:.an.reiterated that the tax is used mostly for road . improvements. There being no one else wishir%J9 speak, Mayor Egm turned the discussion back to the Council. Councilmember Wachter stated that thei:p * co tributed oyer.W million dollars to fiscal disparities last year EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 7 and this year the contribution will incrge by 2.3%. Mayor Egan provided some history on fiscal disparities. He said that 1974 was the *6*year for figuring how much the City had to contribute to fiscal disparities and at that time the City had virtually no commercial and industrial development. He further said that the City only gets slightly over one r illCott. jgji t .if- holt pdntribution back. Councilmember Wachter stated that when he was first elected to ftte Citji'i#;i3geii=originally did not want to accept state aid and the is still being penalized today be.ouse of that decision. Hedges noted that the legislation in the 1970's rewarded cities by spending mond, and the more they spent the more local government aid they received. He further noted that the system has penalized the City of Eagan for being conservative in those years. Another member of the audience addressed the Council and stated this presentation was invaluable and educational. Councilmember Masin commenW` that the:A�fVTA is doing the best job possible and they are trying to get the subsidies down as low as the�.:On. Shg:odded that if the amount of transit tax collected is not spent locally, the remaining subsidies wpuld .go. .back .to the region. Councilmember Masin moved, 'CoiiriCilrrremiti'r''Alunter seconded a motion to close the public hearing and set the levy and budget considerations for action at the December 16, 1996 meeting. Aye: 5 Nay: 0 Mayor Egan thanked everyone for their comments. Councilmember Masin said that she and Beverly Miller, Executive Director of the MVTA, will takeAntd4ccount the comments made and address them with the proper authorities and she added .ltikla1..1 * r. edole should get involved and talk to their Met Council representatives and to their legis City City Administrator Hedges thanked.Qlri4f.of Finance VanOverbeke for all his work on the budget and also all the various departments for their CEDARVALE SPECIAL SERVICE DISTRICTAOPOSED 1997 BUDGET City Administrator Hedges gave an overview on this item. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. Hedges commended Planner Shannon Tyree, Assistant to City Administrator Hohenstein and staff for all the time spent meeting with various• busiws ownogs n: -the district. Councilmember Wachter moved 6unciln ixi ier Masin seconded a motion to close the public hearing and approve the 1997 proposed'Cedarval: *4' ecial Service District budget. Aye: 5 Nay: 0 PRECISION TUNE - CLARIFICATION OF ARCHITECTURAL DESIGN City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff report. Dean Johnson, representing Precision Tune,..a.Odressed the Council and stated the reason the neon stripe was not specifically clarified in the plan?&**a t*.i 13�:;p.M. oversight by their architect. He further stated that the red accent will look uniform with. 1Wtibibhbotiitg::P#j lips 66 building. Mayor Egan said the accent stripe will enhance the look of the build i.. Councilmembet:}tunter. noted that there are neon accents on buildings all the way along Pilot Knob Road. _ _ _ EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 8 Councilmember Hunter moved, CoUhcilmember Awada seconded a motion to approve a clarification of architectural materials for Precision Tii$O to add a red neon stripe to the exterior of the building for property located at the southwest comer of Pilot Knob Road and 1-35E. Aye: 5 Nay: 0 CONDITIONAL USE P IOITS - JOHNSON'S RICHFIELD BLACKTOP City Administrator Hedges gave an overview on this item. Senior Planner Ridley referenced handouts that were submitted by the applicant late in the afternoon and were given to the City Council. Mayor Egan noted that there has been a tremendous amount of history involved with this issue. He asked if the Millers were in agreement with the Statement_submitted by the applicant. Mr. Miller stated they were not in agreement. Private Investigator Via'a8 Power ;;:representing the Millers, narrated a videotape that he produced earlier in the day which shovi�d; the vieii ':*:6f the Richfield Blacktop business from the Miller's residence. The video showed the proxirr*:of the bier's and Green's residences to the business. He said he has been in the Miller's home when the;.busir*.ss:has;.been.operating and it is quite noisy. Mayor Egan noted that this is a complex application. ''06uncilmember Hunter said the Council has seen many pages of information relating to this issue and have all visited the site and he did not feel the Council needed anymore background information via a formal staff presentation. Councilmembers concurred. John Johnson, owner of Johnson Richfield Blackta:gt;0206 Sibley Memorial Highway, addressed the Council and said the videotape that was shpvlr.. Jt:ini&leo' ing. He thanked all the neighbors for their support and said that out of 12 neighbors:;.'#i! :!I lly'tUoort their business, one is neutral and the Millers and the Greens are opposed to their busiti'ess. He gave. *brief history of their business. He said because of their seasonal business, they were very.'' t:t.�the: time they moved to their new location. He further said that at the time they were constructing the b*' W:i:h,�y:<#,=.cided that the best location for the bins would be the southeast comer of the lot. He added that by the•ii>•4iifi6 berm was completed they could see that the most logical place for the bins was in the northeast comer'ofi the lot out of concern for the safety of their customers. He further added that he discussed relocating the bins to the northeast comer with Mr. Miller and he had no objections. He mentioned that after being on the property for two years, they felt relocating the bins would allow for optimal usage of the property and they did not feel they were, not in compliance. He said in addition to the safety factor, the other reason they needed to relocate the bins was due to erosion from Mr. 'Miller's illegally dumped fill t;i. eir property:; :He said they constructed bins against the hill and the berm. He noted that they ,bor awp:.. theft bins because it is more permanent and provides a better appearance. Mr. Johnson stated that on a Sitiiday in :floe: spring of 1996, Mr. Miller came to their site yelling and threatening two of their employees. -called :called Mr. Miller and he said he did not want them to operate their business on Satu iajrs::: #{e::s3..:t : #Key then changed their hours of operation, installed quieter mufflers on their trucks, replaced a metal box in one of the trucks with aluminum and also installed a bedliner, and sold the larger diesel loader. He stated that after their attempts to make Mr. Miller happy, Mr. Miller hired a private investigator and an attorney. He mentioned that Mr. Miller made numerous calls about unfounded complaints to the Police Department. He added that upon advice of the police they obtained a restraining order against Mr. Milkei::::: H::tFte( added that after a meeting with the APC on October 22, they met with a neutral neigh b*Qt. 0*'0i V6d:�Mthe mediator during a meeting on October 25. He stated that on October 28 they were #Q -d is the medibWthat Mr. Miller wanted the restraining order lifted. He further stated that they prepared'a written statemeritior Mr. Miller's consideration, He noted that Mr. Miller said he would not sign the d##nent or discuss it:with them. He said that on October 30 Mr. Miller took them back to court to get the:{strainir3�;G�[der•.�i##: but the judge denied his request and the EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4,1996' PAGE 9 restraining order is still in effect until Augur 13, 1998. Mr. Johnson stated that after court on October 30, Mr. Todd, the attorney for the Millers, spoke to Mr. Gross, the attorney for the Johnson4 .......,p with a sketch to-relocate the bins. He further stated that his wife Penny contacted: trs:.a r.........:.i aober 15 and Mrs. Green said her main concern was the fumes that she cpuld spMetimes smell when-she came home in the morning at 7:00 a.m. He explained that 7:00 a.m. is their nodi start up time and the diesels only smoke when they are first started. He clarified that they have three diesels and not all three of them are in operation every day. He added that on November 21, Mr. Todd called Mr. Gross asking him if he had considered the sketch that was presented to him on October 30. He further added that the sketch plan was not an option for them because of the safety concern for the public. He went on to say that on November 22 Mr. Gross received a letter from Mr. Todd which stated that:ft Millers insisted on them using non-diesel tractors. He said he has checked with two manufacturers ai0k4hey quif*haking gas engines and loaders for nearly ten years. He further said the letter requested screwing of eVei:greens or fencing. He noted that the APC suggested they install screening, which they consOeted. Ha: s2�id that after talking with landscaping firms, they feel that screening would not solve the perc*Jygd.prs?416m. He mentioned that in the summer months when their business is in full operation there::8::#jiiafliig'Mypp#S:1lpii:lock the view of the homes above. He further mentioned that in the first APC me'r:'ldflller'mi�ntioned that he did not care if they screened the tire bins because he couldn't see them. He stated that there was a natural barrier created by trees on the Johnson's property and Mr. Miller cut off 10 to 20 feet of height of the trees. Mr. Johnson said that during the winter months they are not blacktopping or loading rock and therefore, sound and fumes are not a problem. He noted.that:i#te building has been on this site longer than any of the houses in the area. He stated that w..hen: ttt 1Y: sre 'at the September 3 Council meeting three concerns that were at issue were diesel;iwn*9; ti i64iW dust. He said in an effort to compromise they sold the loader that was complained at tiA-:-#hey now moire their trucks up toward Highway 13 as soon as they are warmed up enough to allow the brake':4stems to'release, they put special mufflers on the tractors and some of the trucks and sold the dieselle'adeY;::r.Yacr�d. the metal box with aluminum, changed their hours of operation from 7:00 a.m. to 7:00 p.m, Molitlaj :il M,Ugh Friday and 8:00 a.m. to 5:00 p.m on Saturday. He explained that the problem with dust was alleviated with the completion of the paving. He thanked the APC, City staff and City Council for all their work on the application. Councilmember Wachter asked what year the building was built and what year the homes were built. JoAnn O'Keefe, 1679 Letendre Street stated that their home was one of the first built in the area and that was 25 years ago and the building on ,the::Jp.hnson's,$jte..was built approximately 45 years ago. Ron Miller, 3217 Donald AvenL4::::6ddres*W:§i6 Council and stated that he talked to Mr. Johnson on the phone in early June and asked:ftim what 66f td be done regarding the noise and smoke. He said he was told by Mr. Johnson that it was ething ho:?Would have to live with because the noise and smoke were important for him to run his busin sg.. Ne notes .that.after that point the two of them did not talk any further. He addressed the trimming of.xi :a ::tail: #:}�e believed the trees were on his property and that by trimming them they would fill out on tlie*`6oftom which would help block the view of the Johnson's site. He stated that the trees are scrub trees and are not dense enough to entirely block the view of the Johnson's site. He further stated that regardless of the density, the trees will not stop the noise, smoke and dust. He indicated that the problems with the Johnsons started when they decided to enlarge and move the bins to the northeast side of.pr-:}x iei'ty; which caused more extensive use of the bins in the form of heavy, large diesel equipment co ftfrtt ly.pvyitsg in and out of the area and dumping material. Mr. Miller stated that just because Mr. Johnson solst'fhe large diesel front-end loader it does not mean he will not buy another one. He-:said he did not suggest Mr. Johnson purchase a gas loader, but he noted that there are propane load0s.*That could breferenced the original 1994 CUP that EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 10 stated the bins were to be located in the Stitithwest comer of the property and constructed of timbers which would have made them substantially ii ller and reduced the need for the larger equipment thus eliminating the noise, smoke and fumes. He said the operation of their business ruined their summer due to the fumes and noise. He stated that he:fiec#rad;lstk by taking some pictures of the Johnson's property without their approval which was'tFie fea§cdt'i: i ttieerhporary restraining order. He said the real problem is how they are running their business too close to residential property and how it affects their lifestyles. He presented a map that shoiiiieti the actual distances from the business property line and bins to their home. He added that the bins account for 40% of useable space on the property which is substantially larger than what the 1994 CUP intended. Mr. Miller mentioned that the property values of their homes will be affected. He referenced the City Codes in relation to CUPS and how::Richfield Blacktop violated the conditions of the 1994 CUP. He added that their attorney, Mr. Todd, ww#iken ouf:;df context at the last APC meeting in that if the 1996 CUP is approved it will not solve the pi-At ms of rcpi$e and diesel smoke in their homes and no reference was made at that meeting as to where:iid how o#tien diesel equipmdint will be used. He concluded by saying that if the Johnsons had abided by the:1994. CUP they would not be before the Council tonight. He said they would not oppose the additions([-regiae;;t b�iil a tlg: y the Johnsons if they would abide by the original 1994 CUP. He said he has made'sorlie''mist'.'�kes:arnd:"h"e requested that the Council not make his family and neighbors pay for those mistakes. Gail Drewey, 3170 Sibley Memorial Highway, addressed the Council and indicated that she owns the property adjacent to Johnson Richfield Blacktop on the north side. She noted that she was very aware of the business operation prior to moving to the neigh borhosxf dfld everything the Johnsons have said they were going to do they have done. She further... notad::.thW-:a•'1ot of diesel fumes and noise come from vehicles travelling on Highway 13. She addOO.'-t ip(i':sne't s not had any problems with noise coming from the Johnson's business. She asked wt �t:ks site woufd:be like if the Johnson's business was not there and she noted that empty buildings create prob rams ..She'$aid that the Johnsons are good neighbors. She also said that there are many truck repair and`dtMel:UMwsses across Highway 13 and property values will not be affected by the Johnson's business due to•th'': *Mi Mercial nature of the area. She reiterated that it would be difficult to determine if the fumes and nois'''itiginate from Highway 13 or the Johnsons, since the vehicles emit fumes and the air brakes on trucks make a lot of noise. She added that the bins are located between her house and the business and she has not had a problem with noise. JoAnn O'Keefe, 1679 Letendre Street, addressed the Council and stated she supports the Johnson's business and their business makesA0!fferenoe:and.wworks well in their neighborhood. She said the Johnsons are wonderful people who:;It2 :-.O*�jie[x:tfx f.:... jii do care about the neighbors. She added that she does not see any substantiated:f cts beirf ."sented by the Millers. She asked that the Council make their decision this evening so the neighbors car[•%tart the New Year by healing. She read statements of support from neighbors who could not tftend the:meeting offering the following comments: no problems with noise or pollution, when the site ;very. run-down and became a dumping ground, Richfield Blacktop is an asset to the cirri %:.':ty�;;:figiifi+rfgf;l ktop is a good neighbor and Highway 13 emits more noise and spews more fumes than RichW61d,•B1bcktop, a request for the Council to end the dispute that is tearing the neighborhood apart and one comment not in favor of a line of evergreen or fence in front of or along the side of the property bordering the Johnsons. She thanked the APC for their hard work in coming up with a valid recommendation to the City Council, the City Council for the many hours they have given to this issue and to the Ci 9W :rt' .1iStening and responding to the neighbors. Peggy Van Winkle, 3240 Heritage:.'ane, addretsed.*Ahe Council and said her property borders Richfield Blacktop and stated that she c6g&ed along the tree?#ine to see if the noise was any louder or the fumes were any stronger than by Mr. Mili>�;s house compares#:lp her house and she did not notice anything different. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996' PAGE 11 Jonnel Green, 3225 Donald Ave.i0- addressed the Council and noted that anyone living along the Letendre side will not get any fumes. %0`: $aid she did not know how anyone could say they do not hear any noise or smell any fumes if they have, their, windows closed and the air conditioning on. She asked why the landscaping would need to be oh::tb*:: d they do not want it and why couldn't the landscaping be moved to another side.3ife stafe'if'tfrat#Me Vei'i'Winkles are the only property owners that are as close to the business as the Milleft..and themselves. She noted that they are not trying to get the Johnsons to leave the site but the fumes :and the noise are major concerns that need to be addressed. Mike Billmeier, 1673 Letendre Street, addressed the Council and showed some pictures of wooden bins from a local nursery and how unsightly the bins look after a period of years. He discussed the landscaping that exists now and the difference between how it looks in the summer and winter. He said that it would be hard to spade trees in W:the hill. He noted if evergreens are planted in with the trees that already exist, when the other trees mature:9 would:ps:necessary to cut down some trees to allow for a view of the river. Tim Green, 3225 Donald Avenue,..adoressed the _Council and stated they are not trying to get the Johnsons to leave the site, but they ark hyriit?;q 1o::i:t sAtte'#eoroblems with noise, diesel fumes and the concrete bins. He noted that there was the APC meeting regarding their lawyer agreeing to a so-called compromise which they do not agree to. He acknowledged that he was sorry for how out of control this situation has become,'but he stated that he is concerned for his home and family. Councilmember Awada noted that the APC minutes state, "He (Mr. Green) stated that they would support the request if the storage bins were wood and.•ited at the south end of the property and the applicant provided landscape screening." She. ask i#>�NW. r.` Green's position is in regard to the issue. Mr. Green said they want the applicant to:adlr:tb:tliea~onditions of the 1994 CUP which states the bins should be constructed of timber at located:ai-the other side of the property. In response to Councilmember Awada's question, Mr. Green stated that- Wdia-:nof.haVe''a problem with the pylon sign, U -Haul vehicles, or the proposed repair operation provided'it''vv;a5: ii'i5i>1;Y:: he building. When asked by Councilmember Awada if he would accept the screening and less biri";'i It :i6£ n deferred to Mr. Miller. Barb Miller, 3217 Donald Avenue, addressed the Council and discussed the history of the site and the conditions set forth by the town board in 1966 when the property was rezoned. She also referenced the City Code and the standards of conformance. She noted that they want the Johnsons to follow the rules set forth by the City. She mentioned that they offered the Johnsons a proposal to place the rock on the southwest corner next to the vacant Iot;:arxd:#lien they; buil not be opposed to them expanding all of their businesses. She said they are cgtu iaed:Wittx; ie:;>ii eI smoke and fumes because they directly affect both them and the Greens and are�Iiazard6t5:t6' their health. Mayor Egan stated that the Cdkftil is tryictQ::to determine what common ground exists. He said there seems to be a preference for bins:0-0-nstrpcW:6f timber—He further said that the wooden bins would probably absorb more of the sound, but, :?kos?d tt: ii ets: o not appear to be as aesthetically pleasing as the concrete bins. Mrs. Miller said that the real issue is.that the bins are too large and too much rock and stone are being dumped out of the bins directly behind their house. She stated that it would be better if they were smaller and confined to a smaller area of the Johnson's property on the southwest comer adjacent to the empty lot with the appropriate buffering and fencing installed as required by City Code. Councilmember Awada clarified tlYt#,s tfertir %:tt3e Millers and the Greens want the bins located to anotherortion pe of the site and want;istidsca buffs p i::-nd they are not opposed to the additional requests being made by the Johnsons. ' Mr. Johnson said they did ague to eliminatgL. ft::8kck bins and move them closer toward to EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 12 Highway 13 with no loading on the back::siiie. He stated that if they moved the bins to the area originally approved with their 1994 CUP would resh(t:ihi a 55 foot difference and they are already willing to stop using the eastern most five bins (approximately 2Q.feeQ.which Would only result in a 35 foot difference. He said if the trucks are moved to the other side: t:; t fjN lr �tpisfo 08.* i�ve a problem with the alleged noise. He added that the landscape companies fie''talkaii'vliitli''dltl':tgi�1-'aee'any benefit to adding more landscaping. Councilmember Wachter said thit*e sound of rocks on wood would create more noise than using concrete which would absorb the noise. Councilmember Awada asked if the applicant had submitted a landscape plan as directed by the APC and if they were in agreement with doing the landscaping. Mr. Johnson stated they have gone along with the APC's direction but do not feel it will solve the problem. Councilmember Awada asked if the Millers and Greens had seen the proposed landscape plan. Mr. Johnson did not think they had seen tho.*&n. Councilmember Wachter noted that the landscaping would have to be planted on the Miller's and 6pen's prooeity. Mr. Johnson stated it would be difficult to water the landscaping given the slope. SeniO.'. lanner; Miley noted that the Johnsons have not received an official landscape plan from a landscape:.*etchitect Vief; but the plan before the Council is what they will be proposing. He further noted that staff hep .rpot..re.yj0wed .the, plan, but it appears at maturity it will provide at least 75% opacity which the Code rec{i::;::F3i;K:ac#;:tit: he is not sure what effect the additional landscaping will have on the fumes, dust aril noise.'' Ffe4#e'saidlfi at the Johnsons are proposing evergreen plant material (arborvitae) that are three to four feet tall and the City Code requires that coniferous material to be planted must be at least six feet tall. Councilmembers noted that the density of the trees serves more purpose that the height of the trees. Councilmember Hunter stated that he is bothered::by. fact that the tops of the trees were cut off by Mr. Miller and according to the topographic mapAh"ai:the Johnson's property. He added that now there is a concern regarding the heigtt#::fie:t�ees ftp be planted and yet the tops of the existing trees were cut off. Mayor Egan said that the i ijebtIve of the 10Xdscape plan is to mitigate an unsightly situation for a residential neighborhood. Councilmen b6t.'li�nter noted that condition 11 in the APC minutes states, 'The applicant shall provide and install landscapi {s 00rung.as as by City staff to buffer the Miller and Green residences to the east." He further noted'tha':ie:�buncil could approve this request, but the landscape plan would be subject to the review and approval 'by: City staff. Mr. Johnson referenced the original CUP which stated the applicant shall construct a berm along the north property line and railroad ties/timber bins to screen the proposed storage. He said that the berm should be allowed to be constructed along the north property line. Councilmember Awada added that the original CUP has not been abided'by compis". ::land it, iS-wt::aIppropriate to make a point about the berm along the north property line. She said he:V-*=l tiembers voted in favor of the CUP in 1994, but there was a lot of discussion whethe ;*ome oft( :bonditions were acceptable. Penny Johnson, 3206 Sibley M46 rial Higl�tiaary, addressed the Council and referenced the pictures they submitted and said by putting the 00riiproperty line it will not solve the problem with the perceived noise or fumes. Councilmember Awada stated that there are two issues that remain and they are the landscape recommendation from the APC and the APC's recommendation to delete five storage bins on site. Senior Planner Ridley clarified that the APC recommended they discontinue storing items in five of the bins on the east side. Mrs. Johnson said that the APC, zW`d:��ii�&ould leave the five bins on site because they will act as a barrier for the erosion problem. .Ri -'ad�d.001. _the APC's recommendation was that only the western most ten bins continue to be in pe4nd the other Q.-.1?ins can remain on the site but must remain empty. Councilmember Awada commented that the APC did4-good job of working out a compromise and she said she supported their recommeMddtion. Mayor Egan.:i*pcurred. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 13 Councilmember Wachter said j64i. Council could adopt the APC's recommendation with the contingency that'City staff approve the tdridscape plan, but he added that the additional landscaping will not stop the fumes. He noted that the additional, landscaping will greatly restrict the view of the valley. He asked why the trees were cut down.'arrangement with the previous property owner that allowed him to trim the top o*f*"t*h"t**�'-'�k66"*t'**S'O:��:�� maintain a view of the Minnesota River valley. Councilmember Hunter suggested adding a clause to condition 11 of the APC's conditions that would state, unless the Millers and/or Greens waive the requirement. Councilmember Awada asked how it was determined that the landscaping had to be on the Miller's and the Green's property. Councilmember Hunter said that the APC's recommendation specifies landscaping to buffer but does not indicate on whose property the landscaping must be plantW,: Discussion occurred regarding the appropriate placement of landscaping and it was determined that:.'it--'.*ikouId be-. io to the discretion of staff. Councilmember Awada moved,060ncilme r*p*'6' . pr Hunter seconded a motion to approve a Conditional Use Permit to allow a pylon sign subject.to.tbe.-fpIIbiMn9 conditions: 1. The Conditional Use fd4d'With Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 2. If the conditional use has not been established within one year of the date on which the conditional use permit was granted, the permit.shall be null and void. 3. The pylon sign shall not exceed [9 . ht and 125 square feet in area. The pylon sign shall be located o mper,ty�'8ris trust be set back a minimum of ten feet from all property lines. 4. Building signage is permitt6d.*66:-, V ing elevation only, and shall not exceed 20% of the area of that building 5. All signage including banners, flags and other miscellaneous signs shall comply with City Sign Code requirements. Aye: 5 Nay: 0 Councilmember Awada moved p e ebhter seconded a motion to approve a Conditional Use Permit to allow outdoor" $iage 4.4 6i trucks subject to the following conditions: 1 The Conditional Use ROW shall -,bV:recorded with Dakota County within 60 days of the date of approval and P>•p.wP % ided to the City. .. . On -x -Y 2. The rental trucks shall be stored along the south property line as shown on the site plan dated September 25, 1996. 1 3. The number of rental trucks stored on the property shall not exceed five (5) at any one time. Aye: 5 Nay: 0 Councilmember Awada movO;:::,Councilmember Hfinter seconded a motion to approve an amendment to the conditional use pe d Ww a) storage of vehicles to be located on EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 14 the southeast portion of the lot, b) ten 6066'rete storage bins to be located on the north central portion of the lot, and the other five bins on site mllsEAmain empty and c) Si= an increase in the maximum number of vehicles stored outside from 20 to 30 sukjQct to the Wgwing conditions: 1. This Conditional Use Pei'iriii'Itielf tiaeonie effetrtive upon the recording of said permit and Council resolution with tiffs ;Dakota County Recorder and documentation of said recording provided to the City wittiliti:00 days of Council action. 2. Submission and implementation of a landscape plan for the berm area north of the site and the area along Highway 13. The applicant shall obtain a permit from MnDOT to install the proposed landscaping within the Highway 13 right-of-way, and if MnDOT does not grant such a permit, the applidOt shall develop an altemative plan for landscaping the west side of the property. 3. The applicant shall proli # maintain: all surfaced areas, curbing and premises. 4. Storage of landscape m tesitJs: :bj* tr tiftted on the northeast portion of the site. The applicant shall provided concrete 'bihi to contain and screen the landscape materials storage area, provided the applicant be permitted to have only the amount of bins originally approved in 1994, keeping those closest to the highway. 5. Outdoor storage of vehicles is permitted for dump trucks, pickup trucks, sod trucks, trailers and other vehicles and equipment not .e;pe &ig a total of 20 vehicles and provided they are confined within the paved areg:f�#;il�:lot�located east of the principal building, and east of a line extending south:.frvM: tie46''Uh."st comer of the principal building to the edge of the pavement. This st6t'i�ge��area shall J* identified on the property by a painted line on the pavement. 6. The City shall inspect the site for comiiliatii*­'�tifh the conditional use permit one year after approval and shall determine whether the storm drainage system is creating any erosion or other problems. As a result of this review, additional conditions may be imposed by the City Council. 7. Outside display shall be restricted to an area immediately west of and adjacent to the building. The display area ,St alf"end..1p:-mQr.e than six feet west of the .building and shall not interfere with pedestrWttia':-* Csi# :#lbw through the site. Items to be displayed within this area may inc;3tlfie prodc4g sold and distributed on the premises; tires and sod shall be displayed on racks. 8. The applicants shall pr0".'C. a .s:•eAi*4�:enclosure for the outside display area as defined in condition #10 below 3i::plijtaliGi3#Iji:lelii?4+s the display area. 9. The applicants shall provide a site plan reflecting the various uses on the property as approved in this Conditional Use Permit. 10. The hours of operation sha.114*:.IMW"": -to 7-00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m, to 5:00 p.rrt:;t i#: atutd�Y's ::*::::. 11. The applicant shall provide and install landWaping/screening as approved by City staff to buffer the Miller and GOW residences to tlWeast unless the Millers and/or the Greens waive the requirement;:::::::.. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 15 Aye: 5 Nay: 0 Councilmember Awada moved,....CoL=,,i.member....Hunter seconded a motion to approve an amendment to the conditional use permit g5. i*0:41!1:�?9�35;# 'akDvv a) auto repair service for vehicles having a payload rating of up to two tons, b) oiitd6b'r'stdrag6"f1d'tiisplay of new and used tires, and c) dy outside vehicle repair subject to the fbII6' r jg conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 2. The installation and repair service shall be provided only for automobiles and trucks with a payload rating of two Ws or les$,. 3. There shall be no outdo::storages vehicles or equipment associated with the auto and truck service. Outside &3 lay shall: :be permitted only within an area immediately west of and adjacent to the building...:.The.:Osptay area. .shall extend no more than six feet west of the building and shall rid>::iFitesfere;jri►itkt::irian and vehicular flow through the site. Items to be displayed within this area may include products sold and distributed on the premises; tires and sod shall be displayed on racks. 4. All installation or repair service shall take place within the principal building only. 5. A screening enclosure shall be constructe,.cl:by:July 1, 1997, to contain the tire bin and the trash dumpster. The enclosure. pa:gittached to and made of materials compatible with the principal building. 6. The applicants shall provittk A.- 1litable enclosure for the outside display area as defined in condition #3 above to physically iitia:.the display area. 7. The semi -trailer shall be stored in the equipment storage area in the southeast portion of the site. 8. No signage shall be permitted on the semi -trailer. 9. The applicants shall;else:ipe prov'ide:a:te plan:refct approved in this Conditling the various uses on the property as � i Aye: 5 Nay: 0 Mayor Egan expressed his hol ie:#tuld be able to mend their differences. Mr. Miller stated that the Council did not address the problems of noise, smoke and dust. He asked them to consider the effect this situation will have on their lives and their families. Mayor Egan said that they have spent a great deal of time trying to resolve the issues. INTERIM USE PERI1(11.7..'=''-$TAR TRANSPORT, INC. City Administrator Hedges gav, ::"'overview on'�thk item. Senior Planner Ridley gave a staff report. Councilmember Awada asked if there is a way to a#(oiw the City to have the option to cancel the lease once they acquire the property.:.Sknior Planner Ridley stated that the condition of the Interim Use Permit could be amended. He further stated. that cu lr4k ti6:lease is with the County. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 16 Councilmember Awada moved, QWricilmember Wachter seconded a motion to approve an Interim Use Permit to allow outdoor storage of seti"i:trailers as a principal use on property located south of Borchert Lane, between Mike Collins Drive and the Chicago: Milwaukee, St. Paul and Pacific Railroad subject to the following conditions: 1. This Permit shall terminate, upon the earlier of two years following the date of issuance of the permit, or 30 days f"" Ming notice to the applicant should the City acquire the property. 2. This Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine compliance with the conditions of the permit. The Interim Use Permit may be revoked for failure to comply with any condition of the Permit following notice of the nQtipompliance and a hearing by the City Council with all interested parties being given an q' 00brtunity- :be heard. 3. All storage shall be locciafk on th0::iiorthem portion of the property and contained within the existing gravel surfaced arca::::.'.:. 4. The property shall be used:f6?-'6bragi3`of'Serrii4railers only. 5. No more than 75 semi -trailers shall be stored on the property at any one time. 6. No vehicle maintenance activity shall be conducted on the property. Aye: 5 Nay: 0 The meeting recessed at 10:00.'Osxh.:%nd reconi6hed at 10:10 p.m. CONDITIONAL USE fSSRMI::IR(RMr-MART STORES, INC. Ci tyAdministrator Hedges gave an overview on 'N8*;::item. Senior Planner Ridley gave a staff report. He stated that Mark Miller, Chair of the APC, would like the Council to require Wal-Mart to remove the storage containers in an expedient amount of time, if the request for outdoor trailer storage is denied. He further stated that the APC addressed the fact that for two years there has been outdoor storage occurring which was never approved and a variety of items stored in the garden/landscape area on the south side of the building which was specifically approved.: qtr garden materials only. Councilmember Hunter asked if that condition had beeniiza�b�:)p:the }k';fiinutes. Ridley indicated it was not included but is being recommended for considera�ie�ii by the;0o'uncil. John Murphy, District Manager•.fof:Wal-Mag, addressed the Council and stated that they want to be a good neighbor and he acknowledgi d. the..... tmunipation has not been the best in the past. He indicated that they will do everything po�1151e:t�3:i i[itg: t tf�it::kupriess into compliance. He addressed the request for the outdoor storage of cargo trailers and expii3i1hed"that due to the high volume of merchandise during this time of year they require extra storage. He noted the timeline for the extra storage runs from mid-October through mid-December. He further noted that at other Wal-Mart locations throughout the Twin Cities area they have twice as many trailers for outside storage. 'He said last year they had 29 trailers outside and this year that number has been, cedtj0d:xo.:1,2. He added that they are trying to make their business profitable and then they can try aril :i i i+i fie -it would like them to. He discussed how much they pay monthly in property taxes, rent;::pkv toll and doft%00 to various charities. He stated that if they were to enclose the volume of merchandise they need withiti:the store, it would create a safety hazard. Councilmember Hunter asked if tti outside store�e ciarargo trailers is allowed with any other store EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 17 in Eagan. Senior Planner Ridley indica#eo::that no other store is allowed to have trailers outside and he added that staff checked on a variety of iiWers last Tuesday prior to the APC public hearing and no other business had outside storage trailers on their sites. Councilmember Hunter said he appreciates all that Wal-Mart has done for the City and stated:#te 1i}y:ai'i? gv€ business to have in the City. He noted that the City Council treats all businesses fairly'ari� tliat'wirpj3Foving Wal -Mart's request for the outside storage trailers it would clearly benefit them over;A'ity other business. He further noted that he supports the APC's recommendation to deny the request. Councilmember Masin stated that she knows there are a lot of issues that have not been addressed by Wal-Mart. She commented that Dayton's in Burnsville has many trailers outside during the Christmas season. Mayor Egan said that all businesses have::td:deal with the same situation that Wal-Mart is facing regarding the need for extra storage during the CFtf imas season. City Administrator Hedges indicated..that.the,Code,Enforcement report included in the Informative Memo sent to the City Council contained: :tt i :Ii t: ot:;i tstiTj*011on and code violations at Wal-Mart. He noted that commitments were made to iFe""neigii6o'ririg "biis7rie5ses regarding outside storage and have clearly been violated. He added that Wal-Mart is valued in the community, but so are the other businesses. Councilmember Awada asked if there was something that could be done in relation to this application to help enforce the Code violations at Wal-Mart. City Attorney Sheldon stated that there re.tucta:applidefions before the Council and the Council can either deny the request for storage trailere:t i:appr..o4iQiequest with conditions, but the conditions must relate to outdoor trailer storage. He furl sfated that if'&re is an issue pertaining to other violations not related to this request, then the business cg0d bp.0ted and prosecuted. Mr. Murphy said he was not aware of any pehdi4::*poc111* violations that need to be addressed. He further said he was willing to address those issues. Councilmember Wachter stated that the timeframe Wal-Mart is requesting outside storage trailers for is almost over. He suggested that they resolve their current Code violations and readdress this issue once they have fully complied. Mr. Murphy thanked the Councili-f k.t#ie :tkr�trric:t pportunity to address them. Mayor Egan commented that 66'Council viidnis Wal-Mart to be part of the community and he said they are very proud to have them in th.: ity but t#t r do need to comply with the requirements set forth by the City Council. Councilmember Hunter moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit to allow outdoor storage of trash and recyclable materials storage area on the east side of the building near the loading docks on Lot 1, Block 1, Town Centre 70 Eleventh Addition located at 1360 Town Centre Drive subject to the following conditions: 1. An eight foot screening wall;sfYaill'iie:'i*""`'tii~ted around the trash and recyclable materials storage area and shall bbbsist of materiaf d color scheme to match the existing wag and building. 2. The storage is only for 668ets, card409r,¢,arac# i•cycling material and that the applicant shall EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4,1996' PAGE 18 store no other trash outdt0s. 3. The outdoor storage are.a..p! ...p.yi e a 20 -foot by 20 -foot enclosure. .... ..... ........ .. ....... Aye: 5 Nay: 0 Councilmember Hunter moved,.P. ncilmember Awada seconded a motion to deny a Conditional Use Permit to allow outdoor storage of cargo trailers on Lot 1, Block 1, Town Centre 70 Eleventh Addition located at 1360 Town Center Drive. City Administrator Hedges noted that the City Attorney advised preparing a fact finding of the denial. Councilmember Wachter stated1hat the applicant should work with staff so they know what the violations are that need to be correctec :.'*.*-bouncilr�6iinber Hunter said he did not feel the findings of fact X. were necessary since the reasons for denial are sh-4Lghtforward. A vote was taken on the motion., .. -Ay.e:.-.4.-.,Np'y; ....1..(Cpqpcilmember Masin opposed) 1997 City OF EAibAN'ftt-9bHEDULE City Administrator Hedges gave an overview on this item. Finance Director VanOverbeke stated that the City is interested in recovering costs and not in making money over and above these costs. He said that fees are applied in situations where there are specific users. He discussed the increases and the reduction in some of the fees. Councilmember Awada asked If* 6*h*-t*`:'-fW - -i ...%h .... P-'.,:- er photocopy is too high. VanOverbeke noted that if there is a large volume of someilbfhg'(hat is easy::to copy it's probably too high, but if there is a request for one copy that is difficult to firkd--'3he---,o Cis probably h" bly too low. Hedges said that staff is s a empowered to make decisions in regard to wfi6f'd0p!4:,4hbyldbe charged a fee. VanOverbeke stated that discretion is used when determining if someone sh o**uld-:.t4:-6'Karged for copies. He further stated that determining who is charged for what is becoming increasingl'�"'More difficult and further study will probably need to be done with regard to charging for copies, faxes, items mail, etc. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the 1997 City of Eagan Fee Schedule. Aye: 5 Nay: 0 ORDINANCE AMENDMENT.::�--0N4ik1Jt LICENSE DESIGNATIONS City Administrator Hedges gaveFdh overvieWon this item. Councilmember Wachter move.d:::.rmbec.-Masin seconded a motion to approve the ordinance amendment changing ions. Aye: 5 Nay: 0 City Administrator Hedges said that the Council would be receiving an invitation from the YMCA to attend a meeting on December 17 to address:t4jit . i;*:pf the legislature giving consideration to charging YMCAs property tax, which is a request qk ".* N ddb Fitness. He further said that the YMCAs* are looking for support and an opportunii the Mayor Egan mentioned the mWog he and City Addlibistrator Hedges attended with the Mayors and Administrators/Managers of Lakev". arid.P Valley. He stated that one of the issues ......... . ...... ......... _ .. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 19 identified by the group is the relationsftlp.;; of the Cities with their School Districts. He noted that the Superintendents and the Chairs of the 86... I Districts were invited to attend the meeting. He added that the meeting was beneficial and he said that they want to identify ways to accomplish collective goals of ng the community in the goal setting each of the Cities and their respective-:. 61`Ibi want . :..b :.,!&volvi ....... ..... process. Councilmember Masin said the Community Forum held in June. City Administrator Hedges suggested the City Council schedule a Special City Council meeting to discuss CDBG funding and provide direction to the Dakota County HRA. Councilmember Wachter moved;::Councilmember Awada seconded a motion to set a Special City Council meeting on December 16, 1995-' 5:00 p.K.: Aye: 5 Nay: 0 Hedges requested that Council"'"' bers rigi6m any updates to the Council Tracking List to him. d C- do0s had attended an open house at Mycogen Mayor Egan stated that he an jfY:Ad?r&iftt0tdi .f46......... Seeds. He noted that the corporate hdtfdqU6ffft*-W9iVffi6te to Eagan from Prescott, Wisconsin. He further noted that he was very impressed with the high tech operation. He mentioned that he has been asked by the Builders Association of the Twin Cities to participate in a panel discussion on December 12 regarding growth options. Councilmember Masin stated that she attended• tha-t-Rlb Policy Adoption Conference and she said that the morning speakers were very good. Sho.said,:tt6-A:Afii6- was told at a recent Metropolitan Council Transportation meeting that it is going 06,90t Rosemounts share of transit tax from the Met Council. She further said that the reasog'-in''g-'th"ki i * * e Met C '.;d uncil getting Rosemount's share is because they do not need the money and the region doers: ::::::::::.:.•. Councilmember Hunter said that he met wiih*­Dth'*:'"'-_ pary who owns a high tech company called Integrity Solutions and they moved to the Waters in Eagan'frofil Bloomington. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated November 27, 1996 in the amount of.$200,241.67.. Aye: 5 Nay: 0 The meeting adjourned at 10:"m. to awExecutive Session. MLK .............. Date City Clerk ..... ...... EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 PAGE 20 If you need these minutes in an a1temativ0::fArm such as large print, braille, audio tape, etc., please contact the City of Eagar), 3830 Pilot Knob Road,'::tagan, MN 55122, (612) 689-4600, (TDD phone: (692) 454- 8535)• ...... ...... ... The City of Eagan is committed to the poli� otftiive equal access to its programs, services, activities, facilities and employment wift&t regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marita Vtus or status with regard to public assistance. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 13,1996 SUBJECT: AGENDA INFORMATION MEMO FOR THE DECEMBER 16,1996 EAGAN CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval of the December 16, 1996 City Council agenda, regular City Council meeting minutes for December 4, 1996 and special City Council meeting minutes for November 21 and December 4, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. RECOGNITION OF FIREFIGHTERS RETIRING IN 1996 ACTION TO BE CONSIDERED: To recognize retiring firefighters John Flood, Bob Gastfield, Bob Treichel, Dick Schindeldecker and Rick Murphy for 20 or more years of dedicated service to the City of Eagan and its volunteer fire department. ATTACHMENTS: • Staff memorandum outlining accomplishments of firefighters on pages o2- through 3 _ city of eagan DATE: December 10, 1996 T0: Tom Hedges, City Administrator FROM: Craig Jensen, Fire Chief SUBJECT: Recognition of Firefighters MEMO As you are aware, the Fire Department has recently lost five veteran firefighters to retirement. I would like to request the members of the Council to recognize these five individuals at the December 16, 1996 meeting for their dedication to the fire service. The following is a brief recount of each person's accomplishments: John Flood: 6 28 years of volunteer service ® Administration officer for 23 years Club for this achievment) ® Assistant MIS officer for 3 years ® Numerous committees Bob Gastfield: ® 24 years of service ® 2 years as Station Commander ® 12 years as Captain d Numerous committees Bob Treichel: 6 23 years of service ® 3 years as Station Commander ® 11 years as Captain ® 4 years as Lieutenant ® 4 years as Chief Engineer .® Various committees (Rec'd Outstanding Svc. Award from Rotary W Agenda Information Memo December 16, 1996 Eagan City Council Meeting B. FIRE PREVENTION POSTER CONTEST WINNERS PRESENTATION: As a part of the City's fire prevention poster contest, Fire Prevention Officer Chris Grub will be present to present the winners of this year's contest. While no action is necessary on behalf of the Council, it would be appropriate to recognize the efforts of these children in the interest of safety within the community. ATTACHMENTS: i Staff memorandum on page � 11 Dick Schindeldecker: e 21 years of service 6 3 mos. as "acting" Fire Chief e 8 years as Battalion Chief 8 3 years as Captain Rick Murphy: 8 20 years of service 0 5 years as Fire Prevention Officer ® 5 years as Asst. Systems Officer ® 1 year as Captain ® 1 year as Lieutenant Craig nse , Fire Chief CJ/kmk city of eagan DATE: December 11, 1996 T0: Tom Hedges, City Administrator FROM: Craig Jensen, Fire Chief SUBJECT: Fire Prevention Poster Contest The Fire Department's Fire Prevention Officer (Chris Grubb), has selected the 1st, 2nd, and 3rd place winners of this year's Fire Prevention Poster Contest. Chris would like to present the winners with their prizes at the City Council meeting scheduled for December 16, 1996 at the beginning of the meeting. The names of the winners are as follows: 1st place: Andrea Nickell 2nd place: Emily Zellmer 3rd place: Katie Broom Please let me know if this presentation is not possible at this meeting and, if possible, provide an alternate date when it would be possible. Thank you for your consideration. If you have any questions, please feel free to contact me. kmk S Agenda Information Memo December 16, 1996 Eagan City Council Meeting C. INFORMATION REGARDING MVTA BEVERLY MILLER, EXECUTIVE DIRECTOR Due to a conflict, Beverly Miller will not be attending the Council meeting. N MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Minnesota 4,1996 A special meeting of the Id on Wednesday, December 4, 1996, at 5:00 . . A�R ft' *4 p.m. in the Municipal Center Building ComniiiR*6�j.;�"- e of meeting jointly with the Advisory Parks, Recreation & Natural Resources Commission....*Present were Mayor Egan and City Councilmembers Awada, Hunter, Masin and Wachter. Also present were Dire1ft'"r of Parks & Recreation Vraa, Water Resource Coordinator Brasch, Superintendent of Parks Olson, Park Planr%­G-*:Lilly, Superintendent of Recreation Peterson and City Administrator Hedges. Members of the Advisory Parks, Recreation & Natural Resources Commission who were present included Chair Markell and Members Ahem, Rudolph, Thompson and Vincent. ITORS70 BE HEARD .... . . .... Mayor Egan recognized visitors to be li6iird. There was no one present. DRAFT:.I,AW.N:C-H.OUCAL:QRDINANCE City Administrator Hedges stated that in'*re'ce'ni months, the City Council directed preparation of an ordinance that would remove or restrict the use of fertilizer applications. He further stated that the Natural Resources Subcommittee of the APRNRG met with City Councilmembers Masin and Wachter to further discuss a draft lawn chemical ordinance. The outcome of that meeting was a recommendation to the APRNRC, and subsequently to the City Council, to prepare a draft ordinance that would limit the amount of phosphorous in commercial lawn fertilizer applications to no greater than 3% in -corbinercial applicators. He further stated that the ordinance would require the licensing of all commercial Water Resource Coordinat&':9*6h:**vid*i'4' a more detailed review of the proposed ordinance, including purpose, definitions, regulations fei commercial lav m*-' ".4ertilizer applications, the fact that newly established turf areas would not be limited by this ordinanc6:,':'%"'**"- sIbJUty* of licensees and provisions for non-compliance. City Councilmember Wachter stated thiitbrtj'J."�J�ion should not allow a content higher than 3% phosphorous for any fertilizer sold in the community and speelfic''ai0y not to limit the sale to commercial users. Commission Member Ahern agreed with City Councilmember Wachter and stated that in order to make an impact on the wetlands, all fertilizer needs to be regulated. City Councilmember Masin stated that education is necessary and possibly, the City could require that people test their soil. Commission Member.yincent stated that he is in agreement with the philosophy that starting slow on a program and through educatiqo;:tibj*fullyi.imb*'WilI comply, similar to curbside recycling. Mayor Egan also agreed with City Councilmember mber Vincent, stating that he feels it would be unfair to local businesses to require the of fertihmx*::W*"it` h a phosphorous content no greater than 3% while residents can purchase their fertilizer in other neighboArig " communities that have no restriction. He stated that it would be nearly impossible to police. Cit?..'DpuncilmergtS.er Wachter stated that while the issue might be unfair, education is not mitigating the degradation3a:PqRda ::For that reason, the City needs to enforce greater restriction on the use and sale of fertilizer. Commission Member Ahern opposed the licensing, stating that it would be extremely difficult to regulate and further that commercial operators are not the problem in that they very carefully allocate and apply the correct amount of fertilizer to the lawn surface area. City Councilmember Awada concurred with Commission Member Ahern that the commercial operator will apply, the fertilizer correctly, whereas residents often overlap fertilizer into City streets and other impervious sVd*W:0'*WIA.J).e , carded into the wetland areas. Bea Blomquist appeared .od:Mated that &.414 not agree with the ordinance and presented Information on a process using triploid grasd:d8a'r:'p' that controls duc�"ped and algae. City Councilmembers reviewed a handout that was distributed by Ms. Blomquist. Commission Member Markell asked about the residential user and how the City can regulate fertilizer applica*water Resource 6i�dinator Brasch stated that it is very difficult to enforce and that is the reason why the C draft ordinance suggested an ordinance that X.- Page 21Eagan Special City Council Meeting Minutes December 4, 1996 would regulate commercial users first. Tttetti: through education, the residential user would eventually comply. Commission Member Thompson stated that 0.6City is to adopt this ordinance, it would be appropriate to first meet with the commercial users to learn how the proposed regulation, would affect the industry. City Councilmember Awadii:"a e4141#dl:ilie diiiatice was directed by the City Council, reviewed by a special task force and it would now be.appropriate to proceed on for review by the commercial users or for the Council to drop the issue. City Councilmeft—ers Masin and Wachter concurred that every applicant of fertilizer should be treated fairly, which continues to rii'Se questions about singling out the commercial users and not requiring homeowners to regulate the level of phosphorous in their fertilizer application. Director of Parks & Recreation Vraa noted that three of the largest commercial lawn care providers would already be meeting this ordinance, if enacted. He noted this may be the case because at least two other communities have an ordinance in place wh6*—restricts application to 3% or less. Mayor Egan stated that there. is no cle;kF:direction to proceed at this time given the discussion and it is clear the Commission and Council botfi'6ed mgrp::education and a method to evaluate the process. City Councilmember Hunter stated that he woul like to see' -the information presented to the commercial users, which appeared to be a consensus of the City Cowj=il:::.ft;f- bwi ilmorr4er Wachter added that possibly the commercial users would consider a soil testing program know what the level of phosphorous, nitrogen and other chemicals are in their soil. WETLAND BANKING PROJECT INVESTIGATION Director of Parks & Recreation Vraa stated that the.Minnesota Legislature is requiring developers in communities to replace wetlands at a ratio of 2:1. He ful1her41ited that the law allows for cities to consider replacement on either an on-site or off-site basis. MF.:tee::siate'ii that because Eagan is approximately 80% developed, there are less opportunities tosecure:�tiiati}e::latd: for future wetlands within the corporate limits. He stated that since the law does provide for otos'tt :;eplaoement;:consideration is being given to securing a site outside the City, referred to as "wetland banking,' that would help the: City meet its wetland replacement of 2:1 for future development. City Administrator Hedges statei :tkt _'Ilie.roncept might provide the City with necessary economic development tools for an industry that lacks the weiland;hi itiki�ig ca bility within the industrial park. Water Resource Coordinator Brasch stated that m':1995, staff worked with a wetland consulting firm in Dakota County to conduct a search for potential wetland creation, restoration sites that could be used for a bank. He stated that the first phase focused on lands owned by the City of Eagan in an effort to reduce the land acquisition component of total cost. However, after the evaluation of 100 parcels, only one parcel had a very good rating and is worth pursuing for this purpose. However, this site would be very costly to develop. Mr. Brasch further stated.•:IW:::a• ibpllaop! iN .::effort with the Dakota County Soil & Water Conservation District has located an agricultcAl:atee'iri:pil#obviiship approximately five miles south of Lakeville where restoration of a drained wetland curtRtl3' under ictf(4ivation could generate 25-30 acres of bankable wetland, an upland buffer area. Mayor Egan asked if tlti*:.vfere •rSti~#ions ;on .where the City could bank wetfand. Water Resource Coordinator Brasch stated thea pli}rx;is �ibt'prese'rit6 :Whe State, agreement is then made with the land owner and, following an actual project construction, the creclitt Would then be made available to the City. He further stated that a permit agreement would be placed over the property. He stated that it is necessary that the property be located within the same watershed, which is the case in Eureka Township. Mayor Egan stated that, for clarification, we do not buy the land; we use it to satisfy wetland responsibilities. Mr. Brasch stated that is correct. Commission Member Rudolpfi:;�atcjttii;ttil{s supportive of the wetland banking, commending the staff, Commission and Council for being prof-00e;'r t#tie:' .#.i9o.developing a problem in the future that could be expensive and become reactive. City Coj `60 iiember Wacti'fts:.*ated that he is in support of moving ahead, however, would like more information in thefirtvre before a decisiott:is finalized with the Eureka Township parcel. Page 3/Eagan Special City Council Meeting Minutes December 4, 1996 Mayor Egan stated that thlS.*:listed on the Consent Agenda for consideration at the regular City Council meeting on December 4. OPTIONSi't3SE f$fCLtAE#(3;}tbl; PROPERTY Director of Parks & Recreation Vraa stated that at the November 18 APRNRC meeting, various scenarios were reviewed regarding the futu4:4je of the Richard Holz property that was acquired to provide access to the Holz Farm Park on Cliff Road. He sfafed that the recommendation of the Commission is to rent the house, allowing further evaluation of the property in the future. APRNRC Chair Markell stated that along with other members of the Commission, they would prefer to see the Holz property remain as a part of the overall Holz Farm Park. Director of Parks & Recreation Vraa stated that several options were given consideration, including selling the home and requiring removal of the buildings, rental of the home, a civic use, other City use and the possibility of subdividing the property for resale. City Councilmember AwadO:;Mated thaf -ihe is supportive of the option that includes rental of the home as a "holding option" with the understanding that:46 rent would be charged at a fair market rental housing rate. She further stated that the rent cailected frooIn-the Holz Farm property should go into the Park Site Development Fund to recover some of the :capi#+jse::iit'ktitad:dor acquisition of the property. Commission Member Vincent stated that it would be pica to fitav :si:rerV6t~:Ao:rdUld watch the property for security purposes. City Councilmember Hunter stated that he supported acquisition for the purpose of providing access and once that is determined, the property would be sold. Director of Parks & Recreation Vraa summarized where the proceeds go, which is the Park Site Development Fund, and further that the renter must be someone who is compatible with the programming intentions for Holz Farm Park. Mayor Egan stated that there appears to, be-: ensus on the rental of the property at a fair market rate and suggested that staff proceed with that .�pti>I;:::;:;::: NATURAL AND SCENIC Wk-ANTiANDERSON PARCEL ACQUISITION Director of Parks & Recreatibit :Vs;staled.;hat several months ago, the City Council authorized submission of a natural and scenic grant application fot'tfii:piiisa:pf funding approximately 50% of the acquisition cost for a 7'/z acre parcel adjacent to Patrick Egan Park. He'stafi�Q:ftt the property is referred to as the Anderson parcel and is located south of the access road into Patrick Egan Park off Lexington Avenue. Mr. Vraa further stated that the City has been notified of a grant award; however, the amount is approximately $27,000, which is approximately 10% of the entire cost, instead of the 50% request made with the grant application. He further stated that the City is looking for direction as to whether the grant should be modified based on the City purchasing less land, such; •as..,+7 acres, . with. the City's match taken from the Park Site Development Fund or if the City should indic�tt2.ttt;i'is no:#mer irtierested in the scenic grant and tum down the grant award. . _ Commission Member Thompson explained that this property was a high priority at the time the task force was preparing the park bond refsroi3dum for *'.-* h space acquisition. Mayor Egan asked the Commission whether this land really provides any signifiCiiiog:itt.#et""O-edditioRal land to Patrick Egan Park. He further stated that the City Council has strongly suggestef .*. g': -A.i#v s'oF:.:.;i?ai�a' Recreation & Natural Resources Commission review all their needs based on the fact that the priority for parkland acquisition development will need to be made within the financial parameters of the balance that is within the Park Site Development Fund. He stated that this property should be reviewed in that context if the City is to spend any dollars matching the grant. City Councilmember Masin stated that she would like to at least negotiate and provide future direction based on the Anderson's response. After further discussion by Gq ss'ionU19'i%ip .and City Council, it was agreed that the Director of Parks & Recreation would approach the ptgiefson's to deternili .on acquisition price and the amount of land they would be willing to sell to the City. "" Page 4/Eagan Special City Council Meeting Minutes December 4, 1996 BUSINESS There were no other items presented for Other Business. Mayor Egan expressed his appreciation to members of th"' tion in the meeting. ADJOURNMENT The meeting was adjoumeid*:I�f 6:25 p.m. Date City Clerk TLH Agenda Information Memo December 16, 1996 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Resignation/Forestry Parks Maintenance Worker -- ACTION TO BE CONSIDERED: To accept the resignation of Jeff Perry from his position as Forestry/Parks Maintenance Worker. Item 2. Resignation/Part-time Clerical Tech II/Receptionist/Police Department -- ACTION TO BE CONSIDERED: To accept the resignation of Kerry Yehle from her position as a part-time Clerical Tech II/Receptionist in the Police Department. Item 3. Clerical Tech II/Receptionist/Police Department -- ACTION TO BE CONSIDERED: To approve the hiring of Katy Jonas as a part-time Clerical Tech II/Receptionist in the Police Department. Item 4. Part-time Seasonal Civic Arena Ice Supervisors -- ACTION TO BE CONSIDERED: To approve the hiring of Aaron Hunter and Jill Isebrand as part-time seasonal Civic Arena ice supervisors. Agenda Information Memo December 16, 1996 Eagan City Council Meeting Item 5. Temporary Seasonal Winter Recreation Leaders -- ACTION TO BE CONSIDERED: To approve the hiring of Martha Buyck, Mark Cleare, Rachel Collingham, Kim Gill, Andrew Halverson, Nate Hauenstein, Brian Heaver, Ben Koenke, Andrew Koppang, Michael Kremenak, Bryce Meyer, Jennifer Neumann, Jason Ponsonby, Nick Poppler, Ryan Rausch, Jason Schwamb, and Todd Skwira as temporary seasonal Winter Recreation Leaders. Item 6. 1997 Non -Collective Bargaining Employees Compensation/Benefits Schedule -- ACTION TO BE CONSIDERED: I. Compensation rates for regular, non -collective bargaining employees be increased by 3% across the board. 2. With the exception of election judge rates, compensation rates for temporary, non -collective bargaining employees also be increased by up to 3%. (Note: Due to the difficulty in filling some temporary positions such as seasonal maintenance in the spring and fall and winter recreation leaders, it may be necessary to further adjust these rates in the future.) 3. Car expense allowances for department heads also be increased by 3%. 4. Mileage rates be set at the IRS amount (which is currently $.31 per mile). If the IRS increases this amount, the City's amount would automatically increase to the new IRS rate. 5. The City's contribution for family health insurance would remain at the 1996 amount. 6. The City's compensation plan for non -collective bargaining employees be revised to allow employees who do not have a four year degree reach the top step of the plan by letting those employees reach the top step at their eight or ten year anniversary date (whichever is individually applicable) effective January 1, 1997. FACTS: The Personnel Committee of the City Council (City Councilmembers Wachter and Masin) have been meeting since July 30, 1996, to review the current compensation schedule for non - collective bargaining employees. It is their recommendation that number 6 be enacted to revise the compensation plan. In addition, on Wednesday, December 4, the Personnel Committee reviewed compensation/benefits for 1997 for non -collective bargaining employees. It is their recommendation that the Council approve items 1 - 5 as listed above. The 3% figure is not only the increase for City of Eagan police and sergeants collective bargaining groups for 1997, it is also the figure used in the majority of metropolitan collective bargaining agreements that have already been settled for 1997. till Agenda Information Memo December 16, 1996 Eagan City Council Meeting Item 7. Pre -Employment Psychological Examination/Police Dispatchers -- ACTION TO BE CONSIDERED: To approve an amendment to the City's Personnel Policy adding Police Dispatchers to the list of employees who will be required to take a psychological examination after a conditional offer of employment is made. FACTS: Currently, candidates for Police Officers and City Administrator are required to take a psychological examination at City expense after a conditional offer of employment is made. Police administration is requesting that Police Dispatchers be added to the list. Because this is a pre-employment requirement, under labor law, it is not subject to bargaining. Item S. Volunteer Fire Department/1997 Pay Stipend Rates -- ACTION TO BE CONSIDERED: To approve the revised 1997 pay stipend rates for members of the Volunteer Fire Department. FACTS: The City Administrator, Fire Chief and Volunteer Fire Department Executive Board have been reviewing the pay stipend rates for officers and members of the department. They came to the conclusion that the stipend rates as they exist in 1996 needed to be revised due to increases and reductions in responsibilities for various positions. Many- positions, such as the Fire Chief, have assumed additional duties and responsibilities and some positions less. Also, a number of officer/manager positions have been eliminated. The new recommended stipend rates do not increase the overall dollars expended, they merely rearrange them. ATTACHMENTS: • Attached on pageis a copy of the stipend rates for 1997. • Attached on page Iis a copy of the 1996 rates for the Council's information. MEMBERSHIP APPROVED RATES OF PAY BEGINNING 11/01/96 Position Fire Chief E $900 Rate per month _ Battalion Chief 500 Station Commander 200 " Captain 120 " Lieutenant 40 n n Administration Officer 305 " Asst. Admin. Officer 50-80 " Engineer 240 " Assistant Engineer 40-70 " Equipment Manager 185 " Assistant Equipment 40-70 " Fire Prevention Officer 265 " Assistant Fire Prevention 120 " MIS Officer 145 " Assistant MIS 10-40 " SCBA Manager 145 " Station Manager 240 " Assistant Station Manager 25-50 " Systems Officer 125 " Training Officer 320 " Deputy Training Officer 160-200 " Safety Officer 120 Training Instructors 14 per class instructed Fire Marshal City Employee Fire Inspector City Employee All Firefighters $ 8.50 per call (guaranteed) $14.00 per meeting/training attended L" 11 RATES OF PAY FOR 1995 sition av Rate Fire Chief $530 Per Month Battalion Chief $360 a a Station Commander $162 ' • Captain $90 0 a Lieutenant $28 ' ' Administration Officer $225 . . Asst. Admin. Officer $70 ' ' Engineer $175 ' ' Asst. Engineer $56 ' ' Equipment Manager $140 ' ' Fire Marshal City Employee Fire Inspector City Employee Fire Prevention Officer $200 Per Month SCBA Manager $112 ' ' Station Manager $175 ' • Asst. Station Manager $42 . . System Officer $175 • • Training Officer $315 ' ' Asst. Training Officer $70 • Deputy Training Officer $105 EMS Training Officer $105 ' MIS Officer $105 ' Asst. MIS $35 All Firefighter $9.77 per call Training $12 per training attended Page 6 11 Agenda Information Memo December 16, 1996 Eagan City Council Meeting B. APPROVAL OF 1997 SPECIAL REVENUE FUND BUDGETS, INCLUDING THE HOUSING REVENUE BOND FUND THE POLICE FORFEITURE FUND,THE HOUSING AND REDEVELOPMENT AUTHORITY FUND, THE RECYCLING FUND THE ECONOMIC RECOVERY GRANT FUND THE CEDARVALE SPECIAL SERVICES FUND AND THE CABLE TV FRANCHISE FEES FUND ACTION TO BE CONSIDERED: To approve the 1997 Special Revenue Fund Budgets, including the Housing Revenue Bond Fund, the Police Forfeiture Fund, the Housing and Redevelopment Authority Fund, the Recycling Fund, the Economic Recovery Grant Fund, the Cedarvale Special Services Fund and the Cable TV Franchise Fees Fund. FACTS: • For financial reporting purposes, it is required that the City Council adopt each of these budgets. • The purpose of each fund is noted on the budget page. • The revenue sources and expenditures categories are listed as a part of the budget page. • The Cedarvale Special Services Fund is supported by the Special Services District Tax Levy. There are no tax levies related to any of the other funds. ATTACHMENTS: • Housing Revenue Bond Fund Budget on page. • Police Forfeiture Fund Budget on page • Housing and Redevelopment Authority Fund Budget on page • Recycling Fund Budget on page r c-0 . • Economic Recovery Grant Fund Budget on page • Cedarvale Special Services Fund Budget on page • Cable TV Franchise Fee Fund Budget on page This fund is used to account for the proceeds of the annual fee equal to 1/8 of 1% of the outstanding principal balance of the revenue bonds or obligations issued to finance multi -family housing developments. Annual expenditures are for payment to the Dakota County HRA for monitoring rent restrictions. Per current policy, the fund will be used to finance future housing -related developments within the City. 1994 A Fund Balance, Beginning of Year $599,848 Revenues: Housing Bond Fees $70,189 Interest on Investments 33,225 Total Revenues $103,414 Expenditures: Monitoring Fee $2,700 Total Expenditures $2,700 Fund Balance, End of Year __$700,562 1995 1996 1997 Actual Budget Budget $700,562 $806,799 $913,799 $68,009 $70,000 $65,000 41,048 40,000 45,000 $109,057 $110,000 $110,000 $2,820 $3,000 $3,000 $2,820 $3,000 $3,000 �a806,799 $913,799 $1,020,799 i3 114 Police Forfeiture Fund This fund was created to account for money received from the court system and restricted to police operations. It is expected that transfers will be made from this fund to the General Fund where eligible expenditures are made. Revised 1994 1995 1996 1997 Actual Actual Budget Budget Fund Balance, Beginning of Year $71,550 $55,727 $60,772 $29,272 Revenues: Fines & Forfeits Interest on Investments Total Revenues Financing Uses: Transfer to Other Funds Total Financing Uses Fund Balance, End of Year $179 $1,818 $0 $0 3,458 3,227 3,000 1,000 $3,637 $5,045 $3,000 $1,000 $19,460 $55,727 $0 $0 $60,772 $34,500 $34,500 $29,272 $0 .V- 116 Housing and FtOmloo, ment ALdhoft Fund This fund was established to account for the tax increment financing proceeds and expenditures for the Cinnamon Ridge Apartments interest rate reduction program. 1994 1995 1996 1997 Actual Actual Budget Budget Fund Balance, Beginning of Year $75,536 $88,430 $91,358 $91,858 Revenues: Property Taxes - Tax Increment $173,366 $175,990 $175,000 $175,000 Interest on Investments 474 1,447 500 1,000 Total Revenues $173,840 $177,437 $175,500 $176,000 Expenditures: Bond Trustee Payment $160,946 $174,509 $175,000 $175,000 Total Expenditures $160,946 $174,509 $175,000 $175,000 Fund Balance, End of Year ;88,43091 358 $91,858 $92,858 $1,056,922 $1,229,008 $1,404,008 $1,579,008 Year -End Receivable The Recycling Fund was created to account for the implementation and ongoing operation of the City's recycling program. All grant funds and related revenue and expenditures are consolidated into this fund to allow proper accounting and reporting for the program. Personal services expenditures relating to recycling and solid waste abatement activities are recorded in the Administration Department in the General Fund. Total Revenues Expenditures: 1994 1995 1996 1997 4230 Actual Actual Budget Budget Fund Balance, Beginning of Year $26.955 $18,225 $29,480 $29,480 Revenues: General Printing and Binding 4396 Building Rental 4411 3340 State Grants $0 $0 $0 $0 3358 Solid Waste Abatement Grant 17,859 34,054 35,700 38,700 3360 Special Assistance Grants 0 20,714 0 0 3810 Interest on Investments 1,846 1,769 1,100 2,000 3880 Other Revenue 0 250 0 0 Total Revenues Expenditures: 4215 Reference Material 4220 Operating Supplies - General 4230 Repair/Maintenance Supplies 4330 Postage 4331 Telephone 4337 Personal Auto/Parking 4340 General Advertising 4350 General Printing and Binding 4396 Building Rental 4411 Conference and Schools 4412 Local Meeting Expense 4414 Dues and Subscriptions 4421 Recycling Awards 4450 Other Contractual Services 4570 Other Equipment 4840 Merchandise for Sale Other Financing Uses: 7,000 Transfer Out Total Expenditures & Other Financing Uses Fund Balance, End of Year $19,705 $56,787 $36,800 $40,700 $14 $0 $100 $0 394 3442 200 250 151 0 0 0 1,073 3,057 3,000 3,000 0 0 100 0 314 46 500 500 1,266 2,295 1,500 850 6,320 11,065 7,000 9,000 1,210 1,320 1,300 0 425 609 300 300 131 337 500 400 153 215 200 200 0 517 0 150 11 300 500 0 573 200 0 190 0 0 0 16,644 22,045 21,600 23,700 $28,435 $45,532 $36,800 $38,700 $18,225 X29,480 _ $29,480 X31,480 I� This fund opened in 1995 with a grant from the State to establish a revolving loan fund for local businesses for the purpose of economic development Loan recipients must meet certain requirements as set forth by the State for this program. A ten-year $250,000 loan was made with State funds to an Eagan business in 1995 to initiate the program. The loan was paid in full in 1996. Under the terms of the agreement with the State, $100,000 in principal plus interest collected to the point of payoff, will remain in the fund for loans to other qualifying businesses. The balance of the principal was returned to the State. Revised 1996 1997 Budget Budget Revenues: Principal $215,947 $0 Interest 6,645 11,000 222,592 11,000 Expenditures: $150,000 $0 Excess of Revenue over Expenditures _ $72,592 $11,000 This fund was established in 1996 for the purpose of accounting for taxes collected and expenditures made pertaining to the Cedarvale area special services tax district established In 1995. The primary purpose of the tax district is to provide signage, sign maintenance and turf maintenance for the Cedarvale shopping center. 1996 1997 Budget Budget Fund Balance, Beginning of Year 0 ($8,900) Revenues: Special Services District Taxes $11,800 $11,800 Expenditures: Signage 15,700 0 Mowing 3,000 3,000 Sign Maintenance 2,000 2,000 20,700 5,000 Excess of Revenue over Expenditures ($8,900) $6,800 Fund Balance, End of Year {$8,900) $6,800 NOTE: The City is financing the 1996 signage expenditure over three years for the Special Services District members. The full amount of the signage expenditure is reflected in 1996. 196 Cable TV Franchise Fee Fund This fund was established to account for franchise fees paid to the City from Meredith Cable, Inc. The money is restricted for cable television related activities, primarily the City's share of the funding of the BumsvillatEagan Cable Communications Commission. 1994 1995 1996 1997 Actual Actual Budget Budget Fund Balance, Beginning of Year $604,046 $763,851 $720,758 $862,958 Revenues: Cable TV Franchise Fees $229,849 $232,774 $250,000 $260,000 Interest on Investments 39,483 41,846 35,000 45,000 Total Revenues $269,332 $274,620 $285,000 $305,000 Expenditures: BECCC Payment $68,489 $72,625 $78,600 $80,000 Other 0 2,858 0 0 Other Financing Uses: Transfer to General Fund 41,038 40,941 64,200 $48,800 Transfer to Municipal Exp. Fund 0 201,289 0 0 Total Expenditures $109,527 $317,713 $142,800 $128,800 Fund Balance, End of Year 5763,851 $720758 ;862,958 $1,039,158 �i Agenda Information Memo December 16, 1996 Eagan City Council Meeting C. 1997 LICENSE RENEWALS FOR REFUSE HAULERS, TOBACCO/CIGARETTE SALES TREE CONTRACTORS_ STABLE LICENSE - DIAMOND T RANCH ACTION TO BE CONSIDERED: To approve the 1997 license renewals for refuse haulers, tobacco/cigarette sales, tree contractors and a stable license for Diamond T Ranch, as presented. FACTS: The City annually licenses parties doing business in the above -referenced categories. These licenses are in order for review by the Council at this time. ISSUES: The operation of the Diamond T Ranch requires both a conditional use permit and a stable license. Staff has received a complaint concerning the handling of manure at the Diamond T which may violate its conditional use permit. The investigation of the complaint is in process and the results will be forwarded for consideration by the City Council. While it is hoped that this issue can be resolved within the context of the conditional use permit, it is advisable that the Council condition its approval of the Diamond Stable permit on the successful resolution of this complaint. If this item is approved, this contingency will be noted before this license. ATTACHMENTS: • Refuse hauler licensees on pages through 9 0. Tobacco/cigarette sales licensees on pages .*73 through. • Tree contractor licensees on pages through 0. QO 1997 License Renewals Refuse Haulers Residential (including multi -family homes with individual unit service) Aagard Environmental Mike's Disposal-UWS 3291 Terminal Drive 19784 Kenrick Ave. Eagan, MN 55121 Lakeville, MN 55044 686-2371 469-2833 Action Disposal -BFI Quality Waste Control 4325 E. 66th. St. 1901 W. 144th St. Inver Grove Heights, MN 55076 Burnsville, MN 55036 455-8634 435-3454 Dick's Sanitation Service Triangle Services (Lakeville Sanitation) 1881 Lexington Ave. 21338 Dodd Blvd. Mendota Heights, MN 55118 Lakeville, MN 55044 454-1848 469-2239 Waste Management -Savage Eagan Sanitation/Roadway Rubbish 12448 Pennsylvania Ave. S. 2400 Dodd Rd. Savage, MN 55378 Mendota Heights, MN 55120 890-1100 454-7152 Wildwood Sanitation Knutson Rubbish Service Box 176 15120 Chippendale Ave. Newport, MIST 55055 Rosemount, MN 55068 459-7926 423-2294 Mendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MIST 55024 437-6786 Commercial (including multi -family units with dumpster service) Aagard Environmental 3291 Terminal Dr. Eagan, MN 55121 686-2371 Action Disposal -BFI 4325 E. 66th St. Inver Grove Heights, MN 55076 455-8634 All Star Disposal 7845 E. Boyd Court Inver Grove Heights, MN 55076 455-4941 Aspen Waste Systems, Inc. 2523 Wabash Ave. Minneapolis, MN 55144 644-3488 CEJ Roll -Off P.O. Box 41 Belle Plain, MN 56011 873-2873 Dick's Sanitation dba Lakeville Sanitation 21338 Dodd Blvd. Lakeville, MN 55044 469-2239 Eagan Sanitation/Roadway Rubbish 2400 Dodd. Rd. Mendota Heights, MN 55120 454-7152 Knutson Rubbish Service-UWS 15120 Chippendale Ave. Rosemount, MN 55068 423-2294 Haul Tech Environmental 7675 W. Highway 13 Savage, MN 55378 890-9616 Highland Sanitation/Recycling 1811 Century Ave. Newport, MN 55055 458-0043 Lightning Disposal 333 14th Ave. S. So. St. Paul, MN 55075 457-4434 K.O. Sanitation/Recycling 1811 Century Ave. Newport, MN 55055 459-0120 Mendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MN 55024 437-6786 Quality Waste Control 1901 W. 144th St. Burnsville, MN 55036 435-3454 Randy's Sanitation P.O. Box 169 Delano, MN 55328 479-3335 Triangle Services 1881 Lexington Ave. Mendota Heights, MN 55118 454-1848 United Waste Transfer, Inc: UWS 95 W. Ivy St. Paul, MN 55117 227-6394 Waste Management -Savage 12448 Pennsylvania Ave. S. Savage, MN 55378 890-1100 CITY OF EAGAN 1997 TOBACCO SALES LICENSE RENEWALS # OF OVER LICA LOCATION VENDOR MACH. COUNTER 2653 AMOCO OIL #2375 ACA MGMT 1 1424 YANKEE DOODLE RD. 2288 W. CTY RD C EAGAN, MN 55121 ROSEVILLE, MN 55113 452-7944 636-3350 2604 APPLEBEE'S NEIGHBORHOOD BARIGRILL APPLE AMERICAN LTD./MN 1 1335 TOWN CENTRE DR. 4551 W. 107TH ST, #100 EAGAN, MN 55122 OVERLAND PARK, KS 66207 686-7022 913-967-4000 2605 BIG TOP LIQUORS APPLEBAUM CO., INC. 1 3900 BEAU DE RUE DRIVE 1574 UNIVERSITY AVE. EAGAN, MN 55122 ST. PAUL, MN 55104 454-7282 644-4501 2606 BIG TOP WINE & SPIRITS SIDCO, INC. 1 1282 TOWN CENTRE DRIVE 1574 UNIVERSITY AVE. EAGAN, MN 55123 ST. PAUL, MN 55104 681-1916 644-4501 2607 BLACKHAWK LIQUORS, INC. ASMITA C PATEL 1 4130 BLACKHAWK RD. #100 4130 BLACKHAWK RD. EAGAN, MN 55122 EAGAN, MN 55122 686-4612 2608 BROOKS SUPERETTE #43 RETAIL FOODS OF MINNESOTA 1 3390 COACHMAN RD #202 1511 EXCELSIOR AVE. E. #102 EAGAN, MN 55122 HOPKINS, MN 55343-2052 688-2001 935-2060 2657 BYERLY'S BYERLY'S 1 1299 PROMENADE PLACE 1299 PROMENADE PLACE EAGAN, MN 55121 EAGAN, MN 55121 2609 CASPER'S CHEROKEE SIRLOIN ROOM HAROLD F. AWE 1 4625 NICOLS RD. 476 S. SNELLING AVE #2 EAGAN, MN 55122 ST. PAUL, MN 55105 454-6744 698-5591 2610 CEDAR CLIFF AMOCO ROBERT SCHLANGEN 1 4600 SLATER RD. 4600 SLATER RD. EAGAN, MN 55122 EAGAN, MN 55122 894-5330 2611 CEDARVALE TEXACO FOOD MART WAEL ANSARI 1 3830 SIBLEY MEMORIAL HWY. 3830 SIBLEY MEMORIAL HWY. EAGAN, MN 55122 EAGAN, MN 55122 681-1488 2612 CEDARVALE LANES D.V.M., INC. 1 3883 BEAU DE RUE DR. 296 NO. PASCAL EAGAN, MN 55122 ST, PAUL, MN 55104 452-7520 645-1111 3 I # LOCATION 2659 CELLARS WINE & SPIRITS 2621 2113 CLIFF ROAD EAGAN, MN 55122 2613 CUB FOODS 1940 CLIFF LAKE RD. EAGAN, MN 55122 2622 454-4606 2614 DIAMOND T RANCH 4889 PILOT KNOB RD. 2656 EAGAN, MN 55122 2624 454-1464 2615 DUCKWOOD 66 3575 PILOT KNOB RD. EAGAN, MN 55122 2654 452-4836 2616 EAGAN E -Z STOP 4195 NICOLS RD. EAGAN, MN 55122 452-9309 2617 EAGAN AMOCO 4205 NICOLS RD. EAGAN, MN 55122 452-8061 FINA SERVE #590 2618 4250 LEXINGTON AVE. EAGAN 55123 2619 # 576 - 3150 DODD RD. EAGAN 55121 2620 # 594 - 1286 LONE OAK RD. EAGAN 55121 2658 GREEN MILL RESTAURANT a� VENDOR CELLARS WINE & SPIRITS 2113 CLIFF ROAD EAGAN, MN 55122 SUPER VALU STORES, INC. 11840 VALLEY VIEW RD. EDEN PRAIRIE, MN 55344 JERRY THOMAS 4889 PILOT KNOB RD. EAGAN, MN 55122 PHILLIPS 66 CO. P.O. BOX 199 BARTLESVILLE, OK 74004 CROWN COCO INC. 319 ULYSSES ST. NE MINNEAPOLIS, MN 55413 331-9744 SO. FRANCE LTD, INC. 3901 W. 70TH ST. EDINA, MN 55435 TWIN CITIES STORES, INC. ATTN: PATRICIA JENSEN 2020 SILVER BELL RD #23 EAGAN, MN 55122 452-9161 GREEN MILL RESTAURANT 1940 RAHNCLIFF CT. EAGAN, MN 55123 PERRIER & ASSOC. INC. 1960 CLIFF LAKE RD. #101 EAGAN, MN 55122 HOLIDAY COMPANIES 4567 W. 80TH ST. MINNEAPOLIS, MN 55437 AMERICAN AMUSEMENT ARCADES 850 DECATUR AVE NO. GOLDEN VALLEY, MN 55427 544-5200 MME, INC. 6117 OAKWOOD RD. WOODBURY, MN 55125 MACH. COUNTER 1 1 # OF OVER 1 1 1 1 1 1 1 1 1 1 1 1940 RAHNCLIFF CT. EAGAN, MN 55123 2621 GREAT NORTHERN SPIRITS 1960 CLIFF LAKE RD. #101 EAGAN, MN 55122 452-7747 HOLIDAY STATIONSTORE #232 2622 4594 NICOLS RD. 452-0267 EAGAN 55122 2623 #247 - 3615 PILOT KNOB RD. EAGAN 55122 683-9936 2656 #68 -1065 DIFFLEY RD. EAGAN 55123 2624 J. DOOLITTLES 2140 CLIFF RD. EAGAN, MN 55122 452-6627 2654 KENNY'S LIQUOR 1444 YANKEE DOODLE RD. EAGAN, MN 55121 a� VENDOR CELLARS WINE & SPIRITS 2113 CLIFF ROAD EAGAN, MN 55122 SUPER VALU STORES, INC. 11840 VALLEY VIEW RD. EDEN PRAIRIE, MN 55344 JERRY THOMAS 4889 PILOT KNOB RD. EAGAN, MN 55122 PHILLIPS 66 CO. P.O. BOX 199 BARTLESVILLE, OK 74004 CROWN COCO INC. 319 ULYSSES ST. NE MINNEAPOLIS, MN 55413 331-9744 SO. FRANCE LTD, INC. 3901 W. 70TH ST. EDINA, MN 55435 TWIN CITIES STORES, INC. ATTN: PATRICIA JENSEN 2020 SILVER BELL RD #23 EAGAN, MN 55122 452-9161 GREEN MILL RESTAURANT 1940 RAHNCLIFF CT. EAGAN, MN 55123 PERRIER & ASSOC. INC. 1960 CLIFF LAKE RD. #101 EAGAN, MN 55122 HOLIDAY COMPANIES 4567 W. 80TH ST. MINNEAPOLIS, MN 55437 AMERICAN AMUSEMENT ARCADES 850 DECATUR AVE NO. GOLDEN VALLEY, MN 55427 544-5200 MME, INC. 6117 OAKWOOD RD. WOODBURY, MN 55125 MACH. COUNTER 1 1 # OF OVER 1 1 1 1 1 1 1 1 1 1 1 LIC.# 2625 2626 2627 2628 2629 2630 2631 2632 2655 2633 2634 2635 2636 keleli A 9 • LAFONDA'S 3665 SIBLEY MEM. HWY EAGAN, MN 55122 452-0334 LANXANG ORIENTAL GROCERY 3904 BEAU D'RUE DR. EAGAN, MN 55122 454-0390 LIQUOR SHOPPE 4250 LEXINGTON AVE. S. EAGAN, MN 55123 452-7263 LOST SPUR COUNTRY CLUB 2750 SIBLEY MEMORIAL HWY. EAGAN, MN 55121 454-2330 McG'S 1969 SILVER BELL RD. EAGAN, MN 55122 452-6413 MGM LIQUOR WAREHOUSE/SPIRITS 4182 PILOT KNOB RD. EAGAN, MN 55123 454-3346 PDQ #214 4198 PILOT KNOB RD. EAGAN, MN 55123 452-5846 RAINBOW FOODS 1276 TOWN CENTRE DR. EAGAN, MN 55123 452-9506 SILVER BELL LIQUOR 1983 SILVER BELL RD. EAGAN, MN 55122 RUDY'S SINCLAIR 3946 NICOLS RD. EAGAN, MN 55122 SNYDER DRUG STORE #32 3914 SIBLEY MEMORIAL HWY. 454-5600 EAGAN, MN 55122 #61 -1565 CLIFF RD. 452-9541 EAGAN, MN 55122 STARKS SALOON GARY STARKS 3125 DODD RD. 3125 DODD RD. EAGAN, MN 55121 EAGAN, MN 55121 454-8251 VENDOR MACH, COUNTER D.V.M. INC. 2 296 N. PASCAL ST PAUL, MN 55104 645-1111 THANOM KEOHAVONG 1 1325 -79TH AVE N. BROOKLYN PARK, MN 55444 # OF OVER MARINA GORINA 1 1536 HEWITT AVE. ST PAUL, MN 55104 HAROLD F. AWE CO., INC. 2 476 S. SNELLING AVE #2 ST. PAUL, MN 55105 698-5591 WILLIAM McGUIRE 1 1969 SILVER BELL RD. EAGAN, MN 55122 JOHN W. TESLAW 1 MGM LIQUOR WAREHOUSE 4182 PILOT KNOB RD. EAGAN, MN 55123 PDQ FOOD STORES OF MN, INC. 1 5270 W 84TH ST #260 BLOOMINGTON, MN 55437 835-0300 FLEMING COMPANIES, INC. 1 1515 EXCELSIOR AVE. EAST HOPKINS, MN 55343 ELEANOR BLOMME 1 1 5822 W. OLD SHAKOPEE RD. BLOOMINGTON, MN 55437 DAVID M. GRAHAM 1 RUDY'S SINCLAIR 3946 NICOLS RD SNYDER DRUG STORES, INC. 1 14525 HWY. #7 MINNETONKA, MN 55345 1 1 LIC:# ' 'LOCATION 2642 TEXACO SUPERSTORE SUPERAMERICA #4049 2637 4200 E. HWY. 13 EAGAN, MN 55122 2638 #4182 - 1406 YANKEE DOODLE RD. 452-9853 2643 EAGAN, MN 55121 2639 #4335 -1379 TOWN CENTRE DR. 688-2870 EAGAN, MN 55123 2640 #4464 - 2250 CLIFF RD. 882-9908 EAGAN, MN 55122 2641 TARGET 2000 CLIFF LAKE RD. 2645 EAGAN, MN 55122 688-8706 2642 TEXACO SUPERSTORE SUPERAMERICA GROUP, INC. BIRCH BRU INC., DEB JOHNSON 1240 W. 98TH ST. BLOOMINGTON, MN 55431 AOF TARGET STORES ATTENTION: FINANCIAL REPORTING,CC-24H 33 SO. SIXTH ST. P. 0. BOX 1392 MINNEAPOLIS, MN 55440-1392 YOCUM OIL CO. 2719 STILLWATER RD. ST. PAUL, MN 55119 739-9141 LARRY SCHONHER 1762 TURQUOISE TR. EAGAN, MN 55122 TOM THUMB FOOD MARKETS, INC. 110 E. 17TH ST. HASTINGS, MN 55033 AVANTI PETROLEUM 8148 PILLSBURY AVE S MINNEAPOLIS, MN 55420 D.V.M., INC. 1 296 NO. PASCAL ST. PAUL, MN 55104 645-1111 WAL-MART STORES INC. DEPT. 8013 BENTONVILLE, AR 72716-8013 WALGREEN CO. 300 WILMOT RD. DEERFIELD, IL 60015 ATTN: TAX DEPT. a� COUNTER 1 1 1 1 OVER 1 1 1 1 1 1 1 1 1 1579 CLIFF RD. EAGAN, MN 55122 687-9520 2643 TOBAK SHACK 3950 SIBLEY MEMORIAL HWY. EAGAN, MN 55122 454-2684 TOM THUMB #166 452-4874 2644 1446 YANKEE DOODLE RD. EAGAN, MN 55121 2645 #259 - 2125 CLIFF RD. 454-4868 EAGAN, MN 55122 2646 #273 -1815 DIFFLEY RD. 688-2177 EAGAN, MN 55122 TOTAL 2647 4206 NICOLS RD. 454-3234 EAGAN, MN 55122 2648 2000 RAHNCLIFF CT. 452-1632 EAGAN, MN 55122 2649 VALLEY LOUNGE 3385 SIBLEY MEMORIAL HWY. EAGAN, MN 55122 454-2760 2650 WAL-MART #1786 1360 TOWN CENTRE DR. EAGAN, MN 55121 686-7428 WALGREENS 2651 1278 TOWN CENTRE DR. 452-2839 EAGAN, MN 55123 2652 2010 CLIFF RD. 686-6695 EAGAN, MN 55122 SUPERAMERICA GROUP, INC. BIRCH BRU INC., DEB JOHNSON 1240 W. 98TH ST. BLOOMINGTON, MN 55431 AOF TARGET STORES ATTENTION: FINANCIAL REPORTING,CC-24H 33 SO. SIXTH ST. P. 0. BOX 1392 MINNEAPOLIS, MN 55440-1392 YOCUM OIL CO. 2719 STILLWATER RD. ST. PAUL, MN 55119 739-9141 LARRY SCHONHER 1762 TURQUOISE TR. EAGAN, MN 55122 TOM THUMB FOOD MARKETS, INC. 110 E. 17TH ST. HASTINGS, MN 55033 AVANTI PETROLEUM 8148 PILLSBURY AVE S MINNEAPOLIS, MN 55420 D.V.M., INC. 1 296 NO. PASCAL ST. PAUL, MN 55104 645-1111 WAL-MART STORES INC. DEPT. 8013 BENTONVILLE, AR 72716-8013 WALGREEN CO. 300 WILMOT RD. DEERFIELD, IL 60015 ATTN: TAX DEPT. a� COUNTER 1 1 1 1 OVER 1 1 1 1 1 1 1 1 1 CITY OF EAGAN 1997 RENEWALS LICENSED TREE CONTRACTORS 1. Shorewood Tree Service 001 26640 Smithtown Rd. Excelsior, MN 55331 612-474-6651 2. S & S Tree Specialists 002 6214 Concord Blvd. E. Inver Grove Hts., MN 55076 612-451-8907 3. Davey Tree Expert Company 003 1500 N. Mantua St. Box 5193 Kent, OH 44240 (216) 673-9511 4. The Tree -Stump Co. 004 Robert Hutcheson 13677 Dan Patch Dr. Savage, MN 55378 447-6187 5. Roggenbuck Tree Service 007 3967 Westbury Way Eagan, MN 55123 454-9570 6. Huston's Tree Service 008 13404 Oakland Drive Burnsville, MN 55337 953-4859 7. Sherwood Tree Service 009 12195 Upper 167th St. Lakeville, MN 55044 898-1988 8. Ciardelli Tree & Landscaping 010 1200 Duckwood Tr. Eagan, MN 55123 456-9734 9. Outdoor Specialties Inc. 006 560 Lone Oak Rd. Eagan, MN 55121 454-4500 /1 10. Cardinal Tree Service 011 20988 Iteri Ave. W. Lakeville, MN 55044 Agenda Information Memo December 16, 1996 Eagan City Council Meeting D. HAULER LICENSE FOR CONSTRUCTION/DEMOLITION DEBRIS FOR TENNIS ROLL -OFF L.L.P., G. LOGAN & SONS HAULING AND WILLIES DUMPSTER ACTION TO BE CONSIDERED: To approve hauler licenses for construction/demolition debris for Tennis Roll -off L.L.P., G. Logan & Sons Hauling and Willies Dumpster. FACTS: As a consequence of the Council's decision to license construction/demolition debris haulers earlier this year, the City continues to receive applications from firms providing this service within the City. ATTACHMENTS: • Application forms enclosed without page number. Agenda Information Memo December 16, 1996 Eagan City Council Meeting E. APPROVAL OF AMENDMENTS TO THE SUBURBAN TRANSIT AUTHORITY JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: To approve the amendments to the Suburban Transit Authority (STA) Joint Powers Agreement FACTS: In November of 1995, the City Council approved a joint powers agreement creating the STA. • The STA Board of Directors has approved several amendments to the agreement which need approval by member cities before the proposed amendments are operative. ATTACHMENTS: • A memo from Bob Renner, Jr., STA Legislative Consultant, explaining the amendments is enclosed on pages 3 1 through 3Z. • A copy of the agreement with deleted language stricken and new language underlined is enclosed on pages S 3- through '40 . • A copy of the resolution approving the amendments is enclosed on page. 3D M M ESSERLI & KRAM ER P. A. ATTORNEYS AT LAW WILLIAM F. MESSERLI ROSS E. KRAMER LEAGUE OF MINNESOTA CITIES BUILDING TOM TOGAS RONALD D. PETERSON SUITE 450 MARK S. LARSON RERDAR,JR. ROBERTGEORGE R. GEORGE R. SERDAR 145 UNIVERSITY AVENUE WEST SANDRA L. NEREN CHRISTOPHER B. HUNT ST. PAUL, MINNESOTA 55103-2044 JAMES C. WICK^ DANIEL J. GOLDBERG 612 228'9757 JOSEPH S. NIERENDERG WILLIAM C. HICKS FACSIMILE (612) 228-9787 WILLIAM M. HABICHT JOHN W. LANG PAUL W. ANDERSON AUTHORIZED TO PRACTICE LAW IN MINNESOTA. WISCONSIN, ILLINOIS. IOWA. SOUTH DAKOTA. FLORIDA AND WASHINOTON. D.C. WRITERS DIRECT DIAL NUMSER MEMORANDUM DATE: November 26, 1996 TO: STA Members FROM: Bob Renner, Jr. STA Legislative Consultant RE: Amendments to the Suburban Transit Association Joint and Cooperative Agreement JOSEPH W. L^WVER R. TERRI MANDEL GARY W. DECKER ANN M. SETNES JOHN F. APiTZ VINCENT G. ELLA LINDA S. JENSEN LEANNE G. LITFIN WILLIAM D. BUTLER JEFFREY M. ELLIS MACH ULI KA JAI MARTIN A. MUENZMAIER LYNN M. NICHOLS ALICIA R. DRAKE STEPHANI M. HINZE OF COUNSEL DANIEL S. KLEINBERGER Please find attached a resolution which should be adopted by your city council. This resolution executes an amended Joint and Cooperative Agreement creating the Suburban Transit Association (STA). After its adoption, please mail a signed copy of the resolution to my assistant, Jennifer Peterson, in the enclosed envelope. The STA Board of Directors approved several amendments to the Joint and Cooperative Agreement at its November 20, 1996 meeting. I have attached a copy of the Agreement with deleted language stricken and new language underlined. It is necessary for all cities that signed the original Agreement to adopt the attached resolution before the proposed amendments are operative. A brief explanation of the amendments follows. ARTICLE 8. SECTION 8.1 This section is amended by deleting the requirement that an annual organizational meeting be held each October. The October date was awkward because members and officers of the STA elected in October may be defeated in city elections held in November. If this amendment is adopted, the annual organizational meeting will be held after the general election in November. 31 A ARTICLE 10, SECTION 10.2 The date when dues to the STA are due has been changed from October to January 15 of the subsequent year. This date change is necessary since the amount of dues will not be set until the Board of Directors approved dues at the organizational meeting held in November or December. ARTICLE 10, SECTION 10.3 This amendment is substantive. The current Agreement states that the STA budget is deemed approved unless a party to the Agreement withdraws in writing by September 15. The amendment proposes that the Board approve the annual budget at its organizational meeting in November or December. ARTICLE 11, SECTION 11.1 This amendment changes the effective date for withdrawal of a member from October 1 to December 31. The date by which a member must notify the STA of its intent to withdraw remains September 15. This amendment was made because the dues paid by each member covers membership from January 1 to December 31. I appreciate your cooperation in this amendment process. If you have any questions, please call me or Lynn Nichols at 228-9757. RGR jjp-.WW-1.Wb 1 e 3a November, 1995 JOINT AND COOPERATIVE AGREEMENT PRELIMINARY STATEMENT The Parties to this Agreement are governmental units of the State of Minnesota Minnesota Statute §471.59 permits two or more sub -units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the Parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of programs on matters of mutual concern and interests. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities and affiliate members, such as transit commissions or associations previously created by a joint powers agreement, to jointly and cooperatively develop programs on matters of mutual concern and interest, and identify, review, and to actively oppose proposals which may be in conflict with the interests of the members. The organization formed pursuant to this Agreement will be funded by member municipalities' contributions to be used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the membership. ARTICLE 2. The Parties hereto agree to establish an organization to be known as the Suburban Transit Association to carry out the objectives of this Agreement. 35 ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. 3.1) "Board" means the governing body of the Association. 3.2) "Association" means the organization created pursuant to this Agreement. 3.3) "Authority" means the governing body of a Party. 3.4) "Board Members" means the persons appointed pursuant to this Agreement to serve as Members of the Board. 3.5) "Party" means a municipality which has entered into this Agreement. 3.6) "Affiliate Member' means an organization, commission, association or municipality which has entered into this Agreement, but does not have the same voting rights and privileges as a Party. ARTICLE 4. ADDITIONAL PARTIES Any other organization, commission, association or municipality may become a Party or Affiliate Member upon approval by a majority of the then Parties and upon full payment of the annual dues. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the Association Chair. This Agreement shall become effective upon approval by at least two (2) Parties, or on October 1, 1995, whichever is sooner. ARTICLE 6. POWERS AND DUTIES OF THE ASSOCIATION The powers and duties of the Association shall include the powers set forth in this article. 6.1) It may establish legislative programs embodying proposed legislation and positions on proposed legislation. 2 6.2) It may take such action as it deems necessary and appropriate to accomplish the general purposes of this Association. 6.3) It may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such as legislators, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Association. 6.4) It may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. 6.5) It may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. 6.6) It may enter into any contracts deemed necessary by the Board to carry out its powers and duties, subject to the provisions of this Agreement. 6.7) It may contract with any of the Parties or others to provide space, services, or materials on its behalf. Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.8) It may accept gifts, apply for grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.9) It shall cause an annual audit of the books of the Association to be made by an indepehdent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make an annual financial accounting and report in writing to the Parties. Its books and records shall be available for and open to the examination by the Parties at all reasonable times. It shall establish the annual budget for the Association as provided in this Agreement. 6.10) It may establish and delegate authority to a Committee(s) between Association meetings. Such delegation of authority shall be by resolution of the Board and may be reconditioned in such manner as the Board may determine. 6.11) It may exercise any other power necessary and incidental to the implementation of its powers and duties. 3 ARTICLE 7. BOARD OF MEMBERS 7.1) The governing body of the Association shall be its Board of Members. Each Party shall be entitled to one Board Member. Each Board Member shall have one (1) vote. The Authority of each Party shall appoint its one (1) Board Member, who shall be an active Council or Authority member. A preference should be made by the Authority to appoint council members who also serve on a transit commission or association previously created by a joint powers agreement to serve on the Board of Members. Board Members shall serve without compensation from the Association. 7.2) Proxy voting by a Board Member's designee shall be permitted. 7.3) Each Board Member shall serve until that Board Member's successor is appointed and assumes his or her responsibilities. Board Members shall serve at the pleasure of the Party appointing them. When a Party appoints a Board Member, it shall give notice of such appointment to the Association's Secretary/Treasurer. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Association. 7.4) A simple majority of the Board of Members shall constitute a quorum of the Board. 7.5) A vacancy on the Board shall be filled by the Authority of the Party whose position on the Board is vacant. ARTICLE 8 MEETINGS 8.1) The Association shall meet at least semi-annually and shall hold an annual organizational meeting in GetebbeF. 8.2) The Board shall adopt Bylaws governing its procedures, including the time, place, and frequency of its regular meetings. Such Bylaws may be amended from time to time. Gl 3�o 8.3) Special meetings of the Board may be called (a) by the Chair or (b) by the Board upon written request of the majority of the Board Members. Three (3) days' written notice of special meetings shall be given to the Board Members. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a special meeting. 8.4) Notice of regular meetings of the Board shall be given to the Board Members by the Secretaiyfrreasurer at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. ARTICLE 9. OFFICERS 9.1) Number, Election, Qualifications - The officers of the Association shall consist of a Chair, Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board. The Chair and Vice Chair shall hold office until the next annual election of officers and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation, or removal. The Secretary/Treasurer's term shall commence on January 1 of the following year and end on December 31 of that year. All officers shall be Board Members. New officers shall take office at the adjournment of the annual meeting of the Association at which they were elected, with the exception of the Secretary/Treasurer who shall take office on the first day of January of the following year. Not more than one Board Member of a Party shall be elected an officer during the same term. Any officer who ceases to be a Board Member shall at the same time cease to be an officer. If re-elected, officers may serve for more than one year. 9.2) Resignation - Any officer of the Association may resign at any time by giving written notice of his/her resignation to the Board, to the Chair, or to the Secretary/Treasurer of this Association. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board Chair, or to the SecretaryPh ensurer. The acceptance of a resignation shall not be necessary to make it effective. 9.3) Removal - Any officer may be removed, with or without cause, by a vote of four-fifths (4/5) of the total number of Board Members, at any meeting of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Board Members of this Association are present at the meeting. 5 31 9.4) Vacancies - A vacancy in any office because of disqualification, death, resignation, or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. 9.5) Chair; Vice Chair - The Chair shall preside at all meetings of the Association and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Association. The Vice Chair shall act as Chair in the absence of the Chair. 9.6) SecretaryfI'reasurer - The Secretary/Treasurer shall be responsible for keeping a record of all of the proceedings of the Association. The Secretary/Treasurer shall send written notice and material pertaining to agenda items to each Board Member. He/She shall have custody of the Association's funds, shall pay its bills, and keep its financial records, and generally conduct the financial affairs of the Association. The Secretary/ Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Association. Orders, checks, and drafts of the Association shall be issued in accordance with the financial practices applicable to the member city from which the SecretaryfDreasurer is elected. In conducting the Association's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with general accepted accounting principles. The Secretary/Treasurer's reports, including any bills or claims to be acted upon by the Association, shall be distributed to all Board Members. Any persons may be engaged to perform such services under the SecretaryPl'reasurer's supervision and direction, when authorized by the Association. 9.7) Other officers - The Association may appoint such other officers as it deems necessary. All such officers shall be Board Members. 9.$) Committees - The Association may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE 10. FINANCIAL MATTERS 10.1) Association funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Legal instruments shall be executed with authority of the Board, by any two (2) officers. 6 10.2) The financial contributions of the Parties in support of the Association shall be per capita Each of the Parties shall pay to the Association an amount as determined by the Board at its annual meeting not to exceed $.20 per capita by 9eteber- January 15 of the subsequent year of eaek ye" based upon the most recent Metropolitan Council population estimates. The financial contributions of Affiliate Members shall be determined by the Board. These amounts may be used by the Association to pay all legal and consultant costs and expenses and other expenses as approved by the Board. The Board may authorize changes in the per capita charge for all members upon majority vote. 10.3) A proposed budget shall be formulated by the Board and submitted to the Parties on or before August 1 of each calendar year. Seeh budget the yeai- kwelved, the P&Ay gives astiee in writing te 6—hp- R-e—erJ- *—h -at it- . Final action adopting a budget for the ensuing calendar year shall be taken by the Board sa--e-r- be-fere- at efereat the Aeteber- organizational meeting each year. 10.4) Any Party may inspect and copy the Association books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. ARTICLE 11 WITHDRAWAL 11.1) Withdrawal - Any Party or Affiliate Member may withdraw from this Agreement effective on Oeteber- 1 December 31 of any year by giving notice pursuant to Section 2 of this Article prior to September - the -pr-eeediag-yeSeptember 15. 11.2) Notice - In order to effectuate a withdrawal, a Party or Affiliate Member withdrawing from the Association shall give written notice to the Chair of the Association, served personally on the Chair or addressed to the Chair at the address shown on the records of the Association, and by giving with such notice, a copy of a resolution of its Council stating its decision to withdraw from the Association. The withdrawal shall be effective upon actual receipt by the Chair and each officer of such notice and resolution. The withdrawing Party shall have the responsibility for such actual receipt by the Chair and each officer. Upon receipt of such notice and resolution, the Chair of the Association shall forward a copy of the notice and resolution to each Board Member. 11.3) Financial Effect of Withdrawal - No financial benefit shall inure to a Party or Affiliate Member that withdraws from this Association nor shall there be any reimbursement for any contribution made or required of the withdrawn Party by this Agreement. h 37 ARTICLE 12 AMENDMENTS 12.1) Amendments -This Agreement maybe amended by a vote of two-thirds (2/3) of the number of Parties at any meeting of the Board, provided that such purpose is stated in the notice of the meeting and the proposed amendment is provided in writing to all Board Members at least seven (7) days in advance of the meeting. ARTICLE 13. DISSOLUTION 13.1) Duration of Association - The Association shall be dissolved if less than two (2) Parties remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Parties. 13.2) Distribution of Assets - Upon dissolution of the Association, all remaining assets of the Association, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Association. The Association shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. IN WITNESS WHEREOF, The municipality of has caused the Agreement to be signed on its behalf this day of , 19 LMN;pp fW2_I.W51@ 0 y0 LM CITY OF EAGAN RESOLUTION NO. A RESOLUTION RELATING TO JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED, by the City Council of the City of Eagan, Minnesota, as follows: WHEREAS, Minnesota Statutes Section 471.59 permits two or more governmental units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them, and WHEREAS, the parties have entered into this Joint and Cooperative Agreement to develop programs on matters of mutual concern and interest and identify, review and actively oppose proposals which may be in conflict with the interest of the members. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute the Joint and Cooperative Agreement as amended and attached hereto. ADOPTED this 16`'' day of December, 1996. ATTEST: EAGAN, City Clerk EAGAN, Mayor 41 Agenda Information Memo December 16, 1996 F. 1997 CONSULTING ENGINEERING FEE SCHEDULE ACTION FOR COUNCIL CONSIDERATION: Approve an amendment to the consulting engineering contract regarding fee schedule for 1997 for Bonestroo, Rosene, Anderlik & Associates (BRAA); Maier Stewart & Associates (MSA); Short -Elliott -Hendrickson, Inc. (SETT); and Strgar, Roscoe, Fausch (SRF). FACTS: In 1993, after an extensive Request For Proposal (RFP) and interview selection process, the City Council authorized consulting engineering contracts with several firms. Part of the contract identifies the fee schedule and rate structure charged by the engineering firm. The City has received a request from the above -referenced firms requesting an adjustment for the 1997 calendar year. All firms have been providing an overall satisfactory service to the City of Eagan. An audit has been performed of the firms' fees and a comparative summary is enclosed for reference. ATTACHMENTS: • Comparative fee schedule, pages through 0 Z Q L C7 aLu ,LWLl UOWOO U S Z � J C7 Z O U 75 " \ 1� 1 t • f t 1 1 f 1 \ I i 1 \ \ 1 1 I 1 1 SS S SS SS O 1 9( 1 1 1 1 1 1 tw w ww ww Q \ 1 1 1 1 1 1 1 \ 1 r yw ww w ww ww y�W YY!MY► 88 88 �8�8 88 � SW 1 0 9 \ 4 9 1N A' A A 1 1 / 1 1 / 1 1 , 1 , y a �w W3, 03, wwMD. w ww � �� 7�N��✓ 1��✓[ 1•]��=]5 1% ' WT r'l � � � 11'f ' 1f{f�)f (('��� �} � � [Y 1 1 1 rz;Q �; Sup t; rz g a3 1 Ir vi c� w w w w w w w w w w 40 fA 619,U w w w I W W \ ' 4 ' y g ........�&S, to 41 1 1 1 1 p Wil to 41% OD -- r� 1N��O �}� l�l� a- �J� 1 ' 4 ' S M 1 g N 1 1 S 1 1 1 S P 1 A Q`�fY�lL; 4 w t w WI Sul 401, N9RR 'vv- 98 1 V 99 9N p ca m ti ti .9 1� 1[7 ) 1 9 g 1 1 \ N g \ 1 wwww w 40 ww w 0 �w Q W SINRti�n Brno V CND 1�1�jj 11Nj g ZC 7C .91 I m 15 \ 1 q • �lg�aD 1 1 1 1' h 1 1 wY()YwJw 441, ww 40D, 6w wlw R$� ��i SS �w www ww wwU m 'Q �i�i gg �ig �ig gS W I g O 1 \ I g� \ 1 • f 1 1 1 \ 1 O O CO) Z JLLO W 0 CL co Q � TLW a� ..U El MAW LLtm W O W tm �% CLL C~ m C W m �Ww w��'�tu �a�gn-� NN h W C Y v & 4rr� -a 8a waA z = =c�hN as �ai►�-- � �A IL W= � Bonestroo Rosene Anderlik & Associates Engineers & Architects .I : _ r -1 1 N HOLBLY RATE 122 1M % nc- Senior Principal $87.00 $89.50 2.9% Principal/ProjectManager/Senior Scientist $77.00 $79.50 3.2% Registered Engineer/Registered Architect $67.00 $69.00 3.0% Archimct'/Senioi Field Supervisor $58.50 $60.50 3.4x;'0 Graduate Engineer/Graduate Architect/Graduate Scientist/Field Supervisor $53.50 $55.00 2.8% Senior Draftsperson Senior Technician/Inspector/Draftsperson Technician Word Processor Clerical Total Station Equipment GIS Workstation Equipment $48.00 $49.50 3.1% $48.00 $49.50 3.1% $34.00 $35.00 2.9% $31.50 $32.50 3.2% $24.50 $25.00 2.0% $20.00 $20.00 $20.00 $20.00 The above rates will be multiplied by 1.3 for review of private developers plans and inspection of private work to cover professional liability insurance costs and legal expenses. These rates are adiusted annually at the first of the year in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik &.Associates, Inc. Reimbursable Expenses - At Cost Reproduction, Printing, Duplicating Out -of -Pocket Expenses such as stakes, field supplies, telephone calls, etc. Mileage City of Eagan SHORT ELLIOTT HENDRICKSON INC. SCHEDULE HOURLY BILLABLE COST BY CLASSIFICATION APRIL 1, 1996 JANUARY 1, 1997 TO APRIL 1, 1997 TO DECEMBER 1, 1997 BILLABLE BILLABLE % CLASSM (-ATION QCT COST TNCREASE Office Staff Principal $91.45 - $127.10 $91.45 - $127.10 0.0-0.0 Project Manager S71.15 - $120.15 $71.15 - $120.15 0.0-0.0 Project Engineer/Architect/Planner/Scientist $57.95 - $101.85 $57.95 - $104.90 0.0-3.0 Staff Engineer/Architect/Planner/Scientist $48-05-$ 75.00 $48.05-$ 77.25 0.0-3.0 Lead Technician $55.80-$ 72.85 $55.80-S 75.80 0.0-4.0 Senior Technician $48.85 - $ 64.95 $48.85 - S 67.05 0.0-3.2 Technician 538.75 - S 52.10 538.75 - S 53.10 0.0-1.9 Associate Technician 534.90 - S 43.55 $34.90.$ 43.55 0.0-0.0 Word Processor $31.20-S 47.40 $31.20-$ 47.95 0.0-1.2 General Clerical $28.70-5 47.40 $28.70-S 47.40 0.0-0.0 Field taff Lead Project Representative S47.90-$ 75.95 $47.90 - S 77.25 0.0-1.7 Sr. Project Representative 544.95 - S 60.30 $44.95-S 62.10 0.0-3.0 Project Representative $38.00-S 55.05 $38-00-S 56.70 0.0-3.0 Survey Party Chief $42.95-S 70.35 $42.95-S 73.20 0.0-4.1 Survey Instrument Operator 534.10 - S 43.55 $34.10-S 44.40 0.0-2.0 Survey Assistant 526.35 - S 40.15 x26.35 - S 40.75 0.0-1.5 4s / CONSULTING GROUP, INC. Transportation ■ Civil - Structural ■ Environmental - Planning - Traffic ■ Landscape Architecture - Parking RANGE OF HOURLY RATES CURRENT RATES - NO CHANGE PROPOSED FOR 1997 RANGE OF CLASSIFICATION HOURLY RATES Principal $100.00 - $125.00 Senior Associate $ 90.00 - S 95.00 Associate $ 75.00 - $ 85.00 Senior Professional $ 63.00 - $ 80.00 Professional $ 42.50 - $ 65.00 Supervising Technician $ 63.00 - $ 65.00 Senior Technician $ 52.50 - $ 60.00 Technician $ 28.00 - $ 50.00 Clerical/Word Processor $ 29.00 - $ 51.00 N leage shall be reimbursed at the IRS rate allowable (currently $0.31 per mile). q �a MS1, CONSUMM; MGKM CITY OF EAGAN FEE SCHEDULE PERSONNEL CLASS 1996 RATES PROPOSED 1997 RATES AVERAGE % INCREASE Principal Engineer 84.00 87.00 3.6% Registered Land Surveyor 58.20 - 74.25 60.24 - 74.25 0-3.5% Department Manager 58.20 - 74.25 60.24 - 74.25 0-3.5% Project Engineer/Registered Engineer 53.56 - 74.25 55.70 - 74.25 0-4.0% Structural Engineer 53.56 - 74.25 55.70 - 74.25 0-4.0% Environmental Engineer 53.56 - 74.25 55.70 - 74.25 0-4.0% Traffic Engineer 53.56 - 84.25 55.70 - 87.62 4.0% Design Engineer/Civil Engineer 37.44 - 48.44 38.94 - 50.14 4.0% Survevor 41.17 - 63.74 42.82 - 66.29 4.0% Senior Engineering Technician 40.90 - 67.62 42.33 - 69.99 3.5 % Technician 16.17 - 55.82 16.81 - 58.05 4.0% Resident Project Representative 16.82 - 53.77 17.49 - 55.92 4.0% Three -Person Survey Crew 92.40 -121.62 95.63 -121.62 0-3.5% Two -Person Survey Crew 72.80 - 83.20 75.35 - 83.20 0-3.5% Word Processor/Computer Technician 31.10 - 47.88 32.34 - 47.88 0-4.0% Typist/Clerk 22.23 - 41.18 23.12 - 41.18 0-4.0% Average Rate Increase 3-.2-3.8% 41 96-Eagan.ra: Project Identifiable Costs CITY OF EAGAN FEE SCHEDULE The following schedule establishes a listing of identifiable costs that would be provided by the Engineer and billed to the Owner on projects: Expense Code Description Rate 03 Field Supplies At Cost 04 Office Supplies At Cost 05 Postage and UPS At Cost 06 Equipment Rental At Cost 07 Miscellaneous Expense At Cost 10 Photo Reproduction At Cost 11 Private Auto Use $.31/Mile 12 Company Auto Use $.31/Mile 13 Private Truck Use $.36/Mile 14 Company Truck use $.36/Mile 27 CADD System $15.00/Hr. 99 Subcontractor Expense At Cost M61 9&Eagan. rat Agenda Information Memo December 16, 1996 G. CONTRACT 94-0. CLIFF LAKE TOWNHOMES ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 94-Q (Cliff Lake Townhomes - Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of public utilities for the Cliff Lake Townhomes development was installed privately by the developer under the terms and conditions of the development contract agreement. These public improvements have been installed, inspected by authorized City representatives and found to be in conformance with the approved plans and specifications. Subsequently, it is appropriate for the City Council to acknowledge the satisfactory completion of the development obligation and authorize perpetual City maintenance subject to the warranty provisions. H. CONTRACT 95-!1, CLIFF LAKE TOWNHOMES 2ND ADDITION ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 95-Q (Cliff Lake Townhomes 2nd Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of public utilities for the Cliff Lake Townhomes 2nd Addition development was installed privately by the developer under the terms and conditions of the development contract agreement. These public improvements have been installed, inspected by authorized City representatives and found to be in conformance with the approved plans and specifications. Subsequently, it is appropriate for the City Council to acknowledge the satisfactory completion of the development obligation and authorize perpetual City maintenance subject to the warranty provisions. q 9 Agenda Information Memo December 16, 1996 L CONTRACT 95-S, BLACKHAWK FOREST ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 95-S (Blackhawk Forest - Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of public street and utilities for the Blackhawk Forest development was installed privately by the developer under the terms and conditions of the development contract agreement. These public improvements have been installed, inspected by authorized City representatives and found to be in conformance with the approved plans and specifications. Subsequently, it is appropriate for the City Council to acknowledge the satisfactory completion of the development obligation and authorize perpetual City maintenance subject to the warranty provisions. J. CONTRACT 95 -AA, PREUSSE ADDITION ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 95 -AA (Preusse Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • The installation of public utilities for the Preusse Addition development was installed privately by the developer under the terms and conditions of the development contract agreement. • These public improvements have been installed, inspected by authorized City representatives and found to be in conformance with the approved plans and specifications. Subsequently, it is appropriate for the City Council to acknowledge the satisfactory completion of the development obligation and authorize perpetual City maintenance subject to the warranty provisions. K. CONTRACT 96-F RAHN RIDGE 2ND ADDITION ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 96-F (Rahn Ridge 2nd Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of public utilities for the Rahn Ridge 2nd Addition development was installed privately by the developer under the terms and conditions of the development contract agreement. These public improvements have been installed, inspected by authorized City representatives and found to be in conformance with the approved plans and specifications. Subsequently, it is appropriate for the City Council to acknowledge the satisfactory completion of the development obligation and authorize perpetual City maintenance subject to the warranty provisions. �D Agenda Information Memo December 16, 1996 L. CONTRACT 96-20, YANKEE DOODLE RD/CENTRAL AREA STREETLIGHTING ACTION FOR COUNCIL CONSIDERATION: To receive the bids for Contract 96-20 (Yankee Doodle Road, Denmark Avenue, Northwood Drive, Promenade Ave. - Street & Pedestrian Lighting) and award the contract to Peoples Electric Company in the amount of $416,637.65 and approve a maintenance agreement with DEA Association. FACTS: On January 16, the City Council approved the first phase of the Central Area Transportation Improvements to Yankee Doodle Road (Project 695) and also the installation of streets and utilities to service the Eagan Promenade development (Project 694) incorporating Denmark Avenue, Promenade Avenue, Northwoods Drive, and related modifications to Lexington Avenue. Contract 96-20 represents the fourth phase of building the related public improvements for this central area. This phase provides for the roadway lighting and ornamental pedestrian lighting within the scope of Projects 694 and 695 as described above. The final phase of the overall public improvements will be a future contract for the streetscaping/landscaping improvements along the Yankee Doodle corridor which have yet to be refined. This contract provides for the following streetlighting elements: • Yankee Doodle roadway lighting (includes bridge) • Yankee Doodle ornamental/pedestrian lighting (on 35E bridge only) • Denmark Avenue and Promenade Avenue roadway lighting • Denmark Avenue and Promenade Avenue pedestrian/ornamental lighting • Northwood Drive roadway lighting At 10:30 a.m. on September 20, 1996, formal bids were received for Contract 96-20. A summary of the bid tabulation is enclosed. ISSUES: Originally, Dakota Electric Association (DEA) was approached and requested to install these streetlights. They provided a cost estimate of $614,650 for a DEA owned/operated/maintained system. This significant cost estimate precipitated the interest in preparing detailed plans/specs and a competitive bidding process which resulted in the bids received. However, this system would be owned, operated, and maintained privately by the City of Eagan. The City is not staffed nor equipped to assume the operation and maintenance of streetlighting system. Subsequently, the Superintendent and Director of Public Works are negotiating a maintenance agreement with DEA for them to contractually respond on a time and material on-call basis. This will also result in a reduced energy rate for power consumption from $11.53/light/month to $4.21). This allows the City to save considerable dollars in the installation ($198,000) and energy rate ($1,800/mo.). ATTACHMENTS: r • Bid summary, page • Graphics of light standards, pages `�3 and • Draft DEA maintenance agreement, pages'—through 51 EAGAN CENTRAL AREA LIGHTING IMPROVEMENTS CITY PROJECT NO. 695 CITY CONTRACT NO. 96-20 CONTRACTORS BID DATE: September 20, 1996 BID TIME: 10:30 a.m. TOTAL BASE BID 1. Peoples Electric Co., Inc. $ 416,637.65 2. Egan McKay Electrical Contractors, Inc. $ 419,970.90 3. Collins Electrical Construction Co. $ 428, 7 42.50 4. Muller-Pribyl Utilities, Inc. $ 449,850.00 5. Kilmer Electric Co., Inc. $ 455,382.50 6. Electric Service Co. of Minneapolis, Inc. $ 459,322.00 Low Bid $ 416,637.65 Feasibility Report Estimate $ 572,000.00 Percent Over (+) Under (-) -27% Engineer's Estimate $ 578,888.00 Percent Over (+) Under (-) -28% sem, 6124750010 S R F C O N S U L T I N G G R O U P HOLOPHANE 144mm MOUNTING ARM TYPICAL STREET LIGHTING UNIT P _ 02 "SOMMERSET" YLE LUMINAIRE ROUND—TAPERED d SLE (10.7m) CITY Of EAGAN FIGURE' C.P. NO. 695 CENTRAL AREA LIGHTING IMPROVEMENTS 1 c°"'""'"*G""°''"` STREET LIGHTING DETAIL xe •o96vvso �� 6124750010 DEC— 1 2-9FS FR I 1 2: 40 SRt= CONSULT I NGGROUFI P . 03 _ - QRNAMENTAL LIC KTING, CITY o,, EAGAN M • Yankee Doodle 110aLi Bridge �I • Promenade Avenue . Denmark Avenue ii I 14' r I I Clevelatnd ScrWIS 30" C.rOs$-'rA*' by Unique S<�luticxly.� # C: 30%21' CA D13 or 8 C 311/4 l' CA Dli (4 arm) I Il 1 I I ti fiberglas, "Adams Style" by Sltiakespcar�� Mcu1c111AA15-8,511 .. 12' 9' 8 4' 1 Series LuminairL' id'Style I lousing iQ HldM1P2.3N 1a. 12' I,t►Ie i Style" jo:iPeare RAA 15.121' STREET LIGHT MAINTENANCE & REPAIR AGREEMENT WTI, -=115.171M. The purpose of this agreement is to provide the City of Eagan (hereinafter called CITY) and Dakota Electric Association (hereinafter called DEA) with a mutually acceptable agreement to maintain and repair City owned street lights on a time and materials basis. H. Responsibilities of DEA A. On request by the City of Eagan, maintain and repair all lights, wire and associated equipment including but not limited to lamps, luminaries, ballasts, photocells and poles. B. Maintain an inventory of parts (excluding poles and mast arms) as needed to ensure a timely repair. C. Respond to a "light out" repair request within 72 hours. D. Respond to an emergency situation (i.e., a pole "knock down") or other safety concern within 4 hours of notification by the City of Eagan. E. Perform all locates of City owned street lights for Gopher State One Call with 48 hours. F. On an annual basis will provide the City with an equipment and personnel rate schedule. Such rates shall include overtime rates when applicable and all related fringe benefits and overhead. G. Provide the City with an itemized invoice indicating actual material costs, labor and equipment costs or other expenses. The invoice shall identify the dates and location that the work was performed. ss H. Any and all employees of DEA and all other employees while engaged in the performance of any work or services required or provided for herein to be performed by the DEA shall not be considered employees of the City, and any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein by DEA will in no way be the obligation or responsibility of the City. II 1 ! 1 I � 1 A. Reimburse DEA for all costs of maintenance and repair of street lights including labor, material, equipment, or rental of equipment within 30 days of receipt of an invoice. B. Maintain an inventory of street light poles and mast arms. C. Each maintenance operation performed by DEA shall be specifically requested by the City. Malfunction will be screened by City Public Works personnel prior to making a request to DEA. D. All cleaning, sanding, and painting of poles and mast arms. E. Provide DEA with a list, map location, and available record asbuilt plans of all City -owned lights. F. Both parties agree to assist each other in the identification of persons who damage the lighting system to facilitate every attempt to collect damage from the person or persons who strike, knock down, vandalize, or otherwise damage these systems. G. Provide assistance to DEA when requested subject to the limitations imposed by the availability of manpower and equipment. IV. Length of Agreement This agreement shall be an annual agreement commencing January 1 and ending December 31, and will automatically renew each year unless terminated by either parry by written notice served 60 days before termination of the annual agreement. Public Works Director City of Eagan Dakota Electric I.• 124b1streetkght 12/11/96 sn Date Date Agenda Information Memo December 16, 1996 M. CONTRACT 97-04, CLIFF ROAD WATER TREATMENT FACILITY STANDBY GENERATOR ACTION TO BE CONSIDERED: To approve retaining Dakota Energy Alternatives, Inc., (DEAI) for technical design and contract management services and authorize the preparation of detailed plans and specifications for Contract 97-04 (Cliff Road Water Treatment Facility - Standby Generation). FACTS: Utility Superintendent Wayne Schwanz has been pursuing alternatives for both energy savings and power reliability for the Cliff Road Water Treatment Facility and related Well #5. By installing a 750 KW standby power generator at this site, the City will be eligible for a peak alert rate 70 savings schedule from Dakota Electric Association which will result in a 43% savings ($41,000/year) of the current energy bill of approximately $96,000 per year. This allows DEA to disconnect the Water Treatment Facility and well during peak energy periods by switching it to onsite standby generation. DEA will also provide a one-time rebate of approximately $16,000 once this generator has been installed. The annual operation and maintenance costs of this generator will be approximately $7,000 per year providing a net annual savings of approximately $34,000 per year in energy costs. This standby generation will also ensure that the Water Treatment Plant and well will always be available for maintaining water supply even during power outages. Preliminary estimates for the design, construction and installation of this standby generator is approximately $315,000 providing an approximate 9.5 year buy-back without factoring in any finance charges. The Director of Finance is proposing to finance the initial construction cost through the Utility, Water & Utility Fund. Dakota Energy Alternatives, Inc., (DEAL) is a wholly owned subsidiary of Dakota Electric Association specializing in working with DEA customers to design and facilitate the acquisition construction and installation of standby generation to achieve the peak alert rate 70 energy schedule and related savings. The acquisition of the generator itself (estimated $250,000.00) will be competitively bid on the open market. ISSUES: Technically, the City of Eagan would be retaining Dakota Energy Alternatives, Inc., (DEAI) for professional consulting services. After reviewing the current approved pool of municipal consultants, the Superintendent and Director of Public Works feel DEAI would be the most cost effective and efficient entity to coordinate this public improvement. They have performed similar services for the Minnesota Zoo, I. S.D. No. 196, the Cities of Burnsville and Apple Valley as well as numerous private industries. sf Agenda Information Memo December 16, 1996 N. MULTI -CITY JOINT POWERS AGREEMENT - TRAFFIC MARKINGS ET AL ACTION FOR COUNCIL CONSIDERATION: To approve a multi -city joint powers agreement (traffic marking, seal coat, street sweeping, etc.) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • For the past eight plus years, the City has been part of a joint powers agreement with Burnsville, Savage, Shakopee, Prior Lake, Apple Valley, Rosemount and Lakeville to consolidate our pavement marking and surface maintenance needs for competitive bid solicitation based on the economy's upscale theory. 0 This joint powers agreement allows the Cities to take advantage of large quantity unibid prices for pavement markings (centerline striping, cross walks, etc.), contractual street sweeping (seasonal, sealcoat pick-up, erosion clean-up, etc.) and street/trail seal coating surface maintenance. • This joint powers agreement is coordinated and administered by the City of Burnsville with the administrative costs spread equally to all participating communities. • In February of this year, Governor Arnie Carlson issued a certificate of commendation to these Cities recognizing their collaborative effort in bidding street maintenance services through a joint powers agreement. Agenda Information Item December 16, 1996 Eagan City Council Meeting O. FINAL SUBDIVISION - WHISPERING WOODS 11TH ADDITION ACTION TO BE CONSIDERED: No. To approve a final subdivision for Whispering Woods 11th Addition consisting of 19 lots on 20.97 acres located south of Wall Street, west of Slater Road and east of Burnsville in the SW 1/4 of Section 31. FACTS: The development contracts and financial guarantee have been reviewed and are in order. ATTACHMENTS: (1) Final Subdivision - page &E ni z 0 ,• 7 yI �iat� �6wi§ �00 Q MYYYY � G YYYYY li�j L' Z -4� X 3 i Z mcn LU 3 > W W Ln Ck 0 0 ,• 7 yI �iat� �6wi§ �00 3 'w•ya jhj�3~i�µj� i W ,• 7 yI �iat� A � G li�j L' Z -4� X 3 i 'w•ya jhj�3~i�µj� i res 4 N�bMa• � G li�j L' Z -4� X a Agenda Information Memo December 16, 1996 Eagan City Council Meeting P. RECOMMENDATION, AIPRORT RELATIONS COMMISSION, 1997 LEGISLATIVE AGENDA ACTION TO BE CONSIDERED: To approve the recommendation by the Airport Relations Commission concerning a proposed 1997 legislative agenda for airport issues. FACTS: In recent years, with the number of airport issues which have received legislative attention, the City of Eagan has taken positions on a variety of issues. At its meeting of December 10, the Airport Relations Commission developed a proposed legislative program for City Council consideration. The commission proposes to meet with the City's legislative delegation in January to review the legislative program adopted by the City Council. ATTACHMENTS: 1b Staff memorandum covering legislative program on pages(2 through "W �e � t ,1 —city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEII�gv DATE: DECEMBER 11, 1996 SUBJECT: ARC RECOMMENDATION - 1997 LEGISLATIVE PROGRAM At its meeting of December 10, the Airport Relations Commission formally endorsed the following elements to be considered by the City Council for the City's Legislative Program as it pertains to airport planning and airport noise. In large part, the proposed positions repeat policy positions taken by the City in the past. The Commission is recommending: 1. Federal Legislation - The City supports efforts at the federal level to better define and control aircraft noise at its source, the aircraft itself. In particular, the City supports the reintroduction of HR 1971, the Aviation Noise Limit Act, and HR 4308, calling for the refunding of the EPA Office of Noise Abatement and Control. 2. State Advisory Council on Metropolitan Airport Planning Comments - The MAC Mitigation Program has been submitted to the State Advisory Council to determine whether any actions under the program require additional legislative action. The Council will accept public comment in this regard. The City encourages the Advisory Council to consider effective noise mitigation elements which were included in the Mitigation Committee report but were omitted by the MAC for financial reasons. In particular, the Advisory Council should consider recommending legislation to require a sound insulation program phased out from the program's 60 DNL boundary to a 54 DNL boundary based on a worst case 2005 DNL contour, significant expansion of the MAC permanent noise monitoring system to provide broader coverage of the noise affected communities, requirements that the MAC pursue noise reduction conditions as a part of its lease agreements with airlines and a requirement that the MAC insert full funding of an expanded noise mitigation program in its CIP. 3. State Legislative Positions - The City supports the following legislative initiatives: a. The City of Eagan supports efforts to monitor the state's airport decision, to update growth projections and background information and to evaluate alternatives to the continued expansion of the current airport. The City's support of the expansion of the current airport was contingent upon the �O3 landbanking of the Dakota County site and the provision of an aggressive noise mitigation program. Since the statute prohibited landbanking and the MAC substantially reduced the scope of the mitigation program proposed by the Mitigation Committee, neither of these conditions were met. Based on this, together with continued high levels of operations growth and other factors, it appears that the current airport site cannot meet the economic development needs of the State of Minnesota into the next century. b. Any legislation offered concerning the airport should be amended to provide for landbanking of the Dakota County site. C. Noise mitigation should be required over a much broader area than is provided under the MAC Noise Mitigation Program. In addition to the mitigation proposed, the MAC should be obligated to provide graduated sound insulation program phased out from the program's 60 DNL boundary to a 54 DNL boundary based on a worst case 2005 DNL contour and expanded funding sources should be considered including a greater proportion of passenger facility charge proceeds, aviation fuel taxes, regional or statewide taxes or other sources. d. Residents and communities affected by airport noise should be compensated for the significant off-site impacts created by aircraft operations. The state should continue to provide the airport area urban revitalization and stabilization zone tax credit included in the airport statute and should expand it to provide a one-time benefit to all residents currently within the zone. The state should maintain the airport area housing replacement tax increment financing program. The state should adopt additional community stabilization programs including property tax credits, purchase assurance programs, This Old House credits for noise abatement improvements and other means of enhancing and maintaining the livability of neighborhoods in the airport vicinity. e. The state should authorize a study of the costs and benefits of privatizing Minneapolis -St. Paul International Airport. f. The state should act to modify the structure of the Metropolitan Airports Commission to insure that Eagan which experiences the largest proportion of aircraft overflights from the airport has direct representation. g. The MAC should be required to negotiate stage II restrictions, noise abatement procedures and night-time restrictions as a part of airline leases. h. State law should continue to require the MAC to enforce strict adherence to the stage III implementation guidelines. L The state should insure that an airport noise monitoring system is in place which is reliable, which can be used for enforcement of noise abatement requirements and which can verify the accuracy of modeled contours used by the MAC for noise abatement and planning purposes. The Commission proposes to meet with the City's legislative delegation in January to brief them on the legislative program adopted by the City Council. If you have any questions, please let me know. Eagan City Council Meeting December 16, 1996 CONSENT AGENDA • iIenr N 1. 1/ ► . ■ s l a : _ Y11,1111, FOR COUNCIL ACTION To approve Amendment One to the exchange agreement between the City and Gopher Resources Corp. and authorize the Mayor to sign. FACTS ► The City and Gopher Resources formally entered Into an exchange agreement in January of 1996. ► The original exchange agreement anticipated that the City would have acquired title to the tax forfeited property known as Borchert -Ingersoll. 10. Because of the need to do additional environmental testing, the City has not yet obtained title to this property. ► Gopher Resources Is proposing to construct a plastic recycling facility on that portion of the land previously expected to be transferred. ► This amendment recognizes that Gopher Resources will be receiving title to the property directly from Dakota County rather than the City of Eagan as was previously defined. ► Gopher Resources will continue to abide by the terms of the original agreement and transfer title to Outlot I and trail easements over Outlot G and H to the City. ATTACHMENTS First Amendment to Exchange Agreement p • ��D �� �r KV:cm Nali -ll_ k, I B] ITT47, F—INCI AM ► l i THIS FIRST AMENDMENT TO EXCHANGE AGREEMENT is made and entered into as of October 31, 1996, by and among the City of Eagan, a body corporate and politic, under the laws of the State of Minnesota ("Eagan") and Gopher Resource Corporation, a Minnesota corporation ("Gopher"). A. The parties hereto have entered into that certain Exchange Agreement dated January 16, 1996 (the "Exchange Agreement") regarding certain parcels of unimproved real property located in the City of Eagan, County of Dakota, State of Minnesota. All terms not defined herein shall have the meanings ascribed to them in the Exchange Agreement. B. Eagan has acquired title to the western portion of Parcel D. The State of Minnesota remains the fee owner of the eastern portion of Parcel D and Parcel A. C. The parties desire to amend certain terms of the Exchange Agreement, including the date for the Closing Date. Now, therefore, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Property Exchanged. The Recitals and Section 1 of the Exchange Agreement indicate that Gopher will convey trailway easements across portions of Outlots G and H, GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION at the time of the closing. Since Eagan does not yet own the eastern portion of Parcel D and thus can not utilize such trailway easements, the parties agree that Gopher need not convey trailway easements at the time of closing. However, Gopher agrees that in the event that Eagan does acquire the eastern portion of Parcel D, then Gopher shall convey trailway easements to Eagan at Eagan's request at anytime within one (1) year of the Closing Date. The trailway easement shall be 20 feet wide and shall cross over portions of Outlots G and H, GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION, lying adjacent to or within the wetland located in the northerly part of Outlots G and H. The exact location of the trailway easement shall be approved by the parties after review of the proposed location by the Minnesota Department of Natural Resources. 2. Amendment of Legal Description. The legal description of Parcel B is hereby amended to be: "Outlot I, GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION." 3. Platting and Rezoning. Section 3.1 of the Exchange Agreement contemplates a Plat of Parcels A, C, and D. The parties hereby agree to amend Section 3.1 of the Exchange Agreement as follows: (a) The parties agree that they will jointly and cooperatively petition the City of Eagan to plat Parcels A, C, and D and to rezone all of Parcels A, B and C as set forth in Section 3.1 of the Agreement. In addition, the parties agree to jointly and cooperatively petition Dakota County, on behalf of the State of Minnesota, for joinder in the plat. 1461213 2 I (b) The parties agree that the applications for rezoning and platting for the properties need not contain the extension of utilities concept set forth in Section 3.1.8 of the Exchange Agreement. 4. Tax Title to Parcels A and D. Eagan agrees that it shall promptly commence or cause to be commenced a quiet title or registration action to extinguish the interest of General Motors Acceptance Corporation, a New York corporation, in Parcels A and D, all is set forth in Section 3.2 of the Exchange Agreement. v. Project Approvals. Each party acknowledges that it has conducted sufficient site investigations under Section 4.2 of the Exchange Agreement and agrees that it waives any contingency thereunder. 6. Date of Closing. The final date for closing under the Exchange Agreement is hereby extended to November 1, 1997. 7. Examination of Title. Each party acknowledges receipt of the title commitments to be delivered under Section 7 of the Exchange Agreement. Each party has had the opportunity to review its commitment and each party hereby waives any contingency for title defects (other than the defect of the tax title for Parcels A and D to be cleared pursuant to Section 4 of this First Amendment). Each party reserves the right to object to any title defect that arises after the effective date of the commitments described above. 7. No Other Amendment Except as amended herein, each term of the Exchange Agreement remains in full force and effect. 1461213 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Exchange Agreement to be effective as of the day and year first set forth above. 1461213 City of Eagan By Its Gopher source Corporation By -/7 1, Its Agenda Information Memo December 16, 1996 Eagan City Council Meeting R. APPROVE AMENDMENTS TO MVTA JOINT POWERS AGREEMENT AND RATIFY THE AMENDED BYLAWS ACTION TO BE CONSIDERED: To approve the amendments to the MVTA Joint Powers Agreement and to ratify the amended bylaws. FACTS: & The MVTA Board is proposing that the joint powers agreement be amended by member cities. # The first significant amendment changes the provision that requires a unanimous vote of the Board to purchase buses, motor vehicles, real estate or lease the same for a period in excess of five years. The second significant amendment provides the MVTA with the power to finance any of its activities through the issuance of note, bonds or other obligations of the Authority. ATTACHMENTS: • A letter of explanation from Beverly Miller is enclosed on pages —L_ through • A memo from the MVTA's legal counsel explaiping the MVTA's authority to borrow money is enclosed on pages through + A copy of the revised joint powers agreement�k-deleted language stricken and new language highlighted is enclosed on pages_ through -&L. + A copy of the revised bylaws th deleted language stricken and new language highlighted is enclosed on pages IK ;�—through KV . + A copy of the resolution approving the changes is enclosed on page. Burnsville Transit Station 100 East Highway 13 • Burnsville, MN 55337 Ph. (612) 882-7500 • Fax: (612) 882-7600 December 2,1996 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 r RE: Amendment to MVTA Joint Powers Agreement and Ratification of Bylaws Dear Mr. Hedges: Enclosed please find a copy of the Minnesota Valley Transit Authority (MVTA) Joint Powers Agreement with amendments proposed by the MVTA Board, the MVTA Bylaws as amended by the Board, a suggested form of Resolution, and a memorandum from MVTA's legal counsel, Barbara Ross. MVTA is requesting that the Cite approve the amendments to the Joint Powers Agreement and ratify the Amended Bylaws. I have included a red -lined copy of the Joint Powers Agreement and Bylaws and a clean copy of the Joint Powers Agreement for execution by the City upon its approval. The Bylaws were amended to be consistent with the joint Powers Agreement as it was amended in March 1993, to change references to the Regional Transit Board to the Metropolitan Council, and to clarify voting procedures. The Bylaws were approved by the MVTA Board at its March 27,1996 meeting. The MVTA Board approved revisions to the Joint Powers Agreement at its meeting on November 20,1996. The Board is proposing that the provision of the joint Powers Agreement that requires a unanimous vote of the Board to purchase buses, motor vehicles, real estate or lease the same for a period in excess of five years be amended to require a two-thirds vote. The joint Powers and Bylaws will both provide that five commissioners are required for a quorum, which must include at least four commissioners appointed by one of the cities. The revision will ensure that the cities are well represented in any decision that is made without requiring that decisions have a unanimous vote of all commissioners. Public transportation for Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, Savage - tj I Mr. Thomas Hedges December 2,1996 Page 2 The other substantive proposed change to the Joint Powers Agreement is the amendment to Paragraph 6(A) which requests that the cities provide MVTA with the power to finance any of its activities through the issuance of notes, bonds, or other obligations of the Authority, provided that no city shall have any liability with respect to any such obligations unless the city passes a Resolution approving such liability. The purpose of this change is to permit MVTA to do short-term or long-term borrowing against its property taxes which are now being levied directly by the cities. Like the cities, MVTA will now receive its funds twice a year rather than on a steady reimbursement basis from the Met Council and may need to do short-term borrowing in order to maintain its service. Additionally, this provision would allow MVTA the flexibility to do long-term borrowing to fund transit projects. Any borrowing by MVTA would be repaid solely through MVTA tax dollars unless a city decides to provide financial assistance to MVTA. The enclosed memorandum from Barbara Ross explains the rationale for the requested amendment. It would be helpful to MVTA in budgeting for 1997 to have this matter placed on the Agenda for the next City Council meeting so that MVTA has a decision on the proposed amendments to the Joint Powers Agreement. Please send me a copy of the Resolution if approved by the City. If you have any questions or feel clarification would be helpful, please let me know. Thank you for your assistance and cooperation. Sincerely, Beverley Miller Executive Director Enclosures c: Shannon Tyree BEST & FLANAGAN Professional Limited Liability Partnership Attorneys at Law 4000 First Bank Place 601 Second Avenue South Minneapolis, Minnesota 55402-4331 (612) 339-7121 Fax: 339-5897 MEMORANDUM BY FACSIMILE TO: Beverley Miller FROM: Barb Ross V_ DATE: November 25, 1996 RE: MVTA's Authority to Borrow Money Minnesota Valley Transit Authority (MVTA) was established pursuant to a Joint Powers Agreement in which six cities chose to jointly exercise their power to operate an opt -out transit system. Section 6 of the Agreement specifies the powers and duties of MVTA. This section provides MVTA has "all powers necessary to discharge its duties," then lists the specific powers that MVTA may exercise including the right to own or lease property, to enter into contracts, and to establish bank accounts. Section 6 does not specifically provide MVTA with the authority to borrow money to finance operations of its transit services. It is unclear as to whether the cities specifically chose not to include this power in the Joint Powers Agreement, or whether it was not an issue at the time because MVTA received its funding from the Metropolitan Council. Due to the change in the law to provide for the levy of the transit tax by opt -out cities, MVTA is expecting a shortfall in operating dollars between January and July of 1997, since the tax money will not be available until July. Because the Joint Powers Agreement does not specifically provide MVTA with the power to borrow money, MVTA is proposing an amendment to the Joint Powers Agreement that specifically provides this authority to MVTA. The amendment must be submitted to and approved by all six cities to be effective. Thus, even though the MVTA Board has agreed that the Joint Powers Agreement should be amended to clearly provide MVTA with the authority to borrow money, this issue is unresolved since it has yet to be considered and approved by the six cities. I therefore caution MVTA against making assumptions that the 1 q3 cities will agree to provide the authority to borrow money to MVTA. For this reason, I recommend that MVTA pursue the option to borrow its carryover dollars from the Metropolitan Council to ensure that MVTA has the funds necessary to operate its service through June of 1997. Additionally, by way of explanation, the bus garage was not financed by MVTA, MVTA entered into a lease purchase arrangement. This is not an arrangement that could be made to fund operations of the transit system. 10252-950712/64460 MVTA JOINT POWERS AGREEMENT ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY Amended Nimh 1993, ApPA 1994 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 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. .. .... CO C." is the etrbpaft W as established by Minnesota Statutes (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 chance 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 Commissioners. (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 Croup. 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. Regienal Transite'Qpt3h Cz 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 parry and shall serve on the Technical Work Group, or for county commissioners, their alternates shall- r be a. c rtt iss over r staff w#nb x 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. (E)t co nussto0e�, �trfif inns€ n clusl6 ,oat least four (4) of the BeaFd Eae mmissione* appointed by the parties' shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon an affirmative facilitate these elections. In the event that the current chair is no loner 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 Authoriry . (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 abtlt.�tes, bc�hd ether tabl :xfut�rt ........ ........ .........:: : ep rive b a1Qn tff €hbdr of b 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. (H) 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. (I) 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. parties. (J) The Authority may contract to purchase services from any one of the '►��i�a.: a: ....... r —1:1—%. a:i at�ia�.�:�%.a=.�.ia��r..i�r..:- : buses,ptwehase 7 buildings, 7. Operating Costs, Budget, and Financial Liability. (A) The Authority shall have a fiscal year beginning January 1 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 chances in estimated revenue or expenditures. In the event of an adjustment of the budget, there shall be furnished to each parry 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. Adopted this day of , 199_. Adopted this of , 199_. CITY OF APPLE VALLEY By_ Its ATTEST: By_ Its Adopted this day of CITY OF EAGAN By_ Its ATTEST: By_ Its CITY OF BURNSVILLE By Its ATTEST: By Its , 199_. Adopted this of CITY OF PRIOR LAKE By, Its ATTEST: By_ Its BYLAWS OF NDNNESOTA VALLEY TRANSIT AUTHORITY ARTICLE I. N The name of this organization is the Minnesota Valley Transit Authority�-O"&" ARTICLE H. PURPOSE. The purpose of this Authority if P to provide public transit service for the cities of Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage, ih, ............................................... ........... ............ .... . JIM_ The governing body of the Authority is its Board which consists of seven Commissioners. Tenns of the are ---, h4.P iawpq 4at I;a;_;p amw : Vy' F'4gaflall(l Apple Valle unn, w, z Wi,�ts' 4s th v the party or ea t�e X -tl 14� y excep! tb teTn ARTICLE FV-jr GS. QUORUM.- VOM RE , UMP-JUEOR—ACTION OF n-uF=�A�RD- OJT 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 requesting a replacement be made. A SW notification shall be sent to the Commissioners respective city administrator/manager who will be requested to bring the matter to 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. quorum is necessary for conducting the business of the and exercising its powers. Section 7. Action of the Board shall require the affirmative vote of €eve -(25 Section 8. Meetings shall be conducted in accordance with the provisions of Rebert's. the current edition of ._ WO >: fir. 1 ft The Board may establish standing and/or temporary committees. Committees shall be comprised of Commissioners-erA who may call upon staff or outside consultants for assistance and advice as neces ` sary � � ., ..;x only the Commissioners may vote and endorse final recommendations from these committees. com:>m:ittees.�n,.... . h.. ;Commissioners sallbeaint`e'd` 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. IMM �Ui " me � I �It 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. Ma -MZ <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. I IM .M a r.n 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. Sion, 27acu v Valley Trans,4t utl-('3rj-�y " `i, x�t "$i3 mrd & Orila 0 aa- €kIIIC.,.-I 10 aal-ixi�4".11tf { the Board at ats •e r we [3 for a Section -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 ite 1 is endorsed for payment by at least a majority of all members of the Board. The claim shall be acted upon fermaRy a� ra€��� at the next regi Board meeting ' ' been paid. k...:::...__...- .::::.:.l...f it had net 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, 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. ii:• ryr ..v. M ! %+-^w r > v! .. . ... y 'v } ? ::' . ......:i+v:,,•n+4}:l v}Au,:AY}+.Yiliv:YWi}..• "`pNJW'WQOA.WiA: '� A.A: •.v:AW .vAw.vnw.v wAVMv.•.vxexlA vNl yAw.Y! These Bylaws may be amended at any regular or special meeting of the Board with e approval of five (5) Commissioners of the Board, 3! `" `'.tt€u• :+at provided a copy of the proposed amendment has been furnished to each Commissioner of the Board at least ten (I% days prior to the meeting subject to ratification of each party. Motion to Adopt Bylaws: Motion Seconded By: Ayes Nayes ADOPTED as amended by the Minnesota Valley Transit Authority this day of , 1996. MINNESOTA VALLEY TRANSIT AUTHORITY BY: Its Chair ATTEST Its Ftxeeu&e Direoei&WAN x 28697 CITY OF EAGAN APPROVING AMENDED BYLAWS AND 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 that 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 day of 0"e M199G. Attest: C , -VY CLeat, (11 4-101k Agenda Information Memo December 16, 1996 Eagan City Council Meeting S. AUTHORIZATION TO PROCEED WITH LAND A UISITION FOR FIRE STATION NO.6 ACTION TO BE CONSIDERED: To authorize the acquisition of property on Lexington Avenue, north of Wescott Road, for future Fire Station No. 6, as presented. FACTS: As a part of its capital improvements program, the City has anticipated the acquisition of property for a future fire station located in the east central portion of the community. The Fire Department has reviewed a number of candidate parcels and have identified a specific two acre parcel for this purpose. While construction of a fire station would be considered as a portion of the capital improvement program at a point in the future, it would appear advisable to acquire and land bank the preferred site at this time. Upon receipt of authorization, staff will negotiate an acquisition price for consideration by the City Council. ATTACHMENTS: • Staff memorandum on pages 3� through ( D. �16 city of eagan DATE: December 10, 1996 T0: Tom Hedges, City Administrator FROM: Craig Jensen, Fire Chief SUBJECT: Land Banking MEMO Over the last 4 years, the Fire Department has researched property throughout the City of Eagan to acquire for land banking for a future fire station. This process has narrowed us down to a 2 acre parcel located at the northeast corner of Wescott Road and Lexington Avenue. Although the fire department is not pursuing building a fire station in the near future, it is believed in the best interest of the City that we land bank property while land is still available. With this in mind, please add this item to the Council Agenda for December 16, 1996 to request that Council approve and supply direction to the City Attorney to pursue acquiring the above -referenced parcel of land (see attached). If you have any questions, please do not hesitate to contact me. Craig J nsen ire Chief CJ/kmk rim I WESCOTT RD. THS MAP IS TO BE USED ONLY ION 22 , F FOR REFERENCE PURPOSES. THE a N CITY OF EAOAN 5 NOT RESPONSBLE W FOR NACCURACES CONTAINED HEREK 1/4 Agenda Information Memo December 16, 1996 T. CONTRACT 93-M. AUTUMN RIDGE 3RD ADDITION ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 93-M (Autumn Ridge 3rd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of streets and utilities for the Autumn Ridge 3rd Addition was installed privately by the developer under the terms and conditions of the development contract agreement. These public improvements have been installed, inspected by authorized City representatives and found to be in conformance with the approved plans and specifications. Subsequently, it is appropriate for the City Council to acknowledge the satisfactory completion of the development obligation and authorize perpetual City maintenance subject to the warranty provisions. U. CONTRACT 92-W, HAWTHORNE WOODS 2ND ADDITION ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 92-W (Hawthorne Woods 2nd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of streets and utilities for the Hawthorne Woods 2nd Addition was installed privately by the developer under the terms and conditions of the development contract agreement. These public improvements have been installed, inspected by authorized City representatives and found to be in conformance with the approved plans and specifications. Subsequently, it is appropriate for the City Council to acknowledge the satisfactory completion of the development obligation and authorize perpetual City maintenance subject to the warranty provisions. Agenda Information Memo December 16, 1996 Eagan City Council Meeting V. SETTLEMENT AGREEMENT FOR CAPONI ASSESSMENUPROJECT 607 ACTION TO BE CONSIDERED: To approve the settlement agreement for special assessments levied to Anthony Caponi for Project 607. FACTS: An agreement has been reached regarding assessments levied for the tunnel, water lateral trunk charges, water services, the street assessment and the appropriate release to the City for any claims relating to the reconstruction of Diffley Road, the acquisition of the easements and the placement of the water line within Diffley Road. ATTACHMENTS: Enclosed on pages through is a copy of the stipulation agreement. SENT BY: 12-13-96 ; 11:48 : SEVERSON Si1FJDON-► 612 681 46124 2/ 6 STATE OF MINNESOTA COUNTY OF DAKOTA Inn assessment for City Projmc't No. 1OP607 adopted by the City of Eagan on October 19, 1994 Anthony Caponi and. Cheryl Caponi, Appellants, V. City of Eagan, a Minnesota municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Caro Type: Special Assessment Appeal Court File No. 19 -CS -94-9974 STIPULATION, ORDER FOR JUDGMENT AND JUDGMENT WHEREAS, the Appellants, Arrthony Caponi and Cheryl Caponi, are the owners of three properties located on Diffley Road in the City of Ewan, County of Dakota, State of Minncsota with property Identification Nwnbers 10-02200-010-080 (hereinafter 1,010-80"); 10-02200-010-84 (hereinafter " 010-84"); and 10-02700-011-02 (hcreinaller 11011-02"); and VAIMMAS, in connection with Eagan City project Number 607,010-80,010-84 and 011-02 were assessed for the following improvements: - M IIIA 114 Assessment Amount 010-80 water trunk chargos $10,279.99 water service S 1,420.68 street and storm $15,114-00 TOTAL: $26,814.66 010-84 water trunk charges $10,279.98 water service $1,420.68 street and storm $15,114.00 tunnel S 9,224.23 TOTAL: $36,038.89 011-02 water trunk charges $22,101.95 street and storm $32,495.10 tunnel S -9}2L4.23 �j TarAL: $63,921.28 R=94% 612,.432 3780 12-13-96 12:05PM P002 #32 SENT BY: R-94% 12-13-96 ; 11:49 ; SEVERSON S1E1DON-4 612 681 4612;# 3/ 6 Page 2/STIPULATION, ORDER FOR JUDGMENT AND JUDGMENT WHEREAS, Appellants brought an action in District Court appealing the emessments for Project 607 known as In ke Asses4wnt for City Project No. 1011607, Anthony Capow and Cheryl Capani v City of Lagan, District Court File No. 19-05-9974; and W}IE t AS, the parties have resolved a dispute over assessments to propertios 010-80, 010- 94 and 011-02- NOW, 1l-02_ NOW, THEREI, ORE. in eortsideration ofthe mutual arvenants and other good and valuable consideration, the roceipt and sufficiency of which are acknowledged by the parties, the parties do hereby agree as follows: 1. Appellant's and Respondent stipulation that the above -entitled matter has been fully eornpron�sed and settled and therefore it is stipulated and agreed between the parties that the above -entitled may be and the same hereby is dismissed with prejudice and without costs to either party and the Administrator of the aforementioned Court is hereby authorizcd and dircxted to dismiss this action with prejudice and without costs of record. 2. 'Ilre assessments against properties 010-80, 010-84 and 011-02 shall be reassessed as follows; a. Tupnel Assessment. The tunnel assessment in the amount of Nine Thousand Two Hundred Twenty-four and 23/100 Dollars ($9,224.23) against Parcel 010-80 and the arnount of Nine Thousand Two I Iundred Twenty-four and 23/100 Dollars ($9,224.23) against Parcel 0I0-80 and the amount ofNmc Thousand Two Hundred Twenty-four and 231100 Dollm ($9,224.23) against Parcel 011-02 shall remain as levied and remain payable in accordance with the original assessment plan. b. W,=r Lateral Trunk Char= The water lateral trunk charges for Parcel 010-80 in the amount of Ten Thousand Two Hundred Seventy-nine and 98/100 Dollars ($10,279.98); Parcel 010-84 in the amount of Ten Thousand Two Hundred Seventy-nine and 98/100 Dollars ($10,279.98) and Parcel 011- 02 in the amount of Twenty-two Thousand One Hundred One and 95/100 Dollars ($22,101.95) are hereby deferred until hook up of each individual parcel to the water line in Diiiley Road. The charge will then be at the current connection fee rate. r 611 432 3780 12-13-96 12:05PM P003 #32 SENT BY: 12-19-96 ; 11:49 ; SEVERSON SfiELDON-4 612 681 4612;* 41 6 Page USTIPULA110N, ORDER FOR JUDGMENT AND JUDGMENT c. Water Seances_ The wader service cbwgwf for parcel 01 0-80 in the amount Of One Thousand Four Hundred Twenty and 68/100 ($1,420.68) and Parcel 010-84 in the amount of One Thousand Four Hundred Twenty and 6$!100 ($1,420.68) are hereby deferred until hook up. The charge will then be at the then current water service fee rate. d. SlnxtAssessment The street assessment far Parcel 011-02 in the principal amount of 'Thirty -Two Thousand Four hundred Ninety-five and 101100 Dollars ($32,495.10) is hereby deleted. The street and storm assessment for Parcel 010-84 in the amount of Fiffieen Thousand One Hundred Fourteen and no/100 Dollars ($15,114.00) and Parcel 010-80 in the amount of Fifteen Thousand, One flundred Fourteen and no/) 00 Dollars ($15,114.00) hereby remain in place and will continue to be paid under the original asses=wt plan. 2. Appellants hereby waive Notice of Hearing and Hearing on the reassessment. 3. Appellants hereby rdam a the City from any and all claims arising out of or relating 10 the reconstruction orDiffley Road, tha acquisition of the easement thereto and the placement of the water line within Diffley Road. 4. The City shall direct the Dakota County Treasurer to recompute Appellants' real estate tax aasessrnent using the above assessment figures. Dated: Anthony Caponi Dated: Cheryl Caponi Dated- CITY OF BAGAN By: Thomas A. Egan lts. Mayor By: E. J. VanOverbeke Its: City Cleric R-94% 612 432 3780 12-13-96 12:05PM P004 #32 SEM BY; 12-13-96 ; 11:49 ; SEVERSON SHELDON-# Page 4/STIPULATION, ORDER FOR JUDGMENT AND XDGMENT STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing mst n==t was acknowledged before me this clay of 1996, by Anthony Caponi and Cheryl Caponi, husband and wife. Notary Public STATE OF MINNESOTA,) )ss. COUNTY OF DAKOTA ) 612 681 4612;# 5/ 6 The foregoing inStru hent was acknowledged before me this day of 1996, by Thomas A. F4an and E. J. VanOverbeke, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the corporation. APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated. R-94% Notary Public q0 612 432 3780 12-13-96 12:05PM P005 #32 Agenda Information Memo December 16, 1996 Eagan City Council Meeting PUBLIC HEARINGS A. MULTI -FAMILY HOUSING REVENUE REFUNDING BONDS - WOODRIDGE APARTMENT PROJECT ACTION TO BE CONSIDERED: To hold the public hearing and consider any information received. FACTS: • At the November 19, 1996 City Council meeting, the City set a public hearing for December 16, 1996. • The hearing is necessary because an extension of the maturity date of the proposed bonds is being incorporated. • The applicant had expected that the City would also consider final approval of issuance of the Bonds at this meeting. However, the HUD approval process is taking longer than anticipated. It is now expected that the transaction will close in January and it would be premature for the City to consider final approval at this time. G� Agenda Information Memo December 16, 1996 Eagan City Council Meeting ALD BUSINESS A. CERTIFICATION OF 1997 PROPERTY TAX LEVY, INCLUDING CITY, TRANSIT AND SPECIAL SERVICES DISTRICT ACTION TO BE CONSIDERED: To approve or deny or approve with modifications the resolution certifying the 1997 Payable Property Tax Levy. FACTS: • The following proposed property tax levies have been considered at numerous Special City Council meetings and at the truth -in -taxation public hearing held on December 4, 1996. • The truth -in -taxation notices show a city tax capacity rate of 21.682, a transit tax capacity rate of 2.818 and a Cedarvale Special Services District tax capacity rate of 2.750. ■ All truth -in -taxation requirements have been met. The final levy certification must be at the County by December 30, 1996. ATTACHMENTS: • Enclosed on page 07 is the resolution certifying the 1997 payable property taxes. RESOLUTION CITY OF EAGAN LEVY OF 1997 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 16, 1996, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember by Councilmember and seconded NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of 1997 Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 1997 as follows: Revenues: General Fund $10,908,261 Equipment Revolving Fund 383,200 Major Street Fund 668,909 Subtotal Revenues $11,960,370 Debt: Debt Service $ 1.417.800 Subtotal City Services $13,378,170 Transit: Transit Services JS 1.738.193 1,738,193 Total City Wide Levy $15116.363 Cedarvale Special Services District Levy JLL792 Dated: December 16. 1996 CITY OF EAGAN CITY COUNCIL 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 16th day of December, 1996. E. J. VanOverbeke, City Clerk Agenda Information Memo December 16, 1996 Eagan City Council Meeting B. APPROVAL OF 1997 GENERAL FUND BUDGET AND 1997 ENTERPRISE FUND BUDGETS INCLUDING WATER, SANITARY SEWER, STREETLIGHTING, STORM DRAINAGE/WATER QUALITY AND CIVIC ARENA ACTION TO BE CONSIDERED: To approve or deny or approve with modifications the 1997 General Fund Budget and 1997 Enterprise Fund Budgets including Water, Sanitary Sewer, Streetlighting, Storm Drainage/Water Quality and Civic Arena. FACTS: • The General Fund Budget and each of the Enterprise Fund Budgets have been reviewed in detail at numerous Special City Council meetings. • All truth -in -taxation requirements have been met to date. ATTACHMENTS: • General Fund Revenues and Expenditures on pages through �Z • Water, Sanitary Sewer, Streetlighting and Storm Drainage/Water Quality Revenues on page 03 . • Water, Sam ary Sewer, Streetlighting and Storm Drainage/Water Quality Expenses on page ( o . • Civic Arena Revenues on page 42-C. • Civic Arena Expenses on page ZQ� . 1997 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 1995 1 1996 1 1 1997 Actual Budges Estimate General Property Taxes $ 9,272,291 $ 10,251,700 $ 10,908,300 Licenses 105,591 98,400 118,900 Permits 812,975 611,600 594,300 Intergovernmental Revenues 2,082,154 1,916,500 2,045,400 Charges for Services 757,268 459,600 620,700 Recreation Charges 320,436 294,600 326,600 Fines & Forfeits 240,710 200,000 200,000 Other Revenues 501,236 329,700 289,400 Program Revenues 721,640 770,200 717,600 Transfers 121,246 19,,600 130,900 TOTAL GENERAL FUND $ 14.935.547 $ 15.081.900 $ 15.952.100 A 97BUDEXP.WK4 1997 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF EXPENDITURES 12/02/96 o a- 1895 1996 1997 Actual Budget % Increase '96 ,97 GENL GOVERNMENT Estimate to 01 Mayor & Council $ 105,136 $ 98,200 $ 104,600 6.5% 02 Administration 601,844 616,900 657,100 6.5% 03 Data Processing 365,974 381,500 496,200 30.1% 05 Finance/City Clerk 801,046 890,600 890,200 -0.0% 06 Legal 263,201 315,800 315,800 0.0% 07 Community Development 1,130,654 1,284,800 1,338,600 4.2% 10 Cable TV 3,390 32.200 15,700 -51.2% Gen Govt Total 3,271.245 3.620.000 3.818.200 5.5% PUBLIC SAFETY 11 Police 5,085,732 5,442,700 5,711,800 4.9% 12 Fire 844.525 888.500 878.200 -1.2% Public Safety Total 5,930,257 6.331.200 6,590,000 4.1% PUBLIC WORKS 21 Public Works Engineering 859,211 902,400 925,000 2.5% 22 Streets & Highways 990,504 961,300 1,045,600 8.8% 24 Central Svices. Maint. 329.853 346,600 365.500 5.5% Public Works Total 2,179.568 2.210.300 2,336,100 5.7% PARKS & RECREATION 31 Parks & Recreation 1,956,729 2,074,300 2,184,200 5.3°% 32 Forestry 187.469 191,400 212.900 11.2°% Parks & Rec Total 2,144,198 2.265.700 2.397.100 5.8°% GENL GOVT BLDG MAINT 33 Building Maintenance 323.728 455,600 497.100 9.1% OTHER 41 Contingency 0 199.100 313.600 57.5% Total Expenditures - General Fund $13.848.996 $15.081.900 $15.952.100 5.8% o a- 9720REV.WK4 Public Utilities Fund Detail of Revenues NON -DEPARTMENTAL: 3016 Assmt Penalties and Interest Actual im Actual 1995 DEPARTMENTAL: Water 23,494 3426 3711 Water Service Fees $2,922,272 $3,041,049 3712 Water Service Penalties 33,704 8,270 3713 Water Connection Permits 24,800 17,170 3714 Water Service Taps 100 0 3716 Sale of Meters 105,547 55,354 3719 Water Tum Off/On Fee 8,305 4,740 3720 Collection Fees . 11,700 (10) 3721 Constr Meter Permits 80 200 3722 Acct Deposit Not Refunded (1 ) __L25] Other Reimbursements 16,479 3,106,507 3,126,748 Sanitary Sewer 3741 Sanitary Sewer Service Fees 3,550,329 3,830,091 3742 Sanitary Sewer Penalties 64,647 9,984 3743 San Sewer Connection Permits 25,815 16,850 3744 San Sewer Service Taps 100 0 3,640,891 3,856,925 Street Lights 3771 Neighborhood Light Svc Fees 168,852 177,239 3772 Neighbrhd/Comm Lt Penalties 1,644 403 3775 Community Light Service Fees 145,516 151,126 316,012 328,768 Storm Drainage 3761 Storm Drainage Service Fees 550,590 593,415 3762 Storm Drainage Penalties 6,165 1,513 556,755 594,928 NON -DEPARTMENTAL: 3016 Assmt Penalties and Interest 744 3340 State Grant -Water Quality 23,494 3426 Developer Escrow Reimbursmt 9,825 3428 Street Light Administration 15,049 3442 Maint Equipment and Personnel 2,347 3810 Interest on Investments 1,330,958 3812 Interest on Assessments 41,018 3814 Interest on MWCC 14,845 3821 Building Rent (Antenna leases) 0 3840 Sale of City Property 1,793 3858 Water Quality Dedication Fees 87,947 3865 Connection Charge -Water 500,319 3868 Conn Chg-Water Treatmt Plant 357,048 3880 Other Revenue 28,386 3920 Other Reimbursements 16,479 3980 Transfer In 2,355 2,432,607 1,536 12,246 15,575 230 210 1,465,659 53,112 13,142 0 445 75,000 391,130 251,232 6,216 20 0 Budget 1996 $3,075,000 6,000 13,600 0 51,000 3,000 0 100 0 3,148,700 Proposed Budget 1997 $3,226,000 9,000 22,300 0 100,000 2,000 0 500 0 3,359,800 3,900,000 4,063,000 7,500 11,000 13,000 22,400 0 0 3,920,500 4,096,400 179,000 188,000 200 400 154,000 160,000 333,200 348,400 640,000 670,500 1,100 1,500 641,100 672,000 0 0 9,000 0 500 1,396,000 36,600 11,400 0 0 20,000 340,000 202,000 2,000 0 0 0 0 10,000 0 0 1,550,000 43,500 8,900 129,400 0 35,000 400,000 250,000 2,000 0 0 Z,Zvo, /03 2,011,000 Z,428,800 GRAND TOTAL ,510.052772 110.193.122 5,10.061.000 j10. 45. g.Q 97220EXP.WK4 Public Utilities Fund Comparative Summary of Expenses ►a► • LTIUM; Capital Outlay Actual Actual Budget Budget OPERATIONS 1994 1995 1996 1997 WATER * - 400,000 1,500,000 Personal Services $437,584 $467,240 $475,600 $533,900 Parts & Supplies 274,074 224,358 250,600 241,900 Services & Other Charges 880,117 919,088 981,200 2,110,300 SANITARY SEWER * 129,000 129,000 Personal Services 289,217 282,923 330,600 346,800 Parts & Supplies 47,267 50,878 55,100 55,600 Services & Other Charges 287,136 248,069 256,600 810,200 MCES Service Charge 2,500,004 2,934,692 2,916,700 2,770,000 STREET LIGHTING Services & Other Charges 280,543 269,025 278,200 265,000 STORM DRAINAGE * * 96,000 3,000 Personal Services 114,013 111,692 126,900 132,800 Parts & Supplies 58,508 40,066 38,800 31,800 Services & Other Charges 402.232 346.906 245,200 277,700 TOTAL OPERATING EXPENSES 8,219,938 8,457,783 9,116,758 13,429,879 BEFORE DEPRECIATION 5,570,695 5,894,937 5,955,500 7,576,000 ►a► • LTIUM; Capital Outlay * 45,100 1,829,000 Special Assessments 0 0 0 0 Construction-Supply/Storage * * 400,000 1,500,000 Renewal/Replacement 231,271 364,551 112,000 176,500 Debt Service -Principal 650,000 675,000 750,000 775,000 Debt Service -Interest 996,700 1,333,997 1,255,358 1,014,179 Meter Purchases * 129,000 129,000 Interfund Transfers 434,414 94,566 0 0 SANITARY SEWER Capital Outlay * * 21,300 52,200 Renewal/Replacement 72,831 10,706 0 70,000 STORM DRAINAGE Renewal/Replacement 165,972 84,026 37,500 37,500 Capital Outlay * * 96,000 3,000 Sys Expansion/Modification 98,055 Q 315.000 267.500 TOTAL OPERATING AND NON- OPERATING EXPENSES BEFORE DEPRECIATION 8,219,938 8,457,783 9,116,758 13,429,879 DEPRECIATION EXPENSE TOTAL EXPENSES 5, -78� 2=908 510.053.994 $10.695.958 $15.022.179 * Recorded as fixed asset acquisitions rather tha expenses. Civic Arena Proposed 1997 Revenues *Partial year of operations cst D/arena. rev Actual Budget Estimated Revenues 1995* 1996 1997 3500 Park & Rec Charges (Men's) $ 11,200 0 3560 Ice Rental (Exempt) $ 53,534 156,000 $181,500 3561 Ice Rental (Non -Exempt) 6,011 20,000 3562 General Admission 12,307 25,000 23,000 3563 Arena Program Revenues 26,708 53,500 50,500 3564 Arena Merchandise Sales 17,727 46,000 48,000 3565 Skate Rental 771 3,000 3,000 3566 Skate Sharpening 1,607 6,000 6,000 3567 H.S. Game Receipts 3,966 7,500 7,500 3568 Arena Advertising 10,293 17,000 15,500 3561 Dry Floor Rental -- -- 18.000 11.300 $132,924 $343,200 $366,300 *Partial year of operations cst D/arena. rev Civic Arena Fund Summary of Expenses Personal Services Supplies, Repairs, Maintenance Cost of Merchandise Sales Other Services and Charges Capital Outlay Renewal and Replacement 1995 1996 1997 Actual Budget Budget $82,005 $157,400 $180,700 17,141 22,700 33,600 10,198 23,500 16,000 25,133 57,100 92,450 1,500 9,500 0 26,750 26,750 " Amount was capitalized; not recorded as expense. �o b Agenda Information Memo December 16, Eagan City Council Meeting C. APPROVAL OF 1997-2001 CAPITAL IMPROVEMENT PROGRAM, INCLUDING PART I GENERAL GOVERNMENT FACILITIES PART II (VEIHCLE AND EQUIPMENT) AND PART III FRASTR_ UCTURE EXCLUDING PARKS ACTION TO BE CONSIDERED: To approve or deny or approve with modifications the 1997-2001 Capital Improvement Program, including Part I (General Government), Part II (Vehicles and Equipment) and Part III (Infrastructure) excluding Parks. FACTS: • The proposed five-year C.I.P. (1997-2001) was reviewed and given preliminary approval at Special City Council meetings on November 7, 1996 (Storm Drainage/ Water Quality) and November 21, 1996. • Part I - General Government Facilities At the special meeting held November 21, 1996, preliminary approval was given to a budget of $1,500,000 to demolish the existing Fire Administration Building and to construct a new facility on that site. The project is to be funded from the Community Investment Fund. The need for fire training and other City training/storage needs is to be further analyzed during 1997. Part II - Vehicles and Equipment At the special meeting held November 21, 1996, preliminary approval was given to the $500,000 allocation for 1997 purchases, with the same departmental breakdown used in previous years. The Fire Department was previously given approval to purchase a telesquirt/pumper by advancing allocations from subsequent years. Certain departments will be purchasing equipment in 1997 with balances carried forward from earlier years. Staff is directed to continue working on the Part II funding levels and allocation methodology. • Part III - Infrastructure At a special meeting held November 7, 1996, the five-year storm drainage/water quality C.I.P. was given preliminary approval. The summary is enclosed on page °7 11r Agenda Information Memo December 16, 1996 Eagan City Council Meeting The following infrastructure areas were given preliminary approval on November 21, 1996: l Arterials and collectors on page . Local streets (overlay- construction) on page ILL. t . Sealcoating on page . Signals on page Streetlighting on page Water trunk distribution on page. Water system operation and facilities on page. Sanitary sewer trunk conveyance on page A7 Sanitary sewer operation and facilities on page. • Part III Parks improvements were limited to the funding available on a pay-as-you-go basis. Project priority is to be recommended by the Advisory Parks, Recreation & Natural Resources Commission and returned to the City Council for approval as part of the C.I.P. Detailed lists of equipment and projects are available for any City Councilmember who would like the additional information. The fmal published document, which will be provided, will incorporate these details. P Kl� r g g g • a 8 8 S 8 Kl� r a Kl� r I -- CO) W d W Z � H Q�UJ tuU. aUJN 0 >� 09 a !' J H a a CR O g co N o f- N w K N Goocr; IV J � m m� � v a cc go N y h M h CR O g co N o f- N w K N Goocr; IV Sl O c N o N K N JJpJp Sl N N N »vii a J JJpJp J � a cc go to r r r N t,� F N W O W T :. W p t �WN ow � � h a— c� _ J FQ- d V R W O M a W W 9 I'D W O N f 8 I"A mIIzco Y'f N O N f 8 I"A mIIzco Y'f J U O V G 00000 O' LL O r' NI LD Cb � N LL C) 0) ^ rCDNCO) to N 4 �I r CD N CO 1"' co, C �- N I- qf- r pp 49 " iA 49 49 Vi V G LL O r' NI LD LL C) 0) ^ rCDNCO) to N 4 �I ` O �V-V-V-0 C y a 0 0 0 0 0, C c Q LL O C y a 0 0 0 0 0, Em 0 C W 00 000 D 000tac o, C)CDMoo O C) C) o 0 C14 44 69 409. w � O c d C O w Q ._ V N D y a J y:. Q E6 C C)CDMoo O C) C) o 0 'r- �r- 4r- N N H N N 9 in -9 C^ a w a iA i9 0 W w L W N � � ISM H U N 9 in -9 O N O iA i9 P � iA i9 P � F s U 12 11 R k 8 k A "I R H 8 $ 8I d h W iR h a W W W N a� d MSM a d U F s U 12 11 R k 8 k A "I R k 8 $ 8I h iR iR h fAl t i lot 77 —7 F - Ch 44 A 0 6J� a U Cie Z5 �5 Z5 Z5 4 ...i N H y y H H H H y H H H y H Hal 2 F 4 4 4 ...i N H y y H H H H y Hal 2 F H y y H H Hal 2 F a U H 21 H 0 F W s O � I a 4 $ 4 w $ ,,p 4Q a d z„ U F d U a U H 21 0 F U s O � I 4 $ 4 4 $ ,,p 4Q 0 F U s O � 0 4 4 4 4 4 d 1 "' 0 F U s O � 1 F V! 4 4 4 4 4 w h gE Oi r � r t .� a Agenda Information Memo December 16, 1996 D. PROJECT 6368, FINAL ASSESSMENT ROLL - POPPLER LANE ACTION FOR COUNCIL CONSIDERATION: To receive the Public Works Committee recommendation and approve/modify the final assessment roll for Project 636R (Doppler Lane - street improvements) and certify the roll to Dakota County for collection to begin with taxes payable in the year 2002. FACTS: On November 19, the City Council held a public hearing to consider the adoption of the final assessment roll for the above referenced project. Based on objections submitted by several property owners, the City Council closed the public hearing and referred the issue to the Public Works Committee for review and recommendations. The Public Works Committee met on December 3, 1996 to review the project, final assessment roll and objections from affected property owners. As a result of that meeting, the Public Works Committee is recommending to the City Council that the final assessment for the above reference project be reduced by $354.50 per lot for street related assessments and reduced by $135.63 per lot for utility services resulting in an overall reduction of the total assessable amount by $3,868.66. With the public hearing having been closed by Council action on November 19, this Public Works Committee recommendation is being presented to the City Council under Old Business. ISSUES: Subsequent to the Public Works Committee meeting, Mr. Larry P. Poppler requested that this item be continued to a future Council meeting in January. Without the ability to reconvene the Public Works Committee to consider this request, it is being presented to the City Council on December 16 in accordance with the Public Works Committee directive. Larry P. Poppler has submitted additional information in a letter dated December 9 objecting to the Public Works Committee's recommendation. On December 11, Eagan's Public Works Director contacted the Public Works Director/City Engineer (Mr. Mark Maloney) for the City of Shoreview to obtain more information regarding a maximum assessment policy referenced in Mr. Popplers letter. Mr. Maloney was not aware of any administrative or Council policy guaranteeing special assessments at 30% over bid. Also, he indicated that the assignment of City versus consultant personnel for construction staking, inspection and/or contract management services were a mixture of City and consultant personnel based on expertise and/or work load availability similar to the City of Eagan. ATTACHMENTS: • Final assessment report, pages Ai5through • Public Works Committee meetin utes, pages through . 0 12/09/96 Poppler letter, pages Yhrough • Comparative Assessment Rate Summary, page �W. l�9 T 11Ne%L FkaaL' JJ1r1L1'N 1 r1L' AXIEN .r • e.Y,oK (SKr re . PROJECT NUMBER: 636R ASSESSMENT HEARING DATE: (Cont. To November 19, 1996) SUBDIVISION/AREA: Pgppler Lane PUBLIC HEARING DATE: ]emery 16, 1996 IMPROVEMENT INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report SANITARY FINAL F.R. SEWER RATES RATES ❑ Trunk ❑ Laterals ❑ Service ❑ Lat. Benefit/Trunk STORM FINAL F.R. SEWER RATES RATES ❑ Trunk ❑ Laterals ❑ Lat. Benefit/Trunk WATER STREETS ❑ Trunk ❑ Gravel Base ❑ Laterals ® Surfacing Z$9.515.64/Lot 2S7.947.00J.= ❑ Service ❑ Res. Equivalent ❑ WAC ❑ Multi Equivalent ❑ Lat. Benefit/Trunk ❑ C/I Equivalent ❑ Trail aax v t%.rlJ ® Water & San. Sewer 'S731.26/Lot '$2:488.00/Lot STREET LIGHTS ❑ Installation ❑ Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO� PAR TERMS RATE ASSESSED FINANCED $83,960.00 F.R. 50.00 96-05 9 7 Years 7% $89.297.06 $0.00 COMMENTS: y The $744.63 =mots the cost to the location of the o sting services The $2,488 was the estimated cost to install new service ai Armoximately $785 of the ovecnm is caused charges associated with bidding this 2tJect 2 times. The balance of the ovemm is associated with hider m&eering and insncction costs that are incurred by the City when admuusterin& a small improvement project a� city of eagan TO: DEANNA KIVI, SPECIAL ASSESSMENT CLERK FROM: GERALD R. WOBSCHALL, CONSULTANT DATE: NOVEMBER 13, 1996 SUBJECT: FINAL ASSESSMENT ROLL - PROJECT NO. 636R POPPLER LANE STREET AND UTILITIES MEMO The City Council at the conclusion of the public hearing on January 16, 1996 ordered Project 6368. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are sanitary sewer and water service pairs, storm sewer for street drainage and street improvements. The sanitary sewer and water service pairs were included in the feasibility report in the event existing service pairs were not located. The existing services were located during construction, therefore, the charges for locating those services are proposed for assessment to the lots served by the service pairs. In the feasibility it was proposed to assess all improvements using a lot method. In this report the lot method will be used to compute the assessments for all improvements. Construction of the improvements was accomplished under Contract No. 96-04 which is substantially complete. The assessment hearing scheduled for November 4, 1996 was continued to November 19, 1996. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $56,172.30 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $33,124.75 were added resulting in an improvement and project cost of $89,297.05. The detail of these other costs is provided on Schedule I. The other costs are allocated to the improvements constructed in order to determine the cost of each improvement. The other costs include costs for two feasibility reports and charges for rebidding the project. It is estimated the delay of the project added $8,700 to the other costs. Construction Other Improvement Costs Costs Sanitary Sewer and Water $ 2,300.00 Service Pairs Street TOTAL 11. ASSESSMENTS 53.872.30 S 56.172, 30 A. TRUNK ASSESSMENTS $1,356.31 31.768.44 S 33.124.75 Improvement Feasibility Costs Report $ 3,656.31 $12,440.00 85.640.74 71, 520.00 $89.297.05835 .960,0 No trunk assessments for utilities were proposed in the feasibility report for this project because they were collected as a condition of development or were previously assessed. B. UTILITY LATERAL AND STREET IMPROVEMENTS 1. Sanitary Sewer and Water Service Pairs 5service pairs were located at a construction cost of $2,300.00. Other costs in the amount of $1,356.31 were allocated to the construction costs. This results in an improvement and assessable cost of $3,656.31 to the benefitting properties. The feasibility report called for this improvement to be 100% assessed using a lot method. The assessment rate was computed in the following manner. IMPROVEMENT COST $3,656.31 2. Street ASSESSABLE UNITS 5 LOTS ASSESSMENT RATE $731.26/LOT The street improvements consisted of the installation of Popper Lane at a construction cost of $53,872.30. Other costs in the amount of $31,768.44 were allocated to the construction costs which results in an improvement cost of $85,640.74. The feasibility report called for this improvement to be 100°A assessed using a lot method. The assessment rate was computed in the following manner IMPROVEMENT COST $85,640.74 ASSESSABLE UNITS 9 LOTS 3 ASSESSMENT RATE $9,515.64/LOT C. ASSESSMENT TERMS The assessments are to be spread for a term of 7 years as proposed in the feasibility report. The interest rate is 7.0% per annum on the unpaid balance. III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT IMPROVEMENT COST Sanitary Sewer and Water $3,656.31 Service Pair Street 85.640.74 Total Gerald R. Wobschail Reviewed: Public Works Depaffm ent Dated: !� �� 4/—' 90.929.42 ASSESSMENT REVENUE $3,656.30 85.640.76 $90.929.46 Reviewed: k��Lrt-4 114-L - Finance Department Dated: 11- l 5 - 410 cc: Thomas A. Colbert, Director of Public Works E.J. VanOverbeke, Director of Finance/City Clerk Jim Sheldon, City Attorney Tom Pepper, Assistant Finance Director Larry Poppler GRW/cb 4 f0I l CITrS (RESPONSIBILITY) (0.01) 0.02 $0.04 m 9 O� O r O A A A A A A ^ovNNv�o WJW J m li m m CO m<N AM < I: < W% ul% Y. a 1.NN 6% �O LA Ni O ava.Mt.MSP,Osa o10 a = Wal a P rn m 4 W W P It P PIT P Q a Ln Lm 'a Ln A v.-vv.-vnvo� Wd W1 NW1NNWIN W1NN O O� OOP OO PO 0' C2 O� W N Al N 2 Z w N N N w N N m W f �gsssgggss rrrrrrrr.r. p M Wf Wi w Vi w Wi WJ W! W W W W W W W W W SSS S SSS S S �SSSSSS. Y.Y W W W W W W W W W J J J J. J J J J J 4Laa0.a4as9L $$$�$C$$� 000000�a� 00000p0000 »• � NM N �O N M r i 0 0 0 0 0 0 0 0 0 paW LAJ 2O �O}�O}yOOO���} m e s d v y 2 4, 1 3 9, QV7 N Y1 Y1 Y1 in N V1 Y1 0 0000=4000 LONE OAK ROAD ASSESSMENT LEGEND • _ $ 9,515.64 / LOT STREET RECONSTRUCTION • _ $ 731.26 / LOT SERVICE LOCATION POPPLER LANE CITY of EA"N PROJECT 636R lL3, jJ � Z 02 0 Tpp • \ O\O as 3 = LLJ CL • 4 v�Q' Q A 4v a Qv w W 2 5 2 a z a T 4� • < A W a • -� 3 8 ASSESSMENT LEGEND • _ $ 9,515.64 / LOT STREET RECONSTRUCTION • _ $ 731.26 / LOT SERVICE LOCATION POPPLER LANE CITY of EA"N PROJECT 636R lL3, 01 -Oct -96 /a� VTR AND SAN SEVER SVC Y SA NAME VSSVC636R SA* 2780 - YEARS 7 SF 731.26 INT RATE .07 MF 731.26 NOS 1ST YR INT 14 CI 731.26 YEAR 1996 ASSESSMENT REC PROPERTY GROSS NET UNITS PRO -RATA RATE AMOUNT NMBR IDENTO CL UNITS CREDITS SUBTOTAL FA ASSIBLE SNARE --- --- - 1 10-58400-010-OOSF 0 0 0 1 0 1 731.260 0.00 2 10-58400-020-OOSF 1 0 1 1 1 1 731.260 731.26 3 10-58400.030-00SF 0 0 0 1 0 1 731.260 0.00 4 10-58400.040-OOSF 1 0 1 1 1 1 731.260 731.26 5 10-58400-050.00SF 1 0 1 1 1 1 731.260 731.26 6 10-58400-060-GOSF 0 0 0 1 0 1 731.260 0.00 7 10-58401-010-01SF 1 0 1 1 1 1 731.260 731.26 8 10.58401.020-OISF 0 0 0 1 0 1 731.260 0.00 9 10-58401-030-01SF 1 0 1 1 1 1 731.260 731.26 5 0 5 3656.3 /a� 01 -Oct -96 9,515.64 9,515.64 9,515.64 MET UNITS PRO -RATA ASSIBLE SHARE 11 11 11 11 11 11 11 11 1 1 'a1 ASSESSMENT RATE AMOUNT 9,515.640 STREET 1 9515.64 9,515.640 9515.64 SA NAME ST636R 9515.64 9,515.640 9515.64 9,515.640 SA# 2781 9,515.640 9515.64 9,515.640 9515.64 YEARS 7 9515.64 SF INT RATE .07 MF MOS IST TR INT 14 CI YEAR 1996 REC PROPERTY GROSS NMBR IDENT# CL UNITS CREDITS SUBTOTAL FA 1 10-58400-010-CDSF 1 0 1 1 2 10-58400-020-OOSF 1 0 1 1 3 10-58400-030-OGSF 1 0 1 1 4 10-58400-040-OOSF 1 0 1 1 5 10-58400-050-OOSF 1 0 1 1 6 10-58400-060-OOSF 1 0 1 1 7 10-58401-010-OISF 1 0 1 1 8 10-58401-020-01SF 1 0 1 1 9 10-58401-030-01SF 1 0 1 1 9 0 9 9,515.64 9,515.64 9,515.64 MET UNITS PRO -RATA ASSIBLE SHARE 11 11 11 11 11 11 11 11 1 1 'a1 ASSESSMENT RATE AMOUNT 9,515.640 9515.64 9,515.640 9515.64 9,515.640 9515.64 9,515.640 9515.64 9,515.640 9515.64 9,515.640 9515.64 9,515.640 9515.64 9,515.640 9515.64 9,515,640 9515.64 85640.76 1 0 O^igQ�m�j w7 A O A ■ OIO . A S N N N O � N N� S S • r • r W, usin ■ 3aIT IT UA W � � ■ : gr X O o $$ oo : r • r • / s stN ; ga N m j A N NN • IA N A4 O A N r r • r • S g a g■ $im N No N N N', O O N r r r : ■ / A . i N N N IR n a IAC �m : o ao co ■ + r SM M E : V �9 IV N N N r • r r o o� a r • r r • � o / p bb ON R !f • 9A OS tV • S r A/ • ^ � N O N f�O!i +�' V• G7 O lu W O 'C W E UA W $ O W :_ 7 C LL s i LU 8 abU �m CW bN � • 10/01/96 D.S. FUND: 454 CITY OF EAGAN CONST FUND: 372 PROJECT: 636R PROGRAM: 882 INTEREST CALCULATION CONTRACT: 96-05 Poppler Addition DATE PAYMENT INT RATE TIME TOTAL SEPT, 96 167.41 0.057 +1/12 0.80 AUG, 96 40,364.71 0.057 +2/12 383.46 JULY, 96 193.87 0.057 +3/12 2.76 JUNE, 96 30.00 0.057 +4/12 0.57 MAY, 96 5,185.28 0.057 +5/12 123.1.5 MAR, 96 1, 399.97 0.057 +7/12 46.55 FEB, 96 134.00 0.057 +8/12 5.09 JAN, 96 12.00 0.057 +9112 0.51 DEC, 92 9, 023.45 0.059 46/12 2,040.80 NOV, 92 20.00 0.059 47/12 4.62 OCT, 92 1,100.00 0.059 48/12 259.60 AUG, 92 79.50 0.059 50/12 19.54 JUN 92 (1,300.00) 0.059 52/12 (332.37) 56,410.19 2,555.10 BONtSTR00 ASSOCIATES f 6126361311 09/12/96 16:16 15:02 fNaISURING COST SUMMARY AE?_= XH Name Po P. lane Utility Service Storm Sewer 8 Str impnry Contract No. 96-05 Projoot No. 30 836A _ Field Supervisor File No. Hour: 49542 A. PEJq DIES COST OlillOUfiM Hours Tech. 2 1. Cost Billed to Date Through August 31 1998 including Invoice dated _ September 1996 2. Engineering Costs Incurred but not Billed Hours Sr.Principal Engr. 0 587.00 _ Hours Prinicipal/Project Mgr. ® $77.00 _ . __._ Hours Graduate Engr. ® 1S3.50 Hours Feld Supervisor ® $53.50 Hours Sr. Tech. ® $48.00 Hours Word Processor 0 $31.50 . 3. Estimated Engineering Costs to be incurred Hours Sr.Principal Engr. ® 887.00 Hours Prinicipal/Project Mgr. 0 ,377.00 TOTAL FINAL PER DIEM PROJECT COSTS (1 + 2 + 3) R.- FEE COST J►f11IOURM I. Construction of (includes 1/2% for Record Plan) 2. Foe Costs billed to date m $.53.50 Q 353.50 a S".00-- 0 $34.00 a 531.50 _ _ ;24,352.89 $0.00 0.00 0.00 0.00 0.00 0.00 TOTAL - - ' 30.00 $0.00 0.00 0.00 1,605.00 960.00 340.00 83.00 TOTAL - - '_42,90-00 X27,320.89 Estimated Close-out Invoice 0 - 2) C TOTAL FRC6 ECT ENGINFFR1NG CO21(A z9-1) For PO _pler_LBne utility Service Stwm Sewer 9 Str imp+ File No. 49582 (Contract No. 98-05 Project No. 838F ) • indicated estimated additional engineering costs 150 $27.320.89 NO: 125 Hours Graduate Engr. 30 Hours Field Supervisor 20 Hour: Sr. Tech. 10 Hours Tech. 2 Hours W. Process TOTAL FINAL PER DIEM PROJECT COSTS (1 + 2 + 3) R.- FEE COST J►f11IOURM I. Construction of (includes 1/2% for Record Plan) 2. Foe Costs billed to date m $.53.50 Q 353.50 a S".00-- 0 $34.00 a 531.50 _ _ ;24,352.89 $0.00 0.00 0.00 0.00 0.00 0.00 TOTAL - - ' 30.00 $0.00 0.00 0.00 1,605.00 960.00 340.00 83.00 TOTAL - - '_42,90-00 X27,320.89 Estimated Close-out Invoice 0 - 2) C TOTAL FRC6 ECT ENGINFFR1NG CO21(A z9-1) For PO _pler_LBne utility Service Stwm Sewer 9 Str imp+ File No. 49582 (Contract No. 98-05 Project No. 838F ) • indicated estimated additional engineering costs 150 $27.320.89 NO: 125 PROJECT 636 09/17/96 CITY STAFF TIME THRU 08/31/96 AMOUNT AMOUNT (ACTUAL) (X 2) A PRELIM REPORT PREP 656.24 1,312.48 B PRELIM SURVEYING 0.00 C DESIGN SURVEYING 0.00 D DESIGN 262.50 525.00 E PLAN & SPEC PREP/REVIEW 181.25 362.50 F CONTRACT MANAGEMENT 495.00 990.00 G CONSTRUCTION STAKING 0.00 H INSPECTION 0.00 I RECORD PLAN PREP/REVIEW 0.00 J EASEMENT/RIGHT OF WAY 20.00 40.00 K FINAL ASSESSMENTS 0.00 L MISCELLANEOUS 0.00 N DEVELOPMENT CONT PREP 112.50 225.00 S UTILITY INSPECTION 0.00 TOTAL CITY STAFF TIME 1,727.49 3,454.98 OTHER ACTIVITIES CONTRACT PAYMENTS 40,006.07 CONSULTING ENGINEERING BONESTROO 17,036.84 INSTANT TESTING 167.41 ALLIED TEST BRAUN 17,204.25 LEGAL 499.87 MISCELLANEOUS JERRY DEPT OF HEALTH PCA CTY AUDITOR (3( 0.00 57,710.19 57542.78 1727.49 ;A41.1.t 'C44+ 1b� �►1 3a- C I T Y O F E A G A N Date: 09/17/96 Finance Department Project: POPPLER ADDU 882 ............................................................................................................................ Project Activity Detail File Name: P636 Reference S S Activity Base Overtime . Date Description ................•....................................................................................... Hummer Payments PeyrolL Code Hours Hours Deposits 06/13/92 ASST CITY ENG 30.00 A 1.00 0.0000 06/13/92 DIR PUB WKS 40.00 A 1.00 0.0000 07/25/92 D I R PUB WKS 40.00 A 1.00 0.0000 07/25/92 ASST CITY ENG 105.00 A 3.50 0.0000 07/25/92 SR ENG TECH 36.24 A 2.00 0.0000 08/04/92 SEVERSON WILCOX ETC JUNE 92 217S40 79.50 DD 0.00 08/08/92 ASST CITY ENG 90.00 A 3.00 0.0000 08/22/92 ASST CITY ENG 30.00 A 1.00 0.0000 09/05/92 DES/DEV ENG 41.25 E 1.50 0.0000 09/05/92 ASST CITY ENG 30.00 E 1.00 0.0000 09/19/92 ASST CITY ENG 60.00 0 2.00 0.0000 10/03/92 SR ENG TECH 135.00 F 6.00 0.0000 10/03/92 ASST CITY ENG 30.00 F 1.00 0.0000 10/06/92 BONESTROO ROSENE PRELIMINARY REPORT 280B56 1100.00 EE 0.00 10/17/92 SR ENG TECH 157.50 F 7.00 0.0000 11/03/92 SEVERSON WILCOX ETC SEPT 92 308540 20.00 DD 0.00 12/01/92 SEVERSON WILCOX ETC OCT 92 336540 20.00 DO 0.00 12/15/92 BONESTROO ROSENE NOV 92 350856 645.78 EE 0.00 12/15/92 BONESTROO ROSENE OCT 92 35OB56 8357.67 EE 0.00 02/20/93 ENG TECH 20.00 J 1.00 0.0000 02/20/93 SR ENG TECH 22.50 F 1.00 0.0000 02/20/93 SR ENG TECH 112.50 N 5.00 0.0000 X33/05/94 SR ENG TECH 67.50 F 3.00 0.0000 12/23/95 ASST CITY ENG 90.00 A 3.00 0.0000 '2/23/95 DES/DEV ENG 55.00 A 2.00 0.0000 '2/23/95 DIR PUB WKS 20.00 A 0.50 0.0000 D1/01/% SEVERSON WILCOX ETC NOV 95 21448 12.00 OD 0.00 31/06/96 ASST CITY ENG 120.00 A 4.00 0.0000 )2/03/96 DES/DEV ENG 55.00 E 2.00 0.0000 )2/05/96 SEVERSON WILCOX ETC DEC 95 21962 134.00 DD 0.00 )2/17/% DES/DEV ENG 55.00 E 2.00 0.0000 )3/05196 SEVERSON WILCOX ETC JAN 96 22910 204.37 DD 0.00 )3/05/96 SOUESTROO ROSENE DEC 95 22717 1195.60 E£ 0.00 )5/07/96 BONESTROO ROSENE APR % 23920 5185.28 EE 0.00 )6/04/96 SEVERSON WILCOX ETC APRIL 96 24814 30.00 DD 0.00 16/08/96 SR EMG TECH 22.50 F 1.00 0.0000 16/22/% SR ENG TECH 45.00 F 2.00 0.0000 17/06/96 SR ENG TECH 22.50 0 1.00 0.0000 7/16/96 SONESTR00 ROSENE MAY % 25477 193.87 EE 0.00 17/20/96 SR ENG TECH 157.50 D 7.00 0.0000 18/03/96 SR ENG TECH 22.50 D 1.00 0.0000 8/06/96 NCNAMARA CONT PMT 3 26011 40006.07 AA 0.00 8/17/% ASST CITY ENG 15.00 F 0.50 0.0000 8/20/96 SONESTROO ROSENE JUN 96 26250 358.64 EE 0.00 57542.78 1727.49 ;A41.1.t 'C44+ 1b� �►1 3a- O1 -Oct -96 DISTRICT 10 SA -NUMBER 2780 SA -NAME WSSVC636R DISTRIB-DIST 10 BEG -YEAR 1996 NO -YEARS 7 FIRST YEAR INT 0.08167 REGULAR INT .07 TOTAL ASSESSMENT $3,656.30 MARK ACTIVITY -XX -NEW ASSESSMENT ------------------------------------------------------ ASSESSMENT DEF EFF ACT DI PLAT LOT BLK SA# AMOUNT CODE YEAR ION 10-58400-020-00 2780 731.26 1996 A 10-58400-040-00 2780 731.26 1996 A 10-58400-050-00 2780 731.26 1996 A 10-58401-010-01 2780 731.26 1996 A 10-58401-030-01 2780 731.26 1996 A 3656.3 it (53 O1 -Oct -96 DISTRICT 10 SA -NUMBER 2780 SA -NAME WSSVC636R DISTRIB-DIST 10 BEG -YEAR 1996 NO -YEARS 7 FIRST YEAR INT 0.08167 REGULAR INT .07 TOTAL ASSESSMENT $3,656.30 MARK ACTIVITY -XX -NEW ASSESSMENT ------------------------------------------------------ ASSESSMENT DEF EFF ACT DI PLAT IAT BLK SA# AMOUNT CODE YEAR ION 10-58400-020-00 2780 731.26 1996 A 10-58400-040-00 2780 731.26 1996 A 10-58400-050-00 2780 731.26 1996 A 10-58401-010-01 2780 731.26 1996 A 10-58401-030-01 2780 731.26 1996 A 3656.3 (3`� O1 -Oct -96 DISTRICT 10 SA -NUMBER 2781 SA -NAME ST636R DISTRIB-DIST 10 BEG -YEAR 1996 NO -YEARS 7 FIRST YEAR INT 0.08167 REGULAR INT .07 TOTAL ASSESSMENT $85,640.76 MARK ACTIVITY -XX -NEW ASSESSMENT ----------------------------------------------------- ASSESSMENT DEF EFF ACT DI FIAT IAT BLK SA# AMOUNT CODE YEAR ION 10-58400-010-00 2781 9515.64 1996 A 10-58400-020-00 2781 9515.64 1996 A 10-58400-030-00 2781 9515.64 1996 A 10-58400-040-00 2781 9515.64 1996 A 10-58400-050-00 2781 9515.64 1996 A 10-58400-060-00 2781 9515.64 1996 A 10-58401-010-01 2781 9515.64 1996 A 10-58401-020-01 2781 9515.64 1996 A 10-58401-030-01 2781 9515.64 1996 A 85640.76 ( 3s O1 -Oct -96 DISTRICT 10 SA -NUMBER 2781 SA -NAME ST636R DISTRIB-DIST 10 BEG -YEAR 1996 NO -YEARS 7. FIRST YEAR INT 0.08167 REGULAR INT .07 TOTAL ASSESSMENT $85,640.76 MARK ACTIVITY -XX ------------------------------------------------------ -NEW ASSESSMENT ASSESSMENT DEF EFF ACT DI PLAT IAT BLK SA# AMOUNT CODE YEAR ION 10-58400-010-00 2781 9515.64 1996 A 10-58400-020-00 2781 9515.64 1996 A 10-58400-03.0-00 2781 9515.64 1996 A 10-58400-040-00 2781 9515.64 1996 A 10-58400-050-00 2781 9515.64 1996 A 10-58400-060-00 2781 9515.64 1996 A 10-58401-010-01 2781 9515.64 1996 A 10-58401-020-01 2781 9515.64 1996 A 10-58401-030-01 2781 9515.64 1996 A 85640.76 I c3G 13 1 FOPUM 01 WOMBS OF S/A RQZ F0. SECULAR 1ST YEAR Tmerovement d3BU7 UQJECI * U&M I _ IRT Sanitary Sewer Trunk STK Sanitary Sewer Lateral SL Lateral Benefit Sanitary SLTK Sewer Trunk — — — Water Trunk WTK Vater Lateral WL Lateral Benefit Water WLTK Trunk Water Availability WAC Charge (C/1) — — — — Service (Sanitary Sewer SSVC Only) — — — — Service (Water Only) WSVC — — — — •ice (Sanitary Sewer WSSVC (0 3 t2_ a 7�a i 0 ; y and Water) ' Storm Sewer Trunk SSTK Storm Sewer Lateral SS Lateral Benefit Storm SSLTK Sewer Trunk Street ST 3 (o d lel o /y Gravel Base/Grading GB Trail TRL Streetlighting STLT Sewer Connection Charge ConChgS— — — — Water Connection Charge ConChgV — — Green Acres --Deferred GA Installments Reassessed T •sferred Assessment i.e. Txfr ...it Assessed Against this Parcel 13 1 NE MUTES PUBLIC WORKS COAD N TTEE MEETING DECEMBER 3,1996 At 3:30 p.m. on December 3, 1996, the Public Works Committee convened in the first floor conference rooms of the Municipal Center. In attendance were the Committee Chair, Councilperson Ted Wachter, as well as Committee member Councilperson, Pat Awada. City staff included City Administrator Tom Hedges and Public Works Director Tom Colbert. Also in attendance were Mark Hanson and Craig Larson, of Bonestroo, Rosene, Anderlik & Associates, the City's consulting engineering firm. The property owners were represented by Larry P. and Susan Poppler (3030 Poppler Lane), Lawrence G. and Aurelia Poppler (3045 Poppler Lane) and Vince Kennedy. Chairman Wachter called the meeting to order at approximately 3:37 p.m. Tom Colbert provided a recap of the City Council's directive from the public hearing of November 19 to have the Public Works Committee review -the objections submitted by the Poppler family and provide a recommendation to the City Council. Chairman Wachter then summarized his understanding that the Poppler's main concern and objection related to alleged excess of engineering costs. Larry P. Poppler stated he felt the project was very simple in nature and with a limited construction cost of only $40,000, the final total improvement cost of $89,000 was excessive and greater than the estimate contained in the feasibility report. He went on to state he felt the excessive cost overruns were a result of the indirect costs associated with engineering, which were approximately twice what was estimated in the feasibility report. He questioned whether some of these costs were associated with double billing by the engineering firm. Chairman Wachter briefly summarized the history of the public improvement process and the development contract agreement associated with the Poppler Homestead #2 Addition. Mark Hanson reviewed the engineering cost history of the project in detail identifying the number of hours and rates that were spent for both feasibility reports as well as detailed plans, specifications, and bidding services for the original public improvement process in 1992 and the most recent 1995-96 public improvement process. He provided a handout summarizing the cost breakdown by classification of employee and duties associated with each major task. Committee -member Awada inquired further on the breakdown of the engineering fees as well as a clarification of what construction management incorporated. Larry P. Poppler restated his concern that the bottom line objection was a construction cost of $40,000 with $49,000 of other indirect costs. He questioned several of the employee classification unit prices for engineering services, which he felt were also excessive. Tom Colbert clarified that the final construction cost was approximately $56,000, with indirect costs totaling $33,000. Mark Hanson responded explaining the rationale for the unit prices for various employee classifications and verification of the hours charged by each. Larry P. Poppler continued to dispute 13 � the apparent excessive time spent during the contract management phase. Vmce Kennedy then asked what would be the typical engineering costs for a public improvement. Tom Colbert responded that engineering costs average approximately 22% for all phases dependent upon the complexity of the project. Chairman Wachter then summarized the issues and the public improvement special assessment process that any costs not assessed are then financed by the general public. Committee member Awada stated she felt that the cost to redo the feasibility report appeared to be excessive and felt that the carry-over costs from the first project should have been identified with the second report. Vince Kennedy then requested that Larry P. Poppler state to the Committee what he would like to see as a resolution to these issues. Larry P. Poppler responded that he'd like to see the final assessment closer to the feasibility report estimate. Susan Poppler then stated her concerns that the costs for such a small project were greater than incurred red by their neighbors up the street and that curb and gutter were not needed for such a small neighborhood. There was then general open discussion by several members in attendance comparing the cost overrun on a total feasibility report basis as well as for the street costs only. Mark Hanson clarified the difference in overruns as pertaining to the sewer and water service installation verification costs. At that point, Lawrence G. shared a copy of an old map he had which indicated sewer and water services were installed by the City approximately 25 years ago and he verified that through a phone call with Mr. Bob Rosene. Mark Hanson responded that the sewer and water utilities were not able to be physically located in the field and recapped the efforts performed to verify their existence. Larry P. Poppler then questioned various costs in the contract for locating the sewer and water services which were explained by Mark Hanson. Larry P. Poppler then requested the Committee to consider reducing the final assessments by $10,000 because of the apparent significant overrun of indirect costs. After several technical questions regarding the cost calculations and allocations, Committee member Awada suggested that the final assessment be reduced by $3,868.66. This number was arrived at by providing a 50% reduction in the total indirect costs ($1,356.31) associated with the sewer and water services along with the engineering costs ($6,381) associated with the preparation of the feasibility report, plans, specifications and bidding for the second public improvement process. Larry P. Poppler responded that he wanted to have the assessment reduced by 50% of the difference in the indirect costs estimated in the feasibility report ($19,370) and what was included in the final assessment roll ($33,124.75), for a net reduction of $6,877.38. Committee member Awada responded that while the City should have identified the left -over costs from the first public improvement process in the second report, these were none the less costs incurred by the City as a part of the project and that whatever costs are reduced will have to be picked up the City's taxpayers, and their offer of a $3,868.66 reduction is the best the Committee (37 could justify. Committee Chair Wachter then suggested that this recommendation be forwarded to the City Council on December 16. Tom Hedges further clarified that the Committee's recommendation would result in a reduction of $135.63 per lot for the utility services and $354.50 per lot reduction for the street assessments. Larry P. Poppler stated he felt that none of the costs for the utility service verification should be included rather than reducing only 50% of the indirect costs. Committee member Awada stated that while the City may have messed up with the second fesibility report process by not identifying all the original costs, the Committee was willing to offer this reduction even though it is not typical to do so and has not been done in the past. Committee Chair Wachter agreed with Awada and reaffirmed that this Committee's recommendation would be forwarded to the City Council on December 16. At 4:55 p.m., Committee Chair Wachter seconded Committee member Awada's motion to adjourn. At that point, Lawrence G. Poppler then began to give a historical summation of all the problems he has encountered with his neighbor, attorneys, surveyors, contractors, etc., regarding property line disputes, easement dedications, storm sewer line construction, platting, etc. Minutes prepared and submitted by: Thomas A Colbert 3 / qD 12-9-96 Thomas Hedges Administrator City of Eagan Dear Mr. Hedges, Lawrence P. Poppler 3030 Poppler Ln. Eagan, MN. 55121 Thank you for your brief time over the phone on 12-5-96. As you suggested, I am writing to make the following suggestions and comments after the public works committee meeting on 12-3-96. Also attached is a one page account from that meeting for an easier reference. The committee started off the meeting with "blame the victim" theme and it set the tone for their recommendations. This was not germane to the topic which was the current Assessment. The recommendations made we find unacceptable and unfair. The following is the basis for our position. BACKGROUND REVIEW: The engineering indirect cost at $33,124.15 are 107% higher than the Feasibility Report forecast of $16,500. Unnecessary work done to verify services because records were not kept by the engineering firm that recommended it and/or the city. OUR PROPOSAL: 1) Assess each lot at $8,497 (math and rational follows) 2) Assess vacant lot with an extra $73.26 ( this is 10% of the 731.26) Take the 1996 Feasibility Report engineering forecast of $16,500 X 30%= 21,450 Difference between forecast and the 30% extra =4,950 & divided by 9 lots =550 extra per lot Take the original forecast per lot of $7,947 and add 550 = $8,497 REASONS: 1) There was no cap on the Feasibility Report forecast. My research indicates that older developed cities like Shoreview have a policy that anything over 30% of bid is the City's responsibility. This standard makes sense as it insures accountability and that nothing this extreme will happen. 2) The city didn't use taxpayer qualified personnel already on the payroll like surveyors and inspectors to minimize costs of the project. Shoreview would have done so. 3) If the engineering firm knew of the cost over run problem , why didn't it forecast it or inform the city during construction time of the urgency of the problem? The city perhaps would have taken a serious look at using it own staff for efficiently. The property owners (and I have to believe the city) were not informed. The "Truth in Repairs Act" that governs the auto industry requires prior authorization if the cost runs over 10% of estimate. We believe that 30% is a fair margin in this case and cite the Shoreview example. (4( 4) The engineering firm saw fit to use a 4 man survey crew. Two people could have done the this project almost blindfolded. That project was made.simple by: lot monuments of existing lots, survey work done by the 2 man McGinley crew (hired by Mr. L.G.Poppler as required by the city) who marked the new lots with monuments. This was a simple survey for widening from the existing tar roadway by 4 feet. The road is in almost in the identical location on the surface and grade as the original and only 200 yards long. The system of no cap on the Feasibility Report is open for abuse. 5) The engineering firm factored in the Assessment Report $2,988. This amount is used to pay them for meeting time and discussion (after construction) about the charges in the Assessment Report. Why is even this so high? It ironic that we were told that the committee meeting of 12-3-96 would not be a charge on the property owners. We signed waivers regarding the $7,947 per lot assessment in the Feasibility Report. We put out faith in the credibility of that report. My research indicates that the huge variance using an engineering multiplier factor could be interpreted as a breach of contract. 6) Service (utility) installation was required on the vacant lots. The city engineering staff assured Mr. L. G. Poppler that if the services were in, he would not be charged. The field supervisor instructed the crew to install a one foot extension pipe after the services were located. The Assessment Report wants to charge $731 which in essence is for a one foot pipe. The Feasibility Report asserts that the services do not exist. There is no mention or allowance in the F.R. for any charges for verification of the services. RECOMMENDATION: My proposal rests on what is "reasonable and customary" to make business transactions run smoothly and with credibility. I am requesting that the 2nd Public Hearing on this project be continued in January. As you can conclude, this can be very sensitive for the city. I recommend that you take another look at this. There seems to be not enough time ( you won't be in your office until Dec. 11th) before the Dec. 16th council meting for all of you to communicate appropriately. Thank you for giving my proposal and recommendation the serious consideration it deserves. Sincere , ? L�ce oppler cc: Thomas Colbert, Public Works Director E. VanOverbeke, City Clerk Council Members Notes from the Committee Meeting held at 3:30 PM on 12-3-96 Committee members present: Ted Wachter, Council Member Pat Awada, Council Member Thomas Hedges, City Administrator Thomas Colbert, Public Works Director Mark Hanson, Bonestroo Firm Craig Larson, Bonestroo Firm Ted Wachter started off the discussion by announcing the fact that the road project could have been done many years ago and therefore a much lower price. The historical injections set the tone as "blame the victim" technique and was not germane to the current issue and very distracting. Lawrence P. Poppler injected that the delays were self imposed by the city in 1992 Ted Wachter felt compelled to not allow any consideration in the fugal interest of the overall taxpayers. Some discussion was made about the engineering charges. The committee seemed not to recognize the property owners rebuttal to the engineering costs. Ted Wachter hinted on some reduction Lawrence P Poppler asserted the deficiency of it. Mr Hedges and Mr. Colbert came up with a different approach but in essence close to the same figure first presented by Mr Wachter. Mr. Wachter proposed the Hedges/Colbert approach Lawrence P. Poppler again presented that the allowance was very low. Pat Awada agreed with the proposal but also asserted that the project engineering cost was high. At that point nothing would change. It was moved and seconded on the last Hedges/Colbert approach. Mr. L. G. Poppler (Sr) was given about 4 or 5 minutes to explain the historical abuse Ted Wachter quietly agreed that the cost was high after the closure As an observation, if the engineering people would be as fiugal and protective as the council people, there would not be these confrontational meetings. Further research and understanding of the billing was done by Lawrence P. Poppler. On 12-5-96 contacted Mr Hedges. Mr. Hedges requested a report and would review it t43 PROJECT 636R POPPLER LANE FINAL ASSESSMENTS Revised 12-13-96 FEASIBILITY REPORT FINAL ASSMT ROLL POPPLER PROPOSAL P.W. CMTE RECOMMENDATION UTILITY SERVICES (5 LOTS) TOTAL $12,440.00 $3,656.31 $366.30 $2,978.15 PER LOT 2,488.00 731.26 73.26 595.63 STREET (9 LOTS) TOTAL $71,520.00 $85,640.74 $76,473.00 $82,450.26 PER LOT 7,947.00 9,515.64 8,497.00 9,161.14 PROJECT 636R TOTAL $83,960.00 $89,297.05 $76,839.30 $85,428.41 PER LOT WITH SERVICES 10,435.00 10,246.90 8,570.26 9,756.77 PER LOT W/OUT SERVICES 7,947.00 9,515.64 8,497.00 9,161.14 Revised 12-13-96 Agenda Information Memo December 16, 1996 "'WIRWOM36- I' M11 ACTION TO BE CONSIDERED: To approve or deny a Planned Development Amendment for modifications to the pylon signage. FACTS: In May of 1996, the City Council approved a Subdivision and Planned Development consisting of a three-story, 105 -room hotel and a Class I restaurant, possibly with on -sale liquor. The Planned Development included two buildings with a single shared pylon sign 27 feet in height to be located on the west side of the property. ► The Planned Development Amendment proposed two pylon signs with deviations from typical Sign Code requirements for height and spacing. The proposed signs were 35 feet in height instead of the standard 27 feet. Both signs were proposed to be located on the west side of the property adjacent to I -35E, and spaced 150 feet apart from each other and from the existing Eagan Medical Clinic sign. The APC conducted a public hearing on this proposal at its regular meeting on October 22, 1996, and recommended denial of the Planned Development Amendment. While the APC believed the 35 foot tall sign was needed for visibility, they did not believe the applicant had shown a need for two signs on the site. At its regular meeting on November 4, 1996, the City Council considered this Planned Development Amendment and concurred with the APC's conclusions. The Council continued this item to be reconsidered in December. ISSUES: The applicant is now proposing a single pylon sign for both the hotel and the restaurant, with a total of 150 square feet in area per side. The sign is divided with the hotel portion on the top and the restaurant portion below it. The hotel sign is proposed to be 84.5 square feet in area, and the restaurant sign 64.2 square feet in area. The sign height remains as initially proposed at 35 feet, and the sign location is proposed to be on the west side of the property just south of the parking lot. If the revised proposal is approved, the following conditions should be attached. 1. The pylon sign shall not exceed 35 feet in height. 2. The total sign area shall not exceed 150 square feet per side. 3. The pylon sign shall be located as shown on the site plan dated 12/11/96. BACKGROUND/ATTACHMIENTS: Revised Site Plan and Sign Elevation 1g-,,, CC minutes of November 4, 1996, pages 162� through �. APC minutes of October 22, 1996, pages U2- hrough Original Sign Elevations, j �5�r ' _._. l� (4� IaIa I Qa r;a 3 8� tr��lt+la �ma,�sao �3' � IL'ObE ;'jjI 9 4 �aaS -9 3 iv I �i m B JZ � 4Q J U F- \ z � z= H 3s'. 0 L SS LU Ir s Ia 44. r rrrYga�i m 8ivIt ppqp k i _LA,_"4_, I _�r w i J a to 0 c SITE PLAN 12 11/96 612 605 7671 WED 17:46 FAX 612 603 7671 CSM CORPORATION f}OTrC. Mors'll -T71uu2,ftntT petit - ►z ��-9� Fro 35' f -f i r.,t+ CONC. BOLLARDS SEE 3/L1.1 JL�j SITE PLAN 612 603 7671 12/11.96 WED 17:46 FAX 612 603 7671 CSM CORPORATION DEC -09-1996 16:18 PERSONA INC. V-2 21/32" 6" f 4��j ���C.rJLILJUU P.O. NOX 210 700 21e1 Sovthwed Waft".+n, SO 37201 (605) 802-22K CUSTOMER FAIRFIELD SUITES DATE OP APPROVAL 13'-3 11/32" A Ut:pv v«.j vo av . . w• -- Q 0 0 3 64.18 SQ. FT. SSI -0 71 1 6'-0" SCALE: 3/16" = 1'-O" - TITLE GRW6. NO. S'NE1`7 PYLON ELEVATION - M124-96/265 1 SIZE DRAWN NY: DATE 7'-2 21/32" X 13'-3 11/32" MJP 12/9/96 LOCATION RLbIsmas EAGAN, SIN / I OF 1 APPR. BY: BDH RITE 6T TOTAL P.02 REV1SEb SIGN ELEVATION EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 PAGE 12 DEVELOPMENT AMENDMENT, OPUS NORTHWEST, L.L.C. City Administrator ve an overview on this item. Senior Planner Freese gave a staff report. Jay Scott, representing Opus, present to answer any questions. Mayor Egan asked if there were any objections by other tenants. Scott stated they have not received any objections. He said the store front will have a creative and high q lity image. Councilmember Hunter stated one of the major concepts of a Planned Development is the unl rrnity and conformity of all of the amenities and architecture. He further stated he has talked with many pe le during the last couple of months who are opposed to and in favor the Promenade and one of the comn themes is that they all understand the importance of having unified architecture. He said he is opposZNN t this and if this is allowed for one tenant it would have to be done for others. He added the last thing he is to see is large store fronts with different types of architecture. Councilmember Masin asked why\cen. esting lettering which deviates from the standards. Mr. Scott noted that all of the materials anelf are consistent with what has been done with the rest of the center. He said the facade area, has a quality look and will add character and that there should be some uniqueness to theuncilmember Awada stated she agreed with the applicant that everything should not be the s proposal adds character while not hurting quality. Councilmember Wachter agreed with Counwada. Mr. Scott stated that the lighting is consistent with the other store fronts. Councilmember Wachter moved, CouncilmembNi Awada seconded a motion to approve an Amendment to the Eagan Promenade Preliminary PanfVd Development for Lot 8, Block 2, Eagan Promenade (Phase 2, in-line center) to allow a change in th storefront materials and signage subject to the following conditions: All rooftop mechanical equipment shall be screeft from view. 2. The Building Elevations drawing shall be revised to in e a specification for the proposed awnings. Aye: 4 Nay: 1 (Councilmember Hunter opposed) PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION CSM CORPORATION City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report. Steve Dubbs, representing CSM Corporation, -was present to answer any questions. Councilmember Hunter said the failure of Cracker Barrel sensitized him to the importance of the visibility of signs. He further said he was willing to look at increasing the height of the sign to make it more visible, but he did not agree with the request to have two separate signs. Councilmembers concurred. Freese stated that if the 125 square foot maximum for signage is maintained, the 35 foot height would be adequate. She further stated if the sign location is moved further to the north of the original location, it would be better and have less impact on the residential neighborhood. Mr. Dubbs discussed their proposed plan and stated the height of 35 feet is acceptable for the sign to be located approximately 25 feet north of the existing approved sign location, but they would like to propose having two signs combined on one pylon. Mayor Egan asked if the sign was moved 25 feet north how close would the sign be to the medical clinic sign. Freese indicated the distance would be approximately 280 feet. Mr. Dubbs stated the restaurant they are negotiating with was requesting individual pylon signs and if that was not possible they would relocate to another city. He added they do not want to have a sign that does not work. Mayor Egan stated the Council has tried to come up with a compatible /�d EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 PAGE 13 way of having pylon signs in lieu of big billboard signs. Councilmember Wachter said that other restaurants have to accept having small signs and it would not be fair to allow this business to have a larger sign. Mayor Egan noted that the Council had approved the co -location for Greenmili and Holiday Inn Express. Freese indicated the signage was within the 125 foot requirement. Councilmember Awada mentioned that every business that builds along the freeway requests larger signage. She said that what is done for one business needs to be done for all businesses. She further said it would not be fair to approve the larger signage for this business and the 125 foot maximum for the signs should be adhered to. Councilmember Hunter asked if the applicant would like the Council to rule on what he had applied for or if he would prefer the Council approve one 35 foot sign up to 125 square feet. Mr. Dubbs stated he would prefer to work with staff and come to a resolution. He further stated he would like to have some signage in excess of 63 square feet for the restaurant sign to allow for visibility from the freeway. Councilmember Awada reiterated the importance of treating every business the same. Councilmember Hunter moved, CouncilmemberAwada seconded a motion to approve a Preliminary Subdivision (Duckwood Bluff Second Addition) to replat Lot 1, Block 1, Duckwood Bluff into two lots, subject to the conditions listed in the October 22, 1996, Advisory Planning Commission minutes as follows: ViFTIN . . . The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, B4, C1, C2, D1, E1, and H1. Cross easements for ingress and egress between Lots 1 and 2 shall be executed to ensure that internal circulation between the two lots its maintained. 2. The property shall be platted. Aye: 5 Nay: 0 Mayor Egan stated that the Council could accept the recommendation of the Planning Commission to deny the request for the pylon signs and Mr. Dubbs could continue to work with staff to reach a solution. He did not feel that voting to deny the request would preclude the applicant from coming back with another proposal in the foreseeable future. Councilmember Awada moved, Councilmember Wachter seconded a motion to deny a Planned Development Amendment to allow two 35 foot pylon signs. Councilmember Masin asked why it is so important for a restaurant to have its own sign as long as it is visible from the freeway. Mr. Dubbs stated the restaurant portion of the site has poor visibility from the freeway and they would like to have a freeway presence. Mr. Dubbs asked if it would be possible to continue this item. Mayor Egan said that he is grateful that the applicant has been working hard to bring in a restaurant, but the City has rules that must be followed. Councilmember Awada and Councilmember Wachter amended their eadier motion to continue this item to the December 4, 1996 City Council meeting. Aye: 5 Nay: 0 Page 24 October 22, 1996 ADVISORY PLANNING COMMISSION PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION - CSM CORPORATION Chairman Miller opened the next public hearing of the evening regarding a Planned Development Amendment to allow two 35 foot tall pylon signs and a Preliminary Subdivision (Duckwood Bluff Second Addition) to create two lots currently legally described as Lot 1, Block 1, Duckwood Bluff located east of I -35E, south of Duckwood Drive and west of Crestridge Drive in the SEt/4 of Section 16. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated October 16, 1996. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Steve Dubbs, a representative of the applicant, presented overlay photographs showing the sign elevations at 27 feet and 35 feet at its proposed locations. Mr. Dubbs conceded that there is availability for the 300 -foot interval requirement but that the proposed site of the signs is to address the need of visibility and to avoid being too close to the adjacent residential area. Mr. Dubbs further stated that the restaurant proposed to go in on the site has a site selection requirement that it have its own pylon sign. Mr. Dubbs further noted that even though the pylon sign will be 35 feet, it will be level with other pylon signs in the area because it sits at a lower elevation. A resident who did not identify herself, stated that the developer keeps changing its request for the site and that it should have been aware of the pylon sign issue at the time of its first request. In response to the resident's question, Chairman Miller stated that there are many pylon signs within the City which are greater than 27 feet and noted that the Town Centre sign is 35 feet. Mr. Dubbs stated that the applicant is sensitive to the visual impact of the pylon sign on the neighbors and is its reason for requesting the specific site for the restaurant pylon sign. Member Heyl stated that if a site is to have a pylon sign, it must be functional for the site but at the same time protect any negative impacts to surrounding residential areas. She fi=her stated that there is no need for a second sign on the site as was approved for the Green Mill location because the subject site is right off the exit. Member Frank moved, Member Heyl seconded, a motion to recommend approval of a Preliminary Subdivision (Duckwood Bluff Second Addition) to create two lots currently legally described as Lot 1, Block 1, Duckwood Bluff located east of I -35E, south of Duckwood Drive and west of Crestridge Drive in the SE'/4 of Section 16 subject to the following conditions: Page 25 October 22, 1996 ADVISORY PLANNING CONIlvIISSION Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B 1, B2, B4, C 1, C2, D 1, E 1, and H 1. EasementsMahts of Wav/Permits 2. Cross easements for ingress and egress between Lots 1 and 2 shall be executed to ensure that internal circulation between the two lots is maintained. 3. The property shall be platted. All approved in favor. With respect to the request for a planned development amendment, Chairman Miller stated that it is the City's vision to protect the I -35E corridor from being a sea of signs. Member Heyl moved, Member Segal seconded, a motion to recommend denial of the Planned Development Amendment to allow two 35 foot tall pylon signs on each .lot on the grounds that the applicant has made no showing of a need for a second sign for the site. City. Attorney Dougherty suggested to the Commission that it may move to recommend approval of a planned development amendment to allow one, two -use sign at 35 feet. Member Heyl stated that she would make an amendment to her motion to allow one, two -use pylon sign at 35 feet. The applicant's representative, Steve Dubbs, stated that even with a two -use, stacked pylon sign at 35 feet, the lower sign would still be at 27 feet with no visibility. Mr. Dubbs stated that if one pylon sign was to be used, the sign would need to be at 45 feet to allow visibility for the lower sign. Based on Mr. Dubbs' statement, Member Heyl withdrew her amendment to her original motion and the. Commission voted on the original motion to recommend denial of the Planned Development Amendment to allow two 35 foot tall pylon signs on each lot. All approved in favor. �S3 16'-p„ __.ELEV,4TON ,7161Y C0411HAI 9 ,Ji+GDJ_T/0N 1. / 9� `-{ S. £0iz0'd 0686 £178 008 T 454 K -'G 4MO-- A? -Jive . cYay��rsnnd 0 1 0: cG�lc-rEETe . I\ 5=4" ' ON I UMOS63d ORIGINAL SIGN ELEVATION _ 10/09/96 WED 17:89 FAX 612 603 7671 oGT-09-1996 88:10 PERSONR INC. CSM CORPORATION la 002 1 tom 0343 arm r • rx.:. ric ff 1 t_ 1� 1 4��f M ffigmw PA Box 210 700 2191 9outh"It oomrww•. SP S72M tion) "2-=" cumrmGt FAIMELD SUITES oATC oR APFXWA . R-96% SCAle: 3/16" = V-0" THEE PYLON ELEVATION soc v-90 x 1 s.—o* urAT" EAGAN, IAN l S-- 612 603 7671 I 35'-00 eBr►� wx smw or D112A-96/197 1 1 on= " BATS nPPB. BY: MJP 10/2/96 8DN oEnslows Br ORIGINAL l o -c SIGN ELEVATION Agenda Information Memo December 16, 1996 Eagan City Council Meeting NEW BUSINESS A. $2,925,000 VARIABLE RATE DEMAND COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS SERIES 1996 - YANKEE SQUARE INN LIMITED PARTNERSHIP PROJECT ACTION TO BE CONSIDERED: To approve or deny a resolution authorizing the issuance and sale of $2,925,000 variable rate demand commercial development revenue refunding bonds to refinance a project. FACTS: * The City has received a proposal from Yankee Square Inn Limited Partnership to issue bonds to refinance the Yankee Square Inn Project. • The City issued $3,325,000 Commercial Development Revenue Refunding Bonds, Series 1990, the proceeds of which were used by the company to refinance the $3,325,000 Commercial Development Revenue Refunding Bonds, Series 1983, the proceeds of which were used to finance the acquisition, construction and equipping of the 109 -unit hotel facility. • Payment of the bonds will be secured by an irrevocable direct pay letter of credit issued by First Bank National Association. ■ The City's bond counsel, Steve Rosholt of Faegre & Benson, is reviewing all documents on behalf of the City. r5� Agenda Information Memo December 16, 1996 Eagan City Council Meeting B. BURNSVILLE/EAGAN CABLE COMMUNICATIONS COMMISSION 1997 BUDGET ACTION TO BE CONSIDERED: To approve or deny the 1997 Burnsville/Eagan Cable Communications Commission budget. FACTS: The cities of Burnsville and Eagan jointly fund the Bumsville/Eagan Cable Communications Commission budget from the member cities retained franchise fees on an annual basis. The proposed 1997 budget anticipates increases for cost of living in personnel services, the replacement of office furnishings consistent with changes occurring -in the city of Burnsville where the position is currently officed. Also included is additional consultant costs relative to the necessary review and analysis for cable franchise renewal, the process for which will begin in 1997. Other budget areas remain flat or show slight decreases as compared to 1996. • The city of Burnsville has reviewed the budget proposal and is recommending no changes at this time. ATTACHMENTS: • Proposed 1997 Cable Commission budget summary on page/9 BECCC - SUMMARY & TOTAL - 1997 BUDGETS GENERAL BUDGET PERSONNEL SERVICES SUPPLIES & REPAIRS PROFESSIONAL SERVICES OTHER SERVICES/CHARGES CAPITAL OUTLAY GENERAL BUDGET LOCAL PROGRAMING BUDGET PERSONNEL SERVICES SUPPLIES/REPAIRS PROFESSIONAL SERVICES OTHER SERVICES/CHARGES LOCAL PROGRAM. ASSISTANCE LOCAL PROGRAMING BUDGET COMBINED BUDGETS PERSONNEL SERVICES SUPPLIES & REPAIRS PROFESSIONAL SERVICES OTHER SERVICES/CHARGES CAPITAL OUTLAY LOCAL PROGRAM. ASSISTANCE COMBINED BUDGETS 1995 1996 1997 ACTUALS BUDGET BUDGET $34,052 $34,500 $35,800 653 300 500 22,891 23,750 40,400 13,758 17,175 16,750 2,182 900 2,250 $73,885 $76,625 $95,700 1995 1996 1997 ACTUALS BUDGET BUDGET $35,622 $41,500 $41,850 947 900 700 4,484 2,500 2,250 16,777 18,925 19,850 5,775 9,800 9,050 $63,782 $73,625 $73,700 1995 1996 1997 ACTUALS BUDGET BUDGET $69,674 $76,000 $77,650 1,600 1,200 1,200 27,375 26,250 42,650 30,535 36,100 36,600 2,182 900 2,250 5,775 9,800 9,050 $137,667 $150,250 $169,400 Sg Agenda Information Memo December 16, 1996 Eagan City Council Agenda C. RECOMMENDATION. AIRPORT RELATIONS COMMISSION, CONTRACT PROHIBITING CONSTRUCTION OF NORTH PARALLEL RUNWAY ACTION TO BE CONSIDERED: To approve or deny a recommendation by the Airport Relations Commission to offer the Metropolitan Airports Commission a contract pertaining to limits on construction of a third parallel runway under the terms and conditions presented. FACTS: As a part of the enactment of the 1996 airport legislation, the state required that the Metropolitan Airports Commission enter into contracts with cities who would receive an increase in noise if a north parallel runway were ever to be constructed. The purpose of these contracts would be to permit cities to have a contractual prohibition against the construction of this runway and create third party beneficiary rights for residents of the communities to enforce the contract if necessary. • In reviewing the eligibility criteria in the statute, it came to the attention of the Metropolitan Airports Commission that the City of Eagan was entitled to a contract under the statute. Since being contacted in this regard, staff has met with the Metropolitan Airports Commission and the cities of Minneapolis and Mendota Heights, legal staff and the Airport Relations Commission concerning the City's interest in this regard. • At its meeting of December 10, 1996, the Airport Relations Commission outlined a framework for contract negotiations. That framework is outlined in a contract which has been prepared by the City's legal counsel. • The commission's primary findings are that a north parallel runway would significantly impact the City and that steps should be taken to restrict its future construction. While the commission prefers that the runway be prohibited in perpetuity, it finds that the City should negotiate as long a term as possible with the Metropolitan Airports Commission. Further, while the commission finds that the north parallel runway is not directly linked to other issues, it noted that any attempt by the MAC to link the issue to a restriction of City rights on the north south runway be conditioned upon a requirement that no traffic from that runway overfly the City of Eagan. This final qualification is a matter of negotiation and has not been included in the draft contract. ATTACHMENTS: ■ Draft contract on pages ko- through W. � 57 SENT BY: R=94% 12-10-96 ; 11:36 ; SEVERSON MLDON-4 612 681 4612;# 21 9 CONTRACT PERTAINING TO LIMITS ON CONSTRUCTION OF A THMD PARALLEL RUNWAY Y. Recitals 1. The Minnesota Legislature, at its 1996 session, has enacted Laws of Minnesota, Chapter 464, ArL 3, See. 14 (herehudler the "Runway Statute"), which amends Minnesota Statutes 1994, Sec. 473.508 to require the Metropolitan Airports Commission (hereinafter the "Commission" or "MAC") to anter into curtain contracts with "affected cities". 2. The Commission has determined that the City of Ewan (bercinatter the "City") is an affected city within the meaning of the Runway Statute. 3. The Commission and the Oty (hereinafter the "Parties"} have met and negotiated the terms and conditions of the contract required by the Runway Statute, and have arrived at an agreement, (hereinafter the "Agreement") which the Parties desire to set forth in writing. H. Definitions 1. The term "Affected City" shall mean any city that would experience an increase in the area located within the 60 Ldn noise contour as a result of operations using a third parallel runway constructed at the Twin Cities International Airport (hereinafter the "Airport'). 2. The term "Third Parallel Runway" shall mean any runway used for the arrival or departure of air traffic at the Airport constructed to the north of and generally parallel to the existing parallel runways known as 29UI IR and 29WI IL. 3. The term "Construct" shall mean physical construction and actions preliminary to construction, including land acquisition, inclusion of funds for construction in the capital improvement program budget or solicitation of bids for performance of physical construction provided that the term shall not include planning activity. The term "Construct" shall not include land acquisitions by the Commission which include as a restrictive covenant in the decd of conveyance that the acquired land shall not be used for runway purposes during the term of this Agreement and any renewal periods, provided that such restrictive covenant shall expressly run for the benefit of affected property owners and the City. 4. The term "Approval" shall mean a legally binding assent occurring after an action by which the City legally binds itself. 5. The term "Affected Property Owner" means any owner of real property within an Affected City who would experience an increase in noise greater than as a result of operations on a Third Parallel Runway, as indicated in the diagram attached as Exhibit "A". /(,So 612 432 3780 12-10-96 11:52AM P002 #31 SENT BY: 12-10-96 ; 11:36 ; SEVERSON SHELDON-+ 612 681 4612;# 3/ 3 M. Terns 1. The term of this Agreement shall be fi= the date of Approval by the City to December 31, 2020, subject to the provisions ofthis paragraph. on January 1 of 2021, January 1 of 2031 and January 1 of 2041, this Agreement shall be automatically renewed for an additional ten- year term unless both the City and the Commission agree, at any time prior to the expiration of the previous term, that the Agreement shall terminate without such renewal. 2. During the term of this Agreement and any renewal periods, the Commission promises that it shall not, without the Approval of the City, Construct a Third Pial lel Runway. 'rhe Commission promises that prior to December 31, 2020, it shall not affirmatively advocate construction of a Third Parallel Runway, provided that nothing in this Agreement shall prevent the Commission from responding to requests for information and advice made by the legislative or executive branches of stats government, or their constituent parts or designees. 3. It is intended by the Commission and the City that, during the term of this Agreement and any renewal periods, the Affected Property Owners shall have third party beneficiary rights under this Agreement in the event that a state law changes, supersedes or invalidates this Agreement or if a state law authorizes or enables the Commission to construct a Third parallel Runway notwithstanding this Agreement. It is further agreed that these third party rights shall include the right to seek specific enforcement and injunctive relief. 4. This Agreement constitutes the entire understanding of the Parties hereto and shall not be subject to any alteration, supplement or repeal except as agreed to in writing. This Agreement shall be binding upon the Pasties and their successors and assigns. 5. This Agreement shal l be binding Won and inure to the benefit of any other Affected City which, by formal action, approves its terms and notifies the Commission of said Approval, provided that such Affected City gives such notice to the Commission on or before July 1, 1997. Nothing in this Agreement shall prevent the Commission and Affected Cities other than the City fi+am reaching a separate agreement with separate terms. R=94% 612 432 3780 12-10-96 11:52AM P003 #31 Agenda Information Memo December 16,1996 Eagan City Council Meeting D. PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION - GOPHER RESOURCES CORPORATION ACTION TO BE CONSIDERED: To approve or deny a Preliminary Planned Development allowing a post -consumer industrial plastics recycling plant that will also house a Dakota County household hazardous waste drop-off and recycling center on 13.4 acres north of Yankee Doodle Road, west of Highway 149, and just north of the existing Gopher Resources facility located at 3385 Highway 149. To approve or deny a Preliminary Subdivision (Gopher Eagan Industrial Park 3rd Addition) consisting of one lot and two outlots on 74.5 acres located north of Yankee Doodle Road, west of the Canadian Pacific Rail System line, and east of Mike Collins Drive. FACTS: The majority of the 74.5 acre site is commonly referred to as the Borchert- Ingersoll parcel. This property is in tax forfeiture and the City is working toward acquiring it for the development of North Park. The City and Gopher Resources Corporation have negotiated a mutually beneficial land swap allowing more logical development for both parties. The applicant is proposing a 41,500 sq. ft. (expansion with capability to approximately 89,000 sq. ft.) post -consumer industrial plastics recycling plant on the 13.4 acre Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. The proposed plant is totally enclosed and does not include any outdoor storage or emissions. It appears to be compatible with surrounding development and anticipated future industrial development in this area. All standard setbacks, parking, landscaping, and the building architecture are consistent with City requirements. Access to the site will be provided at two locations; truck traffic will access the site primarily from Yankee Doodle Road at the existing access point serving Gopher Resources and other traffic will use the existing private drive off Highway 149. MnDOT will require Gopher Resources Corporation to improve the access to Highway 149 by requiring the developer to construct turn and bypass lanes on Highway 149 where the private drive provides access off the state highway. At its regular meeting on November 16, 1996, the Advisory Planning Commission held a public hearing on these items and recommended approval of both the Preliminary Planned Development and Preliminary Subdivision subject to the conditions indicated in the APC minutes. ISSUES: Several residents in the Burr Oak Park area expressed concerns regarding noise and odors generated by the existing Gopher Resources facility and requested the Advisory Planning Commission to withhold action on the plastics recycling proposal until these issues are resolved. The City Attorney advised the Commission and audience that the proposal before them was entirely separate from the existing Gopher facility and the City could not legally withhold action or impose conditions on the existing facility via the plastics recycling proposal. BACKGROUND/ATTACHMENTS: (3) November 26, 1996 PC mutes, pages V through Staff Report, pages through2. MnDOT Review Comments, pages -M. through) . ��3 Page 9 November 25, 1996 ADVISORY PLANNING CON IISSION PUBLIC HEARINGS PRELEM NARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION - GOPHER RESOURCE CORPORATION Chairman Miller opened the next public hearing of the evening regarding a Preliminary Planned Development to allow a post -consumer industrial plastic recycling plant on 13 acres and a Preliminary Subdivision (Gopher Eagan Industrial Park Third Addition) consisting of one lot and two outlots on 74.5 acres located north of the existing Gopher Resource facility, west of TH 149 and of the Canadian Pacific Rail System line, and east of Mike Collins Drive in the SWI/a of Section 12. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated November 8, 1996. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. In response to Member Frank's inquiry, Mr. Ridley advised that all truck access at this time is proposed off of Yankee Doodle Road through the existing Gopher facility parcel. John Tapper, a representative of Gopher Resource Corporation presented a color rendering of the proposed building. Mr. Tapper stated that Gopher Resource has no objection to the conditions as outlined in the City staffs planning report. In response to Member Burdorf s inquiry, Mr. Tapper stated that truck traffic at the proposed site will increase to one to two trucks per day at most, but the current 150 vehicles per week to the County recycling facility will not increase. In response to Member Segal's inquiry, Mr. Tapper advised that the 5,000 square foot area will be leased by Dakota County for household hazardous waste recycling. Mr. Tapper further advised that there would be no noise, odor or dust as a result of this facility because the recycled plastic will simply be packed and hauled off the property for off-site remolding. Mr. Tapper further advised that the land swap with the City is very close to finalization with City Attorney Dougherty adding that the transaction will be finalized upon title clearing. City Attorney Dougherty stated that the proposed preliminary planned development would be contingent on the finalization of the land swap. Sheila Grabowski, a former Eagan resident of 580 Chapel Drive expressed objection to the proposed facility citing current noise, odor and traffic problems at the current facility. Ms. Grabowski stated that the Commission could use this proposal as a tool to force Gopher Resource to address the noise, odor and traffic issues at the present facility. Chairman Miller noted that the Commission cannot attach conditions on the new development which place requirements on the existing facility located on a separate piece Page 10 November 25, 1996 ADVISORY PLANNING CONMISSION of property. Member Heyl concurred stating that the only issue before the APC is the proposal for the preliminary planned development and preliminary subdivision for the plastic recycling facility, not to address the alleged noise and air pollution from the existing facility. A resident of 535 Rolling Hills Place stated that with approval of the proposal, there should be a plan regarding necessary improvements to Highway 149. A resident of 510 Rolling Hills Circle expressed concern that traffic on Highway 149 will increase with the proposed facility with the added concern that there are currently no controlled traffic devices in the area intersections to handle the increased traffic. Design Engineer John Gorder advised that the Minnesota Department of Transportation has sole jurisdiction over Highway 149 and it may not allow the subject site access directly onto Highway 149. Mr. Gorder added that the applicant will be required to comply with all MnDOT requirements and that the existing gravel road currently accessing Highway 149 is proposed to be upgraded by the applicant. Mr. Tapper stated that while Gopher Resource meets or exceeds all Pollution Control Agency requirements, they continued to work to resolve the noise and odor problem at the existing facility and that the City has its commitment to resolve those concerns to the best of its ability. Mr. Tapper advised that Gopher has currently made several capital commitments to alleviate the odor problem in the year 1997. Member Segal moved, Member Frank seconded, a motion to recommend approval of a Preliminary Planned Development to allow a post -consumer industrial plastic recycling plant on 13 acres, subject to the following conditions: 1. The Preliminary Planned Development approval is contingent upon the acquisition by Gopher Resources Corporation of all the land comprising Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. 2. This multi -phased Planned Development shall have term of fifteen (15) years. 3. The Preliminary PD provides for a 41,500 SF (ultimate 89,100 SF) plastics recycling plant on Lot 1, Block 1, Gopher Eagan Industrial Park 3RD Addition. 4. A Final Planned Development Agreement shall be executed prior to Final Subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: * Final Site Plan * Final Building Elevation Plan * Final Sign Plan * Final Landscape Plan �f Page I 1 November 25, 1996 ADVISORY PLANNING CONWISSION Upon submission of these final plans, provided they are in conformance with the Preliminary PD, the Final PD may proceed to the City Council for approval. Final approval by the City Council includes future expansion provided the expansion is in conformance with the approved plans in the Final Planned Development Agreement. All approved in favor. Member Segal moved, Member Frank seconded, a motion to recommend approval of a Preliminary Subdivision (Gopher Eagan Industrial Park Third Addition) consisting of one lot and two outlots on 74.5 acres located north of the existing Gopher Resource facility, west of TH 149 and of the Canadian Pacific Rail System line, and east of Mike Collins Drive in the SWI/4 of Section 12, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, C1, C2, C4, D1, E1, F1, G1, and H1. 2. The property shall be platted. Storm Drainage/Water Quality, 3. The discharge pipe from the proposed pond shall be extended to the normal water level of Pond EP -2 to reduce the potential for erosion of the side slopes of Pond EP -2. 4. Water quality mitigation requirements shall be met via the construction of a two -cell detention basin with a skimmer structure at the outlet. Utilities 4. The proposed sanitary sewer extension shall be constructed to provide service to all of Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition and the northem portion of Outlot F, Gopher Eagan Industrial Park 2nd Addition. Easements/PermitsMolit-of-Way 5. Private ingress/egress easement documents covering all proposed shared access drives shall be submitted to the City AttorneyLF office for review and approval prior to Council action on the Final Subdivision. 6. All construction within CP Rail right-of-way shall be reviewed and approved by CP Rail System. Page 12 November 25, 1996 ADVISORY PLANNING CONMSSION �.;v, 7. The access upgrade and water main construction within MnDOT right-of-way of TH- 149 shall be reviewed and approved by MnDOT. Tree Preservation 8. The developer shall provide tree protective measures (i.e. 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. 9. The developer shall contact the City Forester at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Land Acquisition 10. The Preliminary Planned Development approval is contingent upon the acquisition by Gopher Resources Corporation of all the land comprising Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 8, 1996 APPLICANT: Gopher Resource Corporation PROPERTY OWNER: GRC Dakota County City of Eagan CASE #: 12 -PP -6-3-96 HEARING DATE: November 26, 1996 PREPARED BY: Ridley, Michael J. REQUEST: Preliminary Planned Development, Preliminary Subdivision (Gopher Eagan Industrial Park Third Addition) LOCATION: 3385 Highway 149 COMPREHENSIVE PLAN: Industrial (IND) ZONING: Limited Industrial (LI) SUMMARY OF REQUEST Gopher Resource Corporation is requesting approval of a Preliminary Planned Development to allow a new post -consumer industrial plastic recycling plant and a Preliminary Subdivision (Gopher Eagan Industrial Park Third Addition) consisting of one lot and two outlots on 74.5 acres located north of Yankee Doodle Road, west of the Canadian Pacific (CP) Rail line and Highway 149, and north of the existing Gopher Resource facility at 3385 Highway 149. The proposed subdivision will create a 13.4 acre lot north of the existing Gopher facility that is intended to develop as Resource Plastic Corporation's new post -consumer industrial plastic recycling plant. Resource Plastics buys industrial and post -consumer plastic scrap that is recycled into high quality/high purity grades of plastic suitable for injection molding. The new facility will consist of approximately 36,200 SF of manufacturing warehouse and 6,000 SF of office space and area to be leased to Dakota County to operate the Household Hazardous Waste Collection Site and Dakota County's recycling center. The -proposed facility has the potential to be expanded to just over 89,000 SF and could employ as many as 50 full-time employees over the next five years. 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:" Planning Report - Gopher Resource Corporation November 26, 1996 Page 2 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. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). 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. Planning Report - Gopher Resource Corporation November 26, 1996 Page 3 BACKGROUND/HISTORY The majority of the 74.5 acre site is commonly referred to as the Borchert -Ingersoll parcel. This property is in tax forfeiture and the City is working toward acquiring the site for the development of North Park. The City and Gopher Resource Corporation have negotiated a mutually beneficial land swap that will allow a more logical development for both parties. The City has not formally acquired the Borchert property and as such, the land swap with Gopher has not occurred. EXISTING CONDITIONS The 13.4 acre site proposed for development is almost all open grassland with a narrow band of upland deciduous trees in the southwest corner of the property. The remaining 61 acres of the site contain some varying topography, significant vegetation, wetlands, and some relatively flat areas that are surfaced with gravel and have been used for semi -trailer parking. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Undeveloped; zoned and designated Industrial. South - Gopher Resource battery recycling facility; zoned PD and designated Industrial. East - Undeveloped/Hwy 149; zoned and designated Industrial. West - Underdeveloped/Mike Collins Drive; zoned and designated Industrial. EVALUATION OF REQUEST This evaluation is based solely on the proposed development on Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. The two outlots to be created with this subdivision are proposed to become City parkland at some time in the future and therefore will not be evaluated as part of this application. The requested Preliminary PD and Preliminary Subdivision are contingent upon the successful completion of the land swap between the City and Gopher. A. Preliminary Planned Development Term - The Planned Development is proposed to have a term of fifteen years. Phasing - The developer is proposing a multi -phased development. The first phase will include approximately 41,500 SF and subsequent phases will provide an additional 47,000 SF. Compatibility with Surrounding Area - The proposed 41,500 SF (expansion capability to approximately 89,000 SF) Resource Plastic Corporation post -consumer industrial plastic recycling Planning Report - Gopher Resource Corporation November 26, 1996 Page 4 plant is a totally enclosed operation that does not include any outdoor storage or emissions and should be compatible with surrounding development and anticipated future industrial development in this area. Setback - All standard Industrial parking and building setbacks are met. Parking - The proposed site plan provides the required 81 parking stalls to be constructed with the first phase of development and an area dedicated to future parking that will accommodate over 50 additional parking stalls which exceeds the parking requirement for the additional phases. Landscaping - The Preliminary Landscape Plan is acceptable. The plan provides screening along the parking area on the eastern edge of the site and along the northern edge of the site against the future park property (Borchert -Ingersoll). Architecture - The proposed building architecture is consistent with the City's industrial exterior materials requirements. The building will be constructed of grey pre -cast concrete panels with red metal accent trim and canopy roof. Rooftop Mechanical - Building elevation drawings submitted show that there will be no visible rooftop mechanical equipment; however, this should be a condition of approval. B. Preliminary Subdivision Lots - The proposed subdivision will create one 13.4 acre lot and two outlots with a combined area of approximately 60 acres. Grading/Vetlands - The preliminary grading plan is acceptable. The site grading provides for the site to drain southwesterly to the area of the proposed water treatment pond. The developer has incorporated and matched the conceptual grades proposed by the City Parks and Recreation Department for the North Park ballfield complex directly north of this site. There is one jurisdictional wetland on site. No draining or filling of this wetland is proposed. Storm Drainne/Water Quality_ - With modifications, the preliminary storm drainage plan is acceptable. The developer is proposing to convey runoff via storm sewer pipe to an on-site water quality pond to be constructed in the southwest corner of the development site. This pond is proposed to discharge outside of the plat boundaries to Pond EP -2 at approximately 11 feet above the normal water level of EP -2. The discharge pipe from the proposed pond should be extended to the normal water level of Pond EP -2 to reduce the potential for erosion of the side slopes of the pond. The subject site is located in Drainage Basin E and lies just southeast of Pond EP -2, a 12 acre (71 Planning Report - Gopher Resource Corporation November 26, 1996 Page 5 water body located in the proposed North Park that has been recommended for re-classification to an indirect contact recreation water body. Because of the amount of impervious surface coverage associated with this request, the Advisory Park, Recreation, and Natural Resource Commission (APRNRC) is recommending that water quality mitigation requirements be met via the construction of a two -cell detention basin with a skimmer structure at the outlet of the pond. Utilities - With modifications, the preliminary utility plan is acceptable. A sanitary sewer line owned and maintained by Metropolitan Council -Environmental Services (MCES) is available for connection east of the CP Rail line east of the development site and the developer is proposing to extend sanitary sewer service from this sewer under the CP Rail spur line to the development. Connection to the existing sanitary sewer east of the spur rail line will require approval from MCES. The proposed sanitary sewer extension should be constructed to provide service to all of Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition and the northern portion of Outlot F, Gopher Eagan Industrial Park 2nd Addition. Water main to serve this development is located on the east side of TH-149 and the developer is proposing to connect to this water main by extending water main service under TH-149 and the CP Rail. Access/Circulation - Access to the site will be provided at two locations. Truck traffic will access the site primarily from Yankee Doodle Road at the existing access points serving the existing Gopher facility. Other traffic (approximately 60-100 ADT) will gain access to the site from the existing drive to Highway 149. The developer is proposing to improve this existing access along Outlot E of Gopher Eagan Industrial Park 2nd Addition onto TH-149 approximately 1200 feet north of the Yankee Doodle Road intersection with TH-149. This access also crosses over the existing CP Rail spur line east of the site. TH-149 is currently a rural section two lane roadway with paved shoulders. Traffic volumes in 1995 in this area were approximately 10,000 daily trips. MnDOT, Dakota County, the City of Inver Grove Heights, and the City of Eagan are jointly preparing a corridor traffic study for TH- 55 and TH-149 in this area. This study will address improvements necessary to accommodate existing and potential traffic in the TH-55 and TH-149 corridors such as turn lanes, concrete medians, road widening, and access consolidation. This study is anticipated to be completed in the Spring of 1997. Since the study is not complete at this time, MnDOT comments regarding the development's impact on TH-149 will be based on the most recent MnDOT traffic study for the area. At the time of preparation of this report the City had not yet received MnDOT's formal comments regarding this proposal, including the access upgrade; however, MnDOT has preliminarily indicated that required improvements associated with the access to TH-149 will likely include turn lanes or bypass lanes. The access upgrade at TH-149 will require review and .approval by MnDOT. The developer should be aware that future improvements to TH-149 may include a Planning Report - Gopher Resource Corporation November 26, 1996 Page 6 concrete median that would cause access to the site to the site to be restricted to right-in/right-out turning movements only. The developer is also proposing to construct a 20' wide fire access lane with turnaround for fire vehicles on the west and north edges of the development. Easements/Rights of Way/Permits - Private ingress/egress easement documents covering all proposed shared access drives should be submitted to the City Attorney's office for review and approval prior to Council action on the Final Subdivision and recorded with the plat. All construction within the rail road right-of-way will require approval by the CP Rail System. The proposed access upgrade and water main construction within NinDOT right-of-way of TH- 149 shall be reviewed and approved by NInDOT. Tree Preservation - The Tree Preservation Plan is acceptable. There are about 10,000 SF of significant woodlands in the southwest corner of Lot 1, Block 1. If development proceeds as proposed, there will be no removal of significant woodlands. Therefore, there will not be any tree mitigation required. The developer should provide tree protective measures (ie. 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. The developer should also contact the City Forester at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation - Park dedication requirements have previously via the dedication of the Wescott Station Park. SUMMARY/CONCLUSION The proposed Resource Plastic Corporation post -consumer industrial plastic recycling plant is a totally enclosed operation that does not include any outdoor storage. The proposal appears compatible with surrounding development and anticipated future industrial development in this area. ACTION TO BE CONSIDERED To recommend approval or denial of a Preliminary Planned Development that will allow a post- consumer industrial plastic recycling plant on 13.4 acres located north of Yankee Doodle Road and west of Highway 149, and north of the existing Gopher Resource facility at 3385 Highway 149. l 3 Planning Report - Gopher Resource Corporation November 26, 1996 Page 7 To recommend approval or denial of a Preliminary Subdivision consisting df one lot and two outlots on 74.5 acres located north of Yankee Doodle Road, west of the CP rail line and Highway 149, and east of Mike Collins Drive. Approval subject to the conditions listed below. Preliminary Planned Development 1. The Preliminary Planned Development approval is contingent upon the acquisition by Gopher Resources Corporation of all the land comprising Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. 2. This multi -phased Planned Development shall have term of fifteen (15) years. 3. The Preliminary PD provides for a 41,500 SF (ultimate 89,100 SF) plastics recycling plant on Lot 1, Block 1, Gopher Eagan Industrial Park 3RD Addition. 4. A Final Planned Development Agreement shall be executed prior to Final Subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: * Final Site Plan * Final Building Elevation Plan * Final Sign Plan * Final Landscape Plan Upon submission of these final plans, provided they are in conformance with the Preliminary PD, the Final PD may proceed to the City Council for approval. Final approval by the City Council includes future expansion provided the expansion is in conformance with the approved plans in the Final Planned Development Agreement. Preliminary Subdivision Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, C1, C2, C4, D1, E1, F1, Gl, and Hl. 2. The property shall be platted. Planning Report - Gopher Resource Corporation November 26, 1996 Page 8 Storm Draina�e/Water Quality 3. The discharge pipe from the proposed pond shall be extended to the normal water level of Pond EP -2 to reduce the potential for erosion of the side slopes of Pond EP -2. 4. Water quality mitigation requirements shall be met via the construction of a two -cell detention basin with a skimmer structure at the outlet. Utilities 4. The proposed sanitary sewer extension shall be constructed to provide service to all of Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition and the northern portion of Outlot F, Gopher Eagan Industrial Park 2nd Addition. Easem ents/Permits/Right-of-W ay 5. Private ingress/egress easement documents covering all proposed shared access drives shall be submitted to the City Attorney's office for review and approval prior to Council action on the Final Subdivision. 6. All construction within CP Rail right-of-way shall be reviewed and approved by CP Rail System. 7. The access upgrade and water main construction within MnDOT right-of-way of TH-149 shall be reviewed and approved by MnDOT. Tree Preservation 8. The developer shall provide tree protective measures (ie. 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. 9. The developer shall contact the City Forester at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Land Acquisition 10. The Preliminary Planned Development approval is contingent upon the acquisition by Gopher Resources Corporation of all the land comprising Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the stafrs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and -Rights -of -Way 1. This development shall dedicate 10 foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. i �� 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 18 1987 Revised: July 10, 1990 Revised: February 2, 1993 FINANCIAL OBLIGATION - GOPHER EAGAN INDUSTRIAL PARK 3RD There are pay-off balances of special assessments estimated at $4,029 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and uses proposed for the property, the following charges are proposed. 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E11, ' if l � , � tit ]r , s �iiE 1b I t3 Q f 1 $fills Ek [E "_ a 114I As yi 'tF Mill T— z o �G. LU f slEe i LLJ �'F� �� • fill eEER R ��t a Fa .fide' C.') �g [ p� �(g 'ii 0 �A1.4 o �� J o < � c a f J s p i 1L ;� Iq �-- 1�4 Minnesota Department of Transportation h Metropolitan Division r Waters Edge 1500 West County Road B2 Roseville, MN 55113 December 9, 1996 Marilyn Wucherpfennig City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Marilyn Wucherpfennig: Subject: Gopher Eagan Industrial Park 3rd Addition Preliminary Plat Review P96-138 Northwest Quadrant of TH 149 and CSAH 28 (Yankee Doodle Rd) .Eagan, Dakota County CS 1916 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Gopher Eagan Industrial Park 3rd Addition preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. We find the plat acceptable for further development with consideration of the following comments. + The proposed plat does not abut Trunk Highway (TH) 149 right of way. We have no concerns regarding the property boundaries. Questions may be directed to Brad Canaday of our Surveys Section at 779-5007. + A Mn/DOT access permit is required for the proposed change in use of the driveway to TH 149. The driveway must be 32' wide. A right turn lane must be constructed on southbound TH 149 and a left turn bypass lane on northbound TH 149. Transportation improvements necessitated by specific development proposals (such as these turn lanes) are the responsibility of the project proposer, the city, or both. Enclosed are design specifications for turn lanes. Application for permit requires plan and cross-section drawings of the proposed driveway connection. The drawings must show the required driveway width and turn lanes. Further information and the appropriate forms may be obtained from Lars Impola of our Permits Unit at 582-1447 or the above address. + No additional development should utilize this driveway. Direct access to TH 149 from a driveway typically is not appropriate. The primary function of arterials such as TH 149 is to accommodate high volumes of long-distance trips rather than to provide local circulation and property access. When driveways along a highway proliferate and are increasingly used, the highway's capacity and safety are degraded. An equal opportunity empioyer C, �� ,r, _ 7 n 1 I 'C9 Marilyn Wucherpfennig December 9, 1996 page two As the remainder of Gopher Eagan Industrial Park is developed, the developer should rely on access to local streets (such as Mike Collins Drive or Borchert Lane) or to CSAH 28 (with the approval of the county). • Any use of or work within Mn/DOT right of way will also require an approved permit. The permit necessary depends on the nature of the proposed work. Lars Impola of our Permits Unit may be contacted at 582-1447 for further information. If you have any questions regarding this review, please contact me at 582-1400. Thank you. Sincerely, SSherryNarusi icz Local Government Liaison Supervisor c: Pete Sorenson, Dakota County Traffic Engineer Gary Stevenson, Dakota County Surveyor (�4 L!J z J z D f- _0 cc w a i c� i r Lu a r H z _a Q I— m r r I LL a J z cr i 1 W IL Q r co r 0 m r .o N 3 az J O co W U J CL z Lli z J ♦♦CD v, 0 0 N Agenda Information Memo December 16, 1996 Eagan City Council Meeting E. COMPREHENSIVE GUIDE PLAN AMENDMENT - AMS PROPERTIES ACTION TO BE CONSIDERED: To recommend approval or denial of a Comprehensive Guide Plan Amendment to change the land use on approximately 17 acres from CSC (Commercial Shopping Center) and D -I Residential (0-3 units/acre) to D -III Residential (6-12 units/acre) to allow development of townhomes on property located on Beau -D -Rue Drive in the NE 1/4 of Section 19. FACTS: ► The applicant is seeking a Comprehensive Guide Plan Amendment to allow construction of townhomes, at a density of 6-12 units per acre on this 17 acre site. A maximum of 204 units, at 12 units per acre, could be built in accordance with D -III land use designation. ► The site has some physical constraints that will make it difficult and more expensive to develop at the maximum density. These constraints include steep slopes, significant trees and woodlands and a 100 foot wide gas pipeline easement. ► The site is within the Airport Noise Zone IV. As such, housing development will be subject to noise attenuation measures. ► An Environmental Assessment Worksheet (EAW) will be mandatory if more than 150 units are constructed. That number of units would result in a density of 8.8 units/acre. ► There is adequate utility service to accommodate the proposed development. Access to the development would be off Beau -D -Rue, which is designed to accommodate the additional traffic anticipated from development of this property for residential townhomes at 12 units/acre. ► This is one of several properties in the area guided for CSC commercial development. The commercial viability of Cedarvale is limited and there are several under-utilized parcels in the area designated for commercial uses. As such, non-commercial uses may be more appropriate for some of the properties in the area. ► This is a fairly dense area of Eagan with an existing residential density of 6.14 units/acre. Adding 204 townhomes would increase the density to 6.9 units/acre. However, townhomes could also add to the variety of housing opportunities in the area, filling the niche between rental apartments and single family homes. ► It does not appear that development of this property at 12 units/acre (204 units) will negatively impact the school facilities (I.S.D. 9191) or the City's park facilities. The APC conducted a public hearing on this request at their regular meeting on November 26, 1996 and recommended denial of the Comprehensive Guide Plan Amendment. Several APC members indicated that they do not believe D -III Residential (6-12 units per acre) is appropriate in this location and that the area still has potential for commercial development. ISSUES: Several area residents attended a neighborhood meeting and the public hearing before the APC to express their opposition to the proposed land use change. Their primary concerns include: adding more density to the area, loss of open space, and potential increases in traffic congestion. Many stated that they prefer the current land use designations of D -I and CSC. BACKGROUND/ATTACHMENTS ► Staff report, pages _a4rouglvz ► Minutes of November 26, 1996 APC meeting, pages through ► Letters from neighbors, pages Q0- through ,5111 ► Petition stating opposition (first page only; entire petition available at meeting), page �1 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 20, 1996 APPLICANT: AMS Properties (Mike Mogol) PROPERTY OWNER: Leo Mogol CASE #:19 -CG -10-10-96 HEARING DATE: November 26, 1996 PREPARED BY: Julie Farnham REQUEST: Comprehensive Guide Plan Amendment LOCATION: 3960-3978 Beau -D -Rue Drive and Outlot A of Cedar Grove #3 COMPREHENSIVE PLAN: CSC (Commercial Shopping Center) and D -I Residential (0-3 units per acre) ZONING: CSC (Com. Shopping Ctr.), A (Agricultural), and R-1 (Single Family Residential) SUMMARY OF REQUEST AMS Properties is requesting a Comprehensive Guide Plan Amendment to change the land use designation of approximately 12.7 acres of CSC (Community Shopping Center) to DIII Residential (6-12 units per acre) and approximately 4.3 acres of D -I Residential (0-3 units/acre) to D -III Residential to allow development of townhomes on property located on Beau -D -Rue Drive in the NE 1/4 of Section 19. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. EXISTING CONDITIONS SITE - The site contains six buildings including a single family home, a newer metal warehouse, Planning Report - AMS Properties November 26, 1996 Page 2 and four other commercialrndustrial buildings, some of which are barn like in structure. According to the applicant, the buildings are deteriorated and only the metal warehouse and one of the barn structures are worth salvaging. The site topography varies quite substantially with an overall elevation change of over 60 feet. There are also some steep slopes along a ridge that runs through the property. The site is vegetated with grasses and scattered clumps of trees. SURROUNDING USES North - Cedarvale Shopping Center; zoned CSC; guided CSC East - Commercial and apartments; zoned CSC and R-4; guided CSC and D -IV West - Commercial (some in converted single family homes); zoned CSC; guided CSC South - Single family residential (Cedar Grove); zoned R-1; guided D -I BACKGROUNDMISTORY ZONING - The site was originally zoned Residential 1 on the 1959 zoning map. In 1961 a portion of the property along Beau -D -Rue was zoned Commercial 2. The southern portion - Outlot A of Cedar Grove #3 remained zoned Residential 1 and the portion between the commercial and residential pieces was zoned Agricultural. In the 1980s, "Commercial 2" was renamed "Community Shopping Center (CSC)". In 1984 the City Council rezoned a portion of the property from A to CSC in conjunction with a preliminary subdivision. However, the subdivision was never finalized and recorded. The zoning on the property has remained a mix of A, CSC and R-1 since. COMPREHENSIVE LAND USE GUIDE PLAN - The land use has reflected the zoning, with CSC and D -I designations. However, a portion of the area now designated CSC, abutting the D -I area, was originally designated D -IV (Mixed Residential, 12+ units per acre). DEVELOPMENT OF SITE AND SURROUNDING AREA - According to the applicant, the property was originally operated as a farm. In 1984 the former property owner made a request for a preliminary subdivision consisting of 6 commercial lots and one outlot. The City Council approved the preliminary subdivision but a final subdivision was never submitted for approval. As such, the property remains unplatted except the south portion that was platted as Outlot A of Cedar Grove #3. Outlot A is landlocked. It does not appear than any attempt was made to provide for access from Bluestone, Carnelian or Jade Point when the property was subdivided. As such the most likely access to Outlot A would be from Beau -D -Rue. The existing single family home on the property is currently leased for residential use. The metal warehouse and four commercial/industrial buildings have been used for a variety of retail, commercial and manufacturing uses, including millwork manufacturing, a photography studio, and a gymnastics school. Planning Report - AMS Properties November 26, 1996 Page 3 The surrounding area consists of a mix of commercial and residential development, most of which was built during the 1960s and 1970s. Cedarvale Mall and surrounding commercial properties located directly to the north and east, have experienced a decline in commercial activity since direct access to T.H. 13 was eliminated. The Cedarvale Special Service District was established in 1994 to improve visibility and maintenance of the area. Single family development to the south (Cedar Grove) is one of the earlier single family subdivision developments in Eagan, dating back to 1960. The area to the northeast consists of an apartment complex constructed during the late 1960s. The area to the west consists of commercial buildings and older single family homes that have been converted to commercial uses. EVALUATION OF REQUEST AMS PROPERTIES PROPOSAL - The applicant is seeking a Comprehensive Guide Plan amendment to change the land use on this property from CSC and D -I to D -III Residential (6-12 units per acre). They are proposing to construct townhomes on this 17 acre site at a density of up to 12 units per acre, which would be a maximum of 204 units. The concept plan submitted by the applicant indicates a mix of eight, six, and four-plex units (see Exhibit A). Staff notes that the applicant has not completed a detailed site analysis and physical site constraints will likely result in fewer buildings. Access will be through private streets off Beau -D -Rue. According to the applicant, development will occur in three phases over about three years. Phase I will include the eastern portion of the site, including site work and demolition of the existing buildings in this area. Phase II will include the southern most area (Outlot A) abutting the residential development. Phase III will include the remainder of the site and will involve dismantling of the metal warehouse building. ENVIRONMENTAL IMPACTS Grading/Topography - The site has large variations in topography with several moderate to steep slopes. The site generally. slopes toward Beau -D -Rue Drive on the north. Elevations on the site range from approximately 810 at Beau -D -Rue to 874 along the east and south edges of the parcel, resulting in an overall elevation change of 64 feet (see Exhibit B). Site grading to accommodate the proposed development could be quite extensive. Site planning that works with the natural topography will help minimize the extent of grading. Storm Water Drainage/Water Quality/Wetlands - The site lies within Drainage District A as identified in the City's Storm Water Management Plan (1990) and ultimately drains to the Minnesota River. Existing storm sewer within Beau -D -Rue Drive is available for connection by development on this property. A low area near Beau -D -Rue Drive should be modified for use as a storm water basin of sufficient size to control storm water runoff from the site so as not to overburden the existing storm sewer system. Planning Report - AMS Properties November 26, 1996 Page 4 Trees/Vegetation - The City Forester prepared a rough estimate of significant vegetation on site using 1994 aerial photographs. His analysis indicates that there are some large diameter (20% 30") oaks as well as a variety of upland hardwood trees (ash, blackcherry, elm, etc.). The total amount of woodland area is about 5.6 acres in size, or about 35% of the site (see Exhibit Q. However, a more exact tree inventory is need to accurately determine the amount of significant trees. A tree inventory will be required with a subdivision proposal. According to the City's Tree Preservation Ordinance, allowable removal for this type of development is 47.5% of the existing significant trees/woodlands. Airport Noise - With the State's decision to expand the airport at its current location, a new north -south runway will be constructed adjacent to Cedar Avenue. This runway will align with the intersection of Cedar Avenue and T.H. 13. The proposed noise policy contours for this runway would place the subject property within Noise Zone IV, in which residential uses are considered conditional (see Exhibit D). For residential development to be approved in this zone, a Comprehensive Guide Plan amendment would need to include acceptable findings concerning the following: 1. Specific nature of the_pro'posed use, including -ft -extent of outdoor activities. The applicant is proposing multi -family residential development. At this time, no plans or details regarding outdoor use areas have been submitted. 2. Relationship of the proposed use to_other planning considerations including adjacent Ian use activities consistency with overall comprehensive planning and relation to other metropolitan systems. These items are evaluated in this report. In general, the proposed development will not have a significant impact on the metropolitan sewer, transportation or park systems. 3. Frequengy of e osure ofro osed use to rcraft overfli h Current projections indicate that, once opened, the runway will carry 135,000 to 173,000 operations annually. The runway is expected to be used by 37% of the departures and 17%* of the arrivals. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. Because of the position of the runway, up to half of the arrival and departure flight tracks will be within close proximity to the site. 5. Location site designs and construction restrictions to be imposed _by„athe community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. If the City approves residential development in this area, architectural designs and construction methods for new construction within the development must incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 6. Method the community will use to inform future occupant of proposed building of potential noise fr m aircraft operations. The City will require that a notice be recorded on the deed for each lot and/or condominium unit indicating that it is in the Metropolitan Council Aircraft Noise Zone IV. 7. Extent to which the community restricts the building from having facilities for outdoor Planning Report - AMS Properties November 26, 1996 Page 5 activities associated with this use., Again, no plans or details for outdoor use areas have been presented at this time. Such plans would be part of a more detailed site plan that would be required with a rezoning and preliminary subdivision request. 8. Distance of thg-RLgposed use from existing, or prolLased runty s arallel taxiaays or engine run-up areas. The property lies approximately 3.5 miles south of the proposed runway. Environmental Assessment Worksheet (EAR') - An EAW is mandatory for development of 150 or more attached residential dwelling units. If a proposal for 150 or more residential units is proposed (8.8 units per acre), the City would require the EAW be submitted as part of an application for rezoning or preliminary subdivision. INFRASTRUCTURE Street Access/Circulation - Beau -D -Rue Drive, north of the parcel is a 44 -foot wide, 4 -lane road. The developer is proposing to take access onto Beau-D•Rue Drive at two locations near the current access locations. Local street access to this site is only available from Beau -D -Rue. Traffic Impacts- Traffic volumes on Beau -D -Rue Drive in 1995 in this area were approximately 5,000 daily trips. Beau -D -Rue Drive is classified as a community collector street capable of handling 5,000 to 10,000 vehicles per day. Estimated traffic volumes generated by the current use of the parcel are approximately 280 daily trips. Redevelopment of this site with a 150,000 s.f. shopping center (estimated maximum size that would fit the 12.7 acres of CSC land) and 12 single family homes (estimated homes on 4 acres of D -I land) would increase the number of daily trips to about 13,000, which would exceed existing the design capacity of Beau - D -Rue. Development of D -III residential, based on a maximum density of 12 units per acre (204 units total) would generate 1,224 daily trips, for a total of about 6,224 daily trips. As such, the additional traffic associated with development of this property with residential use at a density of 12 units per acre should not increase traffic enough to create a capacity problem on Beau -D - Rue Drive. Sanitary Sewer • Existing sanitary sewer of sufficient depth and capacity within Beau -D -Rue Drive is available to this parcel and could accommodate the proposed change in land use. Water Main - Existing water main within Beau -D -Rue is available for connection by this development. Utilities - A 100 foot wide NSP gas pipeline runs through the site. The location of the pipeline lines up closely with the parcel boundary separating the existing CSC and D -I land use designations. The applicant will have to comply with any regulations NSP has for construction within their easement, including a restriction on locating buildings in the easement. a62', Planning Report - AMS Properties November 26, 1996 Page 6 COMPREHENSIVE LAND USE IMPACTS Residential Land Supply - Of all of the land in the City designated for residential development, 509 acres (2.370/*) is guided for D -III (6-12 units per acre) development. Of the land currently designated for D -III development, only about 10 acres (2%) is still vacant and available for development. As of December 1995, the City's overall breakdown by housing type (versus land use designation) is: 54% single family detached and 46% non -single family detached (i.e. duplex, townhomes, condominiums, and apartments). Within the non -single family detached category, the current breakdown is 39% townhomes, 5% duplexes and 56% apartments. The City of Eagan currently exceeds its target range of 35-38% established for non -single family detached units. Therefore, as part of its Livable Communities goals, the City is not actively encouraging additional non - single family detached housing beyond the 46% already assumed in the current land use plan. Neighborhood Residential Density - In addition to citywide land use and housing supply balance, the housing balance and density within the surrounding neighborhood should also be considered. Existing residential development within the surrounding area (see Exhibit E) consists of an overall density of 6.14 units per acre. If the proposed development of 204 (maximum allowed under D -III) is included, the density of the neighborhood would increase slightly to 6.9 units per acre (see Exhibit F). This is one of a few neighborhoods in Eagan with a significant concentration of non -single family detached housing and higher densities. However, the existing neighborhood mix of housing types consists mainly of single family and rental apartments. The housing element of the Comprehensive Guide Plan discourages concentration of a particular housing type within any one neighborhood. From that perspective, townhomes could help balance the mix by providing housing options that fill the niche between apartments and single family homes. Commercial Land Supply - Land designated for commercial development comprises about 9.6% of all the land in the City. Of that commercial land, about 122 acres (60%) is designated for Commercial Shopping Center development. The Commercial Land Use Study - Interim Report Working Policies (1994) concludes that Eagan has an oversupply of retail commercial land. It also states that Cedarvale, an existing Major Commercial node, is unlikely to be a viable long term traditional community shopping center because of changes in access and visibility in the area and community -scale commercial competition elsewhere in Eagan (e.g. Town Centre, Cliff Lake). Given an excess of land designated for commercial development and the limited commercial viability of the Cedarvale area, it may be appropriate to re-examine the feasibility of commercial development on this property. There is a good amount of under-utilized land designated for CSC uses in the immediate surroundings. As such, changing the use of this property to a non - Planning Report - AMS Properties November 26, 1996 Page 7 commercial use should not significantly impact the long-term opportunities for commercial development in this area. Medium density residential development may, in fact, serve as a needed transitional use, of at least a portion of this property, given its location between Cedarvale Mall and the Cedar Grove neighborhood. SCHOOL SYSTEM This property is within Independent School District #191 (Burnsville -Eagan -Savage). The school district staff was contacted regarding the proposed residential development of up to 204 townhome units. School district staff responded that they do not believe the proposed development will significantly impact enrollment or building capacity of district schools. A letter from the school district is attached (see Exhibit G). PARKS AND RECREATION SYSTEM This area is in park service district #19 and is served by three neighborhood parks: Woodhaven Park, located to the northeast off Rahn Road, Cedar Pond Park, located to the south along Diffley, and Carnelian Park, located to the east off Blackhawk. It does not appear that the residents of the proposed residential development would have a negative impact on the service capacity or function of these parks. The City's Park System Plan does not identify any new public parks to be built in this area. However, multi -family residential developments often provide private recreation/open space facilities as amenities. The City would encourage the developer to consider including some open space and recreational amenities if a specific residential development proposal is submitted. If the Comprehensive Guide Plan Amendment is approved and the applicant submits a subdivision proposal, it would be subject to the City's parkland dedication requirements. At that time, the City, including the Advisory Parks, Recreation, and Natural Resource Commission, would review the merits of a land dedication for parks and/or trails. NEIGHBORHOOD MEETING A neighborhood meeting was held on November 13, 1996 to give the area property owners an opportunity to review the proposal prior to the official public hearing. About 25 property owners/residents of the area attended. The major concerns expressed included: Development on Outlot A - Several people indicated that they would like this area to remain undeveloped, or to be developed at a much lower density. Proposed density - The high end of the D -III density window at 12 units per acre was generally viewed as unacceptable. No consensus was reached regarding what density would be acceptable. Suggestions were made to keep higher density closer to Beau -D - Rue and more open space on Outlot A. The applicant stated that until detailed grading ao� Planning Report - AMS Properties November 26, 1996 Page 8 plans are done, it will be difficult to determine the precise density and building arrangement. Ownership - Some concerns were expressed about rental property and the potential for decreased property maintenance and a less stable population. The applicant indicated that they hope to market the property for owner occupied units, however, at this time, they cannot be sure that none of the units would be rentals. Impact on property values - Concerns were expressed about a possible decline in property values resulting from adjacent multi -family development. The applicant indicated that they anticipate units ranging in value from $80,000 to over $100,000. SUMMARY OF FINDINGS GENERAL CONSIDERATIONS The applicant is proposing to amend the Comprehensive Guide Plan to change the land use on approximately 17 acres from CSC and D -I to D -III Residential to allow development of townhomes at a density of 6-12 unitstacre (max. 204 units). The concept plan submitted indicates a mix of 8, 6, and 4-plex buildings. Until more detailed engineering plans are completed, it is difficult to accurately determine how many units can be built. The applicant intends to develop the property in three phases over about three years. All of the existing buildings on the site would eventually be removed. ENVIRONMENTAL IMPACTS The site contains fairly irregular topography with some steep slopes that will make it more difficult (and expensive) to develop. There are also some pockets of significant trees that will need to be protected or mitigation will be required. Given the physical site constraints, it may not be economically feasible to development this property at the 12 units/acre maximum density allowed under D -III. However, it may be possible to develop at a density of 6-9 units per acre. Until more detailed engineering plans are submitted, it is difficult to determine precisely the number of units that could be built. Due to proximity of this property to the MSP International Airport, noise attenuation features must be factored into the site and architectural design. An EAW will be required for development of 150 or more attached residential units. The City will require a completed EAW prior to review of a residential development proposal, unless it is for less than 150 units. Staff notes that if 150 units are built, the density would be 8.8 units/acre. INFRASTRUCTURE There appears to be adequate street access and utilities to service the site and the proposed residential development. The 100 foot NSP pipeline easement will pose some constraints on building locations and possibly on grading, since there may be restrictions on how much soil can be placed on top of the pipeline. Planning Report - AMS Properties November 26, 1996 Page 9 COMPREHENSIVE LAND USE IMPACTS Most of this property was guided for commercial development at the time the first Comprehensive Guide Plan was adopted over 20 years ago. At that time, Cedarvale was envisioned to be one of the city's major commercial hubs. During the 1980s, T.H. 13 was realigned and direct access to Cedarvale was cut off. Since then, the commercial viability of the area has declined significantly. Given the limited access and the development of other commercial centers in Eagan and surrounding communities, it is unlikely that Cedarvale will become a major commercial retail center in the future. In addition to this property, there are several other parcels guided for CSC that are currently under-utilized. As such, non-commercial land uses may be more appropriate for some of the properties in the area. This is a fairly dense area of Eagan with an existing residential density of 6.14 units per acre. Adding townhomes on this property at 12 units per acre (max. allowed for D -III) would increase the density to 6.9 units per acre. However, it is also an area that provides a mix of housing types. Townhomes would add to the variety of housing opportunities in the area, filling the niche between apartments and single family homes. SCHOOL SYSTEM Staff from I.S.D. #191 do not believe a townhome development with up to 204 dwelling units would have a significant impact on the capacity of district schools. PARKS SYSTEM This area is served by three neighborhood parks: Woodhaven, Cedar Pond, and Carnelian. Park Department staff believe these parks adequately serve the area population and the addition of up to 204 new residential units should not significantly impact the facilities. The City's Park System Plan does not indicate a need'for additional parkland in this area. However, the merits of providing a land dedication for public park and/or trail purposes would be considered with a subdivision proposal. ACTION TO BE CONSIDERED To recommend approval or denial of a Comprehensive Guide Plan Amendment to change the land use designation on approximately 17 acres from CSC (Community Shopping Center) and D -I Residential (0-3 units per acre) to D -III Residential (6-12 units per acre) to allow development of townhomes on property located on Beau -D -Rue Drive in the NE 1/4 of Section 19. �o� carafEag- a 11 My of Eagan Community Development Department Location Map M 9 Y\ - Nom. 141 Comprehensive AMS Properties 0 roll, FZLE 0 Case No. 19 -CG -1 0-10-96 Z, a D"'? u IN NOW R .I�w I I �Ml A N 200 0 200 400 Feet Ow—we AMS Properties Case No. 19 -CG -10-10-96 Comprehensive Plan Map Guide Plan Designation CSC Community Shopping Center D-1 Single Family Residential (0-3 unitstacre) N 300 0 300 Feet Z City of Eagan C m miter D&Mopire l Depat nent a� m x m m m C3 z C N v C:Q M o z 0 Dp � O� Z m CQ C c aol CPO U r r r r u 1 CEp ARV A E i ti r AX 0,'-' 02 12g o i of (/I I 1� a o 1\ • 373 3e B 0 36 F6 z o a 20 1 22 5 23 24 Jam/ { 25 I 7 i z � 1 � w a i m CL - - i CL CL v 77 Mi e9 — � j Cl)I W ' !+ TCD • Rif z = 1 ca N O r► u x Cm v i c1 W4 Nls<1!I rt J f 1 ool� z � w � i CL CL 4k j Cl)I W ' !+ TCD Rif = 1 ca N O r► u x Cm v i c1 Nls<1!I rt J f C � �ofEagan Neighborh City of Eagan Commnity Development DepatT en; ood Residential Density 93 v Cedarvale Highlands Apart ''� �` Vew Pointe �— artments 4A N 200 0 2W 4W Feet EXHIBIT E NEIGHBORHOOD RESIDENTIAL DENSITY Density without AMS proposal (existing) Development # Units Acres Units/Acre Cedarvale Highland Apartments 108 6.5 16.6 Viewpoints Apartments 327 12.9 25.3 Cedar Grove (portion) 264 94.4 2.8 Total 699 113.8 6.14 Density with AMS proposal Development # Units Acres Units/Acre Cedarvale Highland Apartments 108 6.5 16.6 Viewpointe Apartments 327 12.9 25.3 Cedar Grove (portion) 264 94.4 2.8 AMS proposal 204 (max) 17 12 Total 903 130.8 6.9 EXHIBIT F BURNSVILLE+ EAGAN. SAVAGE INDEPENDENT SCHOOL DISTRICT 191 J �'4n- Administrative Services Center 100 River Ridge Court 0 Burnsville, Minnesota 55337 Julie Farnham City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Ms. Farnham, Independent School District 191 is aware of the proposal for a townhouse development behind the Cedarvale Shopping Center. Based on information provided by you, the District believes it has the building capacity to accommodate those students who would reside there. If you are in need of additional information, please contact me at your convenience. Sincerely, Steven W. George Director of Planning and Information Systems (612) 707-2065 An Equal Opportunity Employer 9 EXHIBIT G Page 13 November 25, 1996 - ADVISORY PLANNING CONMSSION COMPREHENSIVE GUIDE PLAN AMENDMENT AMS PROPERTIES Chairman Miller opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment to change the use of approximately 12.7 acres from CSC (Community Shopping Center) to D -III Residential (6-12 units/acre) and 4.3 acres from D -I Residential (0-3 units/acre) to D -III Residential (6-12 units/acre) located at 3960 -78 Beau -D -Rue Drive in the NEV4 of Section 19. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated November 20, 1996. Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Farnham noted that upon a more thorough investigation by the applicant, it may be learned that it would be difficult to build 12 units per acre due to the topography and vegetation restraints of the property. Ms. Farnham also noted that the subject property is effected by the new airport north -south runway and is within the Zone 4 restrictions. Bruce Andrews, a representative of the applicant, stated that the property owner has examined its option of uses for the property and concluded that it is necessary to have higher density because the limited amount of suitable building area restricts were buildings can be placed. Mr. Andrews concluded that D-3 designation is the most profitable plan and single-family is not feasible due to the land constraints. Mr. Andrews stated that it is the applicant's desire to move as little dirt as possible while allowing the maximum possible buildings in the space. Dan Wilharber, a resident of Cedar Grove, presented a petition with 300 names in opposition to the application. Mr. Wilharber further shared a video which depicts the current condition of the parcel. Mr. Wilharber suggested that the parcel be kept as open space and cited a Star Tribune article in which Mayor Egan was quoted. In response to Member Segal's inquiry, Mr. Wilharber stated that the neighbors in opposition to the proposal are in agreement with keeping the CSC designation. Steve Walhck, another Cedar Grove resident, stated that his property backs up to Outlot A. Mr. Wallick stated that he opposes the proposal and wants the property to remain CSC and D-1 to allow the property to blend with the other surrounding commercial uses. Mr. Wallick outlined the issues and concerns stated in his November 26, 1996, letter to the Advisory Planning Commission. Mike Mogol, the son of the property owner, stated that they have tried to market the property as a commercial site and have been unsuccessful. He stated that the biggest concern in trying to sell the property is due to Outlot A and the owner has learned that they will need to build the site themselves to use the Outlot A in conjunction with the rest air Page 14 November 25, 1996 ADVISORY PLANNING COhSIISSION of the property. A resident of 2080 Carnelian Lane presented graphs showing the crime rate in multiple -housing units as opposed to single-family units. Residents of 2086 Carnelian Lane inquired regarding the adequacy of the watermain lines to the property and who shall be financially responsible for providing adequate water supply. Bob Richardson, a business owner in one of the buildings on the subject site, opined that there has to be a better use than residential, but recognized the owner has a right to do what he wants with his property. Chairman Miller closed the public hearing. Member Heyl stated that a D-3 designation is not sensible and is not best for the area. She further stated that if the City removes the CSC designation, it may send a signal that it is giving up on the Cedarvale business area. Member Burdorf concurred with Member Heyl. Member Burdorf moved, Member Heyl seconded, a motion to recommend denial of a Comprehensive Guide Plan Amendment to change the use of approximately 12.7 acres from CSC (Community Shopping Center) to D -III Residential (6-12 units/acre) and 4.3 acres from D -I Residential (0-3 units/acre) to D -III Residential (6-12 units/acre) located at 3960 -78 Beau -D -Rue Drive in the NEI/4 of Section 19. All approved in favor. 017 November 26, 1996 Advisory Planning Commission City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Attention: Julie Farnham, Planner Subject: AMS Request for Comprehensive Guide Plan Amendment City of Eagan Case No. 19 -CG -10-10-96 Dear Julie: The residents of Cedar Grove Subdivisions No. 1, 2 and 3 and surrounding neighbors hereby notify the City Planning Commission, City Council and Staff that we unanimously oppose amending the Comprehensive Guide Plan. Therefore we respectively request the Advisory Planning Commission to deny the above referenced amendment request and uphold the Comprehensive Guide Plan; based on the following criteria: Criteria No. 1 - Historical Land Use: Historical and present Comprehensive Guide Plan decisions for the above referenced property located adjacent to Beau -D -Rue have guided the property towards Commercial Shopping Center. This helps maintain a consistent land use with other commercial property along the Beau -D -Rue corridor. Criteria No. 2 - Comprehensive Guide Plan: The Comprehensive Guide Plan not only promotes a consistency of commercial shopping center land use along Beau -D -Rue but it maintains a buffer between the CSC and the Single Family Residential land by designating the Outlet 'A' parcel as D I. Criteria No. 3 - City Planning Issues: a. The City Planner reports that the present level of Multi -Family, Medium to High Density Residential, land use exceeds the target range established by the Comprehensive Guide Plan, and any further Medium to High Density development is not encouraged. b. By recommending approval of this Amendment, the City is giving up the right to review and impose conditions and restrictions that would help achieve the City's quality performance standards for Medium to High Density development. Criteria No. 4 - Site Issues: The property is a combination of complex site issues all requiring extensive investigation and testing to justify Medium to High Density development proposed by the Applicant. These issues include but are not limited to: a. Steep slopes b. Low Drainage Areas c. Offsite Drainage onto Property d. Possible Wetland Soil and Vegetation e. Natural spring f. Mature Trees g. Existing Wildlife Habitats. Criteria No. 5 - Noise Issues: The property is located within the Metropolitan Airport Commission's Noise Zone IV which requires adherence to rigorous conditions for approval of Residential land..' The other.noise concem is the potential disturbance from the residents of the higher density development to the surrounding single family residential property owners. Criteria No. 6 - Safety Issues: Designing 30% of the units to be rental units will only increase the amount of transient residents in a part of town that has an above average concentration of this type of, housing. We are already experiencing the highest number of police responses to crimes against persons and property in the City of Eagan. We would like to thank the City for their foresight and perseverance in controlling the general health, safety and welfare of it's residents by protecting us from unreasonable land use development such as what is proposed by the Applicant. The Applicant has clearly not submitted any reasonable evidence justifying the proposed Guide Plan Amendment to the betterment of the public's general health, safety and welfare. We are not against development, we are for responsible development. We agree with the City's current land use plan for these three parcels and will support development than meets all of the City's regulatory requirements. We object to a private party requesting the City to reverse it's public approved land use plan for the short term financial gainpof one individual verses the long term objectives of the City and it's residents: Sincerely, Stephen W. allick 2089 Camelian Lane Eagan, Minnesota 55122 Enclosures: Petition Site Analysis Sketch Traffic Congestion Sketch Eagan Police Report Summary Charts cc: Chair Mark Miller Vice Chair Carla Heyl Secretary Jerry Segal Gunnar Isberg Steven Burdorf Lary Frank Dee Richards Alternate Don Schindle File a�a Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122-1897 Attention:) We strongly oppose the request submitted by AMS Properties to amend the Comprehensive Guide Plan to change the land use- designation on property located at 3960-3978 Beau -D -Rue Drive from CSC (Commercial Shopping Center) to D-111 Residential )6-12 units per acre). Our major concern is for the property owners who, currently live in this area. We believe Eagan's Comprehensive Guide Plan is in place for those of us living here and not for developers who want to build townhouses and make money. This is their only interest. An application to amend the plan to residential zoning now or later is not in our community's best interest. More and more open space is being developed into townhouses. Eventually there will be no open space left in Eagan. We trust as our city advisors, staff, and planning commissioners you will advise our elected officials to turn down the guide plan amendment of this tract of open space which is presently guided commercial. We have confidence in you, our elected officials, to turn down this amendment application based on our present, but most importantly, future needs of our community. The decisions we make now dictate the way we live later. Our city government must keep this thought foremost as it considers this amendment. Such a decision only benefits the developer who is in the business to make money, but for the residents, the issues are much bigger than profit. Increased strain on area roads, infrastructure, school systems, the impact on the environment, plummeting property values and expense to the taxpayers are but a few of the major concerns. The large portion of the land is currently zoned agricultural and is guided toward CSC (Commercial Shopping Center), while the small of the land is currently zoned R-1 (Residential) and is guided toward D-1 per the Eagan Planning Department. Now a developer wants to rezone it to D-111(6-12 units per acre). What is going on? The City of Eagan cannot afford to let another developer come into our city and make decisions for us. We are the ones who benefit or lose by such decisions, and the city council represents the people who live here, not corporate entities. Sincerely, Concerned Eagan Resident Street Address: November 25, 1996. Eagan City Hall 3830 Pilot Knob.Road Eagan, Minnesota 55122-1897 Attention: Thomas Hedges, City Administrator' As residents of Eagan for 2.1 years, we strongly oppose AMS Properties proposal to amend the Comprehensive Guide Plan. To change the land use designation from CSC(Commercial Shopping Center) to DIII Residential (6-12 units per acre) at 3960-3978 Beau.,D-Rue Drive, is not now or later in the best interests of our community. Currently, a large tract of land zoned agricultural is guided CSC. A smaller tract zoned RI(residential) is guided DI. clow, an outsider is pushing to -make it DIII.' Why or how can we consider this? What is going on? We, like our fellow property owners, have a genuine concern. After all, isn't Eagans Comprehensive Guide Plan in place for us? It is not intended for developers eager to build townhouses and make money. This is .their only interest. As property owners and tax payers in the community, our interests go much deeper. Please take a. long hard look at how much space is.being developed into townhouses. Sooner than later, there will be no more.open.space left in our City. Decisions we make today is how we-will:live tomorrow. Think about it as you examine the -proposal to amend -before you and the impact it could have on us if the designation is changed in this area. If AMS Properties is successful in their objectives,.they will be the only winner. We, the residents, will face much bigger issues and concerns. Our area roads will bear much more traffic, infrastructure and school systems. It will have an impact on the environment, drive property values down and create more expense for those of us who live here. We expect as our advisors; staff and planning commission you will : advise elected officials to turn back this guide plan amendment, now guided Commercial. As elected officials, we the community have put our confidence in you to make the correct decisions that affect our well being. We want the application for rezoning by APES Properties to be rejected. We do not want -or need another developer coming into to make our decisions. As our city council, you represent of the people not commercial interests. Thank you. Sin erely, i L4 Uts.44v,-,' 4 d6 Con /ed r�d�� g Ea an Residents 2074 Carnelian Lane aal Eagan to the interest Exhibit "A" PETITION To: The City of Eagan, Planning and Zoning Department From: Including but not limited to Property Owners within 350 feet of 3960 - 3978 Beau -D -Rue Drive Re: Comprehensive Guide Plan Amendment Request for: 3960 - 3978 Beau -D -Rue Drive Eagan, VIN City of Eagan Case No. 19 -CG -10-10-96 We. the undersigned, hereby give notice to the City of Eagan that we DO NOT want the City to amend the Comprehensive Plan for the above referenced property from "Commercial Shopping Center" to "D III Residential" for reasons as stated on attached Exhibit `B"; Printed Name Address N S i gna�ure Signature Printed Name z i a Printed Name Printed Name Printed Name aaa- Address did- C L Address Q ) Address 7 Print Name Address Address 312 aat }ia�� fhtr6 a✓G Printed Name Address Ila �� ��s�� c 93�- Printed Name Address - Printed Name Address Myr /L SSG tiS rJN �O J' C rc'N rLIItI�- - `- Printed Name z i a Printed Name Printed Name Printed Name aaa- Address Address /-�2 7 Address 7 1 6 Address 312 aat }ia�� fhtr6 a✓G Agenda Information Memo December 16, 1996 To approve or deny an amendment to the city's Comprehensive Guide Plan from D -I, Single - Family Residential, to NB, Neighborhood Business for 2.42 acres at the southwest corner of Cliff Road and Dodd Road. FACTS: ► The Larson's are requesting this change to the Comprehensive Guide Plan to allow the construction of a retail center and convenience gas station. ► A neighborhood informational meeting was held on September 18, 1996 and about 15 people attended. The APC conducted a public hearing on this proposal at its regular meeting on September 24, 1996, and recommended denial of the Comprehensive Guide Plan Amendment, stating that there is sufficient commercial uses already within the City, the proposed uses are to intense for the existing conditions of the surrounding area, and the applicant had not presented sufficient evidence that a change to the current Comprehensive Guide Plan designation of D -I is warranted. Consideration of this proposal by the City Council was continued at the applicant's request. The applicant wanted time to do additional research on other development options for this property. The neighborhood was sent a reminder notice on December 6, 1996, that this item was scheduled for this City Council agenda. ISSUES: A petition with 78 signatures and one other letter have been submitted in opposition to the proposed amendment. Dakota Electric submitted a letter indicating they have no objections to the proposed amendment. ► Issues and concerns raised during the public hearing include increased traffic, environmental impact to wetlands and wildlife, safety of nearby water wells if gas station is installed, esthetic impacts of noise and lights from commercial development, incompatibility with surrounding residential and park uses. BACKGROUND/ATTACHMENTS: APC minutes of September 24, 1996, pages��through2Z) Staff report, pages( through J Otl -3 Page 6 September 24, 1996 ADVISORY PLANNING CONMIISSION COMPREHENSIVE GUIDE PLAN AMENDMENT PHILIP LARSON Chairman Miller opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use of 2.42 acres from D-1 Single Family (0-3 units/acre) to NB Neighborhood Business located on the southwest corner of Dodd Road and Cliff Road in the NWV4 of Section 36. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated September 18, 1996. Ms. Dudziak noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Dudziak highlighted City staffs evaluation of the applicant's request. Chairman Miller noted a letter to the APC received from David and Heidi Kolhoff in opposition to the applicant's request. The applicant, Phil Larson, stated that he and his wife are 12 -year residents of Eagan. He stated that their vision of possible uses for the subject site if the request is approved is a doctor's office, a bagel shop, convenience mart, a Great Clips, and the like. He stated that the proposed development is to serve the neighborhood, not draw additional persons into the neighborhood. He stated that currently the area is not served by any other neighborhood business commercial node. A resident of 730 Caribou Lane stated that in the applicant's request for a comprehensive guide plan amendment to neighborhood business, the applicant has indicated its plans to construct a small retail center with gas retail sales. The resident noted that a gas station is a conditional use in a neighborhood business. He further stated that neighborhood business uses would not be compatible with .the surrounding uses or the general area. The resident noted that the subject property is not in the center of the residential neighborhoods. The resident stated that LB designation would be more compatible with the surrounding uses and area. The resident of 730 Caribou Lane further noted four concerns of the surrounding residents in connection with the applicant's request: (1) safety -neighborhood business uses will draw people and thus increase traffic on Dodd and Cliff Road which are not built for that volume of traffic; (2) environmental -no available storm sewer for runoff from the site with the development, no analysis by the City of what impact or risk a gas station use may have on the surrounding water wells, wetlands and wildlife; (3) esthetics - neighborhood business use on the subject site will interfere with esthetics, increasing noise, lights and incompatibility with adjacent park use. 2, a `i Page 7 September 24, 1996 ADVISORY PLANNING COMMISSION Finally, the resident of 730 Caribou Lane stated that there is not a need for commercial service node in the area, stating that there are plenty of services in the area for the neighborhood residents and therefore requested a recommendation of denial. A resident of Dodd Road stated that the area is not served by a neighborhood use and that is the choice of the area residents. The residents stated that most of the surrounding residents are located in that area because there are no neighborhood business uses and it remains within a rural type setting. The resident stated that their property was purchased with the knowledge of the agricultural zoning and D-1 land designation. The resident further stated concern about the potential additional traffic to the area, increasing safety concerns to vehicle and pedestrian traffic if the development is approved. A resident of 708 Caribou Lane concurred with the other residents, adding that he owns one-fourth of the pond located behind his house and is concerned with the impact the proposed use may have on it. A resident of 4635 Dodd Road also concurred with the other residents emphasizing concerns on the safety issues, including the location of underground gasoline tanks near water wells, home security with increased use in the area and increased traffic on Dodd Road. A resident of 4822 Dodd Road expressed concern about the increased traffic on Dodd Road between Cliff and Farm Road that would result from the proposed use and the negative impact it may have with the 30 existing accesses onto Dodd Road. Another resident of 570 North Green Leaf Drive stated he concurred with the other residents. The public hearing was closed. In response to Chairman Miller's inquiry, Design Development Engineer John Gorder advised that Dodd Road is scheduled to be improved in 1998 which will include the roadway between Cliff Road and the VFW. Member Burdorf commended the applicant for innovative ideas with its development, but stated that he could not recommend approval of the request because there is sufficient commercial use already within the City and the proposed uses are too intense for the existing conditions of the surrounding area. Member Segal concurred, adding that the comprehensive guide plan designates the property as residential and the applicant has not presented sufficient evidence that a change in the designation is required. Member Segal moved, Member Heyl seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment changing the land use of 2.42 acres from D- 1 Single Family (0-3 units/acre) to NB Neighborhood Business located on the southwest comer of Dodd Road and Cliff Road in the NWV4 of Section 36. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 18, 1996 APPLICANT: Philip and Shirley Larson PROPERTY OWNER: Weierke Trenching & Excavating CASE #: 36 -CG -9-8-96 HEARING DATE: September 24, 1996 PREPARED BY: Julie Farnham/ Pam Dudziak REQUEST: Comprehensive Guide Plan Amendment from D-1 (Single Family) to NB (Neighborhood Business) LOCATION: SW comer of Cliff Road and Dodd Road COMPREHENSIVE PLAN: D-1 (Single Family 0-3 units/acre) ZONING: A - Agricultural Philip and Shirley Larson are requesting a Comprehensive Guide Plan Amendment from D-1 (single family 0-3 units/acre) to NB (Neighborhood Business) to allow construction of a small retail center and convenience/gas station on 2.42 acres located at the SW corner of Cliff Road and Dodd Road in the NW quarter of Section 36. The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. The site is undeveloped. There is an old trailer on-site that has been used as a vegetable stand by Pahl's Market. According to the applicant, the property has been used as a farmers market a � � Planning Report - Philip and Shirley Larson September 24, 1996 Page 2 and for Christmas tree sales. The site is open with relatively flat topography with elevations at or near 940 feet. A Dakota Electric substation is located on an abutting lot to the southwest. That lot does not have frontage on a public street. Access to the substation is provided through an easement on the subject property. The applicant has stated that it is their intention to retain the easement. SURROUNDING USES North - Single family (Fawn Ridge and Overhill Farm Additions); zoned PD and R-1,- guided -1;guided D-1 East - Landscape business (Weierke); zoned A, guided D -II West - Lebanon Hills Regional Park; zoned P, guided P (Parks) South - Single family residential (large lot); zoned A; guided D-1 ZONING This property was zoned A - Agricultural on the 1959 zoning map and has never been rezoned. Previous requests to rezone the property were denied (see Development of Site). COMPREHENSIVE LAND USE GUIDE PLAN The property is guided D -I Single Family Residential (0-3 units/acre) and appears to have been given that designation at the time the Comprehensive Guide Plan was created in 1974. The oldest map staff could find is dated 1980 and designates this property D -I. DEVELOPMENT OF SITE AND SURROUNDING AREA The property is owned by Weierke Trenching and Excavating Company. Over the years they have made a few development requests involving this property. In May 1968 they submitted an application to rezone the property from Agricultural to C-2 Heavy Commercial. That request was denied, but the Town Board, on July 2, 1968, granted a conditional use permit for the existing (then) trenching/excavating business, stipulating that there would be no change in the type of use of the property or the buildings. No conditional use permit file exists and it is unclear whether this request was for this property alone or also included the Weierke property to the east across Dodd Road. In March 1991, Weierke -submitted an application for a comprehensive guide plan amendment and rezoning to NB Neighborhood Business. The amendment request was recommended for denial by the APC at their March 28, 1991 meeting. Subsequently the rezoning issue was moot. Several APC members stated they needed more detailed information on a specific development proposal in order to amend the comprehensive guide plan and rezone the property. The applicant ate,;' Planning Report - Philip and Shirley Larson September 24, 1996 Page 3 withdrew that application on April 1, 1991 indicating that they would work on defining more details. The request was never reviewed by the City Council. U A 0— I 1 This report analyzes the requested amendment in general terms to evaluate the potential impact of a change in land use designation from D-1 (single family 0-3 units/acre) to NB (neighborhood business) on the city's environment, infrastructure, residential land supply, school system, and park and recreation system. The analysis is conducted relative to the various goals and policies adopted by the City of Eagan. The primary questions are 1) what type of development would the proposed NB land use designation allow on this 2.42 acre site; and 2) is the proposed land use amendment consistent with the City's Comprehensive Guide Plan policies. The applicant's proposed development is conceptual in nature and specific development details have not been submitted at this time (e.g. grading, utilities, etc.). Therefore, while it will be referred to conceptually in the evaluation, this report is not intended to evaluate specific development impacts. LARSON PROPOSAL Philip and Shirley Larson plan to develop the 2.42 acre site with a 11,200 st retail center and a 3,500 s.f. convenience/gas station with a 4,800 s.f. canopy. This concept proposal would require approximately 114 parking stalls to be provided on site. The applicants do not have specific businesses identified for development yet and the building sizes and configurations could change. ENVIRONMENTAL IMPACTS The analysis of environmental impacts is an evaluation of the major physical elements and environmental factors that could influence the development potential of the property. The analysis looks at impacts based on the general type of land use (existing and proposed) since we are not evaluating a specific development proposal at this time. Grading/Topography - The site is generally open with relatively level topography. Storm Water Drainage/Water Quality/Wetlands - The site lies within Drainage District L as identified in the City Storm Water Management Plan adopted in 1990 which ultimately drains to Thomas Lake. There is currently no storm sewer in the near vicinity available for connection by development on this parcel. With possible future upgrades of Cliff Road (Dakota County Road 32) and Dodd Road south of Cliff Road, a storm sewer system to accommodate storm water runoff from this site will be constructed. Any storm Sewer constructed with development of this site would be discharged into the ditch south of Cliff Road. The developer will be required to obtain a permit from Dakota County to allow this discharge. Trees/Vegetation - The site is relatively open with few trees or other significant vegetation. Ro Planning Report - Philip and Shirley Larson September 24, 1996 Page 4 Environmental Assessment Worksheet (EAW) - The proposed development does not require an Environmental Assessment Worksheet or Environmental Impact Statement. Summary - Environmental Impacts: Development of this property with neighborhood business uses rather than D-1 single family uses should not have any significant negative impacts on the physical environment. Any development will need to comply with all City requirements regarding grading, the Storm Water/Water Quality Management Plan and the Tree Preservation Ordinance. INFRASTRUCTURE The infrastructure section includes an evaluation of street access and circulation, sanitary sewer and water facilities. Street Access/Circulation - Dodd Road south of Cliff Road is currently a paved rural section roadway and is identified in the City Captial Improvement Program (CIP) for upgrade to a 32 - foot wide urban section street in 1998. Development of this site would necessitate the upgrade of Dodd Road adjacent to this parcel from Cliff Road to its south boundary at time of development. The estimated traffic volumes associated with the proposed land use may require turn lanes and width beyond the 32 -foot width identified in the City CIP. City right-of-way requirements for the future upgrade of Dodd Road will be determined at the time the parcel is platted. The parcel currently takes access onto Dodd Road through one entrance. The location of access onto Dodd Road will need to be reviewed at time of development so as to minimize conflict with the Dodd/Cliff Road intersection. Cliff Road in the area of this parcel is also a paved rural section roadway and is identified in the Dakota County CIP for future upgrade but a schedule for the upgrade has not been identified. The parcel currently takes access onto Cliff Road. Since this parcel is adjacent to Dakota County Cliff Road right-of-way, the plat for this development will be reviewed by Dakota County Plat Commission and is subject to the Dakota County contiguous plat ordinance requirements. Dakota County has indicated in preliminary discussions with City staff that this plat would be required to dedicate 60 -feet of half right-of-way along Cliff Road, no access would be allowed onto Cliff Road, and the construction of a rural section right -tum lane from Cliff Road onto Dodd Road may be required. Access to the Dakota Electric substation south of this parcel is currently provided through this site. Continued access to the substation for Dakota Electric will be a requirement of development of this parcel. Traffic Impacts - Based on a miximum allowable density of three units per acre (7 units) associated with D-1 single-family development, 76 daily trips would be generated by development of this site. Using the applicant's conceptual development proposal of 11,200 square feet of retail stores and 3,500 square feet of convenience store with gas pumps, trip generation a gi Planning Report - Philip and Shirley Larson September 24, 1996 Page 5 is estimated to be 3,010 daily trips. In 1995, traffic volumes for Dodd Road in this area were 1,050 daily trips and for Cliff Road were 5,200 daily trips. The improvements to Dodd Road and Cliff Road noted previously would need to be built at the time of development to accommodate the increase in traffic. Sanitary Sewer - Lateral sanitary sewer was previously constructed along the north edge of the parcel. This sanitary sewer could accommodate the proposed change in use. Water Main - Water main was previously constructed along the north and east edges of the site and is readily available for connection by development on this parcel. Summary - Infrastructure: Development of this site would necessitate the upgrade of both Dodd and Cliff Roads in this area to accommodate additional traffic. In addition, this plat would be required to dedicate 60 -feet of half right-of-way along Cliff Road and no access would be allowed onto Cliff Road. Sanitary sewer and water are available to serve this property. COMPREHENSIVE LAND USE IMPACTS This section includes information on the city's residential and commercial land supply. Residential Land Supply - The requested land use change on this 2.42 acre site would result in a reduction of the total supply of D-1 designated land to 4685.5 acres. Currently, D-1 designated land represents 21.8% of the total area of the City. If the requested amendment is approved, the total amount of D-1 land would not change significantly. As such, the requested amendment to the Comprehensive Guide Plan should not have a significant impact on the overall supply of D-1 land or the balance of all land uses within the City. Commercial Land Supply - In 1994 the City conducted a Commercial Land Use Study, including a market analysis of commercial property in the City. The study concluded that the City is fairly well served by existing neighborhood commercial nodes and recommended that additional nodes should only be created where a gap in service areas exists. The service area for neighborhood commercial nodes is considered to be a one mile radius, however, major roadways create barriers that can alter the service area. Existing neighborhood commercial nodes and their service areas are shown in the attachments. The southeast corner of Eagan does not fall within any existing neighborhood commercial service area. Consequently, the development of a neighborhood commercial node in this area may be warranted. In addition, the Commercial Land Use Study Working Policies state that neighborhood commercial nodes should be located next to minor arterials or community collectors. Cliff Road is classified as a minor arterial and Dodd Road as a neighborhood collector. Planning Report - Philip and Shirley Larson September 24, 1996 Page 6 While the Commercial Land Use Study indicates that the overall acreage of land developed or guided for commercial uses is ample, adding 2.42 additional acres would not significantly increase the amount of commercial land in the City. Summary - Comprehensive Land Use Impacts: The requested land use change from D-1 to NB should not have any negative impacts on the overall land use balance in the City. SCHOOL SYSTEM The nearest school to this site is Red Pines Elementary, located south of Cliff Road and west of TH 3 in the Weston Hills subdivision. The proposed development of a neighborhood commercial node should not have any negative impacts on enrollment or capacity at the school. The subject site is far enough from the school that any traffic generated by the commercial development should not impact the school. PARKS AND RECREATION SYSTEM The city's current Park System Plan, updated in 1995, designates this site as part of service area 36E. Existing parks in the immediate area include Holz Farm Park, South Oaks Park and Lebanon Hills Regional Park. The Park Plan identifies two potential parks in this service area, both would be located east of TH 3. One would create a trail connection to Lebanon Hills Regional Park. Summary - Parks and Recreation System: The proposed neighborhood commercial development should not have any negative impacts on the existing or proposed park and trail facilities in the area. In evaluating this proposal, the following items should be considered: GENERAL CONSIDERATIONS Philip and Shirley Larson are requesting approval of a Comprehensive Guide Plan Amendment from D-1 (single family, 0-3 units per acre) to NB (neighborhood business) to allow construction of a retail center and convenience/gas station on this 2.42 acre site located at the SW intersection of Cliff Road and Dodd Road in the NW 1/4 of Section 36. The Larson's are proposing to construct a 11,200 retail center and 3,500 s.f. convenience/gas station with a 4,800 s.f. canopy. Based on the proposed concept, approximately 114 parking stalls would need to be provided on site. a3� Planning Report - Philip and Shirley Larson September 24, 1996 Page 7 ► This property appears to have been zoned Agricultural since 1959; the earliest city zoning map existing on record. Two previous requests to rezone the property, to C-2 Heavy Commercial (1968) and NB Neighborhood Business (1991) were denied. ► The property appears to have retained the D -I land use designation since the first comprehensive guide plan was created in 1974. ENVIRONMENTAL IMPACTS ► The proposed NB (Neighborhood Business) land use designation should not have any negative impacts on the physical features of this site. Any development will need to comply with all City requirements regarding grading, storm water and water quality management and tree preservation. INFRASTRUCTURE ► The site is subject to the Dakota County contiguous plat ordinance requriements and the proposed access to this site from Cliff Road will be reviewed by the Dakota County Plat Commission. ► Anticipated traffic from the proposed neighborhood commercial development would be 3,010. ► Development of this site would necessitate the upgrade of Dodd Road adjacent to this parcel beyond the improvements identified in the City CIP, and may require a right turn lane from Cliff onto Dodd Road. ► Both sanitary sewer and water are available to serve this site. COMPREHENSIVE LAND USE IMPACTS ► The proposed land use change will not significantly increase the amount of commercial land in the city nor decrease the amount of single family residential land. This change will not have a significant impact on the housing balance or overall land use balance in the City. ► Existing land uses in the vicinity consist of low density single family and commercial/agricultural uses. SCHOOL SYSTEM ► The proposed land use change to allow neighborhood business development will not have any negative impacts on enrollment or capacity at area schools. X33 Planning Report - Philip and Shirley Larson September 24, 1996 Page 8 PARKS SYSTEM The proposed neighborhood business development will not have any negative impacts on the existing or proposed park and trail facilities in the area. To recommend approval or denial of a Comprehensive Guide Plan Amendment changing the land use designation from D-1 (single family, 0-3 units/acre) to NB (neighborhood business), for approximately 2.42 acres located at the SW intersection of Cliff Road and Dodd Road in the NW 1/4 of Section 36. 0 i:W4011+ sok11�:1r r no r)mnrehensivP [II -k hr1P P n omprenensive Plan Ma �IIIIL'�'r =111111 r MEN t ryi -,►am %i� ■►/�a1.� �: -� -► tl �*�T�Gi-� tel►; �..� L!.7.� �� 11 ISO , SOME PAM 1���� � X111 ��► � # :%'C•''/_.,;a 1■ vuede Pian C D -I RinnlP Family P,=Qiris rrT CA in 1 � ■ � .may C �2INp --mus 3 .aurreni Loning 4 (AnriniiltiirP) FIGURE 1 DRAFT WORKING PLAN Neighborhood Commercial Nod7s Service Areas (1 -mile radius P9 SUBJECT SITE EXISTING NEIGHBORHOOD COMMERCIAL NODES tr ____—_ --1 Id -57 AZI V T J Agenda Information Item December 16, 1996 Eagan City Council Meeting G. REZONING, PRELIMINARY SUBDIVISION & VARIANCE - GARDENWOOD PONDS 3RD ADDITION ACTIONS TO BE CONSIDERED: ► To approve or deny a Rezoning of 1.52 acres from PD R-1 (Planned Development - Single Family) to R-1 (Single Family); ► To approve or deny a Preliminary Subdivision consisting of 15 lots on 18.56 acres and a Variance of 200' to allow a 700' cul de sac, located north of Northview Park Road, west of Trotters Ridge and southwest of Bald Lake in the NE 1/4 of Section 23. FACTS: ► The concept of the trail through Wandering Walk Park was established when the Eagan Hills Farms Planned Development was reozoned and subdivided into the Bridle Ridge and Hills of Stonebridge Additions. It has since been identified on the City of Eagan Comprehensive Park System Plan. ► Parkland dedication was made when the Gardenwood Ponds First Addition was approved in 1993. The location of the dedication is along Northview Park Road and along the south shore of Bald Lake. These locations were designated in order to complete the trail as proposed. ► The Advisory Planning Commission held a public hearing regarding this matter at its November 26, 1996 regular meeting. The APC recommended approval of the Rezoning, and Prelimianry Subdivision. ISSUES: Several neighbors from Trotters Ridge (the street immediately to the east of the proposed development) attended the Advisory Planning Commission and were opposed to the wood chip trail that is planned to be installed through Wandering Walk Park connecting from Northview Park Road to Bald Lake and to the existing bituminous trail west of Elrene Road. The neighbors questioned the need for the trail and they expressed concerns about crime, vandelism and loitering that the trail may bring to the backs of not only their existing homes, but to the proposed homes in the Gardenwood Ponds 3rd Addition. ,AD ► Bill Nyman, a resident who lives on the corner of Trotters Ridge Road and Northview Park Road, expressed concerns about the amount of tree removal along the north side of Northview Park Road west through the park property and into this phase of development. There is a 25' deep sanitary sewer that will require a 2:1 slope easement. This easement will encroach into trees located in the park property. The developer has agreed to minimize the construction of the sanitary sewer connection, however the 55' - 60' easement is still required for the maintenance of the sewer line. ATTACHMENTS: (3) APC minute - pages�O-.thru CW Staff Report - pageru / Letter from Doug & Stacy Fuller - pages�Aathn>;V � Page 19 November 25, 1996 ADVISORY PLANNING COX,%IISSION REZONING & PRELM NARY SUBDIVISION D.R. HORTON, INC. Chairman Miller opened the next public hearing of the evening regarding a Rezoning of Outlots C and D of Bridle Ridge 2nd Addition consisting of 1.5 acres from PD (Planned Development) to R-1 (Single Family) and a Preliminary Subdivision (Gardenwood Ponds 3rd Addition) consisting of approximately 18.56 acres and 15 single family lots located north of Northview Park Road, west of Trotters Ridge and southwest of Balk Lake in the NE'/4 of Section 23. Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staffs planning report dated November 20, 1996. Ms. Tyree noted the background and history, the surrounding uses and the existing conditions of the subject property. Don Patton, a representative of the applicant, advised that the applicant has only one objection to the report and recommended conditions. Mr. Patton stated that the applicant objects to Condition No. 5 because there are currently survey disputes. A resident of 845 Trotters Ridge expressed concern only regarding the parkland surrounding her residential area. She opposed the proposed trailway through the parkland, reasoning that the path will give access to the lake by the public behind the residents homes. A resident of Lot 1 in Trotters Ridge expressed concern that the sanitary sewer installation will cause too much disturbance and tree loss through the subject site. The resident inquired as to why the sewer cannot be run through the street instead of the property in an effort to save more trees. Design Engineer John Gorder stated that the City Forester advised that the tree impact on the parkland as a result of the installation of the sanitary sewer is insignificant and that the long-term plan has been to extend the sanitary sewer to the west through the property. Another resident expressed concern about the proposed trailway being a bituminous surface. A resident of 853 Trotters Ridge stated that allowing Outlot C and D to be part of the other parcel only allows an increase of houses in the development. In response to Member Heyl's inquiry, Planner Tyree advised that Outlots C and D have never been owned by the City and have never been zoned as Park or Public Facility. In response to Member Segal's inquiry, Ms. Tyree advised that the trail through the parkland has always been planned, although the specific location of the trail within the area was not delineated. Chairman Miller stated that the purpose of parkland is for public use and that it is unfortunate that residents adjacent to the parkland should feel that members of the public should not be able to use the public parkland. a�� Page 20 November 25, 1996 ADVISORY PLANNING CONMSSION Member Heyl stated that the proposed rezoning is consistent and compatible with the surrounding area and the proposed preliminary subdivision is not different from the prior preliminary subdivision approved by Council except cleaning up the parcel ownership problems and incorporating Outlots C and D to the plat. Member Heyl moved, Member Segal seconded, a motion to recommend approval of a Rezoning of Outlots C and D of Bridle Ridge 2nd Addition consisting of 1.5 acres from PD (Planned Development) to R-1 (Single Family). All approved in favor. Member Heyl moved, Member Frank seconded, a motion to recommend approval of a Preliminary Subdivision (Gardenwood Ponds 3rd Addition) consisting of approximately 18.56 acres and 15 single family lots located north of Northview Park Road, west of Trotters Ridge and southwest of Balk Lake in the NEV4 of Section 23, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, E1, F1, G1, and, H1 2. The developer shall plat the property. Grading 3. All slopes shall be constructed to a grade of 3:1 or gentler or retaining walls constructed to achieve slopes of 3:1 or gentler in all omaintainedo areas. 4. The final grading plan shall depict the existing grades surrounding Pond JP -20.1. Easements/Riaht of Wav/Permits 5. Public right-of-way shall be dedicated along NordMew Park Road to a minimum of 20 feet north of the existing north curbline of Northview Park Road to accommodate the proposed trail. aq3 Page 21 November 25, 1996 ADVISORY PLANNING COb IISSION Parks and Recreation 6. The development shall provide a parkland dedication for the area in which the trail is to be located. The balance of the park dedication obligation shall be made by a cash parks dedication and a cash trails dedication. 7. The developer shall provide the City with a Right of Entry to allow for the construction for the trail. Tree Preservation 8. To require the Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting be installed at the Drip Line or at the perimeter of Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. To require that the developer contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. All approved in favor. dq � PLANNING REPORT CITY OF EAGAN REPORT DATE: November 20, 1996 CASE: 23 -PP -20-9-96 23-RZ-19-9-96 APPLICANT: Joe Miller Homes, A D.R. Horton Co.HEARING DATE: November 26, 1996 PROPERTY OWNER: D.R Horton PREPARED BY: Shannon Tyree REQUEST: Rezoning, Preliminary Subdivision, & Variance (Gardenwood Ponds 3rd Addition) LOCATION: Gardenwood Ponds Addition, north of Northview Park Road, west of Trotters Ridge, and southwest of Bald Lake. COMPREHENSIVE PLAN: D -I single family (0-3 units/acre) ZONING: R-1 Single Family & PD - R-1 Planned Development Single Family SUMMARY OF REQUEST Joe Miller Homes, a D.R. Horton Co., is requesting a Rezoning of approximately 1.5 acres from PD - RI Planned Development Single Family (outlots C & D Bridle Ridge 2nd Addition) to R-1 Single Family and a Preliminary Subdivision consisting of 15 lots on 18.56 acres and a Variance to allow a 700' cul-de-sac located north of Northview Park Road, west of Trotters Ridge and southwest of Bald Lake in the NE 1/4 of Section 23. 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. a�� Planning Report - Gardenwood Ponds 3rd Addition November 26, 1996 Page 2 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. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY Rezoning - Bridle Ridge 2nd Addition, zoned PD R-1, Planned Development Single Family, was subdivided in 1988 and was part of the Eagan Hills Farm Planned Development. The current proposal includes Outlots C & D, Bridle Ridge 2nd Addition (1.52 acres). Because the applicant is proposing both outlots to be part of the Gardenwood Ponds 3rd Addition, which is not in a Planned Development, it is appropriate to rezone the outlots to the R-1 zoning designation at this time. Subdivision - The overall 91 acre Gardenwood Ponds Addition subdivision received approval in 1993; a reapproval was granted in 1994, and an extension to the reapproval was granted in 1995. Rather than develop all of the lots at one time, the developer chose to develop the project in phases. The first addition (37 lots) began construction in 1995. The second addition (40 lots) received final subdivision approval this October. a�� Planning Report - Gardenwood Ponds 3rd Addition November 26, 1996 Page 3 SURROUNDING USE The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single family homes; zoned R-1; guided D -I. South - Northview Middle school & single family homes; zoned R-1, guided D -I. East - Wandering Walk Park and single family homes; zoned R-1, guided D -I. West - Vacant; zoned R-1 single family homes; guided D -I. EXISTING CONDITION The area was previously graded and restored. The site is basically without any significant feature. The easternmost portion of the subdivision contains two small ponds. Surrounding the ponds are mature trees and undergrowth. EVALUATION OF RE UE T A. Rezoning Bridle Ridge 2nd Addition, zoned PD -R-1, Planned Development Single Family, was subdivided in 1988 and was part of the Eagan Hills Farm Planned Development. The current phase of Gardenwood includes Outlots C & D, Bridle Ridge 2nd Addition (1.5 acres). The developer is requesting the rezoning to R-1 now that Outlots C & D are being incorporated into the Gardenwood Pond 3rd Addition which is not part of a Planned Development. B. Preliminary Subdivision Densi - The overall density for the project is .81 units per acre. Lots - The lots range in size from 14,841s.f. to 94,233s.f. The average lot size is 50,953 s.f. All lots exceed the 12,000 s.f. minimum lot size and 85' minimum lot width requirements. Setbacks - All minimum building setback requirements can be accommodated reasonably on the proposed lots. wee Preservation - The tree preservation plan is acceptable. The plan, as submitted, indicates that site preparation and grading will result in the removal of a total of 43 trees being removed or 18.3% of the total. No tree replacement is required. Utilizing custom grading and custom designing on Lots 3 through 6 could potentially prevent the loss of 24 trees. This would result in a more natural edge appearance of the larger preserved area in the rear of these lots, as opposed to the straight line cleared appearance proposed on the current plan. a q � Planning Report - Gardenwood Ponds 3rd Addition November 26, 1996 Page 4 The developer should follow the Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting be installed at the Drip Line or at the perimeter of Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. Additionally, the developer should contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Gradin etlands - The preliminary grading plan with modifications is acceptable. The grading plan submitted revises the grading plan constructed under the original Gardenwood Ponds Addition. Some slopes depicted on the preliminary grading plan are in excess of 3:1 in "maintained" areas. These slopes should be constructed to a grade of 3:1 or gentler or the construction of retaining walls to achieve slopes of 3:1 or gentler in all "maintained" areas. The grades for existing Pond JP -20.1 adjacent to the southwest corner of the site are not shown on the preliminary grading plan. The final grading plan should depict the existing grades surrounding Pond JP -20.1. There are no jurisdictional wetlands within the proposed development parcel. Storm Drainage/Water Duality - The preliminary storm drainage plan is acceptable. Storm water runoff for the development will drain via storm sewer to Pond JP -20.4, a storm water basin constructed with grading of the original Gardenwood Ponds Addition. Pond JP -20.4 will drain through storm sewer to Bald Lake, classified as an Indirect Contact water body, northeast of the development. This drainage is consistent with the preliminary storm drainage plan submitted with the original Gardenwood Ponds Addition. The proposed development will result in the addition of three single family residential lots to the Gardenwood Pond subdivision. The area affected is already served by a detention basin designed to treat runoff from this portion of the subdivision prior to discharge to Bald Lake. The detention basin was sized assuming these outlots would be developed as residential lots in the future. Thus, no additional water quality mitigation is required. Utilities - The preliminary utility plan is acceptable and is consistent with the preliminary utility plan approved with the preliminary Gardenwood Ponds Addition. Sanitary sewer and water main of sufficient size, depth, and capacity are planned to be constructed to the west edge of this site with future phases of the original Gardenwood Ponds Addition and will be available for connection by this development at time of final subdivision. Streets/Access/Circulation - The preliminary street plan is basically consistent with the plan previously approved preliminarily with the Gardenwood Ponds Addition. The developer is proposing to construct a 700 -foot long cul-de-sac to serve this portion of the development versus the 500 -foot long cul-de-sac previously planned. The cul-de-sac as proposed is a 200' variance to the Code maximum of 500'. This cul-de-sac will connect to the local residential street, Big Timber Trail, to be constructed with future phases of the original Gardenwood Ponds Addition. a�L Planning Report - Gardenwood Ponds 3rd Addition November 26, 1996 Page 5 Easement "/P The developer should dedicate sufficient public right-of-way along Northview Park Road to accommodate the proposed trail to be constructed as a future public improvement project. The right-of-way should be dedicated to a minimum of 20 feet north of the existing north curbline of Northview Park Road to accommodate the proposed trail section. Parks and Recreation - The Advisory Parks, Recreation, and Natural Resources Commission recommended approval of the development with the following park dedication requirements: The developer shall be responsible for a parkland dedication for the area in which the proposed trail connection is to be located. The balance of the development is responsible for a cash parks dedication and a cash trails dedication. The developer has also agreed to provide the City with a Right of Entry to allow for the construction of the trail, so the trail may be constructed in the spring of 1997. Compatibility with surrounding area - The area surrounding this parcel is zoned and guided, specifically for single family development and has developed as such. The proposed single family development is consistent with the surrounding area. SUMMARY/CONCLIUEILDN The proposed rezoning and preliminary subdivision are consistent with the Comprehensive Guide Plan designation of D -I (single family 0-3 u/ac) identified for this area. The preliminary subdivision is consistent with the overall Gardenwood Ponds development approved in 1993 and meets or exceeds all zoning and subdivision regulations. ACTIONS TO BE CONSIDERED A. To recommend approval or denial of the Rezoning of 1.5 acres from.PD-R-1 Planned Development Single Family to R-1 Single Family and; B. To recommend approval or denial of the proposed Preliminary Subdivision of 15 lots on 18.56 acres including a variance to allow a 700' cul de sac for Gardenwood Ponds 3rd Addition. If approval of the plat is recommended it shall be subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl, C2, C3, C4, D1, E1, Fl, GI, and, H1 a�� Planning Report - Gardenwood Ponds 3rd Addition November 26, 1996 Page 6 2. The developer shall plat the property. Grading 3. All slopes shall be constructed to a grade of 3:1 or gentler or retaining walls constructed to achieve slopes of 3:1 or gentler in all "maintained" areas. 4. The final grading plan shall depict the existing grades surrounding Pond JP -20.1. Easements/Right of Way/Permits 5. Public right-of-way shall be dedicated along Northview Park Road to a minimum of 20 feet north of the existing north curbline of Northview Park Road to accommodate the proposed trail. Parks and Recreation 6. The development shall provide a parkland dedication for the area in which the trail is to be located. The balance of the park dedication obligation shall be made by a cash parks dedication and a cash trails dedication. 7. The developer shall provide the City with a Right of Entry to allow for the construction for the trail. Tree Preservation 8. To require the Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting be installed at the Drip Line or at the perimeter of Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. To require that the developer contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. STANDARD. CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Ri hts-of-Wa 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 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. as , 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. Wateruali 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 STANQARMCON -�O City Council September 15, 1987 Revised: July 10 1990 Revised: Februa 2, 1993 FINANCIAL OBLIGATION - Gardenwood Ponds 3rd There are pay-off balances of special assessments totaling $159,680 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None 0 SAY ere IIto] 001'1!:1• x 7.. 0 l win 1111EIRS", IIII' 11, Q 41L:L U: I I • �LIN low ■■■/1/1. nli� ME! ■■■■I Ion .0■1�:j C i NEWS 011111W ZFT Ift R 1 Single Fa PID Planned 00ill !;I• OPEN oning y Reside kvelnnrr* el CC 41 if:1i i - :JR770t►IPTi J R•� miloolei■■■■o■■■■■ L16 A oil /1�.� �i�����■■■■■ vuide Plan Designatic D-1 Sinale Familv Residential (0-; �wmill■■■fago ■■■f■frlrr■ Irvelp C � .r +�C .af■■lff�■ C w � Imw��ri��r' IIrk M. UAa�i� J R•� miloolei■■■■o■■■■■ L16 A oil /1�.� �i�����■■■■■ vuide Plan Designatic D-1 Sinale Familv Residential (0-; "� r •se M nORr► ip _ we r.• wouioaV GK Tlw • 7N� O ilOH 7C0 •....1,.4. SONOd 0 OM BOM �Wi�rE 1tY A&MWIR 1d - cm cm yyI i :� r ����,•!�! ' ; cm cm yyI CO je :r..-A.m. 61,.. t . w Egg I ,� pp v sr g w Cr as L� I t7 arman �tw d ww • 7NI 'Nolaom wo IMP....e !!f wowaov *a a m"Am me av 4WD su - ' , Llr �+++ .',� \ 1 '' �C' +• /tom_\ "i 7 1 1 1 4+" ' �j1 ♦ 1 r � I � 1 L =� `, � motif �Qal►q 1 f I a� loo NOWOOV 25 MAIN I W 'Irc, SONUFaOOMN30 F.M. ma --mi, ME c r "ru INOI1044 oil o ll IIV fi: t 1. CD > L U. LU Z1, -1k IV VI - -------- - - ----- - LTJ Ilk. z :i - Y. -000 1 wil "I y" -_fesNIE, MMf[MrYtO rl �+Ar�w,1�-O.�H�pM `�J~OiP/fNOUXIOV CK 717 C mij—m N'.]IiiO i S�Nltli'JNCaNi .Nw • 7N1 'NO1bOH i!•a SONOd UOOMN3abVJ 2� it Comments Regarding Request for Rezoning, Preliminary Subdivision, & Variance for Gardenwood Ponds 3rd Addition Prepared By: Doug & Stacey Fuller 853 Trotters Ridge Eagan, MN 55123 (612) 456-0168 Date: December 11, 1996 L RE UEST THAT MATTER BE TABLED UNTIL NEXT MEETING We understand that the Council is scheduled to consider the above request at its December 16, 1996 meeting. Unfortunately, we are unable to attend that meeting, as we will be out of the state on that date. Accordingly, we ask that, if possible, this matter be tabled until the January 7, 1997 meeting of the City Council, so that we can attend and present our concerns in person. As owners of the property immediately behind Outlots C&D of Bridle Ridge 2nd Addition, which will be affected by the proposed request, we are very concerned about the proposal and feel it is very important that we be heard on the issue. Although we were heard briefly at the November 26, 1996 meeting of the Advisory Planning Commission, it was not until that meeting that we first learned the specifics of the request, and so we had not yet had an opportunity to fully consider the proposal. Tabling this matter until the next Council meeting will allow us to be heard on this very important matter. Moreover, at the suggestion of some members of the Advisory Planning Commission, we and our neighbors have made plans to discuss some of our concerns (i.e., concerns regarding the proposed trail) with the Parks Commission. A meeting has been scheduled for December 13, 1996. Tabling this matter until the January 7th Council meeting will give everyone sufficient time to follow up on items discussed at the December 13th meeting. II. CONCERNS REGARDING APPLICANT'S PROPOSAL Because postponing consideration of this matter until the next Council meeting may not be possible, we are submitting these written comments, outlining our concerns, for your consideration. Pc;- A. Development of Outlots C&D The outlots are currently part of the Bridle Ridge 2nd Addition, more commonly known as Trotters Ridge. Trotters Ridge has been fully developed for some time now, and accordingly, the reasonable understanding of its residents is that the outlots would remain undeveloped. The Council should respect and enforce that understanding, particularly in light of the fact that the City planned to purchase Outlots C&D itself and leave them wild; the City's plan was hindered only by a lack of funds. As the Council is aware, Trotters Ridge is a planned development, a part of Eagan Hills Farms. According to the Declaration of Covenants, Conditions, Easements and Restrictions for Eagan Hills Farms, ownership of most of the outlots was to be conveyed to the homeowners' association. Unfortunately, the document that we were given when we bought our property only defines which outlots in Bridle Ridge 1 st were to be conveyed. We have as yet been unable to locate the supplementary declaration applicable to Bridle Ridge 2nd (we have called the management company and they are searching for it). It is possible, perhaps likely, that ownership of Outlots C&D was to have been transferred to the Eagan Hills Farms Homeowners' Association, and that the Developer had no right to sell the land for inclusion in another subdivision. Unless and until this potential cloud on the title has been cleared, the Council should reject any plan that involves a transfer or rezoning of Outlots C&D from Bridle Ridge 2nd to Gardenwood Ponds 3rd. Even if there is no ownership issue, the applicant has not presented any valid reason Why Outlots C&D should be zoned out of the planned development of which they are a part, and zoned as part of Gardenwood Ponds 3rd. What is the point of a planned development if the plan is not to be followed? Moreover, in previous appearances before this Council -- in 1993, 1994, and 1995 -- the applicant has been content to develop Gardenwood Ponds 3rd Addition without the rezoning and development of Outlots C&D of Bridle Ridge 2nd. That plan, which forms the basis for a perfectly sound and attractive subdivision, has already been approved, and would make a fine addition to the City of Eagan. In contrast, rezoning the outlots to be part of Gardenwood Ponds will mean the destruction of several dozen trees. That action will adversely affect Trotters Ridge by changing our visual line of sight and thereby detracting from our view, and by destroyting the natural habitat of the deer, coyote, and other wildlife that make Trotters Ridge such a pleasant place to live. Trotters Ridge will not be the only property that is adversely affected in this way -- Gardenwood Ponds and the City of Eagan park land will be similarly harmed. We believe that this is too high a price to pay just so that the developer can squeeze in a few more houses and make a few more dollars. Finally, if the Council is inclined to approve the current plan despite the concerns outlined above, we ask that it at least condition its approval on the use of custom grading and designing on Lots 3 through 6. According to the Planning Report, such a measure could reduce the number of trees removed from 43 to 24, resulting in a more natural edge appearance. While we would prefer that no trees be cut down, 24 is certainly better than 43, and a more natural edge would be more attractive than the proposed straight line clearance. g�3 B. Construction of Trail The proposed trail is inappropriate, unnecessary, and poses a significant threat to public safety. Parks serve many purposes. For example, some are designed for recreational activity, while others provide necessary green space and wildlife habitat. This park currently serves the latter purpose, helping to create an aesthetically pleasing environment that attracts residents to Eagan. Public access and recreational use is inappropriate for this unique park, consisting of a relatively thin strip of land surrounded on all sides by private residences, and located very close to the high school. There are two chief concerns: 1) high school students will be attracted by the trail and will use the park as a place to engage in illicit activities (e.g., smoking, drinking, drugs, and sex; note the cigarette butts, condoms and other litter found in the wooded area immediately adjacent to the high school -- a park with easy access by trail would be an even more attractive location); 2) breaking and entries into the residences bordering the trail (some houses along Trotters Ridge have already been broken into through the woods -- a trail would facilitate and increase in such criminal activity). Under these circumstances, public safety should take precedence over public access. Even if the Council decides that the need for public access outweights these genuine public safety concerns, a trail is not necessary. There is already a natural trail, a deer path, making a manmade trail both unnecessary and a waste of limited public resources. Finally, if the Council determines that a manmade trail is warranted, the plan currently before the Council places Gardenwood Ponds residences closer to the trail than does the plan previously approved for that subdivision. The greater buffer between the trail and the adjacent lots under the previously approved plan would lessen the public safety concerns identified above. Accordingly, although we oppose construction of a trail, if the Council decides that the trail should be built, it should still reject the newly proposed plan in favor of the previously approved plan. CONCLUSION The applicant has shown no valid reason, let alone a compelling one, why it should be allowed to abandon the existing plan for Gardenwood Ponds. Gardenwood Ponds, as already approved, and Trotters Ridge/Bride Ridge 2nd, are sound, attractive developments. But if Outlots C&D are removed from Trotters Ridge to be developed as part of Gardenwood Ponds, and a trail is built through the park land, both subdivisions, and the park, will be adversely affected. Outlots C&D, in their natural, undeveloped state, provide much needed green space. Not only do the trees comprise a scenic vista, they also constitute the natural habitat of deer and other wildlife. The wooded area enhances the quality of life in Eagan, and destruction of a significant part of them will detract from the quality of both subdivisions and the park. Accordingly, we ask that the Council reject the proposal and leave the areas it is. Alternatively, if the Council is not so inclined, we ask that the Council at least condition approval of the request on use of custom grading and design of Lots 3 through 6. Thank you for your consideration. Dated: 12/11/96 DouglIWs A. Fuller Stacey M. ler Agenda Information Memo December 16, 1996 H. ADOPT COMPREHENSIVE GUIDE PLAN MAP ACTION TO BE CONSIDERED: ➢ To approve a reprint of the March 1993 Comprehensive Land Use Plan Map, including the changes enumerated in Exhibits A and B subject to Metropolitan Council review updating this map to December 1996. FACTS: ➢ The Community Development Department has prepared an update to the Comprehensive Plan Land Use Map for reprinting. The existing published map is dated March 1993 and is current only through that date. ➢ The proposed map includes all Comprehensive Plan amendments approved by the City Council since the last publication date, errors and omissions identified in the previously published map and recent park -land additions not previously reguided. The map is created on the geographic information system and from this point forward will be republished on an annual basis. The Advisory Planning Commission conducted a hearing on the proposed map at the November 25 regular meeting and recommended approval of the Comprehensive Land Use Guide Plan Map. ➢ As with all comprehensive guide plan changes this map revision is subject to the Metropolitan Council review prior to placing it into effect. ATTACHMENTS: Minutes of 11/25/96 APC meeting, Pag �! . �� APC Planning Report dated 11/21/96, Page through Comprehensive Plan Map dated 11/14/96 (Under separate cover) a�� Page 22 November 25, 1996�1� G ADVISORY PLANNING CON4IMISSION _ V V ADOPT COMPREHENSIVE GUIDE PLAN MAP CITY OF EAGAN Chairman Miller opened the next public hearing of the evening regarding adoption of the revised Comprehensive Guide Plan Map including changes approved by the City Council since the last map publication dated March, 1993, administrative changes and corrections of errors in the previously published map. Planner Freese introduced this item noting that the revised Guide Plan Map is simply a housekeeping task. Ms. Freese noted that several of the public properties which have been acquired since the previous publication are being changed as a part of this Map update and this is the reason for the public hearing requirement. No persons from the public were present for comment. Chairman Miller moved, Member Heyl seconded, a motion to recommend adoption of the revised Comprehensive Guide Plan Map including changes approved by the City Council since the last map publication dated March, 1993, administrative changes and corrections of errors in the previously published map. All approved in favor. a G� PLANNING REPORT CITY OF EAGAN REPORT DATE: November 21, 1996 APPLICANT: City of Eagan PROPERTY OWNER: See Exhibit A & B CASE #: 1 -36 -CG -13-11-96 HEARING DATE: November 26, 1996 PREPARED BY: Lisa J. Freese REQUEST: City wide Comprehensive Guide Plan Map Update LOCATION: City-wide COMPREHENSIVE PLAN: See map ZONING: Not Applicable SUMMARY OF REQUEST The City of Eagan is updating its published Comprehensive Guide Plan Map. The proposed map included in the Advisory Planning Commission packet incorporates all Comprehensive Plan amendments approved by the City Council since the last map publication dated March 1993. In addition, the proposed map includes errors and omissions identified in that previously published map as well as recent park additions not reguided when acquired by the City. AUTHORITY FOR REVIEW The city s Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city s Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts that promote the general health, safety and welfare of the city. BACKGROUNDMISTORY The last map update was published in March 1993. Exhibit A lists 24 properties that were either incorrectly referenced or acquired by the City for public use since publication of the last Comprehensive Guide Plan map. These properties will be reguided to P, Parks or PF, Public Facilities. Exhibit B lists the 19 properties that amendments have been approved for since 1991. The City Council is scheduled to approve this map by the end of the year. If any additional Comprehensive Plan amendments are approved prior to Council action on the updated map, they will be incorporated in the final published map. Just as the Zoning Map updated earlier this year, this map is created in a Geographic Information System computer program and this will facilitate more frequent updates. Planning Report Comprehensive Guide Plan Map November 21, 1996 ACTION TO BE CONSIDERED Page 2 To recommend approval or denial of the publication of the City of Eagan Comprehensive Guide Plan map incorporating changes noted in Exhibits A & B and all amendments approved by the City prior to December 31, 1996. at a Comprehensive Guide Plan Administrative Edits Old Plan New Plan Taxpin Owner Name D -II PF 100240001 CITY OF EAGAN IND PF 108380304 CITY OF EAGAN D -I P 105750001 CITY OF EAGAN D -I P 105750001 CITY OF EAGAN D -I P 105750302 CITY OF EAGAN D -I P 105750301 CITY OF EAGAN D -I P 105750301 CITY OF EAGAN D -I P 105750303 CITY OF EAGAN CA PF 107995001 CITY OF EAGAN NB PF 100240001 CITY OF EAGAN D -I P 108435309 CITY OF EAGAN 0-I P 108355003 CITY OF EAGAN D-1 P 107610002 CITY OF EAGAN D-11 P 104727510 CITY OF EAGAN D -II P 104727502 CITY OF EAGAN D -II P 100360002 CITY OF EAGAN D -I P 101438502 CITY OF EAGAN D-11 PF 100250002 NORTHERN STATES POWER CO ROW P RIGHT-OF-WAY ROW P RIGHT-OF-WAY D -I P 100140002 ROBERT L & TERESA M MCLEAN ado EXHIBIT B Comprehensive Guide Plan Changes Since February 1993 Application # Name Section Acres Old Plan New Plan 32 -CG -2-3-93 Total Petroluem NW 1/4 32 RB CSC 36 -CG -4-4-94 Raymond Connelly SW 1/4 23 7.93 D -I NB 36 -CG -6-6-94 Independent School Dist. #196 SE 1/4 36 13.97 D -I PF 20 -CG -8-11-94 Leibel Addition NW 1/4 20 LB D -I 12 -CG -9-11-94 City of Eagan NW 1/2 12 D -II NB, RR 17 -CG -10-12-94 Blackhawk Forest E '/2 17 38 LB, D -I11 D -I 29 -CG -1-1-95 Mallard Park 4th Addition NE 1/4 29 D -IV, D -III D -I 19 -CG -2-2-95 Eagan Heights Townhomes SW 1/4 19 30.28 CPD D -III City of Eagan Central Area Land Use Study 9, 10, 15, 16 CA 32 -CG -5-3-95 Oakpointe of Eagan NW 1/4 32 LB D -II 28 -CG -6-5-95 Easter Lutheran Church SW 1/4 28 D -I PF 36 -CG -7-7-95 Halley's Addition SE 1/4 36 20 D -I IND 2 -CG -2-2-96 City of Eagan N1/2 2 235 CPD BP 17 -CG -3-3-96 Blackhawk Acres 4th Addition SE 1/4 17 D -III D -I 2 -CG -4-4-96 McKee Additon SW 1/4 2 40 IND D-1 25 -CG -5-6-96 Woodcrest Church SE 1/4 25 12.29 D -I PF 20 -CG -7-6-96 Daughters of Penelope SE 1/4 20 RB D -IV a'i I �w 3830 Pilot Knob Road Eagan, Mn 55122-1897 (612) 681-4600 City of Eagan � Ob�fa36 Hauler Licensing Application I, HI hereby make application for a Refuse/Recycling license fo r the year Owner: J_ (L �i 1 � S G �%0 G U Foo_yVia -I Name Address City State Zip Telephone Business Name: JA6 (t, �9,S �2a- Name Address 3 R 3 3 ozp t `recti. a � City State Zip Telephone Municipalities where presently licensed: LICENSE TYPE: (check all that apply) Residential Dwelling* Required for haulers serving single family detached, duplex and four-plex units. Recycling and compost vehicles may be included in the residential rate, if operated by a single company. Q✓State, county, and city mandates require residential recycling opportunities be provided. Additional requirements outlined in Hauling Ordinance as attached. 9Multiple Dwelling/Commercial* &PRequired for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. State, county, and city mandates require residential opportunities be provided for multi -family units. ,;;,Permits/encourages, but does not require commercial recycling. ,;PConstruction/demolition debris vehicles may be included in multiple dwelling/commercial if operated by a single company. Additional requirements outlined in Hauling Ordinance as attached. ©Residential Recycling Required for haulers performing residential recycling only for single family, duplex, four-plex and multi- family residential. IPApplicable to independent firms, subcontractors, and licensed haulers. GConstruction/Demolition Debris &PRequired for haulers or contractors using containers greater than four cubic yards. IPAdditional requirements outlined in Hauling Ordinance as attached. FEES: $50 for first vehicle/$25 each additional vehicle. @ $50 + @ $25 = TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: — 01_ . MUST PROVIDE: Motor Vehicle Insurance Date of Expiration Worker's Comp. Insurance Date of Expiration Rate Schedule *It is not the city's intent to add additional fees onto the license to provide for recycling and construction/demolition licensing, provided that the a corresponding residential or commercial license is obtained. 11-22-96 09:23AM FROM CITY OF EAJAN TO 96441272 3830 Pilot Knob Road Eagan, Mn 55122-1897 (612)681-4600 City of Kagan Halder Licensing Application P002/002 I 3« -/ie bereby make application for a ReefusefReeeyeling license for the year LG - y .5 N,rw gd %1 11/ Aadssia it City State Zip Telephone Business Name: Le. 90t,62-1 k J!4 c " Name y►� h ddres,p t (k/�) o City _ •�S•tattee Zip Telephone Municipalities where presently licensed: �, tai µ / LICENSE TYPE: (check all that apply) Olkesidential Dwelling* APRequired for haulers serving single family detached, duplex and four-plex units. 4PRecycling and compost vehicles may be included in the residential rate, if operated by a single company. State, county, and city mandates require residential recycling opportunities be provided. &PAdditional requirements outlined in Hauling Ordinance as attached. OMultiple Dwelling/Commercisl• jORequired for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. State, county, and city mandates require residential opportunities be provided for multi -family units. 4OPermits/encourages, but does not require commercial recycling. dConstructiorddemolition debris vehicles may be included in multiple dwelling/commercial if operated by a single company. Additional requirements outlined in Hauling Ordinance as attached. 11DResidential Recycling &PRequired for haulers performing residential recycling only for single family, duplex, four-plex and multi- family residential. QApplicable to independent firms, subcontractors, and licensed haulers. GConstruction/lllemelitian Debris APRequired for haulers or contractors using containers greater than four cubic yards. 4PAdditional requirements outlined in hauling Ordinance as attached. FEES: $50 for first vehicle/$25 each additional vehicle. _ Qa $SU + Qa $25 M±La—_. TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: MUST PROVIDE: Motor Vehicle insurance Date of Expiration Worker's Comp. Insurance Date of Expiration Ratc Schedule "It is not the city's intent to add additional fees onto the license to provide for recycling and coastruction/demolition licensing, provided that the a corresponding residential or commercial license is obtained. 3830 Pilot Knob Road Eagan, Mn 55122-1897 (612) 681-4600 City of Eagan Hauler Licensing Application c� I Iv hereby make application for a Refuse/Recycling license for the year 1 Owner: GW, -• ()1LL1L i E� %5 %,%A All, Name Address Lin City State Zip Telephone Business Name: bN o , �LL z4 Z .�-� �. 13� 4"' ST P. V I w ,Name Address City State Zip Telephone Municipalities where presently licensed: -Z T --L y W i: -Z- ri C Ar L _ bw, P JCS R�S� /„ b%A r l NA erk S S�. si Q�.w� OA(,�rk; W. �6�,x� Iy1UTfWit, 0,.0s'N'.t)LWp0, 'f S LICENSE TYPE: (check all that apply) OResidential Dwelling* APRequired for haulers serving single family detached, duplex and four-plex units. &PRecycling and compost vehicles may be included in the residential rate, if operated by a single company. +State, county, and city mandates require residential recycling opportunities be provided. 4PAdditional requirements outlined in Hauling Ordinance as attached. @Multiple Dwelling/Commercial' APRequired for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. State, county, and city mandates require residential opportunities be provided for multi -family units. 46+Permits/encourages, but does not require commercial recycling. APConstruction/demolition debris vehicles may be included in multiple dwelling/commercial if operated by a single company. APAdditional requirements outlined in Hauling Ordinance as attached. ®Residential Recycling APRequired for haulers performing residential recycling only for single family, duplex, four-plex and multi- family residential. Applicable to independent firms, subcontractors, and licensed haulers. OConstruction/Demolition Debris APRequired for haulers or contractors using containers greater than four cubic yards. 4PAdditional requirements outlined in Hauling Ordinance as attached. FEES: $50 for first vehicle/$25 each additional vehicle. �_ @$50+ @$25= / 0 TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: MUST PROVIDE: Motor Vehicle Insurance Date of Expiration Worker's Comp. Insurance Date of Expiration Rate Schedule •It is not the city's intent to add additional fees onto the license to provide for recycling and construction/demolition licensing, provided that the a corresponding residential or commercial license is obtained. r x 51 Li F, W:E IIV hkMi-,lo,J W i k pr SF_N7 01R&Ts I -T you p. OFF1C�