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03/19/1996 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING LARCH 19, 1996 6:30 P.M. I. ROLL CALL i PLEDGE OF ALLEGIANCE II. ADOPT AGENDA i APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT BEAD BUSINESS (BLUE) V. CONSENT AGENDA (PINK) A. PERSONNEL ITEMS BRETIREMENT OF Police K-9 C.. ' PROCLAMATION, Burnsville/Eagan Public Access Volunteer Appreciation Day, (p March 22, 1996 g D. DECLARE VACANCY, Shcid Waste Abatement Commission Hauler Representative E. FINDINGS OF FACT, Conclusions and Resolution on Denial of a Conditional �! �� Use Permit for Hi -Lex Corporation A, F. PROJECT 705, Authorize Feasibility Report, Wescott Road Resurfacing G. PROJECT 706, Authorize Feasibility Report, Wilderness Run Road Resurfacing H. PROJECT 707, Authorize Feasibility Report, T.H. 149 and Lone Oak Parkway Signal •�1 I. PROJECT 615R, Receive Feasibility Report, Schedule Public Hearing, Meadowview Road Streets and Storm Sewer �$ J. PROJECT` 664, Receive Final Assessment Roll, Schedule Public hearing, Wescott Square Street Reconstruction ® •�C! K. PROJECT 643R, Receive Final Assessment Roll, Schedule Public Hearing, Oslund Timberline Addition Street Reconstruction ;IL. PARK NAMING, Lexington-Diffley Athletic Site and Park adjacent to Red Pine • Elementary School M. RESOLUTION, Application for One -Day Off -Site Gambling, Children's Program ` of Northern Ireland at Cray Research RECOMMENDATION, Airport Relations Commission, Evaluation of Noise Abatement Departure Profiles 0. INDEMNIFICATIeN AGREEMENT, Access to O'Neil Property rl"P. PROJECT 709, Receive Petition, Authorize Feasibility Report, Kennebec 7 Drive Streets and T.H. 13/Blackhawk Road Signal �Q. FINAL PLANNED DEVELOPMENT, Rahncliff Dairy Queen, Lot 2, Block 1, •� Rahncliff 2nd Addition VI. 7:00 - PUBLIC BEARINGS (SALMON) C. 10 YMCA OF GREATER ST. PAUL, Issuance of Commercial Development Revenue Bonds WAIVER OF SUBDIVISION, Lee and Denise Bennett, to move a lot line between Lots 27 and 28, Great Oaks Addition, located on Great Oaks Trail, east of Elrene Road and south of Ivy Lane PROJECT 693; Final Assessment Hearing, Cedar Grove 11th and 12th Addition Street Lights PROJECT 645, Final Assessment Hearing, Blackhawk Hills Street Reconstruction OLD .BUSINESS (ORCHID) VIII. NEW BUSINESS (TAN) p � A. ORDINANCE AMENDING Land Use Regulations by adding Section 11. 10, Subd. r 15.1 regarding Tree Preservation Regulations and adopting by reference Eagan City Code Chapter 1 and Section 11.99. B. ORDINANCE EXTENDING a moratorium for 18 months on the siting of adult use establishments within any zoning district in the City of Eagan and directing further study Q. C. FINAL SUBDIVISION, FINAL PLANNED DEVELOPMENT and VACATION of Ponding T Easement, Opus Corporation (Eagan Promenade) located on the north side of Yankee Doodle Road & East of 35E. -Ib IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) F. ll X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURWIENT 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. AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MARCH 19, 1996 6:30 F.M. I. ROLL CALL i PLEDGE OF ALLEGIANCE II. ADOPT AGENDA L APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) V. CONSENT AGENDA (PINK) A. PERSONNEL ITEMS yy BRETIREMENT OF Police K-9 C.. PROCLAMATION, Burnsville/Eagan Public Access Volunteer Appreciation Day, (p March 22, 1996 D. DECLARE VACANCY, Solid Waste Abatement Commission Hauler Representative E. FINDINGS OF FACT, Conclusions and Resolution on Denial of a Conditional d. Use Permit for Hi -Lex Corporation F. PROJECT 705, Authorize Feasibility Report, Wescott Road Resurfacing (p G. PROJECT 706, Authorize Feasibility Report, Wilderness Run Road Resurfacing H. PROJECT 707, Authorize Feasibility Report, T.H. 149 and Lone Oak Parkway Signal �f1 I. PROJECT 615R, Receive Feasibility Report, Schedule Public Hearing, Meadowview Road Streets and Storm Sewer �$ J. PROJECT 664, Receive Final Assessment Roll, Schedule Public hearing, Wescott Square Street Reconstruction K. PROJECT 643R, Receive Final Assessment Roll, Schedule Public Hearing, Oslund Timberline Addition Street Reconstruction L. PARK NAMING, Lexington-Diffley Athletic Site and Park adjacent to Red Pine • Elementary School M. RESOLUTION, Application for One -Day Off -Site Gambling, Children's Program of Northern Ireland at Cray Research N. RECOMMENDATION, Airport Relations Commission, Evaluation of Noise Abatement Departure Profiles Ff'.0.3 INDEMNIFICATION AGREEMENT, Access to O'Neil Property P. PROJECT 709, Receive Petition, Authorize Feasibility Report, Kennebec Drive Streets and T.H. 13/Blackhawk Road Signal FINAL PLANNED DEVELOPMENT, Rahncliff Dairy Queen, Lot 2, Block 1, • / Rahncliff 2nd Addition VI. 7:00 - PUBLIC HEARINGS (SALMON) P•51B. 8C D. VIZ. OLD BUSINESS (ORCHID) YMCA OF GREATER ST. PAUL, Issuance of Commercial Development Revenue Bonds WAIVER OF SUBDIVISION, Lee and Denise Bennett, to move a lot line between Lots 27 and 28, Great Oaks Addition, located on Great Oaks Trail, east of Eirene Road and south of Ivy Lane PROJECT 693, Final Assessment Hearing, Cedar Grove 11th and 12th Addition Street Lights PROJECT 645, Final Assessment Hearing, Blackhawk Hills Street Reconstruction VIII. NEW BUSINESS (TAN) A. ORDINANCE AMENDING Land Use Regulations by adding Section 11.10, Subd. 15.1 regarding Tree Preservation Regulations and adopting by reference Eagan City Code Chapter 1 and Section 11.99. B. ORDINANCE EXTENDING a moratorium for 18 months on the siting of adult use establishments within any zoning district in the City of Eagan and directing further study C. FINAL SUBDIVISION, FINAL PLANNED DEVELOPMENT and VACATION of Ponding Easement, Opus Corporation (Eagan Promenade) located on the north side of Yankee Doodle Road & East of 35E. F-06IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 15, 1996 SUBJECT: AGENDA INFORMATION MEMO FOR THE MARCH 19,1996 COUNCIL MEETING After approval of the March 19, 1996 City Council agenda, the February 21 and February 27, 1996 Special City Council minutes and the February 21, 1996 and March 4, 1996 regular City Council meeting minutes, the following items are in order for consideration. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY C0UfM-:Q40` AWJ0 RY PARKS, RECREATION & NA. E-Xt OUitC:COMMISSION 1 gan, Minnesota ¢tuary 27, 1996•:::;:::: A special meeting of the Eagan City CourToi - s"' Tuesday, February 27, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor tg*6:=:eiW:-:Councilmembers Wachter, Awada, and Masin. (Councilmember Hunter arrived at 6:39 p.m.) Also present were members of the Advisory Parks, Recreation & Natural Resources Commission, and City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert and Finance Director Gene VanOverbeke. OPUS/PROMENA TO TRANSI After a brief introduction by Administrator Hedl the resolution of commitment to the transportation Corporation. Aye: 4 Nay: 0 (Councilmembar:Hunti HOLZ FARM TASK ITMENT 9d, Wachter seconded a motion to approve for the Eagan Promenade Project/Opus time.) REPORT Jon Oyanagi, Recreation Supervisor, reviewed the report and recommendations of the task force. He indicated they are looking to restore the farm to a period around 1940. It was a time when the farm was prosperous and it was also a historically significant time, i.e. World War II and the Great Depression. It also fills a niche not addressed by any other historic farm, since m6it:0.them date back to the late 1800's and tum of the century. He would like to focus on programs from around;i -:OF . ri .have predominantly hands on activities. He reviewed the recommended restoration and funding sources:' -''Lei .*.M".Chair of the APRNRC, stressed the importance of this project. .r Councilmember Awada asked about the furi¢ing:::;I.ciaii:Osinagi noted that the task force prioritized projects as high, medium and low, and spread out the i npr i? e,wMits1hrough 2002. Chair Markell pointed out some items in the budget regarding land acquisition for aci Mayor Egan noted that a significant amount of the funding is proposed to come from the Capital Improvement Program. He asked what types of funding mechanisms are being looking at in terms of the CIP. Recreation Supervisor Oyanagi responded that one of the first tasks of the Friends of the Farm group, which is the non-profit group proposed to be formed right away, will be a capital fund drive. He gave examples of some possible sources of funding. Some discussion follow:leatdjFig:;3f: fiiitlitf, with concerns raised about the amount of money needed for this project. Councilmerrtbe�-*A'*i�rda:-steted:::sitr3:feels there should be more specifics in the funding. Discussion followed on possible purchase of laiad:for accept*. Councilmember Hunter suggested finding a way to obtain access without spending $300,000 for access. Coutictlmember Awada stated she feels the city has overspent the Community Investment Fund. She doel0l. feel tfig'is an appropriate expenditure for this fund. Councilmembers stressed that there are limited funds in &•Comm� lgtq Investment Fund and there are many needs for those funds. After more discussion, Councilmembers concurred with the targeted time period for the farm, programming, and uses, but felt the budget should be stretched over a longer period of time. Councilmembers also concurred with the establishment of a private, non-profit organization. DISCUSSION ON PROPOSED PARK SVD REFERENDUM David Szott, member of the APRNRC �*"."q'd* Wi*ied :6#6it;*&dations of the commission regarding the park bond referendum. He noted that after considering several dates, they felt the appropriate date would be September 24. The reason for this date is that it was felt more time was:l�kessary to highlight their needs, and get the citizenry educated and involved in the details of the referendum ii0t4der to obtain a broad based level of support. It was felt that the formation of a task force is important so there is a cross section of the community to help sell the idea of the referendum to the community. The task force would also keep the subcommittee and APRNRC informed on what parcels of property are most important, and the size of the bond referendum. He gave examples of who could be represented on the task force. EAGAN SPECIAL CITY COUNCIL MINUTES; FEBRUARY 27, 1996 PAGE 2....... _ _ He noted that one of big issues discussei#;'iivas land aoquisitid* ersus development of parks. It was agreed that the need for land acquisition should be the:)ii'ority for the bond''reiferendum. It was felt that available land is decreasing, and land costs are continuing to incE¢#3se. Acquiring I$j .Today will give future city councils and parks commissions opportunities to develop a parks andf Be-reation progr8rriS to meet the needs of the future populations. The Land Acquisition Subcommittee has identiffad:-4::*Q?. 7�: oii eia3s' as high priorities. The subcommittee also suggested that a more general approach be used in teriti:d€:iiertififying the land to be acquired, based on the land acquisition chapter in the Park Systems Plan. He indicated that a 15 year bond is being suggested, with an amount of no less than $4 million. He reported on a meeting the subcommittee had with the Eagan Athletic Association Board to hear their needs in terms of park development. Chair Markell added tha##ieiAi4l:ti tk(QfiEI#$t for Public Land who indicated they would work with the city on the acquisition of larger, more-cbtitft.$rsiaFpr ryas. They were told that the current trend sees that people are generally in support of creating and:ffiaintainft:g :pen spaces. Member Vincent stressed the importance of a task force to:;i?i;3p best determine the bond amount and help market the bond referendum. Mayor Egan asklad:il;:a;$4: jQQ Qn.b rd:ls approved, when they would come back for other potential referendum capital purchases. Wit t'Vineesi :k dioated that the subcommittee felt that the bond should specifically focus on land acquisition. The second parf of the dual track was to come back in 2 or 3 years with another referendum for development. It was felt that by doing the referendums separately, the community will be able to get a clearer picture as to what is being achieved. Mayor Egan asked what the amount of the second referendum would be and Member Vincent indicated it hasn't been decided what the development needs are. Councilmember Hunter stated he feels it would be good to get a feeling for what that amount would be and when marketing the referendum, find out whether pepple:woukl prefer to have one referendum or two. Member Vincent noted that the APRNRC'Wc�uk�e direction from the Council as to whether they concur with the date of the referendum, and permission 'ttik::s�otr-:go'.:iiitiead with forming the task force and assist in selecting members. Councilmember Wachter indicit6d he wquId;iikr};to see as many voters as possible turn out for the referendum and he feels it should be done i6. the election. It would save money and get a good voter turnout. Councilmember Masip.-.0>'#etisreif;-''stating it could be done at the primary election. Councilmember Hunter stated he wants to see:0riwdpinion on this. Councilmember Awada argued against doing it on September 24th, because she feels the taxpayers will feel like the city is trying to slip something through by having it two weeks after the primary. She also argued against doing it with the primary because only one political party will be represented at the polls. Considerable discussion followed concerning the date, how a non -vote on the referendum is calculated, and the advantages and disadvantages of having it with the general election. Mayor Egan pointed he would like to have a good voter turnout also; but he would rather have a smaller, but more educated public voting on this. The referent]itr:►Nlldl:biitld::ol1 the back page of a general election ballot. Councilmember Wachter agreed with that, ari 'poirr#etl' t iit:#fiat #ie City used to have an off-year election for that very reason, but changed it to save money. After more t*cussion;..tbe consensus was to hold the referendum on August 6. The Council also concurred with the formatiort:bf a task;fiDrce. Discussion followed on the makeup of the task force, how to market the referendum, and how tt6i#ch actiY0:and passive park land the city currently has. Parks and Recreation Director Vraa responded that the has abW 1,200 acres of park land. Out of that, about aste 400 is active. Councilmember Wachter suggested that signs be pd on passive park land identifying it as park land. Councilmembers felt this was a good suggestion. Administrator Hedges noted that at the last City Council meeting, action was taken on an item that was contrary to the APRNRC recommendation, and the APRNRC Chair. Indicated an interest in getting some feedback from the Council relative to that decision. Lee Markell, APRNRC Chir, indicated that the APRNRC was unanimous in wanting to do whatever possible to protect the water resource st.8lackhawk Lake. They were surprised to see that decision reversed. Councilmember Hunter.;icldicatee#_ is:wes:iebated for a long time, and the way it explained by staff, if the city kept feeding the outlet of Ff*k� i*,.qe Ktp'c> pQh►i# :it wouldn't degrade Blackhawk Lake—it would stay the same. The Council didn't want to create a slime''cbvereit pond in the middle of high cost homes. Member Vincent asked whether the Council would beitttrested in having an APRNRC representative attend the Council meetings as often as possible, so there is a' 'resource there if there is a question, and the commission's recommendation could be better conveyed. Councilmember Hunter stated he feels that is an excellent suggestion, and other commissions have done that from time to time. Councilmember Wachter suggested that whenever something comes up that the commission has a particular interest in and feel there is more EAGAN SPECIAL CITY COUNCIL MINUTES; FEBRUARY 27, 1996 PAGE 3 information they would like to express to the Col,i#ii 1, that they feel fr*$A come to the Council meetings. He added that when making his decision, he put himself in'tTie position of a pots ftl home buyer in that area, and he wouldn't want to see a green pond. Chair Markell indiceQ:that a lot of motley -is being invested in Blackhawk Lake, and the commission feels the city needs to do everyfl;titi vpssible W41sWain that water quality. The commission is trying to protect that resource at the least possible if;a#Ciei':APRNRC member indicated the commission looked at the cost of the bypass versus the cost of of-Ifft4 cji69tfitial'cleanup that could be done at Blackhawk Lake. He indicated that in addition to answering questions for the Council, an APRNRC representative could bring feedback back to the commission for future decision-making. Councilmember Awada stressed that the commission's recommendation made sense from their standpoint and objectives. It is the commission's job to pr6iia $ko;:xf rile :: The Council needs to take other things into consideration as well when making decisions. IV+ffiyor£ l is tideiiftAa t R' ich Brasch represented the commission's interests very well. Most of the Councilmembers looked a€:�e quality:dt housing there and felt there are things that can be done to improve Blackhawk Lake, but there is liti:le that can T�li done with a stagnated pond. Discussion followed concerning the goals of the APRNRC and whet i?es they ark reahstic and on-line with the Council's goals. WATER RESERVOIR - ANT9WA::NN'STAUA.V©N LEASE AGREEMENTS Director of Public Works Colbert indicated he has been inundated with requests to install more antennae on the city's water towers. He would like some direction as to how many of these the Council wants, what fees and/or other rate structure should be established for antenna installations, and to what extent the Council wants these to be encouraged or simply allowed. He pointed out that the Council just approved an extensive logo application on the Deerwood reservoir. Councilmember Awada stated she feels tft:1aIf'Jiz::Wave. of the future, and there will be more and more of these requests. She feels the city should take aduantaga°:: cii:tkils revenue source. Councilmember Wachter concurred, suggesting that perhaps this revenue coulil:be earmarked::fgr the Holz Farm. Councilmembers indicated a preference to having these on the reservoirs rathdr:'thapJ4.1iii'ig::them free standing. They also indicated a lack of knowledge as to what is appropriate to charge,::;Ci i i; iifiber Hunter suggested the city should charge $1,000 per month. Director of Public Works Colbert itidi'i�tesdi-hat several companies felt that was too high and wanted to negotiate a lower price. He feels that in sorhe situations, companies will opt to build a free standing antenna if the price is too high. This happened when U.S. West decided to build a free standing antenna. Staff tried to point out the benefits of having the antenna on the reservoir, but he didn't feel the Council shared that preference, and the Council gave them the permit to build a free standing tower. Councilmember Wachter pointed out that the Council has more information now and are better able to indicate a preference. He feels the reservoirs are an ideal location for them and are not objectionable. pt them more on the reservoirs. Mayor Egan expressed a concern about adoptirt$:and imptWenting a policy at the same time. Director of Public Works Colbert questioned how the location on:ibis reserv' iIf:should be handled and how these requests should be prioritized. Discussion followed concerning ther or.iit they should be allowed on the logo. The consensus of the Council was to minimize the antennae ;M:the log4i .Wt if there are conflicts, compatible paint will be required. The consensus of the Council was also to encourager:�ntennae on the reservoirs rather than free- standing. Director of Public Works Colbert reminded the Council that the auxiliary structures around the reservoir need to be considered as well. The Council consensus was to require screening for any auxiliary structures in residential areas. Director of Public Works Colbert indicated that the city has previously been able to negotiate for phones and auxiliary storage buildings as part of the agreement. He also indicated the Council can consider a flat rate per panel. Considerable discussion followed concerning what 6; barge. The consensus was to charge $1,250 per year per panel, that they be allowed on all reservoirs, that cor}Itible paint be used for any antennae placed on the logo or lettering, that there be adequate,w;em'no.for:qiccessoary structures, that the leases be for five years, with an option to renew, and that there be a tticia>iirt:sd:3q:#ie lease. ELECTION SIGNS.:::::: Administrator Hedges distributed a letter from Gary Morgan**That was received relative to this issue. Mayor Egan indicated he would like to bring Eagan into conformance with other cities and Dakota County. He feels signs should be out of the public right-of-way and beyond the boulevard. He doesn't see any harm in restricting their use on public property. Councilmember Awada noted that that will eliminate signs on any public property such as the EAGAN SPECIAL CITY COUNCIL MINUTES; FEBRUARY 27, 1996 PAGE 4 comer of Pilot Knob Road and Yankee Doody:.*Road, which has ,6,ditionally had a lot of signs. Mayor Egan Indicated that perhaps zones could be establisl'ted to allow them in eras where people have traditionally put a lot of signs. Shannon Tyree, Planner, noted that Wb Pilot Knob Road:gnd Yankee Doodle Road would be governed by Dakota County. She reviewed a letter from t4ib.akota County:l ney's office that city police departments are authorized to enforce county ordinances within the fi�lfRii�pat'y"X.AWuding enforcement of ordinances on election signs. Councilmember Awada stated that as a candide�;"it:ie., 'to be able to put signs on public property, rather than having to get permission from each individual property owner. Planner Tyree reviewed typical right-of-way areas along highly traveled roads in Eagan. Finance Director VanOverbeke stated that most people think if they put their signs on the other side of the bike path, it is outside the right-of-way. Usually, it is still within the county right-of-way, but the city doesn't typically remove them. Then, right before the election, someone could place 15 signs next to the curb. The city would remove#ia:: a::they are within the right-of-way, but :•t�o4t?s ,actually the city is selectively deciding where the right-of4ily'ts jMby-> hOo ate bike trail is, and technically, all of the signs are in the right-of-way. There has been inconsistent apo.Wtion of x#i$:law because it isn't really known where the right-of-way is. Councilmember Awada questioned whether.ttuslOkallyaa iffilem. Councilmember Hunter suggested the city adopt a policy that election signs must be x3iroe:.fieet from:#bc,::bike trail. Councilmember Awada noted there aren't bike trails on every street. Councilmember Awada stated•efiie feels the county should enforce their ordinance and the city should set a distance from the curb for city streets. Discussion followed concerning what other cities do on this issue. Councilmember Awada noted that occasionally there are complaints about the number of signs, but she would rather see them on main roads than in the neighborhoods. Planner Tyree noted that there is also the issue of public property. Some people feel that public property is for their use. Councilmember Awada suggested signs be allowed in the public right -Of -way unless it obstructs visibility. Mayor Egan referred to the letter from Gary Morgan, noting he doesn't feel there-Was:pIny:intentional singular treatment in the case of his signs during the last election. His signs were clearly in violafion::.F#g�#cesn'.t feel there is a major problem with the current enforcement. Councilmember Awada suggested signs 64*iifl04no closer than 10 feet from the curb for any public right-of-way. Councilmembers concurred. Arvada added thet l: a county should enforce their own ordinance within the City of Eagan, and the Police Department...WiJI..errfqro.' l * :city's rules on county roads. Director of Public Works Colbert suggested the ordinance state that:if:;-J€side the bike trail, but no closer than 10 feet if there is no bike trail. The Council agreed to that. Cow"O',l&ffi.ber Awada stressed that the 100 foot from a polling place rule should be enforced. Discussion followed concerning charging parties to get confiscated signs back. Finance Director VanOverbeke suggested the city could hold the signs for 10 or 20 days and then destroy them. Councilmember Hunter suggested they should be held until after the election. He feels it should be somewhat punitive. After some discussion, it was felt that not much would li4::03iii6d::0::t rte: t#J m until after the election. Finance Director VanOverbeke indicated he will prepare an policyactic�dirig:tiQ:tiibuncil's direction and have the City Attorney make -mere it isn't in conflict with our ordinance. The meeting adjourned at 9:28 p.m. Date City Clerk DLP MINUTES OF n, Minnesota rch 4, 1996 A regular meeting of the Eagan City'Ci}cii..Ws the Eagan Municipal Center. Present were Mayc:i~j Hunter. Also present were City Administrator T6m':144 Reichert, Director of Public Works Tom Colbert, and City 004 Administrator Hedges noted an addJi Ashley. Wachter moved, Masin seconded a OF THE 6ii Monday, March 4, 1996 at 6:30 p.m. at Unciimembers Wachter, Awada, Masin and Community Development Director Peggy iev Jim Sheldon. being the resignation of Walker Lee la as amended. Aye: 5 Nay: 0 Councilmember Awada indicated sC v il.3 &I ir�ic�g;;M"this vote because she wasn't present for most of the meeting. Councilmember Mai6:iib a d6ri.ec#I6rl on page 1, under hydrant use policy, to state that people couldn't use the hydrant to water the trees. Hunter moved, Wachter seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilmember Awada abstained.) Hunter moved, Wachter Battalion Chief for the Eagan Fire ,:ATIE+E'HiG BUSiNE8S to ratify the election of Mark Adam as the Night Nay: 0 Councilmember Masin thanked Dorothy.i .eterson:at ::Paula Nowariak of the Parks and Recreation Department for attending the Youth Summit. In regard to Item F, Contract 96-16: Councilmember Wachter questioned whether there have been any innovations to preserve the steel used in bridges. Director of Public Works Colbert wasn't aware of any. In regard to Item H, Contract 96-02, Councilmember Wachter noted that the cost estimate is 44% over the estimate. He questioned whether the city should go ahead with this. Director of Public Works Colbert indicated staff questioned it also, 0tct:ave:ai?:xplatlatic as to why the costs came in higher than expected and how the project can be mod#fed:16i66ciW. ...w... &.1he overage. He indicated he spoke with the consulting engineer to see whether it would be beneficial to rebid the project, and the engineer indicated that this project is already one month behind sched and rebWing the project would delay the project another month. They would like to have this well or�ijjie for thi .-jummer's sprinkling season, so it was felt it would be in the best Interest of the city to award ffi6; contrad'hDr the alternate water main construction, and come back with a change order to make modifications td.Ai water main. A. Personnel Items Item 1. It was recommended to approve the hiring of Kimberly DeReus as a part-time seasonal Program Assistant for the Parks and Recreation Department. Item 2. It was recommended to accept :the : resignation df :.1Nalker Lee Ashley, Youth Development Coordinator. B. Approve 1995 General Fund Budget Adjustments. It was recommended to approve the 1995 General Fund budget adjustments a's presented. C. Approve 1995-1996 D.A.R.E. and Police Liaison Service Agreement with School District #196 it was recommended to approve the agreement with School District #196 as presented. EAGAN Cr Y COUNCIL MINUTES; MARCH 4, 1996 PAGE 2 D. Set Public Hearing for Industrial Facilitie ,Development Pr f. LLP./Master Mechanical, Inc. It was 4 recommended to approve the resolution settiri p4blic h"'Jor industrial facilities development project for LLP./Master Mechanical, Inc. E. Change Orders, MuniclIMI Center Expansion. It was recommended to approve change orders in the amount of $10,323.69 as presented. F. Contract 96-10, Yankee D Contract 96-10 and authorize G. Contract 96-05. Northridge Drive and Ponder die. It Contract 96-05 and authorize the advertisement for a: i?id ope 26, 1996. H. Contract 96-02, Well No. 18. It was recb6 ti'iWOM ti lowest responsible bidder and authorize the Mayor and It was recommended to approve the plans for WOU held at 11:00 a.m. on March 29, 1996. ^ommended to approve the plans for be held at 10:30 a.m., Tuesday, March e bids and award Contract 96-02 to the to execute all related documents. I. Project 708, Wescott Road. It was recommended to receive a petition and authorize the preparation of a feasibility report for Project 708. J. Contract 94-R, Waterview Addition. It and authorize acceptance for perpetual I K. Agorove Municipal Center Constri recommended to approve the Municipal L. Approve Off -Sale Liauor License recommended to approve an off -sale I Oasis Market at 3390 Coachman Road mended to acknowledge completion of Contract 94-R iance subject to warranty provisions. g Plan and Adjust Budget. It was out spending plan and adjust budget. stores. Inc. at 3390 Coachman Road. It was malt liquor license for Twin Cities Stores, Inc. dba M. Final Subdivision, Preusse Addition. It was recommended to approve a final subdivision for Preusse Addition as presented. N. Resolution of Denial. Comprehensive Ca Road and 1-35E. It was recommended: comprehensive guide pian amendment for Road. 0. Assignment of Responsibility for Eagandale Centot:02dw It was recommended to approve the assignment and'assurr development contract responsibilities from the NW Mutual Properties Inc. n of denial for Rottlund Companies' northeast quadrant of 1-35E and Diftley tale Center Industrial Park #12 Company to MEPC American Awada moved, Hunter seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to schedu1644'pecial Council meeting for March 6, 1996 at 6:30 p.m. Aye: 5 Nay: 0 Number of Persons in Residential Groug Homes. Administrator Hedges referred to a memo from Community Development Director Reichert regarding the nt;q*r of people allowed in, residential group homes. Community Development Director Reichert noted thor* has been a request from Hearthstone of Minnesota, who currently has six children and would occasionally like to have up to eight. This can't be done through the variance process. She pointed out that the code doesn't really address the different types EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 PAGE 3 of group homes and provide for them in dont zoning dist"...&:and the Council may want to consider changing that as more of these facilities local lb commucr#� .`.: Aayor Egan indicated he does not object to reasonable flexibility under these circumsta44,:-' tir tt r ler Awada indicated she has received some complaints from people who live in this area. ''g#:eefi3'rieighborhood input is needed on this Issue. Community Development Director Reichert indicated the Council could provide the ability to exceed six children in the R-1 zone as a conditional use. However, I that is done, all facilities need to be treated equally. Direction is needed as to whether the city wants to pursue a code amendment to allow more than six children in these types of facilities. Counciimember Awada noted that this is traditionally not allowed in other cities. CouncNmember Hunter indicat$d:# SNC.:Sq. :out what other cities are doing, and what problems have been experienced If they hi3va ��4we:sittr:tin::six children. Councilmember Wachter concurred. He hasn't had any complaints, but feels:.- �. p ould b' :Obod to check. Qn-gig yet Parking RegMest, Lifetime Fltnese:.Wayor F ein noted that Lifetime Fitness raised these same issues when the on -street parking banwaa.a001*1 by,;i o.>�uncil. He indicated he is willing to listen to them again, but at the time the ban we�iat;3ip:;sffect}:tejiwere told that when the adjacent property develops, there will be an increase in off -stili f parking available, and until that happens, there will be some problems. He doesn't see where the circumstances have changed. Councilmember Hunter concurred. Councilmember Wachter suggested Lifetime Fitness ask their members to adjust their schedules to times when parking isn't as much of a problem. Councilmember Hunter noted that Lifetime Fitness advertises having limited membership, and if their membership has grown to the point where all of the members cannot be accommodated by the parking, perhaps:there is a problem with the management practice of continuing to solicit more members. He feels t��f:::6:::their problem to deal with. After some discussion, Councilmembers felt that circumstances haven'(":i�igeti,.and their position is the same. VACATE PONDING EW890N.LVAG'AN PROMENADE Director of Public Works Colbert gale' astaff report. He indicated Dakota Electric Association had a concern about their electrical feed located along the west side of the new ponding area. He noted that the feed will be relocated within the Denmark Avenue alignment. Therefore, the pond will be constructed In stages to accommodate the electrical relocation and Dakota Electric no longer has any concerns with this vacation. He is recommending that following the public hearing, that this be continued to be concurrent with approval of the plat which will provids:.for.the-yeplaeeme.9t easement. Mayor Egan then opened the public hearing to anyone wishing to spera....:.:. 'Iasi'$ : frmg.:rr : rie wishing to speak, Mayor Egan turned discussion back to the Council. After some disciission;'WaIcMtei•'Moved, Awada seconded a motion to close the public hearing and continue this to be concurrehi.* vlth final;glat approval. Aye: 5 Nay: 0 N>`ss APPROVE HOLZ FARM FIN&:REPORT Councilmember Awada stated she likes the revised budget. Mayor Egan commended the task force for their work on this issue. Councilmember Hunter concurred. He feels the task force was sensitive to Council concerns. He thinks that had the Council known howr.rnuch it was going to cost, the decision to purchase the farm wouldn't have passed. The Council waj---*W od to believe that the structures were in relatively good condition and the Council took that into considition when making the decision to purchase the farm. According to the report, It apper•fo . :a: dilapidated farm that is falling apart and will take $1 million to restore it. He questions v fti r:::tl :sf?¢i�`d go forward with implementing these recommendations. He feels a much smaile'r' p�og�am'�is "'rieatled, or the farm should be released. Jon Oyanagi, Recreation Superintendent, responded that the build%rtgs were rated relatively good according to the SEH report. "Relatively" means that they are in good cition, considering their age. He feels the buildings are in varying degrees of repair. Councilmember WacPlter stated he feels the report makes some of these buildings out to be worse than they actually are. Some things need to be done in order to save EAGAN CITY COUNCIL MINUTES: MARCH 4, 1996 PAGE 4 the buildings; other things can wait. Not:qi-:of the buildings -:44 be saved. The recommendation is a guideline. Not everything in the report needy:t4, b� done. Mayor Egan stated he feels the city rece%ive'tifibtiiast evaluation as to the relative condition of the buildings. There was a lot of excitement at the open house for this project. He suggested the city do the necessary improvements for now and stretch out the other improvements as long as possible. Councilmember Masin indicated she feels this is one of the few things that can be preserved in Eagan. She feels the farm should be preserved and the Friends of the Farm organization should be formed. Mayor Egan stated he feels there are a lot of ways to a kft4he*#inanasi :Concems. Suggestions from the Council Included getting the work done at the fciNiiest prig$:Vassil�: having a slower time frame for the Improvements, and doing only the improvements tW.' re necessary to preserve the buildings. Hunter moved, Masin seconded a motion.*p accept thomork of the Holz Farm Task Force and recognize members of the task force for their;.donatli i ::�W entht sm, expertise, time and energy that went Into creating this report. Aye: 4 Nay: 0 Nm0�iter abs a li i C.):::$ome discussion followed concerning the funding. Councilmember Hunter suggested eliminating titie::$300,000 for access. Councilmember Awada concurred. EXTENSION OF CONDITION OF APPROVAL, EAGAN EVANGELICAL COVENANT CHURCH Community Development Director:Aeichert gave a staff report. Councilmember Hunter Indicated that when considering these extensions, ttaidbOncil looks to see whether there is something new. He feels that moving the barn onto their property',1i.: i 'w:::RI d:..he doesn't have a problem with this. Other Councilmembers concurred. Wachter moved, a motion to approve a five-year extension for completion of temporary parking lot improv;+inents for'Eagarr Evangelical Covenant Church. Aye: 5 Nay: 0 CONSIDERATION OF:P•A_' .A1 FERENDUM ON AUGUST 6, 1996 Administrator Hedges noted that official action would have to be taken by the Council 45 days prior to the referendum. It is the intent to bring a formal resolution back to the Council on this on June 4th. Lee Markell, Chair of the APRNRC, indicated the commission looks forward to working with the task force on open space and active park space issues. Tony Caponi reviewed the history cif : k :C2 p i;A t l+?i ik and the problems with financing for the park. He doesn't feel this should be part of ttie'refere'*Rd til:.:-T:k4'Caponi Art Park is not a concept --ft exists and he doesn't feel there is a question as to whethei:ttie park ia:needed in the city. That was decided long ago. He likes the idea of a task force, but feels the poni Art -'Park should be excluded from the work of the task force. He feels he and the Council need to:�grk togettaer to make this work. He indicated that he made a proposal, and he would like to discuss : fits furt6A :::Wfth the Council and get a response. Councilmember Hunter indicated that the Council has read the'p'toposal, but haven't discussed ft together. He feels that needs to be done. The proposal wasn't what he expected, and he feels ft needs to be discussed further. He has serious concerns about the proposal. After some discussion, Hunter moved, Awada seconded a motion to set a special workshop for March 21, 1996 at 5:00 p.m. to discuss the proposal for the Gai.pni Art Park. Aye: 5 Nay: 0 Awada moved, Masin secondee#•:::; is >.Jp:..dir ..-; he Advisory Parks, Recreation & Natural Resources Commission to form a task::#it+is::shady: tf:park bond referendum issue to make a determination as to the amount and wording for a referendum'fb'be held on August 6, 1996. Mirial Johnson, 4181 Amberleaf Trail, stressed the importance of this project:101he community. She feels the Caponi Art Park offers a unique opportunity for cultural and artistic diver0it''that should be taken advantage of. Aye: 5 Nay: 0 1�: EAGAN CrrY COUNCIL MINUTES; MARCH 4,19M PAGE 5 . CONSIDER REOUSF'iifiilE'#RUNK UTILITY CONNECTION CHARGE; &Wb AIt9GE 2ND ADDITION Director of Public Works Colbert gave a staff report, noting that because these circumstances are unique, he has no concern about setting a precedent. Councilmember Wachter asked whether there is any further development anticipated on the south side of the street or to the west. Director of Public Works Colbert noted there is a park on the southeti:?fii:{e::'o the east, there is further development of the commercial area within the RahnclifF1&:AMlk�ri; t tkist:is serviced off the high pressure zone. They have been assessed for that water main. Regatz#ng the pC�ierty to the west, water and sewer were brought in to service all of the lots created In 1985. 'Masin moved, Hunter seconded a motion to approve a request to remove the trunk utility connection charge for the.fthn Ridge 2nd Addition. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE:# N: kN1E1tiN%NTT: I-494/HWY 55/HWY 149 CITY OF EAGAN ANID •JOHN ALLEN `NDUSTRIAL EQUITIES) Community Development Director Reichert gave a staff report. She reviewed the history of this property, and the current land uses in this area. She reviewed a proposed new land use designation called Business Park, which is a step up from basic industrial. She noted there will be policies established for this land use designation, which basically state;�at the City expects this area will develop and redevelop into Business Park over the next 10-20 years, bil .W#:Rric»arily be a function of the market. The City will support having the existing businesses, both industrik;"* tial zoned, In the interim until there Is a strong indication that there is support to change those.area(s::Tti:fty would support changing those areas to Business Park zoning as long as it isn't done piecemeal. Cwung:1lmember Awada asked how this will be affected by the recent legislation on compreli s!V.e:,glaidl0-zb+ing. Community Development Director Reichert noted that this is exactly what the.•le}sl<iti: itt#ends. When there are transitional areas, there should be policies to explain how the trar kkci�:can'ogccur. She added that staff has spoken with the Met Council about this type of approach, aria"ifie Met Council thinks this is a good way to approach it. Considerable discussion followed concerning the land use legislation. Jim Hansen, 1000 Blue Gentian Road, clarified how this amendment will affect his property. He asked whether his property will remain agricultural N the area goes Business Park. Community Development Director Reichert noted that the zoning wol#'Y ;t;harx,:.:3ias:j�lst; a comprehensive guide plan amendment. Mr. Hansen asked for clarification of the IeglskAt , h:f* efi0'P*r.* f hp ;bier. Councilmember Hunter reviewed the legislation and how it affects this area. Dennis laingie, 2795 Linde Lane, asked hoi they wilf 3 e assessed when an assessment comes through. City Attorney Sheldon explained that propeii0s asseO`" based on special benefit to the property, which is increase in market value. It is based on how it is zoned at the time of the assessment. Awada moved, Hunter seconded a motion to approve a Comprehensive Guide Plan Amendment to establish a new land use category entitled BP -Business Park, including corresponding citywide policies as presented in Exhibit B of the staff report and area specific policies as presented in Exhibit C of the staff report, subject to Metropolitan Council review. Aye: 5 Nay:..A3.:. Awada moved, Masin seconded a .rnpJ.19a4o.4ipAcgve acomprehensive Guide Plan amendment from Commercial Planned Development to Bulsfiye 3?a{ii .... G¢ .. bound by 1-494, TH 55 and TH 149 in the North 1/2 and SE 1/4 of Section 2, subjccfi#o"Wr':06dncil review. Aye: 5 Nay: 0 Community Development Director Reichert noted that these will come back.on the consent agenda after the Met Council reviews them. Discussion followed concerning how the Met OWncil will control local zoning as a result of recent legislation. EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 PAGE 6 • .. . CODE AMENDMENY-:AND REZONINO;ir1TY OF EAGAN Community Development Director Reii�kt8f# ii a .-teport. She indicated staff was notified by Northwest Airlines who had concerns about what w :bdilfowBd in this district, and after it was explained to them, they no longer had a concern. She reviewed the proposed rezonings. Wachter moved, Awada seconded a motion to approve an ordinance amending Chapter 11, Section 11.20 regarding use districts to establish a new. use.district by adding Section 11.20, Subd. 22'BP Business Park District". Aye: 5 Nay: 0 Awada moved, Masin seconded a motion to; iprove a ;Wdinance amending Chapter 11, Section 11.03 regarding Definitions to add 18 definitions (#88:105). Aye:: 5 Nay: 0 Wachter moved, Masin secondedon :tcf ;a{p,raW4 rezoning from PD to R-1 for property described as Kollofski's Addition, Lots 2-4,;iok:f andtt:;t'Block 2; Robert O'Neill Homestead, part of Lot 6 (P.I.D. #10-53320-61-00, 10-53320-062-00). Aye: %'S"'Nay: 0 Egan moved, Awada seconded a motion to approve a rezoning from PD to 1-1 for property described as Robert O'Neill Homestead, part of Lot 5 (P.I.D. X10-53320-052-00) and part of Lot 3 (P.I.D. X10-53320-032-00); Robins Addition, Outlot E. Aye: 5 Nay: 0 City Attorney Sheldon noted thatpttio€.the Robert O'Neill Homestead is proposed to be rezoned to Business Park. Since that is a new land 6W. 0$tgr�atb it will need to be reviewed by the Metropolitan Council before the Council can rezone it. PRELIMINARY SUBDIVISION (ROOINS.214D. !tlTION) AND PRELIMINARY PLANNED DEVELOPMENTJ46A SHIP BUSINESS CAMPUS) JOHN ALLEN (INDUST#�#A;:fltaITIES AND REINVESTMENT CO.) Community Development Director Reichert gave a staff report. She noted that Blue Gentian Road Is only partially paved, and is gravel through the residential area. Staff is concerned with traffic going to Highway 55 on the gravel road. There is also a steep grade going into the residential area. She noted a study is being conducted of the Highway 55 corridor with MnDOT, Dakota County and Inver Grove Heights. In the interim, staff is proposing to cul-de-tw:tlw.area:at;the..?nd,of the business park, and also curie -sac the gravel portion in the residential area.. f...... fre :Acii ip** : cias .Very supportive of the Business Park idea, but is concerned about having all of this traffic coming out onto'kfg: hway 149. A traffic study was also done to determine how much development can be accomrr'r6* dated wiffilhe one-way street going to Highway 149. It was determined that the entire phase 1 could be iadbommodated without overburdening Highway 149. The developer has a question as to whether he neegW pay wfor quality mitigation fees. There is also an Issue about access points that needs to be addressed: Jim Allen, the applicant, expressed his concern about dosing off the access point. He indicated that there was an issue with visibility relative to the berming, landscaping and monument sign proposed. They would prefer to work on the berming and landscaping, and move the monument sign than lose the access point. It will not be a high traffic point, but still feels It Is.11xtportant for access. He also reviewed the water quality mitigation fee issue. He noted that he and the advent property owners worked with the City of Eagan In 1980 to donate the pond when the city had a signifi&M problem with ponding and water quality. At the time, it didn't specifically state that: er:gll i..409is*Wd be waived because they didn't exist at that time, but he feels that was the intent.: ;fe:thti y'.f4 V0:,; l' bpIied in spirit by donating the pond many years ago, with no benefit to the property owners. Because of this, he doesn't feel that waiving the fees would set a precedent. He -feels this area could be Eagan's *Wden Triangle". Discussion followed concerning the access point. Director of Public Works Colbert indicated his concern Is to have adequate site distance for safety. What is needed is some final detail site surveying that EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 PAGE ? Is usually not done at this preliminary level.::N felt that it woutdlib appropriate to raise the issue so it is not overlooked when the final development citi w..through;.,l#;mere is adequate site distance, staff doesn't have an objection to the entrance at this IoCWQ*.i±i ::::li::t"tiie sit#'distance is marginal, it may need to be restricted to be an entrance only. Staff will work wiCftifi#�aping and grading plan to ensure maximum site distance. Mayor Egan expressed concern about the water quality management dedication requirements. If there was a storm sewer ponding dedication and if it was beneficial to the city's water quality management system, he finds it difficult to justify any fur9i�:i±kiai; bb:iM¢pplicant. However, he doesn't know how much of an effect the dedication of the pblltlx='back:M'1tW,iMi 1980's had on the water quality today. Director of Public Works Colbert reviewed the history is ease"nt, noting that when the pond easement was defined, it was as a result of the grading plan that.was subrfi'h'ted to accommodate a lot of the excess fel generated by the construction of the I-35E/1-494.;3rorchang' :: The drainage easement was calculated and defined purely on the storm water magmetit;:liln .fpr:ppd control because that was all that was available at that time. The concept of wader.: glcetiflyy der#i icitl.badn't been developed yet. There is an element In the water quality management plan that states that' all development shall ensure that the quality of the water of runoff after development is not worse than the water quality prior to development. So while this ponding may serve to treat the water quality of the area, it doesn't entirely mitigate their water quality impacts. The applicant is proposing some water treatment, and it doesn't meet the full non -degradation requirements of the water quality management plan, which results in some cash dedication. Mayor Egan asked whether the cali*10 ibne.for the water quality management would be substantially different than the storm water control and Dir&.:.6 :P,tjbba-Works Colbert indicated they would be different. Mr. Allen pointed out that the pond was granted.in i or►f W1.04:with a grading permit, but research shows that there was a significant flood plain control problem at ttiaf time If this pond wasn't handling a lot of the city's flood water, the city would probably be ddJ9g a.RA::.Iahiiire: utrient control in that pond. Councilmember Hunter askedwE?eet:: fis''a unique circumstance to dedicate or donate an easement. Director of Public Works Colbti41hdicated that it happens many times. He noted staff can do further research on the negotiations at that time. Mr. Allen emphasized that this needs to be discussed further. Councilmember Hunter indicated that if this situation is not unique, the Council requires developers to comply with city policies. He is willing to watt for further details. Mr. Allen stated he feels it is unique for a landowner to give the city an easement to take off-site water of a significant magnitude and run it through their pond. Easements are granted all the.0me;1-o.handlemater.from the development that is occurring on the site. He feels it was the spirit of the no 00 tkieit:ie that they wouldn't have to pay these fees In the future. Jim Hansen, 1000 Blue Gentian Road, indickW a con W..n about the proposed cul-de-sacs. Due to the steep grade, it will be difficult in the winter fdd::beople pl the west end to get out of their homes. Other winters, people had to exit to the east, but thief won't 6. --possible with the proposed cul-de-sacs. Director of Public Works Colbert noted that the grade is 12%,'which exceeds the city's standard of 10%. It is a gravel road and it is difficult to keep in a maintained condition. He is aware of the difficulty, and it is to the city's benefit to try to locate the cul-de-sac as far to the east and at the bottom of the hill to provide a flat area for vehicles to tum around. Staff hasn't gotten to that level of final detail design because this is a concept proposal. He indicated that the gravel road wouldn't able to handle the truck traffic associated with this proposed development, and would continue to degrad. -Ae condition of the gravel road. Staff also has a concern about having commercial/industrial traffic going'#4ough a residential area. Putting up signs Is practically unenforceable, which Is whX tho: .e -each :Wprik .proposed. Councilmember Awada asked whetFier ifieji aoi0-6611d e* -sac the paved side, but leave a curb cut for the homes to use. Director of Public Works Colbert indk:i€ed it wouldn't stop the trucks from going through the residential area. He indicated they can try it, but:faie.:feels the result will be more maintenance to the gravel road. Councilmember Awada asked whether the"cur-de-sac to serve the homes will be paved, EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 PAGE R and Director of Public Works Colbert Indica :*-':.the intention is.101: t to be constructed up to city standard so when Blue Gentian Road is upgraded, t4.*"' 6 -sac will :r6" the roadway. Mr. Allen Indicated that this cul-de-sac proprosl'isesult of neighborhood concerns about through traffic. He would prefer not to have the cul-de-sacs there. He wondered why there couldn't just be one cul- de-sac instead of two. He noted he has been paying taxes and special assessments on this property for many years, and there is a limit as to the amount of money he wants to incur as a result of a deficient city street. He was not of the understanding that the cube -sac on the gravel side would be paved. Councilmember Wachter stated he feels thac#} #i:3;tt;tf�t to the people who use that road in the winter for safety reasons. He feels the r6id*:V1Ei A6::&--:3W:tion. Considerable discussion followed concerning whether or not to put In the cul-de-sacs.:% Councilmember Hunter stated he feels the:00uncil sh�tti�d approve the recommendation of the Advisory Planning Commission, and staff can:y�pra :WftK.thq.4iO leant prior to final plat approval. Hunter moved, Egan seconded a motion to app rojref#iniitiii:.$;IVision for Robins 2nd Addition, currently platted as Robins Addition, Outlots B and', south of f44' in the NE 1/4 of Section 2, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval B1, B2, B3, B4, C1, C2, C4, D1, E1, F1 and G1 as adopted by Council on February 3, 1993. 2. The developer shall provide in ... Ct?'n-manholes over each individual service to provide the City an inspection and monitoring 3. The storm drainage plan should be r'bvised to reflect.the proposed catch basins at the entrance between Lots 2 and 3 connection tc#;;he interna; t� ftn sewer system drainage to Pond B. 4. If the City Council finds that wit .*6lity'mitigation requirements have not been met by past agreements, the developer shol't6e subject to an on-site ponding requirement. To the degree that the on-site ponding design provided by the developer is inadequate to meet full mitigation requirements, a cash dedication will not be required. 5. The proposed entrance layout will be revised to reflect one entrance at each of the three lots plus one entrance on the west;.side, of. Lot:.1:.:.......... . . . 6. The developer shall construct 'two cul' lie SaICs-td:'separate the unimproved and improved segments of Blue Gentian Road. DetailW::constructkon plans shall be submitted to the City for review and approval prior to constructiQFlr;: 7. The developer shall provide a cross -access agreeft. t to allow adjoining parking lots. 8. The developer shall dedicate sufficient right-of-way with the Final Plat for construction and maintenance of the two proposed cul-de-sacs on Blue Gentian Road. 9. The developer shall plat the property. Councilmember Masin expressed a concern about approviiig: the preliminary subdivision and making revisions prior to final subdivision approvak..::T �nras;e;{xt�t�4ern, when the Council did this one other time. More discussion followed. Aye: 5 NA � ::;: X. Ppveiopment Director Reichert requested clarification regarding the condition relative to water 4 ify'mitigation requirements. Mayor Egan indicated that several Counciimembers indicated that if the storm sewer;pgnding requirements seemed to have met the spirit and intent of the water quality management plan thatjey would not assess any further, but further research needs to be done. Director of Public Works Colbedb"61ed that a condition can be removed, but EAGAN CITY COUNCIL MINUTES; MARCH 4, 1596 PAGE 9 ..... .... can't be added, so he suggested the cond0oh be left in and #:t4"wrch shows that the condition should if be removed, It can be brought back to the Ji to be rem"';i $d. Hunter moved, Masin seconded a motionn tii-iippiav a'Preliminary Planned Development consisting of approximately 80 acres to accommodate a mixed office/industrial development on property currently platted as Robins Addition, Oudots A -D on Blue Gentian Road, west of S.T.H. 149 (Dodd Road), south of 1-494 in the North 1/2 of Section 2, subject to the following conditions: 1. The Flagship Business Campus::f?Rvel for Lots 1-4, Robins 2nd Addition and Oudots A and D, Robins 1 (approximately 29 acres) and Phase 2 (approximately 50 acres) as shown ort:Phasie�9'Plan dated 2/16/96. 2. The Flagship Business Campus PlarlW.. DevelopuriAent shall consist of a mix of office, office/showroom and office/warehp4o::i�*. and.0WI meet, at a minimum, the requirements of the City's proposed Businese.`arfc:aon'ing;tia'ti#:' 3. The final planned development agreement for Phase 1 shall be executed prior to final subdivision (Robins 2nd Addition) and final planned development approval. The following exhibits are necessary to this agreement: final site plan, landscape plan, building elevation and signage plan and lighting plan. 4. Final planned development agreest eM.for Phase 2 shall be executed prior to final subdivision (Robins Addition, Outlots A &''D}.*.val:.planned development approval. The following exhibits are necessary to this agreemerrf; fiiiel: s e:plan, landscape plan, building elevation and signage plan, and final lighting plan; ::: Aye: 5 Nay: 0 Councilmember Masin reviewed:tbe::t"d6.b-f'titie Metropolitan Council inland use matters, and encouraged citizens to pay attention t0;:>e iiri 'the Met Council and what they are doing. CONDITIONAL USE PERMIT - HI -LEX CORPORATION Administrator Hedges noted the Advisory Planning Commission is recommending approval subject to some conditions. There were some concerns expressed at their meeting pertaining to safety, and after review by the Police Department and Fire•Marshall,.:A:was_determined that there is some risk involved, but the conditions recommended with apprpydi: aAh'.:: s t#ta 1: operation is as safe as possible. He Indicated he received a call today from West PiiblisFiing''tegaestii g a continuance of this Item so they can further review this request. Their counsel also subrOOOd a lettevand attachments for the Council's review. He added that the City is under a 60 day deadline oj?: alis regd6k so the Council must take action tonight. Councilmember Awada asked the applicant' whether "y" would consent to a continuance. Carl Cambrone, general counsel for Hi -Lex Corporation indicated ht'feeis the issues can be addressed tonight. He noted their request is to allow tank cars to transport the chlorine and unload it at their facility. He reviewed their current operations and the request. He pointed out that the Council approved this same conditional use permit in 1987. The reason they are requesting another conditional use permit is that the method of mixing at their facility using tank cars as opposed t¢ trucks has not been used before. He noted that this method of mixing is done universally in the industry aia:jt is a very safe procedure. He noted that reference was made in a letter to the Council to an accident:Itwolving chlorine at the Hawkins Chemical Company. There was an explosion, but txac# :nothing. io:.vltith chlorine. He noted that chlorine is used by the City for water purification. ChloriE> J.i:. t > :d rtgerttij}s:iChemical. It is simply mixed with sodium hydrochloride and water to make household Bleach.' "tt'iS'aii'@fficient way of handling a product that has been used in their facility for many years. He urged Councik;approval. Councilmember Awada asked him to explain the conditional use permit that was issued in the 1980's. Mr. Cambrone indicated that it was for the same chemical, but it wasn't common practice to use EAGAN CITY COUNCIL MINUTES; MARCH 4, 1096 PAGE 10 the rail spur. By switching to tank cars, It 4--.*6duce the transpam of chlorine from 450 trucks per year to 18 tank cars per year. The tank cars bring tf imical in a.:li$r toren, as opposed to the trucks which bring it diluted with water. Councilmember 496::;ttia€3tir►sporting it by trucks means there is less chlorine on site at any given time. Tom Gates, Ptes`%#ijRii'.tf:WLex, explained that when it Is brought in by truck, It Is premixed in a 85% water solution and Is stored on the property. They are asking to bring the raw materials in by rail and unload and mix them on site. Councflmember Awada expressed a concern that there will be much more of the chemical on site in a much stronger form, which presents a higher risk factor. Mr. Gates responded that the materials cur!eqtly being brought in are in a liquid form and they are proposing to bring them in a gaseous fd :::: :::RFe; ;rr..W y:: safety procedures that are followed. Councflmember Awada stated her concem iiiiViFlt:potential disaster. Mr. Gates noted that these materials are going through Eagan by rail on a r�ular basis,flght now anyway. The transport vehicle Is designed not to rupture or leak. He feels tank cars are the mosf-We way to handle these materials. They used this exact process in downtown St. Paul and mined to Eat in 1988 and got a permit for this exact process but never exercised It. Councilmember Hunter reiterated It derailment tMat:lust happened in Wisconsin where a propane tank exploded. These tanks are likely designed not to explode, but ft did and the entire city and a two mile radius were evacuated. He has major concerns about the potential for disaster and how ft would affect Eagan and feels many people are concerned about this same thing. There have been many major rail accidents in the last six months. He also referred to information received about chlorine accidents and their Impacts. If this happened in Eagan, it would: be a major disaster and he feels it is important to raise these questions. Harry Gallaher, attorney representing West-Pdb4hi ;:klrged denial of this request. The conditional use permit issued earlier wasn't exercised and ::i* expired:'' 'He. noted that the fire at Hawkins Chemical Company was not caused by chlorine, but becai of. its.pri$eftcp at the plant, was one of the reasons for evacuation. He pointed out that the chlorine uS 1;81:1110*at0'pfant is in one ton containers. The applicant Is requesting 90 ton containers. He feels has failed to prove that there is no danger to the health, safety and welfare of the community;`:,{.Yilonne is a very toxic substance and he reviewed the health hazards and community impacts of chlorine leaks. He noted there is no evacuation plan in the event of an emergency. He stated that West Publishing lies within one mile of this facility. In the event of a catastrophe, West Publishing would have to evacuate the entire complex. Their production facility operates 24 hours per day, 5 days per week. The Westlaw facility operates 24 hours per day, 365 days per year. It is critical to their operation that Westlaw be available to.the legal..ggmmunity and governmental agencies at all times. The economic impact of a evacuation irk:;#jjris:;<�f_:;:::!#sC: productivity and lost profits would be tremendous. He feels the applicant has'faiiecl''to'dei ibnsttii l' at the risks can be outweighed by the benefit to the community, and that public facilities c6ivadequataly serve this facility. Mayor Egan asked whether there is an emerdO cy plan #end Fire Marshall Dale Wegleftner Indicated that there is an emergency plan, but doesn't know whether ft i:xip to date as to the chlorine. Mike Duffy, a representative of Hi -Lex, noted that ft is not up to date as ft applies to chlorine, but one of the proposed conditions of approval is to update this plan. Councilmember Wachter noted that the conditional use permit was never exercised, and he feels the Council needs to look at the situation as ft exists today...k(e feels this request lends itself as more hazardous to the community than having ft delivered by truck -6::a diluted state. He feels ft would heavily Impact the city, and due to the number of rail accidents thaf faave occurred in the past, he feels ft is detrimental to the community. Safety is Councilmember Masin stated shelWis liaJiri '1'$'i*-'#'- ars coming to the facility is safer than 450 trucks. There are many truck roll-overs in the winter also. Mayor Egan noted that the chlorine coming in on tank cars is in a more concentrated form. He added thatbore is known today about environmental pollution, catastrophes, and the potential for accidents than was'khown at the time of the original conditional use permit request. A big concern for him is the tremendous increase in the number of people who live and ................ EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 PAGE 11 work within a dose proximity to this site conned to their origti.-tequest. There has been a major Influx In employment and business operations in this #N:$a.. . Councilmember Awada stated that the CouriEiktreats conditional use permits like variances in that If there is opposition by neighboring properties, then there Is a problem with granting something that is conditional. Safety is an issue, but neighborhood opposition is a factor also. The potential for disaster is small, but there would be a huge impact to 20-30,000 people if there Is a disaster. Awada moved, Wachter seconded ai hic�tiilgi ti:tli City Attorney for preparation of findings of'fd*bV'-'Gitji.' period expiring soon, the law requires that at the ti":tlii stated in writing. He suggested that the letters and attach and the minutes articulate the reasons given by the.r to accept the letters as part of the record, a3 W:dam'Y*'*iI4i given by the Council. Councilmember Wae'r• accepf� findings will still be prepared, and City Attorney Sheldon 0 itional use permit and refer this to the "601don noted that due to the 60 day time 4:17 lakes its decision, the reasons must be 'received be accepted as part of the record, llmember Awada amended her motion i1 use permit based on all of the reasons amendment. Mayor Egan asked whether he feels that is appropriate. Aye: 5 Nay: ESf1'YJtN`QyERNAItEV'F FAIRS Councilmember Hunter referred to a meeting regarding the recent land use legislation with Tim Pawlenty and asked whether anything has been d%one as a result of that meeting. Some discussion followed. Councilmember Masin noted that the transit legislation;.has been making progress and noted that members of the Metropolitan Council have testiNd,JnJavtir -:04 bill. She also referred to a memo she wrote about getting together with school boaxd:itie iesa:arid'other elected officials and wondered whether the Council is interested in setting up this rtea2t3tig: Ste feels one issue that could be addressed is the fact that there are no organizations in Eagan speatheading a drug prevention program. Councilmember Awada suggested the meeting be scheduled for after the legislative session. Some discussion followed. Wachter moved, Egan seconded 4::motigrl1o:aWove;thp. check register dated February 29, 1996 In the amount of $1,596,864.56. Aye:5 ....a , fJt3Ut 4ENT The meeting adjourned at 10:00 p.m. DLP Date Cfty Clerk ff you need these minutes in an alternative: #term:; trod .:$ :f, j,Z ipt, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612), 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons li" equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. Agenda Information Memo March 19, 1996 Eagan City Council Meeting WWI* The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Part-time Receptionist -Clerical Tech II/Police Department -- ACTION TO BE CONSIDERED: To approve the hiring of Joanne O'Keefe as a part-time Receptionist/Clerical Tech II in the Police Department. Item 2. Full-time Dispatcher/Police Department -- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as a full-time dispatcher in the Police Department. FACTS: Interviews for this position were held the week of March 11. References are currently being checked on the top candidate. A name will be furnished to the Council either with the Administrative Agenda on Monday or at the Council meeting on Tuesday. Item 3. Resignation/Administrative Secretary -- To accept the letter of resignation from Diane Palmersheim, Administrative Secretary, Item 4. Resignation/MIS Intern -- To accept the resignation of MIS Intern Therese Pojman. Item 5. Reclassification/Parks and Recreation Department -- To approve the reclassification of the Level F Secretary position in the Parks and Recreation Department to Level G Office Supervisor.. Nq Agenda Information Memo March 19, 1996 Eagan City Council Meeting FACTS: The Director of Parks and Recreation requested a review of the time spent profile (TSP) of the secretary position in that department because he believed the duties and level of responsibilities of that position had changed significantly since the last TSP review was performed. He felt the position currently is more supervisory and administrative than before and includes many projects that would normally be performed by someone at an administrative assistant level. The TSP was reviewed and the results indicate that the position should be reclassified from Level F to Level G. It was recommended that the title for the position be changed from Secretary to Office Supervisor. The responsibilities of the position are equivalent to the Office Supervisor in the Police Department and the Office Supervisor in Central Services Maintenance, both of which were reclassified when their level of responsibility changed. 3 Agenda Information Memo March 19, 1996 Eagan City Council Meeting B. RETIREMENT OF POLICE K-9 ACTION TO BE CONSIDERED: To retire King, a Police K-9, and authorize that he be given to an interested family. FACTS: • At ten years of age, Officer Bob Wagner's K-9 partner is at the point of retirement. Mr. Wagner has identified a family which is willing to provide a home for the dog upon retirement. • Technically, this action declares the dog to be surplus property and authorizes its being given to the family. ATTACHMENTS: 0' • Staff correspondence on page J I,, I IdtV of aagan 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 681-4700 TDD: (612) 454-8535 FAX: ( 121 ¢ -Y 1996 Dear City Council Members: police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration & Investigation JAMES SEWALD Captain Patrol THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk My faithful K-9 partner, King, is now ten years old and at the point of retirement, due to his age and medical reasons. I will be attending K-9 school on March 18, 1996 with a new German Shepard dog. I have a personal friend, Ken, and his wife that are willing to make King a house dog and give him the love and care he desenes as a retired police dog. I request permission to give King to them. Respectfully, Officer Robert Wegner #29 s THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/ Affirmative Action Employer Agenda Information Memo March 19, 1996 Eagan City Council Meeting C. PROCLAMATION, BURNSVILLEXAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION, MARCH 22, 1996 ACTION TO BE CONSIDERED: To proclaim March 22, 1996 to be Burnsville/Eagan Public Access Volunteer Appreciation Day. FACTS: • The annual Burnsville/Eagan cable public access volunteer appreciation event will be held on Friday evening, March 22, at the Royal Cliff reception facility. The Joint Cable Commission hosts the annual event as a means of recognizing the volunteer efforts of those working on local cablecasts. ATTACHMENTS: • Proclamation on page low PROCLAMATION CITY OF EAGAN BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY March 22, 1996 WHEREAS, from January 1, 1995 to December 31, 1995, approximately 250 citizens have volunteered ten thousand hours of their time and energy to provide public access programming to the communities of Burnsville and Eagan, resulting in 747 hours of original public access programming and 516 new productions; and WHEREAS, these public access programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities, which otherwise would not be provided; and WHEREAS, the Burnsville/Eagan public access volunteer producers and their crews have established TV 15, Burnsville/Eagan Access Television, as a premier public access channel with having received over 20 state and national awards; and WHEREAS, these volunteers receive no compensation for their time, energy and production skills, other than the occasional thank you by appreciative viewers and citizens; and WHEREAS, the Burnsville/Eagan Cable Communications Commission, in cooperation with Meredith Cable and their Burnsville/Eagan local access staff, have decided to demonstrate their appreciation by honoring all the 1995 public access volunteers, with the Burnsville/Eagan Public Access Volunteer Appreciation Event on March 22, 1996. NOW, THEREFORE, BE IT RESOLVED that I, Tom Egan, Mayor of the City of Eagan, do hereby proclaim Friday, March 22, 1996 as BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY, IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the City of Eagan to be affixed this 19th day of March in the year of our Lord, One thousand nine hundred and ninety-six. Motion made by - Seconded by: Those in Favor: Those Against: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of March, 1996. 7 E. J. VanOverbeke, City Clerk Agenda Information Memo March 19, 1996 Eagan City Council Meeting D. DECLARE VACANCY SOLID WASTE ABATEMENT COMMISSION HAULER REPRESENTATIVE ACTION TO BE CONSIDERED: To declare a vacancy of one hauler representative position on the Solid Waste Abatement Commission and authorize staff to advertise for applications for persons interested in filling the remainder of the position's term. FACTS: • Staff has been informed that Wally Wall, formerly of Knutson Services, will no longer be serving as a hauler representative on the Solid Waste Abatement Commission. Interest has been expressed by a number of haulers in filling this position to provide continuity among the hauler representation on the Commission. Absent a letter of resignation, a declaration of vacancy is in order. ATTACHMENTS: • Staff memorandum on page - - — city of eagan MEInIVIO TO: JON HOHENSTEIN FROM: JOANNA FOOTE, COMMUNICATION COORDINATOR DATE: MARCH 5, 1996 SUBJECT: DECLARING RESIGNATION OF SOLID WASTE ABATEMENT COMMISSION MEMBER Solid Waste Abatement Commission member D. "Wally" Wall has informed me that he is no longer working for Knutson Services, and has left the solid waste industry. Since Wall is one of the Commission's two "industry representatives" appointed by the Council, he is no longer eligible to serve in this capacity with the Commission. I have asked that he submit a letter of resignation to the Commission and am waiting for it to arrive. I would like to have the City Council declare a vacancy on the Commission, and advise me as to how they would like to fill this opening. Since this is an opening for an industry representative, we can either do a public notice in the local newspapers as usual or simply notify the haulers that service Eagan. An industry representative that has been attending the S.W.A.C. meetings as an observer, has indicated his interest in applying for this position. Please let me know how I should proceed in filling this vacancy. MEMO Agenda Information Memo March 19, 1996 Eagan City Council Meeting E. FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION ON DENIAL OF CONDITIONAL USE PERMIT FOR HI -LEX CORPORATION ACTION TO BE CONSIDERED: To approve a resolution of denial making Findings of Fact and Conclusions relative to a conditional use permit for outside storage of chlorine gas and sodium hydroxide for Hi -Lex Corporation as presented. FACTS: • The City Council heard this matter at its meeting of March 4, 1996 and directed preparation of Findings of Fact, Conclusions and a Resolution of Denial of the conditional use permit. ATTACHMENTS: • Resolution on pages � through to SEM' By'. 3-14-96 ; 9:05AN ; SEVERSON SIELDONH 612 681 4612;# 2/ 2 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT, In Re. Application of Hi -lex Corporation CONCLUSIONS, AND RESOLUTION On February 27, 1996, a Public Hearing was conducted, upon appropriate notice, .before the Advisory Planning Commission of the City of Eagan, for a proposed Conditional Use Permit to allow exterior storage of chlorine gas and sodium hydroxide on Lot 1, Block 1, Eagandale Corporate Square. At its February 27, 1996 meeting, the Advisory Planning Commission recommended approval (6 to 1 ) of the Conditional Use Permit for exterior storage subject to conditions. The matter came on before the Eagan City Council on March 4, 1996 at its regularly scheduled council meeting. The Applicant was present and spoke in favor of the application. Harry Gallaher, an attorney representing West Publishing, urged denial of the request and submitted a letter, dated March 4, 1996, which was received into the record by the City Council. Based upon all the information presented at the hearing, the record and the staff reports. the City of Eagan does hereby make the following: FINDINGS OF FAC 1. This matter is properly before the City Council of the City of Eagan. 1 R-94% LI 612 432 3780 03-14-96 10:15AM P002 #32 SENT BY: 3-11-96 ; 1:48PM ; SEVERSON SHELDON 612 681 4612;# 4/ 7 2. Hi -Lex Corporation currently occupies a facility owned by Prudential Insurance Company at Lot 1, Block 1, Eagan Corporate Square. 3. Hi -Lex currently receives chlorine by truck in a diluted form (approximately 85% water). Hi -Lex currently is serviced by about 450 trucks per year. 4. Hi -Lex anticipates receiving 18 rail tankcars of undiluted chlorine gas each year. One tankcar of chlorine gas is approximately 180,000 IbS, 5. Within a one mile radius of Hi -Lex, the area is occupied by businesses and residents. 6. The request is to bring in tanker cars with undiluted chlorine gas (not chlorine mixed with water) to be stored in railroad tank cars outside the Hi -Lex facility. 7. West Publishing's campus is located approximately one mile from Hi-Lex's plant. There are approximately 6,000 employees on the west campus. West operates 24 hours a day, 365 days a year. 8. A spill or release from the tanker which scores the gaseous chlorine may require immediate evacuation of an area 1,500 feet in diameter followed by downwind evacuations of a mile -wide strip extending 2.4 miles away from the release during the day and 4.7 miles from the release during the night. 9. Such a release and evacuation would pose significant inconvenience, danger and risk of harm to persons and property within and adjacent to the proposed evacuation area. 10. There are significant health hazards posed by chlorine as documented in the March 4, 1996 letter from Attorney Harry Gallaher. 2 1 SENT BY: 3-11-96 ; 1:48PM ; SEVERSON SHELDON- 612 681 4612;# 5/ 7 11. The storage of undiluted chlorine gas in railroad tanker cars on site will greatly increase the amount of chlorine on the Hi -Lex site. 12. The emergency plan of Hi -lex Corporation on file with the City is not up to date as it applies to the outside storage of chlorine gas. 13. The Council was supplied with numerous newspaper accounts and other infom0ion of evacuations, personal injury and damage caused by chlorine gas releases within the last five years. 14. The applicant has the burden of persuasion to establish that it has met the requirements of the Conditional Use Permit Ordinance. 15. The Conditional Use Permit Ordinance for the City of Eagan is contained in City Coda Chapter 11 Section 11.40 Subd. 4, C stating that the Council shall issue such Conditional Use Permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Q. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 0) 3 SENT BY: 3-11-96 ; 1:49PM ; SEVERSON SHELDON 612 681 4612;# 6/ 7 F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mador importance. CONCLUSIONS 1. Than this matter is properly brought before the Eagan City Council. 2. That the applicant has the burden of persuasion to establish compliance with the Eagan City Code provisions. 3. That the Eagan City Code (Section 11.40 Subd. 4, C) provides that the City Council shall issue Conditional Use Permits only if it finds such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be served adequately by essential public facilities and services, Including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 4. That the storage of 180,000 lbs. of gaseous undiluted chlorine in a tanker truck car poses a potential health, safety and welfare problem. 5. A release and evacuation would pose a significant inconvenience, danger and risk of harm to persons and property within and adjacent to the proposed evacuation area, 6. That there is no emergency plan to deal with a release of undiluted chlorine gas from the Hi -lex Corporation on file with the City of Eagan and as such the applicant l4" SENT BY: 3-11-96 ; 1:49PM ; SEVERSON SHELDON 612 681 4612;# 7/ 7 does not carry its burden of persuasion to prove that essential police and fire protection can adequately serve the site. 7. That by a preponderance of all of the information presented, the Eagan City Council determines that there is no basis to issue the Conditional Use Permit for outdoor storage of chlorine and sodium hydroxide at Lot 1, Block 1, Eagandale Corporate Square. RESOLUTION The City Council of the City of Eagan pursuant to City Code does hereby deny the issuance of the Condltional Use Permit to allow outdoor storage of chlorine and sodium hydroxide at the Hi -lex Corporation facility located at Lot 1, Block 1, Eagandale Corporate Square. Dated at Eagan, Minnesota this day of March, 1996. CITY OF EAGAN By: Thomas A. Egan Its, Mayor By: E.J. VanOverbeke Its: City Clerk �j 5 Agenda Information Memo March 19,1996 F. PROJECT 705, WESCOTT RD RESURFACING ACTION FOR COUNCIL CONSIDERATION: To authorize the preparation of a feasibility report for Project 705 (Wescott Road - Resurfacing). FACTS: • As a part of the 1996-2000 5 -Year CIP, Wescott Road Resurfacing has been programmed for 1996. • The preparation of a feasibility report will identify the scope of the project, estimated cost, and method of financing including any potential special assessments to benefitted properties. Agenda Information Memo March 19, 1996 . PROJECT 706 WILDERNESS_RUN RD - RESURFACING ACTION FOR COUNCIL CONSIDERATION: To authorize the feasibility report for Project 706 (Wilderness Run Road - Resurfacing). FACTS: As a part of the 1996-2000 5 -Year CEP, Wilderness Run Road Resurfacing has been programmed for 1996. The preparation of a feasibility report will identify the scope of the project, estimated cost, and method of financing including any potential special assessments to benefitted properties. Agendas Information Memo March 19, 1996 PROJECT 707 TH 149 & LONE OAK PARKWAY SIGNAL ACTION FOR COUNCIL. CONSIDERATION: To authorize the feasibility report for Project 707 (TH 149 & Lone Oak Parkway - Signal). FACTS: As a part of the 1996-2000 5 -Year CIP, TH 149 & Lone Oak Parkway Signal has been programmed for 1996. The preparation of a feasibility report will identify the scope of the project, estimated cost, and method of financing including any potential special assessments to benefitted properties. The installation of this signal was made a condition of the preliminary plat approval of the United States Postal Service Information Addition. Agenda Information Memo March 19,1996 L PROJECT 6158 MEADOWVIEW ROAD ACTION FOR COUNCEL CONSIDERATION: To receive the feasibility report for Project 615R (Meadowview Road - Streets & Storm Sewer) and schedule a public hearing to be held on April 16, 1996. FACTS: Project 615, providing for the installation of streets and utilities within Meadowview Road, was previously considered and subsequently denied at a public hearing held on August 20, 1991. Lull Engineering has slowly been expanding their present facility and increasing surface water runoff requiring storm sewer facilities. In reviewing alternatives available, the affected property owners and the City staff felt it would be appropriate to reconsider the improvements to Meadowview Road. Subsequently, the scope ofthe original project was revised and this report is now being presented to the Council for their consideration of scheduling a public hearing to formally present and discuss these new proposed improvements. (Draft report under separate cover.) l� Agenda Information Memo March 19,1996 J. PROJECT 664, WESCOTT SO FINAL ASSMTS ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project 664 (Wescott Square - Street Reconstruction) and schedule a public hearing to be held on April 16, 1996. FACTS: The reconstruction of the local residential streets within and adjacent to the Wescott Square Addition has been completed, all costs tabulated, and the final assessment roll prepared. This roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present this roll identifying all special assessments to benefitted properties. An informational neighborhood meeting has been scheduled for 6:00 p.m., Monday, April 1, to review the final assessments with any affected rmterested property owners. Agenda Information Memo March 19,1996 K. PROJECT 643R, OSLUND-TIMBERLINE ADDN FINAL ASSMTS ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project 643R (Oslund-Timberline Addition - Street Reconstruction) and schedule a public hearing to be held on April 16, 1996. FACTS: The reconstruction of the local residential streets within the Oslund-Timberline Addition has been completed, all costs tabulated, and the final assessment roll prepared. This roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present this roll identifying all special assessments to benefitted properties. An informational neighborhood meeting has been scheduled for 7:30 p.m., Monday, April 1, to review the final assessments with any affected/interested property owners. lg Agenda Information Memo March 19, 1996 Eagan City Council Meeting CONSENT AGENDA L. PARK NAMING, Lexington-Diffley Athletic Site and park adjacent to Red Pine Elementary School FOR COUNCIL ACTION: The City Council is asked to approve the official names for two park locations as recommended by the Advisory Parks, Recreation and Natural Resources Commission. Those names are Lexington-Diffley Athletic Park and Hidden Corner Park. FACTS: • A sub -committee of the Advisory Commission reviewed possible names for both parks after reviewing historical data, surrounding features, etc. • The Commission reviewed the issue at it's January and February meetings. • Three names were suggested for Red Pine School/Park site: 1. Hidden Corner Park 2. Hidden Pointe Park 3. Red Pine Park • Three names were suggested for the Lexington-Diffley site: 1. Lexington-Diffley Athletic Park 2. Lexington-Diffley Athletic Site (or Complex) 3. Touchdown Park • The Advisory Commission considered other names for each site as well. • The Commission reviewed historical information and found that the Lexington-Diffley site may have been used as a "touchdown" landing field for flight training of pilots in World War II. • The Commission also discovered that there were touchdown landings at a number of other areas south of the river which did not make this site unique. CONCERNS: None SUBSEQUENT WORK: Upon adoption by the City council, staff will construct and erect signage at the parks. ATTACHMENTS: Minutes of January and February Commission meeting which pertain to park naming, pages Cthrough. c6\prkname.cc l Advisory Parks, Recreation and Natural Resources Commission Minutes of January 16, 1996 Meeting Page 5 After significant discussion, Jonathan Widem moved, George Kubik seconded with all members voting in favor to make the following recommendations to the City Council relative to Kingswood Ponds. 1. This development shall be subject to a cash parks dedication on that portion of the property not having previously fulfilled parks dedication. 2. This development shall be subject to a cash trails dedication on that portion of the property not having previously fulfilled trails dedication. 3. This development was granted exemption from compliance of the Tree Preservation Policy by Eagan City Council on May 2, 1995. 4. The developer shall install Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 5. Impacts to the wetland associated with placement of house pads are avoidable and Lot 9 on the grading plan certified by Bob Wiegert on November 27, 1995 should be dropped from the site plan. 6. Filling of wetlands associated with use of Lot 8 for a building site should be limited to the deminimis provision allowed for under the Wetland Conservation Act (currently 400 sq. ft. per year up to a total of 763 sq. ft.). 7. The building and grading plan shall be reviewed by the City for this individual lot prior to issuance of the building permit in order to assure compliance with the de minimis provision in effect at the time of building permit application. This requirement shall be noted on the plat map for the subdivision. 8. The developer shall be required to increase the wet pond volume of Pond JP -5 by 5.6 acre-feet. A portion of the wet pond volume increase can be met by raising the normal water level of Pond JP -5 by a maximum of 1 foot, if approval to do so is received from the City and MnDOT. The balance of the wet pond volume increase (a minimum of 2.6 acre-feet) must be accomplished by excavation according to a plan approved by the City's Water Resources Coordinator. The developer shall pay for all costs associated with increasing the wet pond volume of Pond JP -5. The City shall proceed with and assume the cost for a by-pass of all Fish Lake outflows around/through )P-5 directly to Blackhawk Lake. This option achieves the greatest benefit to Blackhawk Lake PARK NAMING Lexington Diffley Athletic Site/Red Pine Superintendent Peterson explained that the Ad-hoc committee on park naming had met with staff to brainstorm names for Lexington Diffley and the park adjacent to Red Pine Elementary School. Their discussion resulted in the suggestion of Lexington Diffley Athletic Fields or Lexington Diffley Athletic Park and Hidden Corner Park, Hidden Pointe Park or Red Pine Park. a� Advisory Parks, Recreation and Natural Resources Commission Minutes of January 16, 1996 Meeting Page 6 Member Rudolph stated that the committee had tried to find a historic reference for the Lexington Diffley site, but felt that since it has been known by that name and also denotes the location of the park, they felt the name should remain as is. Member Vincent added that in a conversation with Councilmember Wachter, he had made reference to the field being used for a bi-plane landing, however was unaware of any other historic reference for that site. Member Thompson suggested that further research be done to see if there may be more information relevant to bi-plane landings at this site and offered to look into it further. Thompson offered to provide other name offerings for the Lexington Diff ley site at the February meeting. After a brief discussion, Stephen Thompson moved, John Rudolph seconded with all members voting in favor to recommend the name of Hidden Corner Park for the park identified adjacent next to Red Pine Elementary School. The naming of the park located at Lexington/Diffley will be deferred to the February meeting. TREE PRESERVATION ORDINANCE Forestry Supervisory Hove updated the Commission on the status of the Tree Preservation Ordinance noting that it has had substantial review at the sub -committee level. The document will be reviewed by the Economic Development Commission on January 25 and will then be brought back to the Advisory Commission at their February 20 meeting to approval and/or comments. ACQUISITION OF MCLEAN PROPERTY Director Vraa explained that Robert McLean of 871 Wescott Road has approached the City to donate the back portion of his lot for incorporation into Mueller Farm Park/Woodlands Elementary School. The parcel, Vraa continued, is approximately 1.9 acres in size, dominated by JP -31 which is classified as a Class 4 water body for wildlife habitat. Mr. McLean had originally requested that he retain an easement on a portion of the property on which a shed rests. It was noted that the survey results indicate that the shed is not on the property to be donated, therefore, an easement is not required. Director Vraa stated staff is looking for direction from the Commission as to whether they are interested in acquiring this parcel through donation. Stephen Thompson moved, George Kubik seconded with all members voting in favor to recommend to the City Council that the City accept the 1.9 acre parcel proposed for donation by Robert McLean. Member Markell suggested that the McLeans be invited to a future Commission meeting so that they can be publicly thanked for their generosity. Coordinator Brasch explained that the Hay Lake by-pass has been completed and wetland restoration will be the next phase of the Schwanz Lake project. Everything is on schedule to date. Relative to the Wetlands Buffer Ordinance, Brasch explained that there continues to be review by the Natural Resources Sub -committee. Drafts have been distributed to Department Heads and the City Attorney for their review and comments as well. It is expected that this issue will be back before the Advisory Commission in February. a( Advisory Parks, Recreation and Natural Resources Commission Minutes of February 20, 1996 Meeting Page 3 After further brief discussion Michael Vincent moved, George Kubik seconded with all members voting in favor to make the following recommendations: 1. This development would be subject to a cash parks dedication. 2. This development would be subject to a cash trails dedication. 3. There are no Tree Preservation issues with this development. 4. If the City Council finds that water quality mitigation requirements have not been met by past agreements, the developer shall be subject to an on-site ponding requirement. To the degree that the on-site ponding design provided by the developer is inadequate to meet full mitigation requirements, a cash dedication will be required. OLD BUSINESS PARK NAMING Superintendent Peterson explained that at the January meeting this item was addressed and time was requested to look at other aspects for naming the Lexington Diffley Athletic Complex. The stories relative to naming this site were related to airplane touchdown locations during World War II for pilots in training. While speaking with several members of the community most remembered planes flying by but do not recall much else. Superintendent Peterson reiterated that the two names for the Commission to consider were Lexington Diffley Athletic Fields or Lexington Diffley Athletic Park. Member Thompson responded that the information he found said there were definitely touchdown flights. He also went to the Historical Society and pulled out some flat maps. Member Thompson offered 2 other name options rather than naming the park after the intersection where it's located. One option was to name the park in honor of the Quigley's, even though there is a lake named after them. Another possibility is to give historical honor to the aviation industry by naming the park Bi -plane Landing Athletic Fields. Member Thompson continued that after polling a number of people, most were not in favor of the name "Lexington Diffley Athletic Complex"; they wanted something more than just an intersection name. Member Kubik addressed Chair Markell by saying that the Lexington Diffley Athletic Park name gives location of the field and the athletic park destination and gives a feeling of what is located at that site. Member Kubik made the recommendation that the Lexington Diffley Athletic Park name be accepted. John Rudolph seconded. Those voting aye included: Members Ahern, Callister, Kohlnhofer, Kubik, Markell, Petersen, Rudolph, Szott and Tyler. Those voting nay included Members Thompson and Vincent. The motion was passed. TREE PRESERVATION ORDINANCE FINAL DRAFT Forestry Supervisor Hove briefly explained the final draft of the Tree Preservation Ordinance and the process over the last several months as directed by the City Council. The Advisory Planning Commission public hearing will be held next Tuesday and this issue will then be presented at the March 4 City Council Meeting. After a brief description of the ordinance for the new members Forestry Supervisor Hove ended his presentation. Agenda Information Memo March 19, 1996 Eagan City Council Meeting M. RESOLUTION, APPLICATION FOR ONE -DAY OFF-SITE GAMBLING. CHILDREN'S PROGRAM OF NORTHERN IRELAND AT CRAY RESEARCH ACTION TO BE CONSIDERED: To approve a resolution for one -day off-site gambling at Cray Research as presented. FACTS: • Staff has received an application from Joseph Reid on behalf of the Children's Program of Northern Ireland to conduct a one -day charitable gambling activity at Cray Research on April 13, 1996. This application has been reviewed by staff and the Police Department and is in order for consideration by the Council at this time. ATTACHMENTS: - Resolution on pagC2 - Application and investigation information enclosed without page number. W_ RESOLUTION CITY OF EAGAN APPLICATION FOR ONE -DAY OFF-SITE LAWFUL GAMBLING LICENSE WHEREAS, Children's Program of Northern Ireland has applied for a one - day off-site lawful gambling license; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; NOW, THERFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the application for one -day off-site lawful gambling license for Children's Program of Northern Ireland. Motion made by - Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest. Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of March, 1996. E. J. VanOverbeke, City Clerk City of Eagan Nil Agenda Information Memo March 19, 1996 Eagan City Council Meeting N. RECOMMENDATION, AIRPORT RELATIONS COMMISSION, EVALUATION OF NOISE ABATEMENT DEPARTURE PROFILES ACTION TO BE CONSIDERED: To formally support the implementation and evaluation of the "close -in" noise abatement departure profile for use on the parallel runways southeast of Twin Cities International Airport. ATTACHMENTS: • Staff memorandum on page" — city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MARCH 13, 1996 MEMO SUBJECT: ARC RECOMMENDATION FOR EVALUATION OF CLOSE -IN DEPARTURE PROFILE At its meeting of March 12, the Eagan Airport Relations Commission recommended that the City support the implementation and evaluation of the Close -In noise abatement departure profile for aircraft operating southeast of the airport. Preliminary analysis of the profile suggests that it has the potential for aircraft to reach a 3000' climb altitude approximately one-half mile earlier than the current Distant procedure without increasing the net number of homes within significant noise contours close to the airport. The MAC is currently considering the implementation of noise abatement departure profiles from each runway end. Consistent with federal regulations, each airline has developed a Close -In departure procedure intended to reduce noise impacts close to the runway end a Distant procedure intended to reduce impacts farther from the runway end. In the case of Northwest Airlines, the departure procedure which has been in place for most of the last two decades is the Distant procedure. Despite their intended purposes, noise contour analyses suggest that the Close -In procedure may actually offer benefits for downrange Eagan neighborhoods because it places aircraft higher when they leave the corridor than does the current Distant procedure. For this reason, and because the community has significant experience with the latter, the Commission believes that the City should support implementation of the Close -In procedure and request that actual noise impacts be monitored on an ongoing basis to determine whether the procedure is an actual improvement over current practice. The MAC indicates that it is open to a recommendation of this kind. gAssistrto—the Calftg Administrator Agenda Information Memo March 19, 1996 Eagan City Council Meeting CONSENT AGENDA O. INDEMNIFICATION AGREEMENT, Access to O'Neil Property FOR COUNCIL ACTION: To approve an agreement indemnifying the owners of the O'Neil property from claims of damages or liability as a result of the Department of Parks and Recreation's effort to salvage material from the old Sell farm. FACTS: • The Parks and Recreation Department contacted the owners of the O'Neil property to request that the City be allowed to remove (salvage) barn boards and other items for possible use at the Holz Farm. • City staff has reviewed the Sell farm for salvageable material and found some limited items which may be of future use at the Holz Farm. • Opus Corporation will be demolishing the remaining structures on the property. • Opus has not yet taken title to the property but is willing to give permission to the City to remove items. • An agreement has been drafted and then reviewed by the City Attorney's office. • The Attorney's office has no objection to the agreement. • The Agreement will be effective upon approval of the City Council and signed by the parties involved. • The agreement expires upon the earlier date their personal representatives cease to own the O'Neil farm property or date of written notice of termination. CONCERNS: The City takes on some 'risk' by indemnifying the owners of the property. ATTACHMENTS: Copy of Agreement, pages it hrow h 3.2, c6\ho1zagrm.cc 'AWRENCE MAYES- �EROME B SIMON JOHN C.JOMANNESON JAMES W. BREH L' BRUCE G.ODLAUG ALBERT A. WOODWARO GARRETT E MULROONE" WILLIAM J.HASS!NG' JAMES AGALLAGHER CHARLES BANS BARRY A.GERSICK GEOFFREY P.JARPE^ RICHARD M. GAALSWYK LARRY S. GUTHRIE SETH M. COLTON HAROLD LEVANDER. JR. -ALSO ADMITTED IN WISCONSIN REPLY TO: St. Paul VIA FAX AND M. AIL Mr. Robert B. Bauer MAUN&SIMON,PLC SAINT PAUL OFFICE J. PATRICK SR{NKMAN- RICHARD C.SALMEN 23CO WORLC TRADE CENTER JOHN J. BOWDEN 30 EAST 7T4 S-PEET P41LIP T. COLTON RU'.H SILSETH MARC=-" SAINT PAUL,MINNESOTA S310'-4904 ,JOHN R. -ANOIS TELEPHONE 612-229.2900 MARK R. GLEEMAN TELECOP'ER 612-229-2600 STEPHEN E.YOCH JENNIFER A.TENENSAL:M JARH B. DEO ER MINNEAPOLIS OFFICE MARTA r. KEON 2900 NOPWEST CENTER OF COUNSEL 90 SOUTH SEVENTH STREET JOSEPH M NEMO.-R. MINNEAPOLIS, MINNESOTA 55402-4133 TELEPHONE 612-336-1113 RETIRED MERLYN C. GREEN TELECOPIER 612-338-2271 JOSEPH A. MALN 1909-1991 March 11, 1996 Severson. Sheldon, Dougherty & Molenda. P.A. 7300 West 147th Street. Suite 600 Apple Valley, MN 55124-7538 0 J . Lill Landscape Axchitect/Park Planner City of Eagan 3830 Pilot Knob Road Eagan. MN 55122-1897 Dear :Messrs. Bauer and Lilly: We are attorneys for the Estates of Robert O'Neil and Grace O'Neil, both now deceased. with respect to the O'Neil farm at 35E and Yankee Doodle Road in Eagan, described in the attached Exhibit A which is incorporated herein by reference (the "O'Neil farm property"). As you are aware, Opus Corporation and its affiliate, Opus Northwest, L.L.C., hold an option for purchase of the O'Neil farm property. You have requested that the O'Neil family allow representatives of the City of Eagan Parks and Recreation Department io enter upon the O'Neil farm property and remove wood and other construction materials from the farm buildings. For various reasons, including the terms of the Opus option agreement, the personal representatives of the Estates of Robert O'Neil and Grace O'Neil are unable to enter into the Agreement as proposed by Mr. Bauer. PROVIDING {2 YEARS Or LEGAL SER1.'CES MAUN& SIMON, PLC Mr. Robert B. Bauer Mr. C. J. Lilly March 11, 1996 Page 2 However, assuming that the. Opus companies consent by executing copies of this letter, if this letter is executed by the City of Eagan and signed by the City Attorney to evidence the City Attorney's opinion that the City and its officers have the authority to indemnify, hold harmless, and defend the personal representatives as this letter provides, the personal representatives of the estates have indicated they will execute this letter to authorize the City of Eagan and its representatives to enter upon the O'Neil farm and remove wood and other construction materials from the farm buildings, with such authorization applying to the period from noon on Thursday, March 14, 1996, until the earlier of the date the personal representatives cease to own the O'Neil farm property or the date written notice of termination of the authorization is delivered to the City of Eagan. It is anticipated that the O'Neil farm property will be acquired by Opus or by its assignee or nominee. Upon such acquisition of the property, no entry upon or removal of anything from the O'Neil farm property is authorized without the specific written authorization of Opus or its assignee or nominee acquiring the O'Neil farm property. The farm buildings and related improvements on the O'Neil farm property obviously are severely depreciated and in disrepair. Working in or about the buildings and improvements may be hazardous, particularly if persons or equipment are engaged in the removal of parts and structural members from the buildings and other improvements. The authorization of entry upon the O'Neil farm property and the removal of wood and other construction materials therefrom is conditioned upon the promise of the City of Eagan by its execution of this letter in the space allotted below that it will indemnify, protect, hold harmless, and defend the personal representatives, First Trust Company, Robert J. O'Neil, Jr., Maureen O'Neil, and Michael O'Neil, Opus Corporation and Opus Northwest, L.L.C., and their successors and assigns, from any and all claims, damages, losses, liability, and expense arising out of or in any way related to the entry of the City or its representatives upon the O'Neil farm property and their actions or failure to act while on the property, including, among other things, their activities in or about the farm buildings and in connection with the removal of wood and other construction materials from the farm buildings, except that the City shall not be liable for the value of any wood or construction materials removed from the O'Neil farm property or for any damage to the farm buildings or improvements themselves occurring in the process of removal of parts thereof. It is expected that if upon the removal of any parts of the buildings or other improvements the buildings or other improvements are unsafe, the City and its representatives shall break -down, level or otherwise render the buildings and other improvements safe as the work proceeds and before withdrawing from the O'Neil property. For purposes hereof, the "City %4V MAIN& SIMON, PLS Mr. Robert B. Bauer Mr. C. J. Lilly March 11, 1996 Page 3 and its representatives" means and includes the City, its officers, employees, volunteers, contractors and subcontractors, and other agents and representatives. The City also agrees to indemnify, protect, hold harmless and defend the personal representatives against claims of mechanic's lien or of all other forms of real estate interest arising out of the activities of the City and its representatives, and the City agrees to make all of its arrangements such that all contractors and subcontractors and other persons engaged on behalf of the City agree that no mechanic's lien statements or other claims of real estate interests shall be filed against the O'Neil farm property. The authorization provided hereby does not and will not be asserted by any of the parties to be an easement, license, or other interest in real estate. Please cause four copies of this letter to be executed by the City to indicate its agreement to the indemnity and other promises and agreements provided above and to the other terms hereof, and please cause the City Attorney to execute this letter as indication of his opinion that the City has the authority to agree to the indemnification and other terms hereof. Please return those four copies to us as soon as possible. Immediately upon their receipt, we will have the letter executed by the personal representatives, submit them to the Opus entities for execution of their consents, and return a copy to you when fully executed. JWB: eas Enclosures Understood and Agreed as of the 14th day of March, 1996: CITY OF EAGAN By Its Mayor By Its City Clerk Very yours, j; ✓� Brehl Reviewed and Approved as within the Authority of the City of Eagan and Its Officers, as of the 14th day of March, 1996: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. By Robert B. Bauer Attorneys for City of Eagan �a MAUN& SIMON, PLC Mr. Robert B. Bauer Mr. C. J. Lilly March 11, 1996 Page 4 Consented to as of the 14th day of March, 1996: OPUS CORPORATION OPUS NORTHWEST, L.L.C. By_ Its By_ Its Understood and Agreed as of the 14th day of March. 1996: FIRST TRUST COMPANY, a National Banking Association. as Personal representative of the Estate of Robert J. O'Neil By_ Its Robert J. O'Neil. Jr., as Personal Representative of the Estate of Grace M. O'Neil Michael J. O'Neil, as Personal Representative of the Estate of Grace M. O'Neil 3/11/96,JYB,81782_1S (Legal Description) The land herein refen-ed to is situated in the County of Dakota, State of Minnesota and is described as follows: PARCEL A: The East two-thirds or the Southeast Quarter of the Southwest Quarter of Section 10, Township 27, Range 23, Except that part thereof shown as Parcel 65 on Minnesota Department of Transportation Right or Way Plat No. 19-44, and also Except that part thereof described as follows: Commencing at the Southwest corner of the East two-thirds of said Southeast Quarter of the Southwest Quarter; thence North along the West line thereof a distance of 558.73 feet; thence deflecting 90 degrees right a distance or 30.00 feet to the point of beginning; thence continuing East along the last described line a distance of 208.73 fest; thence deflecting 90 degrees right a distance or 208.73 feet; thence deflecting 90 degrees right a distance or 208.73 feet; thence deflecting 90 degrees right a distance or 208.73 feet to the point of beginning. PARCEL B: The South Half of the Southeast Quarter of Section 10, Township 27, Range 23, Except the North 373.72 feet of the East 264 feet thereof, and also Except the South 165 feet of the :north 703.72 feet of the East 264 feet thereof. PARCEL C: The South Half of the Northwest Quarter of the Southeast Quarter of Section 10, Township 27, Range 23. 3a- Agenda Information Memo March 19,1996 P. PROJECT 709, KENNEBEC DR & TH 13BLACKRAWK RD ACTION FOR COUNCIL CONSIDERATION: To receive a petition and authorize the Preparation of a feasibility report for Project 709 (Kennebec Drive Streets & TH 13/131ackhawk Road Signals). FACTS: On September 5, 1995, the City Council approved the preliminary subdivision and plat for the RiverPark Office Complex located north of TH 13 and south of Yankee Doodle Road. One of the conditions of approval was the requirement to extend Kennebec Drive from Blackhawk Road to provide service to this proposed Office Park expansion. In performing the traffic analysis required for the Environmental Assessment Worksheet (EAW) and the Indirect Source Permit (ISP), it was also identified that the intersection of TH 13 and Blackhawk Road is in need of signalization. The developers have also requested that the present west end dead- end configuration of Yankee Doodle Road be completed to City standards with a full cul-de-sac. City staff has received a petition for these public improvements which is being presented to the Council for their consideration of authorizing a feasibility report to identify the scope of the project, the estimated cost, and method of financing. 3-3 Agenda Information Memo March 19,1996 Eagan City Council Meeting Q. FINAL PLANNED DEVELOPMENT - RAHNCLIFF DAIRY QUEEN - LOT 2• BLOCK 1. RAHNCLIFF 2ND ADDITION ACTION TO BE CONSIDERED To approve the Final Planned Development to allow a 2,780 sq. Ft. Dairy Queen restaurant with drive-through window on Lot 2, Block 1, Rahncliff 2nd Addition. FACTS On October 2, 1995, the City Council approved an amendment to the Rahncliff Addition Preliminary Planned Development to allow the Dairy Queen restaurant on Lot 2, Block 1, Rahncliff 2nd Addition. The applicant has submitted plans that are in conformance with the preliminary plans approved by Council and therefore, are requesting Final Planned Development approval. BACKGROUND/ATTACHMENTS (2) Area map showing property under consideration, page Site plan, page 3� R 0 .. o ��K Wil` •.14 rcy ��YOaLICr: y � �ff �aYrA++r oEERw000 jn OR 'rot;IK jr. rwtorr[ ��at NELIAH r PARK 1. Itronw!UL i 7s*uia + C7 iG 1. 2 I` b ' 1 r+WONI� PT. aLftlowfm may or r[. I a 1 GT. a ' dtL[► AN 1 , p1 lr w yyy���11 nA 7t % 19 wwro"� p- I s 431 v " PARK r ! L _. MAW"x RAF1Pl V a 'A� PA ' r RK 44 CLJ�F g Ery Tr d LAKE' air COAD ---- ---------- — — "�f-- 'P o 86 . CALAZE WAY Nolcu If WAY r 7rf4 a RAFT/ WA .. I.� C7. p 4i til M SCR KE LIL C1 .g\ -7-- i 11 ' •Ll sn 1,1,tt. `1 �� coy a �( t] PAR �I s�� V.�- IL 3 1 RDCELiFf' 1 1- aK PT. %&- ,-wMTO( PT. I y UAW PT. IM arlpi PT. T al J� MhLfTua /1. M.- somal K. i CT. OL r r` �'i `• a- GLAQ PT. Vt Hula of. w PT. on. • M "U" PT. NM Ntal01 n. !!t!!!a PT. :a- StAKMI R. , • 4- w1lw PT. BL- .LIA Pf. ,4"s �Qq�u►L LAR! LOCATION !le! ti[ ILl/IM at. 94 Lifts - Ou p'lpmwot tYt i d A i •.LOsaNNlii 1�►rf�R� 9U/f/01 11l. _ iltYiap ONY Nf1d ails e Z Q • t o EE W •.LOsaNNlii 1�►rf�R� 9U/f/01 11l. _ iltYiap ONY Nf1d ails e Z Q • J ' i I I V t� �{I �► ���� sou � ��� LU �lr�l o� Agenda Information Memo March 19, 1996 Eagan City Council Meeting A. YMCA OF GREATER ST PAUL ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS ACTION TO BE CONSIDERED: To close the public hearing and approve the resolution approving the issuance and sale of $1,086,000 commercial development revenue note, series 1996 and authorizing the execution of documents relating thereto (YMCA of Greater Saint Paul Project). FACTS: • The City has been asked to provide conduit financing for the acquisition and construction of a swimming pool and other athletic facilities in Eagan and to finance a gymnasium and other athletic facilities in Woodbury. • The bond issue is expected to be $1,086,000 and will have no impact on Eagan's ability to issue bonds for its own use as necessary. • The City will have no financial obligations regarding the bond issue. • A resolution was approved at the February 20, 1996 meeting giving preliminary approval to the project and setting the public hearing for March 19, 1996. • Representatives from the YMCA and their law firm will be present at the meeting to answer questions. ATTACHMENTS: • Resolution on page through 3 RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE $1,086,000 COMMERCIAL DEVELOPMENT REVENUE NOTE, SERIES 1996 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (YMCA OF GREATER SAINT PAUL PROJECT) BE IT RESOLVED by the City Council of the City of Eagan, Minnesota (the "City"), as follows: SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findings. The City hereby finds, determines and declares as follows: 292154.3 (a) The City is a political subdivision of the State of Minnesota and is authorized under Minnesota Statutes, Section 469.152 to 469.165, as amended (the "Act") to assist the revenue producing project herein referred to, and to issue and sell. the Notes, as hereinafter defined, for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. (b) Pursuant to a resolution adopted on February 20, 1996, the City has heretofore given its preliminary approval to the issuance of its revenue note in the principal amount of $1,086,000 (the "Note") to provide funds to be loaned to the YMCA of Greater Saint Paul, a nonprofit corporation organized under the laws of the State of Minnesota (the "Borrower") to finance the acquisition, construction and equipping of improvements to its facilities located in the City of Eagan and the City of Woodbury, which facilities are owned and operated by the YMCA of Greater Saint Paul, a Minnesota nonprofit corporation (collectively the "Project") . (c) As required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the City has, on March 19, 1996, held a public hearing on the issuance of one or more revenue notes to finance the Project. (d) The issuance and sale of the $1,086,000 Commercial Development Revenue Note, Series 1996 (YMCA of Greater Saint Paul Project) (collectively, the "Note") by the City, pursuant to the Act, is in the best interest of the City, and the City hereby determines to issue the Note and to sell the Note to Norwest Investment Services, Inc. (the "Lender"), as provided herein. The City will loan the proceeds of the Note (the "Loan") to the Borrower in order to finance the Project. 292154.3 (e) Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into between the City and the Borrower, the Borrower has agreed to repay the Note in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to the construction, the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and the Borrower deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has been submitted to the City Council. (f) Pursuant to a Pledge Agreement to be entered into between the City and the Lender, the City has pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). A draft of the Pledge Agreement has been submitted to the City Council. (g) Pursuant to a Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage") to be executed by the Borrower in favor of the City, the Borrower has secured payment of amounts due under the Loan Agreement and Note by granting to the City a mortgage and security interest in the property described therein. Pursuant to an Assignment of Mortgage executed by the City (the "Assignment"), the City has assigned the Mortgage to the Lender. A draft of the Mortgage and Assignment have been submitted to the City Council. (h) Pursuant to an Escrow Agreement (the "Escrow Agreement") by and between the Borrower and the Lender, the Lender will disburse the proceeds of the Note to the Borrower to construct the Project. (i) Pursuant to a First Amendment to Loan Agreement dated April 1, 1996, by and between the City and the Borrower (the "First Amendment to Loan Agreement"), the Loan Agreement dated as of June 1, 1995, has been cross defaulted with the Loan Agreement to be entered into between the City and the Borrower in connection with the issuance of the Note. (j) The Note will be a special limited obligation of the City. The Note shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the City be subject to any 2 3 q liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. (k) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the costs of the Project. 1.2 uthori a i n and Ratification of___Projrqt. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of the Act and subject to the terms and conditions imposed by the Lender, to provide for the construction of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of other municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority,. 1.3 Aesigng&ion as Qualified Tax -Exempt Obligation. In order to qualify the Note as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations; 292154.3 (a) the Note is issued after August 7, 1986; (b) the Note is not a "private activity bond" as defined in Section 141 of the Code, treating "qualified 501(c)(3) bonds" as not being private activity bonds; (c) the City hereby designates the Note as a "qualified tax-exempt obligation" for purposes of Section 265 (b) (3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1995 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1995 have been designated for purposes of Section 265(b)(3) of the Code. 4c) SECTION 2. THE NOTE. 2.1 Authorized Amount and Form _of Note. The Note issued pursuant to this Resolution shall be in substantially the form attached as Exhibit A with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total aggregate principal amount of the Note that may be outstanding hereunder is expressly limited to $1,086,000, unless a duplicate Note is issued pursuant to Section 2.7. 2.2 The Note. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2.3 Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and Clerk and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2.4 Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (a) the Loan Agreement; (b) the Pledge Agreement; (c) the Mortgage; (d) the Assignment; (e) the Escrow Agreement; (f) First Amendment to Loan Agreement. (2) an opinion of Counsel for the Borrower as prescribed by the Lender and Bond Counsel; 292154.3 4 4I (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) a 501(c)(3) determination letter from the Internal Revenue Service evidencing that the Borrower is exempt from income taxation under Section 5014c)(3) of the Code; (5). such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2.5 Disposition of Note Proceeds. Upon delivery of the Note to Lender, the Lender shall, on behalf of the City, disburse the proceeds of the Note for payment of Project Costs in accordance with the terms of the Escrow Agreement. 2.6 Re i tration of Transfer. Notwithstanding anything herein to the contrary, although the Note is being issued in the form of three separate instruments, the aggregate principal amount of the Note shall always be registered in the name of only one registered owner. The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the Clerk, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the within Note of the City of Eagan, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City with full power of substitution in the premises. The undersigned certifies that the transfer is made in accordance with the provisions of Section 2.9 of the Resolution authorizing the issuance of the Note. Dated: Registered Owner Upon such transfer the Clerk shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note. 292154.3 5 2.7 Mutilated. Lost or Destroyed Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2.8 Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as -the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2.9 Limitation n NoTransfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except upon receipt of a written opinion of Bond Counsel that an exemption exists for such transfer. 2.10 Issuance of_New Notes. Subject to the provisions of Section 2.9, the City shall, at the request and expense of the Lender, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. SECTION 3. MISCELLMOUS. 3.1 Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute.or rule or public policy, or for any other reason, such circumstances shall not have the effect of 292,54.3 6 4 3 rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 3.2 Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 3.3 Authorization to Execute Agreements. The forms of the proposed Loan Agreement, the Pledge Agreement, the Mortgage and the Security Agreement are hereby approved in substantially the form heretofore presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel and the City Attorney prior to the execution of the documents, and the Mayor and Clerk of the City are authorized to execute the Loan Agreement and the Pledge Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. The motion for the adoption of the foregoing Resolution was duly seconded by , and upon vote being taken, the following voted in favor thereof: and the following voted against the same: 292154.3 7 and the following were absent: whereupon, said Resolution was declared duly passed and adopted and signed by the Mayor and attested by the City Clerk. Adopted: March 19, 1996 Mayor of the City of Eagan Attest: Clerk 292154.3 8 EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN Commercial Development Revenue Note, Series 1996 (YMCA of Greater Saint Paul Project) $1,086,000 FOR VALUE RECEIVED the CITY OF EAGAN, Dakota County, Minnesota (the "City") hereby promises to pay NORWEST BANK INVESTMENT SERVICES, INC., in Minneapolis, Minnesota, its successors or registered assigns (the "Lender"), from the source and in the manner hereinafter provided, the principal sum of ONE MILLION EIGHTY-SIX THOUSAND AND NO/100 DOLLARS ($1,086,000), or so much thereof as remains unpaid from time to time (the "Principal Balance"), with interest thereon from the date hereof until paid or otherwise discharged at the rate of %- per annum, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. The Principal Balance and accrued interest hereon shall be amortized and paid in the semiannual installments set forth on Appendix 1 attached hereto, commencing on October 4, 1996, and on each April 4 and October 4 and thereafter through and including April 4, 2006 (the "Final Maturity Date"), at which time any remaining Principal Balance and accrued interest thereon shall be paid in full. Payments shall be applied first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance. 2. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any premium or service charge, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 360 day year, but charged for the actual number of days elapsed. 3. Principal and interest and premium or service charge, if any, due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. 292154.3 A-1 4. This Note is issued by the City to provide funds for a project, as defined in Minnesota Statutes, Section 469.152, consisting of the acquisition, construction and equipping of social and recreational facilities by the YMCA of Greater Saint Paul, a Minnesota nonprofit corporation (the "Borrower") pursuant to a Loan Agreement dated as of April 1., 1996 by and between the City and the Borrower (the "Loan Agreement"), and this Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Sections 469.152 to 469.165 and pursuant to a resolution of the City Council duly adopted on March 19, 1996 (the "Resolution',). 5. This Note is secured by a Pledge Agreement of even date herewith between the City and the Lender (the "Pledge Agreement") and is further secured, on a parity with the City's Commercial Development Notes, Series 1995A, B and C (YMCA of Greater Saint Paul Project), by a Mortgage, Security Agreement and Fixture Financing Statement, of even date herewith executed by the Borrower, as mortgagor, in favor of the City, as mortgagee (the "Mortgage"). 6. The City, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor; and to the extent permitted by law, the Lender may extend interest and/or principal of or any service charge or premium due on this Note, including the Final Maturity Date, or release any part or parts of the property and interest subject to the Mortgage or to any other security document from the same, all without noticeto or consent of any party liable hereon or thereon and without releasing any such party from such liability and whether or not as a result thereof the interest on the Note is no longer exempt from the federal or state income tax. In no event, however, may the Final Maturity Date of the Note be extended beyond thirty (30) years from the date hereof. 7. This part, at the option equal to the "After Schedule 1 attached Note may be prepaid of the Borrower, at Payment Termination hereto. in whole, but not in any time, at a price Values" set forth on 8. Upon the occurrence of certain Events of Default, as defined in the Loan Agreement and Mortgage, the Lender may declare the Principal Balance and accrued interest on the Note to be immediately due and payable. 9. In the event of prepayment of this Note, the Lender shall apply any such prepayment against the accrued interest on the Principal Balance and finally against the final principal amounts due under the Note. The semiannual payments 292154.3 A-2 f due under paragraph 1 hereof, shall continue to be due and payable in full until the entire Principal Balance and accrued interest due on this Note have been paid regardless of any partial prepayment made hereunder. 10. As provided in the Resolution and subject to certain limitations set forth therein, this Note is only transferable upon the books of the City at the office of the City Clerk, by the Lender in person or by its agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender or its duly authorized agent. Upon such transfer the Clerk will note the date of registration and the name and address of the new registered owner in the registration blank appearing below. The City may deem and treat the person in whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving.payment of or on the account, of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 11. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Mortgage, the Loan Agreement and the Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 12. This Note and interest thereon and any service charge or premium, if any, due hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement and the Mortgage and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 292154.3 A- 3 13. If an Event of Default (as that term is defined in the Mortgage and the Loan Agreement) shall occur, then the Lender shall have the right and option to declare, upon ten (10) days written notice, the Principal Balance and accrued interest thereon, immediately due and payable, whereupon the same, plus any premiums or service charges, shall be due and payable, but solely from sums made available under the Loan Agreement and the Mortgage. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 14. The remedies of the Lender, as provided herein and in the Mortgage, the Loan Agreement and the Pledge Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 15. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 16. The City has designated this Note as a "qualified tax-exempt obligation's pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 17. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. The City acknowledges that the Lender intends to enter into a participation agreement with one or more institutional investors. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist to happen and to be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. 292154.3 r A-4 IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor and Clerk, the corporate seal having been intentionally omitted as permitted by law, and has caused this Note to be dated as of , 1996. CITY OF EAGAN, MINNESOTA Mayor Attest: Clerk 242154.3 A-5 PROVISIONS AS TO REGISTRATION The ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Eagan in the name of the holder last noted below. Date of Registration 292154.3 Name and Address Registered Owner Norwest Investment Services, Inc. Sixth & Marquette Mpls, MN 55479-0146 Signature of Clerk APPENDIX 1 Semiannual Payments 292154.3 A-7 SC?-- Agenda Information Memo March 19,1996 Eagan City Council Meeting B. WAIVER OF SUBDIVISION, LEE AND DENISE BENNETT ACTION TO BE CONSIDERED To approve or deny a Waiver of Subdivision to allow a lot line shift of the common lot line between Lots 27 and 28, Block 1, Great Oaks Addition, subject to the one condition listed in the staff report. FACTS ► The Great Oaks Addition -was platted in 1992. Lot 28 contains an existing home and this Waiver of Subdivision request is not associated with any additional development on that property. Although Lot 27 has not yet developed, this Waiver of Subdivision request has no direct development associated with it. The Bennetts are requesting this lot line shift in order to gain ownership and control of a 28" oak tree located on the very northwestern portion of Lot 27. BACKGROUND/ATTACHMENTS (1) Staff report, pages 2through. .53 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 13, 1996 APPLICANT: Denise M. Bennett PROPERTY OWNERS: D.M. Bennett & Robt. Engstrom Cos. REQUEST: Waiver of Subdivision LOCATION: 837 Great Oaks Trail COMPREHENSIVE PLAN: D -I, Single Family ZONING: R-1, Single Family SUMMARY OF REQUEST CASE #: 14-W-3-3-96 HEARING DATE: March 19, 1996 PREPARED BY: Mike Ridley Denise Bennett is requesting approval of a Waiver of Subdivision to allow a minor lot line shift of the common lot line between Lots 27 & 28, Block 1, Great Oaks Addition at 837 Great Oaks Trail located east of Elrene Road and south of Ivy Lane in the NE 1/4 of Section 14, AUTHQRITY FOR REVIEW City Code Section 13.40, Subd. 3 states that the Council may grant variances from the strict application of the provisions of the Subdivision Regulations and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of Chapter 13. BACKGROUND/HISTORY The Great Oaks Addition was platted in 1992. Both Lots 27 and 28 Block 1, Great Oaks Addition are located in the northwestern portion of the Great Oaks subdivision. Presently of the two lots, only Lot 28, which is owned by the Bennetts, has an existing home on it. 54 Planning Report - Bennett Waiver of Subdivision March 19, 1996 Page 2 EVALUATION OF REQUEST The proposed waiver will shift the common lot line at its widest point approximately 30' to the east. Both lots involved with this request exceed the standard R-1 lot size requirements and this proposed waiver to allow this lot line shift will result in approximately 2,150 sq. ft. of Lot 27 being separated off and attached to Lot 28. After the waiver, the resulting lot sizes will be as follows: Lot 27 will have an area of 19,381 sq. ft. and Lot 28 will have an area of 24,040 sq. ft. Ms. Bennett is requesting this lot line shift because there is a 28" oak tree located on the very northwestern portion of Lot 27 that she would like to have ownership and control of. �Yilu' 1►�l�;'J�iZi � � Lot 28 has an existing home on it and this waiver request is not associated with any additional development on that property. Although Lot 27 has not yet developed, this waiver application has no direct development associated with it. ACTION TO BE CONSIDERED To approve/deny a Waiver of Subdivision to allow a lot line shift of the common lot line between Lots 27 & 28, Block 1, Great Oaks Addition subject to the following condition: This Waiver of Subdivision shall be recorded at Dakota County within 60 days of Council action and documentation provided to the City. SS 'SNOSVJU a �i ' roc - ewr �lttria. i 1 I I 1 S)1VO IVRWO 92INrdROO Mid1SONA lM30M irl W AVVMWUw Si Agenda Information Memo March 19,1996 C. PROJECT 693. CEDAR GROVE 11TH & 12 ADDN FINAL ASSMTS ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve the final assessment roll for Project 693 (Cedar Grove 11th & 12th Addition - Streetlights) and authorize its certification to Dakota County. FACTS: • The installation of local residential neighborhood streetlights within the Cedar Grove 11th & 12th Addition was approved under Project 693 at a public hearing held on October 2, 1995. • Upon the completion of the installation and tabulation of costs, the final assessment roll was presented to the City Council on February 20 and a public hearing has been scheduled for March 19 to formally present the final costs associated with this project. • On March 5, 1996, an informational neighborhood meeting was held to present the final costs to the affected property owners. • No property owners attended the informational meeting. • The final assessment rate equaled the estimate contained in the feasibility report. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: Assessment roll summary and report, pages through FINAL ASSESSMENT HEARING PROJECT NUMBER: 693 ASSESSMENT HEARING DATE: March 19. 1996 SUBDIVISION/AREA: Cedar Grove 11 & 12 PUBLIC HEARING DATE: October 2 1995 IMPROVEMENT INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report SANITARY FINAL F.R. SEWER RATES RATES Truck ❑ Laterals Service IlLat Benefit/Trunk STORM FINAL SEWE RATES Trunk Outerals Lat. Benefit/Trunk F.R. TES WATER STREETS Tn Gravel Base Laterals ❑ Surfacing Service ❑ Res. Equiv. Lat Benefit/Trunk- Multi Equiv. WAC ❑ C/I Equiv. 0 Trail SER�CES STREET LIGIiTS 0 Water & San. Sewer IgInstallation 5294.41 /Lot Equiv. _5294.41 /Lot Equiv. 11 Energy Charge CONTRACT # OF NO. PARCELS TERMS . n 1; Years INTEREST AMOUNT aR= -CITY RATE - ASSESSED FINANCED $15,015.00 S 0.00 70/_ IS 014.91 52.118.9811) COMMENTS: (1) Feasibility report did not include costs for adopted standards (break away poles) Break away poles were i_ns�led however these additional coasts were not FM A=m.fim S1 _ city of eagan MEMO TO: DEANNA KIVI, SPECIAL ASSESSMENT CLERK FROM: GERALD R. WOBSCHALL, CONSULTANT DATE: FEBRUARY 7, 1996 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 693 STREETLIGHT INSTALLATION Project 693 provided for the installation of 11 streetlights serving the properties in the Cedar Grove 11th and 12th Additions. All work has now been completed, and all costs associated with this project have been tabulated in preparation of the Final Assessment Hearing. The Final Assessment Hearing is scheduled for March 19, 1996. The following information was used in the preparation of the Final Assessment Roll. I. PROJECT COST Total Construction Other Assessable Improvement Costs Costs Costs Streetlights $14,050.00 $3,083.89 $17,133.89 11. ASSESSMENTS A. Trunk Assessments There are no trunk related assessments associated with this project. �- B. Utility Trunk and Laterial Benefit Improvements The construction cost of the 11 streetlights was $14,050.00 plus other costs of $3,083.89 for a total of $17,133.89 and will be spread equally to the 51 benefitting lot equivalents. The assessment rate was computed in the following manner - :ax IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $17,133.89 51 Lot Equivalents $335.96/Lot Equivalent The City will assess the properties using the rate presented at the Public Hearing. That rate is $294.41 per lot equivalent. C. ASSESSMENT TERMS Assessments for Project 693 are to be spread 5 years at an annual interest rate of 7.0% on the remaining unpaid balance. III. CITY REVENUES (RESPONSIBILITIES) IMPROVEMENT ASSESSMENT IMPROVEMENT COST REVENUE Streetlights $17,133.89 $15,014.91 The City's responsibility will be financed by the Major Street Fund. Gerald R. Wobschall Reviewed: Public Works.Department Dated: 1 / r GRW/cb Reviewed: U "Mt� - Fi*nce Department Dated: - 5 "Q cc: Thomas A. Colbert, Director of Public Works E. J. VanOverbeke, Director of Finance Jim Sheldon, City Attorney Tom Pepper, Assistant Finance Director (� 1 CITY (RESPONSIBILITY) ($2,118.98) S".w '`�iON �� E CIR. SILVER BELL ROAD SERPENTINE DR. V's PROJECT 693-,* CEDAR GROVE 11 & 12 STREETLIGHTS • = STREETLIGHTS INSTALLED _ $ 294.41/ LOT EQUIVALENT ,on 2/5/96 J J H Z S N N W N N O W Z m V P d W O W 1t*t 1t *t 1f �t It *t 't 1? 1t -t�tdvvv�vvv It It 1�vIt� *�v vvlv1�Sv at v't 1t J m U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ! L6 U. Z V .t It �t -�r v %t .r %t Y►� O. O. 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PROJECT 645, BLACKHAWK HELLS FINAL ASSMTS ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve the final assessment roll for Project 645 (Blackhawk Hills - Street Reconstruction) and authorize its certification to Dakota County. FACTS: Project 645 provided for the local residential street reconstruction within the Blackhawk Hills Addition. Upon completion of the project and tabulation of all costs, the final assessment roll was presented to the Council on February 20 and a public hearing was scheduled for March 19 to formally present the final costs associated with this project. The final assessment rate as proposed is equal to the estimate contained in the feasibility report presented at the original public hearing held on April 11, 1995. This amount was sustained by a preproject preliminary appraisal of an independent appraiser retained through the City Attorney's office. An informational neighborhood meeting was held on March 7, 1996, to present the final assessment roll to affected/interested property owners. • Two property owners attended the informational meeting - James B. Kennedy 3684 Birchpond Place - Martin J. Schuetze 1691 Blackhawk Cove • Discussion centered around the assessment amount, term, appraisal, and the assessment appeal process. • Property owners requested copies of the appraisal. • Staff informed the property owners that details of the appraisal report were not available, only the opinion from the appraiser that the benefit equaled the amount identified in the feasibility report. • Residents questioned the "subjectivity" of the appraisal report process. • They stated they wanted to address the City Council regarding the appraisal amounts. • The meeting adjourned at 8:00 p.m. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: Final assessment roll summary and report, page through -2� FINAL ASSESSMENT HEARING PROJECT NUMBER: 645 ASSESSMENT HEARING DATE: _March 19, 1996 SUBDIVISION/AREA: Blackhawk Hills PUBLIC HEARING DATE: Al2rilll 1, 1995 IMPROVEMENT INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report SANITARY FINAL FJL SEWER RATES RATES 13Tarok [JLaterals 13 Service 0 Lat. Benefit/Trunk WATER 11 Trunk ❑Laterals E] Service O Lat. Benefit/ Tnmk a WAC SERVICES C] Water & Sam Sewer STORM SEWER 11 Trunk F.R. RATES EILaterals Lat. Benefit/ Trunk STREETS Gravel Base Surfacing S3.1151ot $ 115/Lot Res. Equiv. 0 Multi Equiv. 0 C/I Equiv. El Trail STREET LIGHTS 11 Installation f11 Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED PWAN4 `ED X105,910.00 F.R $71,445.00 F.R. 95-05 — 33 _ 15 Yrs 7.0% S102.795.00 5159.193.14 (1) COMMENTS: (1) Scone QIMRiect with mspmt to the utility repairs and improvements was increased between . e of Feasibility Reoort„pr-aration and detailed MEMO _city of eagan TO: DEANNA KM, SPECIAL ASSESSMENT CLERK FROM: GERALD R. WOBSCHALL DATE: MARCH 7, 1996 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 645 BLACKHAWK HILLS STREET RECONSTRUCTION The City Council at the conclusion of the public hearing on April 11, 1995 ordered Project 645. According to the feasibility report the following improvements were to be constructed and/or assessed. The improvements are: the location and repair of curb boxes, gate valves, storm sewer laterals, water main replacement, curb and gutter replacement and street reconstruction. According to a memo from the City Attorney's office, the independent appraiser was of the opinion that the lots affected by this improvement would increase in market value in the amount of the proposed assessment. Therefore the City will assess the lesser of the cost of the improvement or the per lot assessment in the feasibility report. Construction was completed under Contract 95-05. Final payment has not been made to the contractor at this time. The assessment hearing is scheduled for March 19, 1996. The following information was used in the preparation of the assessment roll. 1. PROJECT COST ( 07 CONSTRUCTION OTHER IMPROVEMENT IMPROVEMENT COST COSTS COST Street Reconstruction $101,985.90 $38,177.72 $140,163.62 Curb and Gutter 29,270.00 10,957.02 40,227.02 Sanitary Sewer 8,995.00 3,367.22 12,6362,22 Water Improvements 26,148.00 9,788.32 35,936.32 Storm Sewer 24,229.00 _ 9,069.96 33,298.96 TOTAL $10 985.90 71360.24 5261.988.14 ( 07 II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments 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. Street Reconstruction The street reconstruction improvement excluding the curb and gutter repair was constructed at a cost of $101,985.90. Other costs in the amount of $38,177.72 were added to the construction cost which results in an improvement cost of $140,163.62. IMPROVEMENT COST $140,163.62 ASSESSABLE UNITS 33 Lots IMPROVEMENT RATE $4, 247.38/Lot Because of the City's policy of a minimum participation in street reconstruction project of 25%, the City determined the assessment rate by multiplying the improvement rate by 75%. IMPROVEMENT RATE ASSESSMENT PORTION ASSESSMENT RATE $4,247.38/Lot X's .75 $3,185.54/Lot Based on the findings of a preproject preliminary appraisal that sustained the proposed feasibility rate, that rate of $3,115.00/lot will be used in this assessment roll. 2. Concrete Curb and Gutter Replacement concrete curb and gutter was installed at a construction cost in the amount of $29,270.00. Other costs in the amount of $10,957.02 were allocated resulting in an improvement cost of $40,227.02. This improvement will be financed by the City's Major Street Fund. 3. Sanitary Sewer Improvements The sanitary sewer service improvements consisted of replacement of manhole castings, the removal of cones and installation of barrel sections at a construction cost of $8,995.00. Other costs in the amount of $3,367.22 were added which results in an improvement cost of $12,362.22. The feasibility report called for this improvement to be financed by the Sanitary Sewer Division of the City's Utility Fund. 4. Curb Box, Gate Valve, Water Lateral Repair and Replacement The water service improvements consisted of the location and repair of 3 curb boxes, the removal from service of 300 feet of 6 inch water main and the installation of 300 feet of 6 inch water main. The construction cost of these improvements was $26,148.00. Other costs in the amount of $9,788.32 to the construction cost which results in an improvement cost of $35,936.32. According to the feasibility report this improvement is to be financed by the Water Division of the City's Utility Fund. 5. Storm Sewer Improvements The storm sewer lateral improvements includes the construction of 8 catch basins, installation of edge drains and 15 inch storm sewer lateral at a construction cost of $24,229.00. Other costs in the amount of $9,069.96 were allocated resulting in an improvement cost of $23,298.96. This improvement will be financed by the City's Major Street Fund. D. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. E. ASSESSMENT TERMS The assessments for this project are to be spread for a term of 15 years at an annual interest rate of 7.0 % on the unpaid balance. III. CITY REVENUES/RESPONSIBILITIES IMPROVEMENT IMPROVEMENT COST ASSESSMENT Street Reconstruction $140,163.62 $102,795.00 Curb and Gutter 40,227.02 Sanitary Sewer 12,362.22 Water 35, 936.32 Storm Sewer 33.298.96 Total $261.988.14 102795.09 CITY RESPONSIBILITY ($37,368.62) (40,227.02) (12,362.22) 5-- (35,936.32) (33,298.96) ($159.193.14) The following funds will provide financing for the listed improvements. Major Street Fund Sanitary Sewer Division of Utility Fund Water Division of the Utility Fund TOTAL Gerald R. Wobschall Reviewed: Public Works Department Dated: Reviewed: Finance Department Dated: cc: Thomas A. Colbert, Director of Public Works E. J. VanOverbeke, Director of Finance Jim Sheldon, City Attorney Tom Pepper, Assistant Finance Director Far.Frm $110,854.60 $12,362.22 $35,936.32 (5159.193.141 J J O ac z Z LUZ N N N N 4 O W Z �-] O0000oo00CIO Ooo0000O000000mOMCCCISpOOo W J W 0 0 0 0 0 0 MQ 0 0 0 0 0 0 0 0 0 0 Q40 0 0 0 0 Cm 0 0 0 0 0 0 0 C. 0 J coU 0 0c; 0c; 0 0 0 0c; 0 0c; 0 0 0 0 0 1A O O O O O O O O O O O O O O O N pw� < t r r > Z M M 4 4 4Z> IL 2 T IA' IA IA IA IA IAN NN NN NN NNN N !C _N NN NN NN NN N_N NNNN O + M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M IPA J_ O W m a 4`+W N OC 4 W W CC O O O O O O O O O O am am O O O O pp O O O am Ma =0 O O O O O Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01I A I A I A N N N N N N N N N N N N N I A I A O I A 1 A N N N N N N N N N N N N N N W K —- r r r r— - r r r r r r r r r r r r r r r r r r r r r r r r-^ O M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M N 0. O II O O O O O O O O go 00 O O O O O O go O O O O O O O O O O O O O O N < II J 6 I I N N NIA N N N F- U 11 r IA I A I A I A I A I A V 1 11' 1 I A t 1' 1 Ln 0 1 A I A Ln &M N N N N N N N N N N N N r re -r r0 r r �r rr rrrr �.-rrrrrrrr.-r�-r N O Z_ 11 M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M r W 0 0 0 0 0 0 0 0 O'C.O O O O O _ Z N N N N N N N N N N N N N N N -i -1 fA N -1 -1 -1 N -J -1 -1 N iA N N Z Z Z 2 2 Z Z Z J J J J J J J J J J J J J J J J J J J J J J J J J O W W W W W W W W J J J J J J J CY=yG%�CY%CY7 Y7 G7 GY7 iY7 �eS Yx YS �x[Y2�cS Y2 �x[�c2SYSx SY2 Yxx�c2x Yx YS xY Yx xx�x[ 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 7 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 <t4<4<4K 44«<<<«44 x x x s s s s s x x x x x 2 x x s x x s x x x x x x x x x x x s x x Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y < < t Y Y Y Y YUUUUUUUUUUUYYUY UUUUUUUU W4 « K 4<4 « -,c< 4 4 K 4 4<< 4 K 4 4 4 4<<< 4< V1 000ccwco m maJDmmmm -a -a m mmmmM mmm m 0, N9 M M M1 M M1 M M r N N N N r N.- N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O OO O O O O Na O O O pp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 > If N.ppti0OP 00 NMdN�O l�C70.0 NNMM%t'Y NN •O �O fah e>OP Z O O O O O O r M O O O O O O O O O r O O O O O O O O O O O O O O O O - nWn Z 00 00 000- O000 0 0 0 0 Co ----------- 0 , O O M M M M MM MM M M M M M M M M M M 'r M M M M M M M M M M M M M M o—^�vv^ vv.t.avvvvvvvvvvvvr :vvvvvvv.avvv r� r: -r r r rr�-e- rr r� rr — r 0000000000000000000000000000000000 /� ASHBURY ROADlow t I t 29 2e 77 29 > > Q 3 4 5 7 J 2 3 �y 4 iI `Rk 7 6 7 v22 1 =p_ 19 1s .' JD 2 CW 17 2 K GLEN 19 2 Ad ADD 1a 19 14 ,p I 13 4 S- I 2 i 3 1t V2 Q 4 10 A. 2 I �� 5 4 4 5 f 4 to 6 7 �O 5 Q � V 4 �+'°' V 0 'v F �A7 7 % 3 O • \ g W I l �j O 4 :RD. Y-1 Y1 2 `Cs 7 h1 6 Y i se -of • I yv 3 4 �-��- kyq / I to 6 Q 6 q kE my 7 6 7 I ,_• e V g tt I 10 12 3 I i ASSESSMENT LEGEND BLACKHAWK HILLS STREET RECONSTRUCTION ;3115.00 PER LOT ASSESSMENT PROJ ....... ASSESSMENT BOUNDARY Q STREET RECONSTRUCTION 2/2/% Agenda Information Memo March 19, 1996 Eagan City Council Meeting A. ORDINANCE AMENDMENT - TREE PRESERVATION ORDINANCE ACTION TO BE CONSIDERED: To approve or deny the proposed ordinance amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by adding Section 11. 10, Subd. 15.1 regarding tree preservation regulations and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. FACTS: ► The City adopted the current tree preservation policy on July 6, 1993. ► The Advisory Planning Commission held a public hearing regarding this matter at its February 27, 1996 meeting and recommended approval of the proposed ordinance. ISSUES: The Advisory Planning Commission raised the issue of how to prevent tree removal prior to any development application? Tree removal by permit is the only preventative measure. One resident testified at the public hearing to the same problem of tree removal prior to development that occurred with a development (Lentch's Deerwood Addition) in her neighborhood. BACKGROUND/ATTACHMENTS: (2) Minutes of Planning Commission - pages through -77. Proposed ordinance -pages through . --3 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA FEBRUARY 27. 1996 ORDINANCE AMENDMENT - CITY OF EAGAN TREE PRESERVATION REGULATIONS Chairman Miller opened the next public hearing of the evening regarding an Ordinance Amendment to amend Chapter 11 entitled "Land Use Regulations (Zoning)" by adding Section 11.10, Subd. 15.1 regarding Tree Preservation Regulations and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in her Memorandum dated February 20, 1996. Ms. Tyree noted that the proposed ordinance amendment is an adoption as an ordinance of the existing Tree 7 4 Page '- February 27. 1996 ADVISORY PLANNING CONMISSION Preservation Policy which was in effect since July, 1993 Ms. Tyree noted that the proposed ordinance amendment adds the following provisions which do not exist in the current Tree Preservation Policy: (1) a cash dedication system for developments that exceed allowable removal limits; (2) ability to penalize developers for trees removed after plan approval; (3) a tree preservation performance guarantee requirement; and (4) reducing the size of certain "significant trees" from eight inches to six-inch diameter. Gregg Hove, the Supervisor of Forestry, was present for questions. No persons from the public were present for comment. Member Heyl inquired with staff as to whether the proposed ordinance amendment could provide a provision to address the removal of trees before any application for development is submitted. City Forester Hove stated that he researched how surrounding communities addressed the issue and none have any program or policy to deal with the removal of trees on private property by the private property owner. Ms. Tyree noted that short of requiring a permit for any removal of trees at any time on private property, the proposed tree preservation ordinance does not address the issue. In response to Member Isberg's inquiry, City Attorney Dougherty stated that the Minnesota Appellate Courts in the Circle Pines case which addressed the right of the City by ordinance to prohibit a private property owner from removing trees on his/her property, held that the City cannot prohibit a private property owner from removing a tree from his/her private property. Member Miller added however, that a developer is often times also the property owner of private property, but the intent of the tree preservation ordinance is to preserve trees with large scale development projects. Member Heyl inquired with staff whether in calculating the tree mitigation. whether it is feasible to include all trees removed within six months of the submission of the application. City Attorney Dougherty advised that without the use of a base -line survey or aerial photographs to determine what "significant" trees, if any, were removed. City Forester Hove added that it would also be very difficult to prove the exact time of the removal of the tree. In response to Member Segal's inquiry, Community Development Director Reichert stated that clearcutting does not constitute "initial grading" and therefore neither a building permit nor a grading permit will be required. Member Segal further suggested that with respect to the cash tree mitigation, the ordinance provide a standard by which the City shall follow to determine the form of tree mitigation required by the applicant. Member Frank stated that the square -foot basis to define "significant woodlands" is too limited an area to truly constitute a cluster of trees as significant. City Forester Page 3 Febmary 27. 1996 ADVISORY PLANNTNG CONIMISSION Hove stated that the square footage in the definition is the minimum area size and it is rare to find a significant woodland area that size. In response to Member Frank's, inquiry, City Forester Hove further explained the basis for the diameter size of the deciduous and coniferous trees as stated in their definitions. Finally, City Attorney Dougherty suggested that Paragraph CA -a. be amended by adding a provision that any cash mitigation received by the City shall be placed in a special fund designated for tree replacement purposes. Member Heyl moved, Member Isberg seconded, a motion to recommend approval of an Ordinance Amendment to amend Chapter 11 entitled "Land Use Regulations (Zoning)" by adding Section 11.10, Subd. 15.1 regarding Tree Preservation Regulations and by adopting by reference Eagan City Code Chapter 1 and Section 11.99, with the amendment to Paragraph C.4. a. All approved in favor. At approximately 8:30 p.m., Terry Anderson, a resident on Clippers Road, appeared to be heard on this item. Although the public hearing on the item has been closed and the Commission has already made its recommendation on this item, Chairman Miller allowed Ms. Anderson to make her comments regarding the item. Ms. Anderson presented several photographs of downed and removed trees on the Don Lentsch property. She noted photographs of downed trees before any plat application was submitted to the City. She further showed photographs taken in February 1995, after a plat application had been approved depicting additional trees cut and removed. Ms. Anderson expressed concern that the proposed ordinance does not prevent the removal of trees before a property owner makes application to the City. Chairman Miller restated to Ms. Anderson Commission's discussions during the public hearing. Chairman Miller requested that the City Forester investigate the Lentsch property and the allegations that trees were removed in violation of its tree preservation plan. Aokl� city of eagan TO: Chair Miller S Members of the Advisory Planning Commission FROM: Shannon Tyree, Planner DATE: February 20, 1996 SUBJECT: Tree Preservation Ordinance INTRODUCTION MEMO The City Council has directed staff to prepare the existing tree preservation policy as an ordinance. This requires an amendment to the Zoning Ordinance, Chapter 11. The public hearing is scheduled for the Advisory Planning Commission meeting of February 27, 1996. BACKGROUND The City's tree preservation policy has been in effect since July 6, 1993. This policy requires that developers and commercial or residential builders, identify and preserve or replace a specific percentage of the trees existing on a property prior to grading or construction. Several proposed changes from the policy are: 1. A cash dedication system for developments that exceed allowable removal limits. 2. Ability to penalize developers for trees removed after plan approval. 3. Establishing and enforcing a tree preservation performance guarantee. 4. Reducing the size of some "significant trees" from 8" to 6" diameter. A copy of the proposed tree preservation ordinance is attached for your review. ACTION TO BE CONSIDERED To recommend approval or denial of the proposed tree preservation ordinance. /attachment ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATION (ZONING)" BY ADDING SECTION 11.10, -SUBD. 15.1 REGARDING TREE PRESERVATION REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.10, Subd. 15.1 to read as follows: Subd. 15.1. Tree Preservation A. Findings and Purpose Statement. The City Council finds it is in the best interest of the City of Eagan to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development and alteration of wooded areas. In the interest of achieving these objectives, the City of Eagan has established the comprehensive tree preservation regulations herein to promote the flu-therance of the following: 1. Protection and preservation of the environment and natural beauty of the City; 2. Assurance of orderly development within wooded areas to minimise tree and habitat loss; 3. Evaluation of the impacts to trees and wooded areas resulting from development. 4. Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal. 5. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting during development; and 6. Enforcement of tree preservation standards to promote and protect • the public health, safety and welfare of the community. B. Definitions. For the purposes of this Subdivision, the following terms shall be defined as stated: "Applicant" shall mean any person or entity who is required to submit and implement an approved Tree Preservation Plan under this section. "Builder" shall mean any person or entity to whom a building permit is issued for the construction of a single-family residence. "Caliper inch" shall mean the diameter of replacement trees measured at a height of one foot (1) above the ground level. "Construction Area" shall mean any area in which movement of earth, alteration in topography, soil compassion, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity. "Critical Root Zone (CRZ)" shall mean an imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter, e.g. a 20 inch diameter tree has a CRZ with a radius of 20 feet. "Developer" shall mean any person or entity other than a builder as defined herein, who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. "Development" shall mean individual lot single family residence development, single-phase development and two-phase development as those terms are defined herein. ""Diameter" shall mean the length of a straight line measured through the trunk of a tree at 54 inches above the ground. "Diameter Inch" shall mean the diameter, in inches, of a tree measured at diameter breast height (4.5 feet from the uphill side of the existing ground level). "Drip Line" shall mean the farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. "Forester" shall mean a person holding a Bachelor's degree in forestry from an accredited four-year college of forestry. 4a. "Individual Lot Single Family Residence Development" shall mean the process where the construction of a new single family residence occurs on a single lot, or the expansion of any existing single family residence by ten (10) percent or greater square feet. "Landscape Architect" shall mean a person licensed by the State of Minnesota as a landscape architect. "Significant Woodland" shall mean a grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees between four inches and twelve inches in diameter or.coniferous trees between four feet and twelve feet in height. Single-phase Development" shall mean the process where improvement of the entire site occurs in one continuing process. Activities which can occur during single-phase development include initial site grading; installation of utilities; construction of public streets; construction and grading of drainage ways; filling of any areas; grading of the pad area; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the construction area. "Tree" shall mean any of the following type of trees, as each is defined herein: "Coniferous/Evergreen Tree" shall mean a woody plant which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year-round. "Deciduous Tree" shall mean a woody plant which, at maturity, is at least fifteen (15) feet or more in height, having a defined crown, and which sheds leaves annually. "Significant Tree" shall mean a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, defined herein, or minimum of twelve (12) inches in diameter for softwood deciduous trees as defined herein; or aminimum of twelve (12) feet in height for coniferous/evergreen trees. "Hardwood Deciduous Tree" shall include: Ironwood, Catalpa, Oak, Maple hard, Walnut, Ash, Hickory, Birch, Black Cherry, Hackberry, Locust and Basswood. �a 3 "Softwood Deciduous Tree" shall include: Cottonwood, Poplars/Aspen, Box Elder, Willow, Silver Maple and Elm. "Specimen Tree" shall mean a healthy hardwood deciduous tree. measuring equal to or greater than thirty (30) inches diameter and/or a coniferous tree measuring 50 feet or greater in height. "Two-phase Development" shall mean the process where improvement of the entire site occurs in at least two distinct phases. Generally the first phase includes initial site grading; installation of utilities; construction of public streets; construction, grading of drainage ways; and filling of any areas. The second phase generally includes grading of specific pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the specific construction zone. C. Tree Preservation Plan. 1. Scope of Application. A tree presentation plan shall be submitted to and approved by the City and implemented in accordance therewith in connection with any of the following: a. New development in any zoning district; b. New building construction in any zoning district; C. Expansion of any existing commercial, industrial or institutional building or impervious surface by ten (10) percent or greater square feet, where an approved tree preservation plan is not on file with the City; and d. Any project for which a City grading permit is required. 2. Submission Requirements. The Tree Preservation Plan required hereunder shall be submitted with any preliminary subdivision plans in accordance with Chapter 13 of this Code; incorporated as a part of any landscape plan as required under Chapter 11 of this Code; or incorporated as part of the grading plan and the application for any grading permit as required under Chapter 4 of the Code. All Tree Preservation Plans must be certified by a forester or landscape architect retained by the applicant. The proposed grading plan shall be submitted to the City at least five (5) working days prior to the issuance of the grading permit to 71 4Z ensure compliance with the approved Tree Preservation Plan. All sites shall be staked, as depicted in the approved grading plan, and the required tree protection fencing shall be installed before grading is to commence. The City shall inspect the construction site prior to the beginning of the grading to ensure that protective fencing and other protective measures: are in place. No encroachment, grading, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the Critical Root Zone of the trees to be saved. Applicants of single-family residential building permits are required to prepare an Individual Lot Tree Preservation Plan when Significant Tree, Specimen Trees, and/or Significant Woodlands exist on site. Individual Lot Tree Preservation Plans are not required to be prepared by a forester or landscape architect. 3. Plan Requirements. All Applicants shall submit a tree preservation plan prepared in accordance with the provisions of this Subdivision. The Tree Preservation Plan shall include the following information: a. The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders. b. Delineation of the buildings, structures, or impervious surfaces situated thereon or contemplated to be built thereon. C. Delineation of all areas to be graded and limits of land disturbance. d. Size, species, and location of all existing significant trees, specimen trees, and significant woodlands located within the area to be platted or within the parcel of record. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. e. Identification of all significant trees, specimen trees, and significant woodlands proposed to be removed within the construction area. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. £ Measures to protect significant trees, specimen trees, and significant woodlands. g. Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the Tree Replacement Schedule; and h. Signature of the person(s) preparing the plan. 8�- S 4. Mitivation a. In any development that the tree/woodland allowable removal limits are exceeded, the applicant shall mitigate the tree loss by either reforestation of (tree replacement) appropriate areas within the development area, in accordance with the Tree Replacement Schedule, or payment to the City of the sum per diameter inch calculated from the total amount of diameter inches of the required replacement trees in accordance with the Tree Replacement Schedule. The fee per diameter inch shall be set forth in the City of Eagan Fee Schedule. b. The form of mitigation to be provided by the applicant shall be determined by the City. C. Replacement trees shall be addition to any other landscape requirements of the City. d. Significant tree replacements will be calculated by replacing the largest diameter tree first; proceeding down to the smallest diameter significant tree. 5. Required Protective Measures. The tree preservation plan shall identify and require the following measures to be utilized to protect Significant trees, Specimen Trees, and Significant woodlands: a. Installation of snow fencing or polyethylene laminate safety . netting placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. b. Identification of any oak trees requiring pruning between April 15th and July Ist. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate non toxic tree wound sealant. C. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. 6. Additional Protective Measures. The following tree protection measures are suggested to protect significant trees, specimen trees, and significant woodlands that are intended to be preserved according to the submitted Tree Preservation Plan and may be required by the City: a. Installation of retaining walls or tree wells to preserve trees. b. Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. C. Use of tree root aeration, fertilization, and/or irrigation systems. d. Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area. e. Therapeutic pruning. 7. Review Process. The tree preservation plan shall be reviewed by the • City to assess the best possible layout to preserve significant trees, specimen trees, and significant woodlands and to enhance the efforts to minimise damage to specimen trees, significant trees and significant woodlands. The applicant shall meet with City staff prior to submission of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest significant trees, specimen trees, and significant woodlands are destroyed or damaged. 8.. Performance Guarantee. Any applicant of a new development shall provide the required performance guarantee following preliminary approval of the Tree Preservation Plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted, specific to the tree preservation fulfillments, shall be calculated as follows: a one -hundred percent (1000%) of the cost of completing tree replacement mitigation, if applicable; plus; b. an amount to guarantee preservation of all trees, identified by the approved Tree Preservation Plan to be preserved, within fifteen feet (15) of the construction zone (measured from the construction limit to the nearest side of the tree). The amount g �7 shall be calculated by multiplying the total diameter inches of significant trees and specimen trees to be preserved within this 15' zone by the rate of payment of 525.00 per diameter inch. Maximum amount of the Performance Guarantee will be $10,000.00. No performance guarantee shall be required for applicants of building permits of single family residential units. Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the City that the Tree Preservation Plan was followed and that the Tree Replacement Schedule was complied with where necessary. 9. Removal of Diseased Trees Re wired. Prior to any grading, all diseased, hazard, and nuisance trees on the subject property shall be identified by the City Forester or City Tree Inspector in accordance with Chapter 10 of the City Code. Any and all diseased and nuisance trees so identified shall be removed from the property, at the time of grading, if so directed. 10. Compliance with Pan. The Applicant shall implement the Tree preservation Plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated, or until a request is made to and approved by the City Forester. No significant trees, specimen trees, or significant woodlands shall be removed until a tree preservation plan is approved and except in accordance with the approved Tree Preservation Plan as approved by the City. If a significant tree(s) or specimen tree (s) that was intended to be preserved, is removed without permission of the City Forester, or damaged so that it is a state of decline within one year from date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree, in the amount set forth in the City of Eagan Fee Schedule, shall be remitted to the City. The City shall have the right to inspect the development and/or building site in order to determine compliance with the approved Tree Preservation Plan. The City shall determine whether compliance with the Tree Preservation Plan has been met. Q D. Allowable Tree Removal. 1. Tree Removal Allowance. Specimen Tree, Significant Tree, and Significant Woodland removal shall be in accordance with the City - approved tree preservation plan and in no case shall the amount of removal exceed the following percentages: a. Single Lot Development. 1. Single -Unit Residential, 20%. 2. Commercial and Multi -unit Residential, 301/o. b. Multi -lot Development 1. Single -Phase Development Process. 1. Single Unit Residential, 40%. 2. Commercial and Multi -unit Residential, 47.5%. 2. Two -Phase Development. L Initial Site Development, 25%. 2. 'Individual lot development. a. Single Unit Residential, 20%. b. Commercial or Multi -unit Residential, 30%. 2. Exception. When practical difficulties or practical hardships result from strict compliance with the provisions of this paragraph, the City may permit significant tree, specimen tree, and significant woodland removal in excess of the allowable limits. In the event such exception is granted, a reforestation plan or a cash mitigation will be implemented. The City shall determine which form of mitigation shall be utilized. E. Tree Replacement Schedule cmi&rous -12 to 24 feet high Coniferous - 24 fieet or higher Hardwood Deciduous - 6 to 20 inches Diameter Hardwood Deciduous - 21 to 30 inches Diameter Softwood Deciduous -12 to 24 inches Diameter Softwood Deciduous - > 24 inches diameter Specimen Tree Number of ftlac ement Trees Ca=ry A Cgggga B Category C 1 2 4 2 4 8 1 2 4 2 4 8 1 2 3 2 4 4 8 6 12 2. Sigai'ficant Woodland Replacement. Where replacement of a Significant Woodland is required, the Applicant shall be responsible for furnishing and installing one Category A replacement tree or two Category B replacement trees or four Category C replacement trees for every 125 square feet of Significant Woodland damaged or destroyed, or any increment thereof. 3. ize of Replacement Trees. Category A trees shall be no less than the following sizes: Deciduous Trees - Not less than 4 inches in Diameter Coniferous Trees - Not less than 12 feet in height Category B trees shall be no less than the following sizes: Deciduous Trees - Not less than 2%2 inches in Diameter Coniferous Trees - Not less than 6 feet in height Category C trees shall be no less than the following sizes: Deciduous Trees - Not less than 1 %2 inches in Diameter Coniferous Trees - Not less than 4 feet in height 4. Species Re uirement. Where 10 or more replacement trees are required, not more than fifty (50) percent of the replacement trees shall be of the same species of tree without the approval of the City. 5. Warranty Requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to construction activity within one (1) year after the date of project closure, shall be removed by the Applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight months of removal. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation'" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke Its: Clerk By: Thomas A. Egan Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: _ g� Agenda Information Memo March 19, 1996 Eagan City Council Meeting B. ORDINANCE AMENDMENT -ADULT USE ESTABLISHMENTS - EXTENSION OF MORATORIUM ACTION TO BE CONSIDERED: To approve or deny the proposed ordinance amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by adding Section 11.06, to the code of ordinances extending a moratorium for 18 months on the siting of adult use establishments within any zoning district in the City of Eagan and directing the study to continue. FACTS: The current moratorium was established on April 4, 1995 for a term of 12 months. The current moratorium expires April 18, 1996. If extended 18 months, the moratorium will expire on October 18, 1997. If the study is completed and the ordinance amended prior to the October 18, 1997 the moratorium can be lifted BACKGROUND/ATTACHMENTS: (2) Minutes of Planning Commission - pagesthrough, Ordinance Amendment - page_Q. Page 17 February 27, 1996 ADVISORY PLANNING CONMUSSION ORDINANCE AMENDMENT - CITY OF EAGAN Chairman Miller opened the next public hearing of the evening regarding an Ordinance Amendment to amend Chapter 11 entitled "Land Use Regulations (Zoning)" by adding Section 11.06 to the Code of Ordinances extending a moratorium for 18 months on the siting of adult use establishments within any zoning district in the City of Eagan and directing the study to continue. Community Development Director Reichert introduced this item. Ms. Reichert highlighted the information presented in her Memo dated February 14, 1996. Ms. Reichert stated that the proposed ordinance is to merely extend the moratorium which expires on April 18, 1996 to October 18, 1997, which expires on April 18, 1996. Member Richards moved, Member Isberg seconded, a motion to recommend approval of an Ordinance Amendment to amend Chapter 11 entitled "Land Use Regulations (Zoning)" by adding Section 11.06 to the Code of Ordinances extending a moratorium for 18 months on the siting of adult use. establishments within any zoning district in the City of Eagan and directing the study to continue. All approved in favor. M MEMO — city of eagan TO: MEMBERS OF THE ADVISORY PLANNING COMMISSION FROM: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 14, 1996 SUBJECT: ADULT ENTERTAINMENT ORDINANCE MORATORIUM - EXTENSION Mme. ■ The City Council has directed staff to initiate an extension to the moratorium on adult uses. This will require an amendment to the Zoning Ordinance, Chapter 11. A public hearing is scheduled for the APC meeting of February 27, 1996. The City's Zoning Ordinance does not currently specifically address adult use activities (book stores, dancing, etc.) Last year, the City Attorney's Office advised the City Council of the need to address this void because of recent experiences in other metro area communities. The City Council initiated a moratorium on establishing such new uses until the code could be amended. The current moratorium expires on April 18, 1996. Because of other work program priorities, this ordinance amendment has not yet been developed; therefore, there is a need to extend the moratorium. State law permits the moratorium to be extended another 18 months maximum. The ordinance which is the subject of the public hearing on April 27 extends the moratorium 18 months to October 18, 1997. The moratorium can be lifted if the ordinance is amended at an earlier date. To recommend approval/denial of an ordinance amendment extending the adult uses/entertainment moratorium to October 18, 1997. f ^ n f ,f' ,ll DiredoF of Community Development PARfjs ORDYNANCE NO. 2ND SERIES MMIR AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE C 14APTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION REGARDING THE EXTENSION OF THE MORATORIUM PROVISTON; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SRCTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by changing Section 11.06(c)(3), to read as follows: (3) A moratorium on the development of adult uses and other similar uses is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. No license or building permit may be issued for such uses or for the expansion of any existing use during the moratorium period, nor may municipal utilities be connected for any such use or expansion of any existing u se, nor may any rezonings, plattings or replattings, or land divisions or consolidations be granted by the City for such uses during the moratorium period. The moratorium period shall expire on October 18, 4996 1997, or such earlier date as may be further adopted by ordinance. -to-s mendis, ;-by ordiana-e, as R"- be fieraessefy ie een*ese the study and ad-ept a".. r Section 2. Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: R J. VanOverbeke Its: Clerk Date Ordinance Adopted: By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper. Date of Advisory Planning Commission Hearing: 17a Agenda Information Memo March 19,1996 Eagan City Council Meeting C. FINAL PLANNED DEVELOPMENT, FINAL SUBDIVISION, AND VACATION OF PONDING EASEMENT - OPUS CORPORATION (EAGAN PROMENADE) ACTIONS TO BE CONSIDERED To approve a Final Planned Development for Lot 8, Block 2, Eagan Promenade. To approve a Final Subdivision (Eagan Promenade) consisting of 11 lots and one outlot on 120 acres located north of Yankee Doodle Road, east of I -35E, and west of Lexington Avenue. To approve a Vacation of Ponding Easement Document 698968. FACTS: Final plans, development contract, and the Planned Development Agreement are in preparation at this time. In an effort to meet Opus Corporation's project schedule, City staff and Opus Corporation are attempting to have all documents reviewed and in order for the March 19, 1996 City Council meeting. Opus has indicated that revised final plans will be submitted on Friday, March 15, 1996. ► On March 4, 1996, the City Council held a public hearing to consider vacating Ponding Easement Document 698968 within the Eagan Promenade development. The public hearing was closed and the City Council continued consideration of approval to be concurrent with approval of the Final Subdivision. All replacement easements have been provided with the Final Plat. ISSUES: Since the City has not received the final plans and Opus has not been able to provide comments to the City regarding the draft development contract, it is not known if there are issues that will need to be addressed on Tuesday night. A supplemental memo regarding this Planned Development and Final Subdivision will be included with the informational portion of the packet. BACKGROUND/ATTACHMENTS (3) Plat map, page Site plan, page vacation in9- Easementormation, pages � through N NUld 311S -11118 It I LMM3 SndO Uld 311S, 110831,11) 3101d IUSI13 30UN3WOHd NU5113=a mm • CIGICI GG 'ON 031r08d 1113 .. . .. .._•_.— ..... . . . . . ....... .. . . . ...... ... . ...... . . .... . . ..... .. ....... ......... . ....... I IA [L ig - LL P, It Is 19,21 if HiM.111 ......... . if ,116 .II lit- • IHS ........ . ....... . Gill Jf lea; IiV. 1--s- In fli lit W. "'Ili . ...7 Luq11111 till It . .... ............ . .....= . . ;e e= C* IN 91 W IxM� ... w . s. • M . IgLpMpQi j/ie M i61,CL.OS •? 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I I I i 1 iax '•�•v.�� � 2 r ii•. r` i?° �1116d.■ i, w '1 i",�,I a ,•O "e!� S „31N3AV .•S3:L: E^f.Y a ET '8I rl nwr R -4� 1 I r �� i 1 =a I wrrraa 0 1 - ♦Q4s s I Oo i — - aSgl J I 316 V 'fid •.a J'I CI •n.. _..�.+�,,,�,,. ,,,,, e,,..,, �^ b tl�, i V'Y rrl v ,_ i�nelln1 V V,Y• 77 IN PROPOSED PONDING - .� CS e — Y :«: •, ! AREA OF - - {: PROPOSED VACATION - I �—� I ► �= 1I �� _ � �,II IIS — jI; r'' = I _ "' I ' !�-'• f ..".'� I ' i 'lilt •I - - -- I, YANKEE DOODLE ROAD 'ruff,El �i �( It •TOM Maw OK i r k t city Of ea Snstandard i PUBLIC approved : plate # WORKS DEPARTMEN VA CA T/ON SKETCH FOR: OPUS CORPORATION We hereby certify that this sketch, plan or report was prepared by me or under my direct supervision and that 1 am a duly. Registered Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of anuary, 1996 By. __________ a. _ _ Edward H. Sunda. R.L.S. Minn. Reg. No. 8612 ?• � W FNLINE OF THE SE 1/4 OF \ r! 1 q� THE SW 1/4 OF SEC. 10 +'9 hl-( g►-ppE X9896$ i a I-----_ , 405.06 ,Z N? � m I ,, .� 0 EA� y� � P� W ; � ,-' / N• LANE , i Q) e- 6 <� _J LJ LJ- c� CJ s; � W , 0 0 W �- EASEMENT FOR PONDING PURPOSES - < PER DOC. NO. 698968 TO BE VACATED 0 %4-- , N89.z700;W 238.73 - W T n N. UNE OF THE S. 558.73 FT. OF THE SE 1/4 OF THE SW 1/4 OF SEC. 10 S. UNE OF THE SW 1/4 OF j r SEC. 10, TWP. 27, RGE. 23 z z 3 I I , ` •Z • N � ti ti � 1 1 x V , Agenda Information Memo March 19, 1996 Eagan City Council Meeting A. MVTA/BLACKHAWK PARK & RIDE ACTION TO BE CONSIDERED: To approve or deny a contribution of $3,640 toward the total new cost of the surveillance system. ATTACHMENTS: Enclosed on pages through is a copy of correspondence from Sheri Skallet regarding a proposed fare increase andqT is lack of security at the park & ride lots, in particular, Blackhawk Park & Ride. Enclosed on pages�op throughis a copy of correspondence from the Minnesota Valley Transit recommending a surveillance camera installation. 6128827600 03/13/96 _ aED 15:09 FAX 6128827600 Mr VALLEY TRANSIT Eagan Z002 z3ii�y6 10: it March 13, 1996 Mark Furhmann, Transportation Division Metropolitan Council Mears Park Centre 230 E. Fifth St. St. Paul, MN 55101 Re: Blackhawk Park & Ride, Eagan, Minnesota Proposed Fare Increase Dear Mr. Furhmann: N0.217 P002/003 340-8908 I am writing regarding the proposed fare increase and the extreme lack of security at the Park & Ride lots, in particular the Blackhawk Park & Ride in Eagan. On February 6, 1996 my car was broken into and vandalized at Blackhawk, along with about 10 other cars. The thieves got about $10.00 worth of change from my car including the ashtray that held the change, but in the process they did approximately $800.00 in damage to my car. This of course does not include all the time it has and will take me to have my car repaired. I had to bring my car to the claim office of my insurance company for review, arrange to have my window replaced and tinted, locate a body shop to do the repair work, and leave my car for 3-5 days at the shop to finally get repaired. All of which required me to miss substantial time from my job, not to mention the deductible on my insurance, and the possibility of my insurance rates increasing. As I am sure you are aware, this has been a long-standing problem at the Slackhawk Park & Ride. I know many others who have had problems, including one person who got off the bus and found that all four of his truck tires had bccn stolen in broad daylight. Another individual had his truck stolen, only to be recovered weeks later vandali2ed. Last week, one woman informed me her car had been broken into once a week for the past three weeks, along with others. aft 03/13i36 uED_15:10 FAX 6128827600 W_:V 13itjb 1Id: i i Mark Furhmann March 13, 1996 Page 2. 6128876©@ MN VALLEY TRANSIT Eagan Z003 INU.21 r F003/aO3 Approximately one year ago flyers were distributed on windshields of cars by someone who had problems urging others to voice their concerns as well. The MCTO then responded by distributing flyers indicating they had meetings with the Eagan police and were attempting to comfort everyone by telling us that the police would patrol the lot each hour, that buses go through on a regular basis and all drivers were told to keep their eyes open. Obviously, these measures are not working; and the problems are only escalating. The Eagan police are well aware of the problems and believe the MCTO should take some action to alleviate them. The policeman I dealt with indicated the lot was a haven for thieves with the berms and bushes that surround it and the lack of any type of security. I sure the police try to patrol the lots, but I'm sure they have more important issues to deal with. The MCTO is the one who encourages the public to ride the buses and leave their cars and worries behind, but they do not want to take any responsibility for the safety of their patrons or their vehicles. What will it take to get some action? Someone being beaten, abducted or raped? The MCTO should think seriously about this problem and consider either installing security cameras or hirings a security guard or firm to patrol the ions). This is obviously the work of a ring of thieves who have had for the most part, free reign for over a year to do as they please. Why can't the Eagan Police and the MCTO work together instead of pointing fingers at each other? I am sure a task force could be formed between the two groups to come up with a plan. Meanwhile, thousands of dollars are being spent to fix and replace vandalized vehicles. In conclusion, 1, and others I have spoken with would not mind a fare increase if it means that something; will be done about the lack of security at the Park & Ride lots. Otherwise, I do not believe - a fare increase is justified. t know that I am seriously reconsidering my decision to ride the bus if this continues to be a problem and you go ahead and increase the fares without providing any security. Very truly yours, eri L. Skallct cc: Eagan Chief of Police Eagan Chronicle Timothy Pawlenty, State Representative Tom Egan, Mayor of the City of Eagan Burnsville Transit Station 100 East Highway 13 • Burnsville, MN 55337 Ph. (612) 882-7500 • Fax: (612) 882-7600 March 7, 1996 Mr. Tom Hedges City Administrator, Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges, Thank you for taking the time to speak with Audrey Swartz today. As you are aware there has been an on-going security problem at the Blackhawk Park & Ride. MVTA recently held a meeting with the neighbors who live near the park & ride, riders that use the park & ride, two Eagan council members, and MVTA staff. There was consensus that the berms that effectively hide the lot should not be removed nor altered. The neighbors are squarely against the removal of the berms. Since the meeting, it has been reported to our office that Eagan police officers are driving through the lot up to four times a day. Neighbors have committed to keeping a watch on the lot and reporting to the police as necessary . The MVTA has erected signs stating, "This lot is Under Surveillance. No soliciting. No Loitering." Unfortunately, this has not been enough. Although non -related traffic flow through the lot has dropped significantly, vandalism and theft continue. On March 5 a woman had her car broken into and vandalized for the third time. On March 6 another incident of theft was reported to our office. As recommended by the committee and strongly supported by Chief Geagan, installation of security cameras are needed. A two camera system will cost approximately $7280. As we discussed, MVTA is seeking a 50% match from the city of Eagan for the cost of these cameras as such ars expense is not included in the MVTA 1996 budget. Attached is a quote from a security firm for cameras, flyers placed on cars, and notes from the recent meeting. I look forward to your response. Sincerely, C� Beverley Mi'iler Executive Director encls. Public transportation for Apple Valley, BurnsvIle,'E Q Prior Lake. Rosemount, Savage CORPORATE SECURITY SYSTEMS August 26, 1993 Audrey Swartz Minnesota Valley Transit 15025 Glazier Ave. -Suite 213 Apple Valley, MN 55124 Re: Proposal. Dear Audrey: Thank you for the recent call regarding cameras at your parking facility. I will order literature and mail out to you as soon as we receive it. Proposal as follows for each facility: 2 - Outdoor Black and white Cameras 2 - Environmental Housings with Heaters and Blowers. 2 - Auto Iris Lenses 2 - Mounts 2 - Transformers Above Net = $ 1,880.00 1 - Robot Telephone Transmission System Net = 5,400.00 Each Facility Total Net = $ 7,280.00 Pricing dces not include installation. Terms: One half down payment of $ 3,640.00 is due with acceptance of proposal. Balance due with delivery of equipment. Past due amounts accrue a 1.5% sp ice charge per month. i IV ' \ tO Don Culver 'Cgo Proposal Accepted by Acceptance Date 12217 Wood Lake Drive Burnsville, MN 55337 -USA Phone (612) 895-8888 og Fax (612) 890-2902 l Notes Blackhawk Park & Ride Security Issues Meeting February21,1996 8:00am-9:10 am Present: Sandy Mason, Eagan Council; Ted Wachter, Eagan Council and neighbor to Blackhawk Park & Ride; Shannon Tyree, Eagan Planner; Audrey Swartz, MVTA; Pam Murphy, former user of park & ride; Joe Meyer, user of park & ride (both victims of car break ins); Leon Wachter, neighbor to Blackhwak Park & Ride; Tom Klein, neighbor. Concerns: • Vandalism and theft continue to be a problem. • Berms hide lot "allowing" criminal activity to go unnoticed. • Neighbors do not like criminal activity literally outside their front door. • Neighbors feel berms should stay for aesthetic reasons as well as a sound barrier and headlight barrier. They "fought hard" to have these berms put up. • Would be very expensive to remove or alter berms. • Riders need to feel safe. Some are no longer using lot due to crime there. Solutions: To date, the Eagan police have increased patrolling of the lot. MVTA has passed a it no loitering, no soliciting" policy at the lot and have erected signs stating so. Neighbors have been "keeping an eye on the lot." One neighbor drives through once a day. Cars have been flyer'd informing people to not leave valuable in car, etc. Even with the above, crime persists. List of solutions included: Buying out the surrounding homes (too expensive) Hiring a guard (on going expense and administration) Moving the lot to another location (too expensive, complex) Security gates (difficult with all day bus service) Asking all car owners that use the lot to install security devices (users vary, new users not included, not all use the lot all the time, expensive for some). Install security cameras (some possible legal ramifications, expense) The general consensus was to install security cameras. Chief Geagan strongly supported this and stated that his officers have been able to make positive ID's from other cameras that are throughout the city. MVTA had a quote of $7,000 for a two camera system. MVTA will research security cameras further. �c�a Agenda Meeting Regarding Security at Blackhawk Park & Ride Eagan City Hall February 21, 1996 8:00 am - 9:00 am 8:00 I. Introductions 8:05 H. Concerns: a. update on situation at Blackhawk P & R b. other concerns 8:20 III. Possible Solutions 8:50 IV. Next Step (Action) 9:00 V. Adjourn Follow Up Notice To Blackhawk Park & Ride Patrons On Wednesday, November 8, the Minnesota Valley Transit Authority met with Eagan Police. Chief Geagan and Crime Prevention Officer Dretzke. The following items were discussed: 1. A computer search was done on any and all activities reported to or by the Eagan police department at the Blackhawk Park & Ride. Only three crimes were reported between August 1 and November 1, 1995. 2. It is very important that patrons call the Eagan police if they witness a crime, are a victim of a crime, or see any suspicious activities or loitering. 911 may be called directly from the pay phone at the lot. 3. Patrons need to discourage theft by keeping valuables out of sight i.e. packages, gym bags, phones, pagers, stereos, CD's, coins. Putting these items in the trunk is the best "hiding" method. Not having these items in the car at all is best. 4. The Eagan police continue to patrol the lot daily. They will increase the frequency ,of trips through the lot. 5. All MVTA drivers have been reminded to make a visual check of the lot upon entering and exiting. Drivers are in the lot twice hourly throughout the day. 6. Road Supervisors, when in the area, will make a trip through the lot to inspect it. 7. Training for drivers regarding security issues will take place in the near future. The Transit Police as well as the Eagan Police will be involved in this training. 8. MVTA is investigating placing "No soliciting, No Loitering, This Lot Is Under Surveillance," signs at the entrance of the lot. 9. MVTA is making a formal request to the city of Eagan to have the berms removed that surround, and effectively hide the lot. Please call the MVTA offices at 882-7500 or the Eagan Police Department at 681-4700 with any questions, concerns, or suggestions. This memo was prepared by, Beverley Miller, Chief Patrick Geagan, MVTA Executive Director Eagan Police Department Notice to Blackhawk Park & Ride Patrons The Minnesota Valley Transit Authority (MVTA) offices have received several calls regarding vandalism at the Blackhawk Park & Ride. Over the past years, the MVTA has been working with the city of Eagan regarding this problem. After discussions (in 1993 and 1994), it was determined to patrol the lot more frequently. The lot continues to be patrolled today. The MVTA also requires its bus drivers to check the lot as they enter and exit. Buses travel through Blackhawk Park & Ride at least twice an hour all day long. The drivers make a visual check of the lot each time they pass through. The police are driving through the lot at least once an hour all day long as well. The MVTA has requested that the city of Eagan allow the MVTA to remove the berms that surrounds (and effectively hides) the parking lot. We will be making a second formal request today. In the past, MVTA has not placed signs regarding surveillance of the lot due the advise of legal council. However, the MVTA is now reconsidering this. The MVTA has also implemented a "no loitering and no solicitation" policy at all of our facilities. Cameras in the lot were researched in 1993. However, they are extremely expensive ($10,000 per camera), not proven to be an effective deterrent, require maintenance, are difficult to monitor, are typically not accurate enough to give concise pictures of individuals or license plates, and again, raised some concerns with our legal council. We will be reconsidering this option as well. The MVTA will again meet with staff from the city of Eagan today to review all security alternatives. Please, report any suspicious activity or loitering to the police department immediately. There is a pay phone located at the park & ride and you may call 911 without using a quarter. We have also alerted neighbors to be on the look out as well. In the meantime, please be aware that according to police records, the crime rate at the Blackhawk Park & Ride lot has not increased. Both the police chief and the MVTA are unaware of referring to this location as a "high crime area." Please feel free to continue to call the MVTA offices at 882-7500. November 7,1995 This flyer is distributed by the Minnesota Valley Transit Authority, the public transportation provider for the cities of Apple Valley, Burnsville, Eagan, Prior Lake, Savage and Rosemount Call 882-7500 for more information. lob Agenda Information Memo March 19, 1996 Eagan City Council Meeting S. NATIONAL LEAGUE OF CITIES CONFERENCE UPDATE Enclosed on pages I� through _hc� is a copy of a memo containing an update on the National League of Cities Conference attended by Mayor Egan, City Councilmember Wachter and the City Administrator. l0(' MEMO _ city of eagan TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 13, 1996 SUBJECT: NATIONAL LEAGUE OF CITIES CONFERENCE Mayor Egan, City Councilmember Wachter and the City Administrator attended the National League of Cities Conference in Washington D.C. March 9-12. The conference was informative and well attended by Minnesota cities. The following is a summary of the conference. NOISE MEETING/SATURDAY, MARCH 9 Mayor Egan, in his role as President, chaired a half day NOISE meeting that was well attended by cities comprising the NOISE membership. There were a number of topics discussed, ranging from 727 hush kits, the proposed shrinkage of contours, a 1976 report that was shared by an FAA administrator, debate on Part 150, use of disclosure statements and planning for topics at the Annual NOISE Conference scheduled for July 1996 in Sparks, Nevada. A statement that evolved out of discussion/debate over a referenced 1976 report stated that "all jurisdictions are allowed to take action to modify noise standards for moderate noise areas within the 55-65 decibel areas." The debate on the Part 150 was an ongoing argument as to whether federal transportation money should be spent on soundproofing or buyout. The example given for disclosure statements was Montgomery County where an ordinance was passed requiring an airport noise disclosure statement on all home sales whether new or used. Plans for topics at the NOISE Conference include the recent debate over takings legislation, and possibly some input/history on the dual track process used in Minnesota. §UNDAY, _MARCH _10 The general session was led by Ann Compton, White House correspondent for ABC News. The title of the general session was, "Making a difference in the national elections: an election 96 forum." The action agenda issued by the National League of Cities Board of Directors on Sunday included the following issues: -Safe Drinking Water Act --The proposed legislation has to do with selecting contaminants for future regulation in addition to standards prepared by EPA that would be required to conduct a benefit/cost analysis and to determine the risk trade-offs before any regulations are proposed. Potential regulation is expected to cost more than $75 million nationwide. • Anti -Crime and Violence --In February, 1995, there were a series of bills proposed to rewrite the 1994 Anti -Crime Law. Key among those bills is HR 728, a bill that would repeal the community -oriented policing services program - also known as the COPS Program. In its place, HR 728 would establish a formula block grant that would send federal assistance directly to cities and towns. Most of the Minnesota cities are objecting to the block grant approach suggesting that monies would be channeled to just a few communities for police buildings and associated equipment and would not provide a dollar allocation for police officers. Minnesota cities have valued from the COPS Program by hiring new police personnel and object to the proposed legislation offered under HR 728 and S.3. • Housing and Community Development --There were concerns raised about the many projects that are on hold and some cities have decided to risk using their own funds in anticipation of eventual HUD appropriations and resolution of the budget impasse. Takings --In 1994, landowners, real estate developers and industry leaders came together to lobby executive and congressional officials for support of what has come to be known as "takings" legislation. The basic argument asserted by these groups is that government regulations interfere with the right of corporate and individual property owners to maintain and utilize their property to maximize the property's profitability or value. They have urged Congress to introduce and support legislation to make it considerably more difficult for the federal government to regulate private property. Reauthorization of the Intermodal Surface Transportation Efficiency Act [ISTEAI-- The NLC is supporting federal regulatory flexibility that will continue to allow local governments to use federal highway and transit funds in ways that best meet local needs. Local governments have had direct access to federal transportation funds, i.e. trails, roadways, etc. Since ISTEA is scheduled to expire in 1997, there is an emphasis to ask for continued funding. Police Bill of Rights --There was also discussion regarding congressional discussion to readdress and repropose a Police Bill of Rights. This legislation would take away management rights; a concern to police management and cities nationwide. These issues were presented by the Minnesota delegation to each Congressman and both Senators on Tuesday, March 12. For a copy of the issues, refer to the attached National League of Cities Policy handout. MONDAY/MARCH 11 Vice President Al Gore was the main speaker and addressed reinventing government. His comments included local empowerment and the Flexibility Act. He emphasized partnerships and performance-based organizations. He also spoke to customer -based service and restoring federal government to customer -based by asking what does the constituent want? He used various examples. Other sessions on Monday included, "From entitlements to investment: choices and consequences for your city," tax reform and other issues. Later that afternoon, the Minnesota delegation met and reviewed all the National League of Cities' policies, as listed above. With the exception of the Anti -Crime and Violence, there was consensus with the National League of Cities. With the Anti -Crime and Violence, as stated, there was not a concurrence with the NLC position. Even within the State of Minnesota, there seems to be some differing opinions as to how anti-crime and violence programs should be administered. TUESDAY/MARCH 12 The Minnesota delegation met with their respective Congressman and Senators. Mayor Egan, City Councilmember Wachter and the City Administrator met with Congressman Luther. That particular session was well attended by cities within the Sixth Congressional District. SUMMARY Enclosed without page number is a brochure entitled Ten Questions Voters Should Ask Their Candidates prepared by the Concord Coalition Citizens Council. This group was quite active at the NLC Conference. Since there were only six copies, if any Department Head would like to review one, please check it out at the City Administrator's office. City Administrator Attachments cc: Department Heads TLH/vmd L0 1996 HOT ISSUES SAFE DRINKING WATER ACT Amending the Safe Drinking Water Act is one of NLC's top environmental priorities for the 104th Congress. NLC urges Congress to act swiftly to reauthorize the Safe Drinking Water Act to eliminate costly and unnecessary unfunded mandates and to permit cities and towns to redirect scarce resources to protecting public health and safety. While the Senate unanimously approved S. 1316, the Xempthorne-Chafee Safe Drinking Water Act Amendments of 1995, no action has yet occurred in the House Commerce Committee (Tom Bliley, R•Va., Chrmn.l. No other environmental statute is as seriously flawed as the Safe Drinking Water Act (30WA). The program has inadequate resources, unworkable standards, cumbersome monitoring requirements an arbitrary contaminant selection process and unrealistic costs and compliance schedules to meet over $200 billion in unfunded drinking water mandates facing cities and towns. BACKGROUND Despite passage of amendments to the Safe Drinking Water Act by both the House and Senate'in the 103rd Congress, a final proposal was never agreed to or sent to the president for signature. In the 1st Session of the 104th Congress, the Senate completed action on such amendments, but the House Commerce Committee did not even begin hearings on the issues until late January of this year. While the Commerce Committee had a particularly busy schedule in the 1st session, including Contract with America issues and a major telecommunications bill, it is now time to focus their attention on the drinking water law. Given that 1996 is a Presidential election year, if we are to see changes in the statute, the House must accelerate its pace. A proposal needs to be introduced, considered in committee, and moved to the House floor quickly to allow time to resolve differences between the two bodies before the political conventions this summer. MAJOR PROVISIONS S. 1316 Of greatest significance to municipalities are the proposed changes in both the contaminant selection and standard setting processes. iso • Contaminant Selection: In selecting contaminants for future regulation, EPA would be required to develop and publish a research plan for high priority contaminants not currently regulated. The research plan would involve the acquisition of information on both the health effects of these contaminants as well as their prevalence in sources of drinking water and would serve as the basis for selecting which currently unregulated contaminants would be subject to future regulation. EPA would be required to make a regulatory decision on at least 5 contaminants every 5 years. Such decisions could be: not to regulate the contaminant; that there is insufficient information to make a decision; or, to regulate a contaminant. • Standard Setting: In regulating new contaminants, EPA would be required to conduct a benefiticost analysis and to determine the risk tradeoffs (strategies used to reduce the risk of some contaminants may actually increase the risks of other contaminants found in drinking water) before any regulations are proposed. For any potential regulation expected to cost more than $75 million (nationwide), EPA would be required to seek public comment prior to proposing a regulation. EPA may set less stringent standards for specific contaminants if the benefit of a more stringent standard does not justify the costs to systems required to comply. This flexibility would not apply to disinfection by-products (DBPsI or to cryptosporidium. EPA is also authorized to use other than zero -risk in setting standards for carcinogens if such a standard is unlikely to increase the cancer risk and is set with an adequate margin of safety. EPA review of existing drinking water standards would be required every 6 years rather than the current 3 year interval. Existing standards may only be made less stringent if new science demonstrates comparable protection of health with an adjusted standard. The measure would also specifically address arsenic, radon, sulfates, and disinfection of underground sources of drinking water. The arsenic provisions require further study on the carcinogenicity of low levels of arsenic in drinking water with subsequent revision of the standard delayed until 2001. For radon, the measure sets a standard of 3000 picocuries per liter. Sulfates may be addressed through public education and alternative drinking water supplies (bottled water). Disinfection of groundwater will be delayed until promulgation of the second DBP (disinfection by-products) rule on the assumption that additional research will assist in determining whether and which groundwater supplies should be disinfected. • Other Provisions. S. 1316 also. establishes a 10 year (FY 1994 through 20031 $9.6 billion drinking water state revolving loan fund (DWSRF), provides the States with authority to adjust monitoring requirements, and authorizes more realistic time frames for municipal compliance with new requirements. NIC POLICY: NLC supports S. 1316. Our National Municipal Policy calls for amendments to the Safe Drinking Water Act which will: • allow EPA to consider risk reduction benefits as well as costs in setting standards for contaminants found in drinking water supplies; • replace the current law requirement to regulate 25 new contaminants every three years regardless of whether they ever appear in finished drinking water with a selection process based on actual occurrence data; • allow states more flexibility in tailoring monitoring requirements based on local conditions; • expand protection of municipal water supply systems from citizen suits if the system is operating under and in compliance with federal or state court or administrative orders; • increase investments in health effects research to assure municipal water suppliers address contaminants that are of real public health concern. LOCAL IMPACT The changes proposed in S. 1316 will redirect scarce local resources to real protection of public health. The process for selecting new contaminants for regulation would be based on monitoring data that indicated the contaminants actually occur in sources of drinking water. The new standard setting process would authorize EPA to take cost and risk reduction benefits into account in setting standards. sw ACTION I •• and urge them to enact, with dispatch, amendments,to the Safe Drinking Water Act similar to those approved unanimously by the Senate. City officials should be prepared to discuss recent, as well as anticipated, increases in local rates for drinking water. City officials should.also be prepared to discuss: costs of monitoring; costs of compliance with federal drinking water act requirements to meet Maximum Contaminant levels, and costs of implementing monitoring and compliance requirements that are irrelevant to problems found in local drinking water supplies. • COMMERCE COMMITTEE REPUBLICANS: Thomas Bliley (VA), Chrm. Carlos Moorhead (CA) Jack Fields (TX) Michael Oxley (OH) 'Michael Bilirakis (FL) Dan Schaefer (CO) 'Joe Barton (TX) *Dennis Hastert (IU W.J. (Billy) Tauzin ILA) 'Fred Upton (MI) 'Clifford Steams (FL) Bill Paxon (NY) Paul Gillmor (OH) DEMOCRATS: John Dingell (MI) 'Henry Waxman (CA) Edward Markey (MA) 'Ron Wyden (OR) 'Ralph Hall (TX) 'John Bryant (TX) Rick Boucher (VA) Thomas Manton (NY) 'Edolphus Towns (NY) 'Gerry Studds (MA) 'Frank Pallone (NJ) 'Scott Klug (WO 'Gary Franks (CT) 'James Greenwood (PA) Michael Crapo (ID) Christopher Cox (CA) 'Richard Burr (NC) 'Brian Bilbray (CA) 'Edward Whitfield (KY) 'Greg Ganske (IA) Daniel Frisa (NY) 'Charles Norwood (CA) Rick White (WA) 'Tom Coburn (OK) 'Sherrod Brown 'Blanche Lambert Lincoln (AR) Bart Gordon (TN) Elizabeth Furse (OR) `Peter Deutsch (FL) Bobby Rush (IL) Anna Eshoo (CA) Ron Klink (PA) 'Bart Stupak (MI) 'Member of the Subcommittee on Health and Environment To. date, the House Commerce Committee has taken no action on amendments to the drinking water law. As we approach the season of Presidential politics it will become increasingly difficult to move forward with an environmental statute that is only of particular importance to for more information contact state and local governments. If we are to achieve a successful re-writp/ rol Nocheisen of the drinking water law, the House must accelerate its efforts to rn e 1 enior legislative Counsel forward. { j ,enter for Policy & federal Relations 1 1202) 626.3020 Contact your Members of the House of Representatives •• mosc especially members of the House Commerce Committee (See provided 1196 list). 1996 HOT ISSUES ANTI-CRIME AND VIOLENCE A►LC urges Congress and the White House to improve upon current federal law by providing direct and flexible public safety block grants to cities and towns with maximum flexibility in the use of L41 foods and so mandated local match. BACKGROUND When the 104th Congress convened in January 1995, the House adopted legislation to rewrite the 1994 Anti -Crime law to provide public safety block grants directly to cities. The Senate has not yet acted. The ongoing budget crisis has paralyzed the funding for most federal anti- crime and violence programs, and thus movement on legislative changes. In February of last year, the House approved a series of six bills, that together, would rewrite the 1994 Anti -Crime law. Key among them is HR 728, a bill that would repeal the Community Oriented Policing Services program - also known as the COPS program. In its place, HR 728 would establish a formula block grant that would send federal assistance directly to cities and towns. S. 3, the Senate's comprehensive anti-crime bill has been pending in the Judiciary Committee since January 1995. So far, there has been no action on this legislation, and the prognosis is not good. Contained within this bill are provisions that would, like HR 728, repeal the COPS program. But unlike HR 728, S. 3 language would replace the COPS program with a formula block grant directly to states instead of local governments. On December 19, 1995, President Clinton vetoed the Commerce, Justice, State Appropriations bill, mainly because it eliminated the COPS program in favor of HR 728. A vote to override the veto failed January 3, 1996. The stopgap spending bills that have been approved over the past several months have provided varying levels of FY 1995 funds to continue programs. New programs established by the 1994 Anti -Crime law are being held hostage by the budget battle. As debate continues, Congress appears likely to provide funding on a program -by -program basis. The House -passed Law Enforcement Block Grants HR 728 would repeal the COPS direct, discretionary grant program and replace it with direct federal assistance to cities and towns through a formula block grant. Each state would receive funds based upon a three year average of the number of Part One violent crimes reported to the FBI in that state compared to other states. Because some localities do not report Part One violent crimes, each state's allotment would be divided into two pots; one for localities that do report, the other for those that do not. The funding level of the first pot would be determined by population. The allocation to cities and towns in this category would receive funds based on the ratio of its part one violent crimes to those of all other reporting cities and towns in the state. The second pot, dedicated to non -reporting cities and towns would receive the balance of funds in the state. These funds would be distributed locally based on the ratio of Part One violent crimes of "like communities" in population class. HR 728 expands the uses of block grant funds beyond the core local law enforcement functions of the COPS program to include virtually every aspect of the criminal justice system, including prosecutors, courts, and jails. Municipal leaders could also use funds for a broad array of crime and violence prevention programs. Municipal leaders could prioritize city - specific needs - and design the mix of programs to address them. Overall, the bill provides localities with direct federal assistance and the flexibility to design and implement city -specific, anti-crime and violence initiatives - including prevention programs. It includes a 10 percent local match requirement. Pending Senate Anti -Crime bill - S. 3 Held over since its introduction last January 1995, S. 3 remains stuck in the Judiciary Committee. Like HR 728, local law enforcement provisions in S. 3 would eliminate the COPS program in favor of a formula block grant, though the Senate version is significantly different than the House -passed plan. Efforts to move versions of S. 3 as part of the 1996 Commerce, Justice Appropriations on funding bill debate failed. Attempts to amend the funding formula and revise the uses have been underway for months. As introduced, the bill would provide federal assistance to states to fund the same local law enforcement functions, such as the COPS program, which include hiring, rehiring, overtime, training, equipment, and modest, law enforcement -related prevention efforts. Each state would have the independent authority to determine how these funds would be distributed locally. There would be no local match requirement. The pending formula would allocate 0.6 percent of the total appropriation to each state with the remainder distributed on the basis of population. States would be required to pass through at least 85 percent of the total they received to localities in a method of each states own choosing. Senate Majority Leader Robert Dole IR -KA) prepared a substitute to S. 3 last year which would have, like the House, provided flexible block grants directly to local governments, by passing the states. for reasons, which included the likelihood of a filibuster by Sen. Joseph Biden (D -DE), Dole chose not to offer the amendment. S. 3 would also increase federal aid for prison construction, increase criminal penalties, address terrorism prevention issues, and reform federal criminal procedures. KEY ISSUES: There are significant differences on critical issues for cities and towns between the House and Senate bills with respect to flexibility, direct funding, prevention programs, and local match requirement of the local law enforcement block grant provisions. Moreover, the debate regarding the appeal of the COPS direct, discretionary grant program and the direct, formula block grant program has touched off a debate that has resulted in the current logjam over the 1996 Commerce, Justice, State Appropriations bill. NLC POLICY.• NLC supports direct federal assistance to cities and towns, maximum flexibility in the use of federal funds, prevention programs, and the elimination of any local match requirement. 1w ACTION ! Municipal elected officials should be prepared to discuss with their respective House and Senate delegations how the direct, flexible formula block grant program will better provide for city -specific law enforcement and prevention needs. In preparing for these discussions, municipal leaders should outline their law enforcement priorities in areas that include the need for and the ability of the city to finance the hiring of additional officers, the need for technology, equipment, training, civilian support personnel and other needs to better manage their current departments. Municipal leaders should also prepare to ask detailed questions of their delegations about where they stand with respect to: • support for direct federal funding to cities and towns; • support for the flexible use of funds under the formula block grant to finance local prevention programs; • support for eliminating the local match requirement for the law enforcement block grant program. for further information contact: Janet Quist Senior Legislative Counsel Center for Policy and federal Relations 202.626.3020 l/96 1l3 NATIONAL LEAGUEOF +CITIES 1996 HOT ISSUES HOUSING AND COMMUNITY DEVELOPMENT -NIC urges Cargress and the administration to agree on and pass W fiscal year 1996 appropriations for housing, community and economic dsvalopment programs. With the uncertainty of short term continuing resolutions, funding for programs essential to cities is on bold NIC supports re-authariration of the Community Development Block brant (CDBG,[. HOM4 homeless and special needs programs. We urge Congress to maintain CDBG and HOME as separate and distinct Alock grants and to consolidate McKinney homeless programs into one block grant. NLC urges Congress to reject proposals to impose financial penalties on cities which have troubled public housing projects. BACKGROUND The 104th Congress opened with threats of eliminating the Department of Housing and Urban Development (HUD). The threats died in 1995 but so to did efforts to reauthorize key housing and community development programs or too agree to funding for 1996. HUD programs have been victims of the federal shutdowns and are currently funded only through March 15. In the absence of full -year 1996 HUD funding, and in light of the budget impasse, entitlement cities are in a quandary over how to move forward with projects dependent on HUD funding, particularly CDBG, HOME and homeless block grants. Grantees scheduled for HUD notification on January 1 are still waiting, and April 1 grantees are beginning to worry. HUD has not decided what block grant allocations can be made under short-term continuing resolutions. Many projects are on hold and some cities have decided to risk using their own funds in anticipation of eventual HUD appropriations and resolution of the budget impasse. Public Housing Authorities are also victims of this situation. Currently, they are struggling to maintain operations at acceptable levels. Under temporary funding, Public Housing Authorities (PHAs) received 90 percent of the funding necessary for them just to manage their operations under the Performance Funding System. According to HUD, there is enough budget authority to renew expiring section 8 contracts for two years through mid-March. Other HUD programs are diminished or partially paralyzed by funding uncertainties. There are approximately 100 January 1, 1996, CDBG grantees who have completed and submitted their comprehensive plans for CDBG, HOME and Homeless grants and await word from HUD on what funds are, or may be, available. To date they have not received assurances from HUD of funding at any level. • HUD 1996 APPROPRIATIONS The appropriations or funding bill for the Veterans Administration, HUD and Independent Agencies, H.R.2099, which was vetoed by the President, would have funded HUD in 1996 at 21 percent below last year's level of $24.7 billion. Cuts of this magnitude would be acutely felt by cities and the residents they are expected to serve. Due to these funding reductions, Congress took the unusual step of incorporating statutory changes for Public and section 8 housing in H.R. 2099. These changes were designed to allow enough deregulation in these programs to give PHAs the flexibility needed to function under the new funding limits. They repealed the Brooke amendment, lifting the 30 percent of income rent ceiling, established a minimum rent of $25 per month, allowed PHAs to set their own preferences, and eliminated one- for-one replacement and the endless lease. Currently, as a result of 1995 cuts, 1996 proposed cuts, and the limits of temporary funding, Public Housing Authorities have 20 percent less in operating funds than the minimum needed under the performance funding system. PHAs will have money to address the most immediate modernization needs, but will be unable to touch the $20 billion modernization backlog. The President's veto of H.R. 2099, has left Public Housing Authorities (PHAsl with no assurances that there will be adequate funding available to renew expiring Section 8 contracts beyond mid-March. In addition, without passage of the deregulation provision in H.R. 2099, andlor those in proposed Public Housing authorizing legislation, PHAs will lack the flexibility needed to function under the new funding limits. The good news for cities is that appropriators proposed funding CDBG and HOME at their 1995 levels of $4.6 and $1.4 billion respectively. However, entitlement cities can anticipate about a 5 percent funding reduction below 1995 levels due to CDBG set -asides and an increase in the number of entitlement cities eligible for CON funding. Appropriators agreed that $31.750 million would be available as a positive credit subsidy to enable up to $1.5 billion in Section 108 loan guarantees but eliminated all funding for the Economic Development Initiative (EDI). Under H.H. 2099, McKinney Homeless programs would have been funder at $823 million in 1996, $277 million below the 1995 funding level Special needs programs would have been funded separately: housing for the elderly (Section 202) at $780 million, housing for the disabled (Section 811) at $233 million, and housing for people with AIDS (HOPWA) at $171 million. These reductions in housing programs would have cut $57 million from programs for the elderly, $26 million for the disabled, and $13 million for persons with AIDS. A long-term concern at HUD is that every year, henceforth, the budget authority needed to renew section B contract will skyrocket. Consequently, funding levels in the outyears for HUD programs, other than section 8 renewals, look very grim. This is illustrated by the escalating number and cost of contract renewals coming up over the next ten years: 1996 - $4.35 billion, 1997 • $7.9 billion, and 1998 - $12 billion. During this same period, due to spending caps on other HUD programs imposed by Congress and the Office of Management, budget authority for all other HUD programs would drop.. By 2002, renewals alone could reach HUD's capped budget authority for all programs. • AUTHORIZATION OF ASSISTED HOUSING & COMMUNITY DEVELOPMENT PROGRAMS House (H.R. 24061 and Senate (S. 1260), Public Housing and Section 8 authorizing legislation, have passed in the respective Banking Committees and could come to the House and Senate floors in March. The House version, H.R. 2406, includes a provision which would permit HUD to withhold CDBG funds to any city which "contributed substantially to the troubled status" of the local public housing authority. This still leaves conference, and final agreement between the House and Senate before a bill can be sent to the White House for the President's signature. There is no certainty that this will happen before Congress adjourns in the fall. The Senate bill would create two block grants directed to public housing authorities iPHA), and transfer responsibility for setting preferences and rents to the PHAs while requiring that 40 percent of housing units be available for people with incomes at or below 30 percent of the median area income. The House bill would repeal the foundation of public housing law, the Housing Act of 1937, and the Brooke amendment, which sets maximum rents at 30 percent of a tenant's income. It would reserve only 25 percent of housing units for the very poor. • RE -AUTHORIZATION OF CDBG, HOME, AND HOMELESS PROGRAMS Introduction of authorizing legislation for all other HUD programs, including CDBG, HOME and homeless programs, is anticipated for early spring. The Senate bill is expected to maintain CDBG and HOME as separate block grants with some fungibility between the two,grants, and would not alter current formulas and distribution. The House bill is expected to consolidate CDBG, HOME and homeless programs into a coordinated community fund targeted to the most distressed areas of communities. Funding and accountability would be based on a strategic plan developed with a holistic approach to a community's needs, and a simple program format would provide states and localities with flexibility in their use of these consolidated programs. There is little certainty that agreement will be reached on authorizing legislation before the 104th Congress adjourns. NLC POLICK NLC's goal in housing is a decent home in a suitable living environment for each American along with adequate financial stability to maintain it. NLC's goal for community development is to conserve and improve the physical, economic, cultural and social conditions and opportunities a community affords its residents. Community development succeeds when people working together take ownership to revitalize and strengthen their community's quality of life. NLC believes these policy objectives must be accomplished in conjunction with necessary efforts to lower the federal deficit and realign government to be more efficient, effective, and accountable. Any federal program redesign, however, must view all national programs comprehensively, exposing all areas to equal scrutiny. Program redesign must be equitable and sensitive to its direct and indirect effects on different levels of need, fiscal condition, and constraints. It must also be results -oriented. It must neither discriminate against any income group, nor leave unprotected those who cannot protect themselves. In short, the benefits from government action must be balanced carefully against the costs of inaction. egg, ACTION ! City officials should communicate to the administration and their Congressional delegations the problems they are facing in their communities due to lack of funding for housing and community development programs. Urge them to agree on and pass 1996 HUD appropriations now! Urge your Congressional delegation to expedite passage of Public Housing authorizing legislation and a separate CDBG, HOME, homeless and special needs authorizing bill before Congress adjourns in the fall. If funding for the rest of the fiscal year is only done under short-term continuing resolutions, and these programs are not reauthorized this year, their existence could be threatened. Ask your Congressional delegation to contact the House -Senate conferees for H.R. 2406 and S. 1260 to ask them to eliminate all language in the final Public Housing authorizing legislation that would withhold CON funds to penalize cities for contributing substantially to the troubled status of a PHA. Suggest that adoption of incentives for cities would be the constructive approach to take. For more information contact Cameron Whitman Senior Legislative Counsel Center for Policy & Federal Relations (702) 676.3010 1/96 0 0 0 0 r4 P I nO7." NATIONAL LE UE OF CITIES. 1996 HOT ISSUES TAKINGS we opposes federal resulations, statute, or amendments whieh place 11e516ctions 00 state and local government actions by regulating private property or requiring additional compensation beyond the continually evolving judicial interpretations of the Fifth Amendment of the United states Constitution. In 1994, landowners, real estate developers, and industry leaders came together to lobby executive and Congressional officials for support of what has come to be known as "takings" legislation. The basic argument asserted by these groups is that government regulations interfere with the right of corporate and individual property owners to maintain and utilize their property and often to- maximize the property's profitability or value. They urged Congress to introduce and support legislation that would make it considerably more difficult for the federal government (and consequently state and local governments) to regulate private property. Efforts to enact federal "takings" legislation have continued into 1995- 96. In March 1995, the House of Representatives enacted a "takings" bill, as part of H.R. 9. In late November 1995, the Senate Judiciary Committee approved and sent to the full Senate its "takings" bill, S. 605. The Senate is likely to consider S. 605 sometime in the spring of 1996. What is a "Takings"? The issue of "takings" has long been important to cities and towns. The Fifth Amendment states: "nor shall private property be taken for public use, without just compensation." There is little dispute that this clause requires a government to provide just compensation whenever it appropriates, or takes physical possession of, private property. r$ut what if the government does not take actual possession, but rather regulates property to such a degree that its value is diminished It was not always clear that the Fifth Amendment even applied in such circumstances, but in 1922 the Supreme Court said that it did. Specifically, the Court held in Pennsylvania Coal Co. V Mahon that the general rule is that while property may be regulated to a certain extent, if regulation goes too far, it will be recognized as a taking. This holding gave rise to a much more difficult issue: when does a regulation go too far and thus constitute a "taking"? The Supreme Court has laid out several principles for lower courts to follow. The leading principle considers whether an "essential nexus" exists between the government's interest in the land and the conditions imposed on development, and, if such nexus exists, what is the "required degree of connection" between the dedication and the projected impact of the proposed development. The Supreme Court's decision in Dolan v. City of Tigard held cities to a new, more restrictive standard to be used when regulating the rights of private property owners. In this case, the Court determined that the City of Tigard, Oregon violated the Fifth Amendment when it required a property owner to dedicate part of her land for community use as a condition of receiving a permit for building or development. In reaching its decision, the Court determined that in order for the city to demonstrate the "required degree of connection" to impose such regulations, it must demonstrate a "rough proportionality" between the dedication it demands and the projected impact of the proposed development. According to the Court, "no precise mathematical calculation is required, but the city must make some sort of individualized determination that the required dedication is related both in nature and extent to the impact of the proposed development." Despite the increasingly favorable reception courts are giving constitutional "takings" claims, some members of Congress are advocating "takings" legislation that would go beyond what the courts have interpreted the constitution to require. LEGISLATIVE PROPOSALS • House On a 277 to 148 vote, the House of Representatives approved H.R. 925 (H.R. 91, "takings" legislation to entitle property owners to compensation if government actions under the Endangered Species Act, the Clean Water Act wetlands permit program, and farm conservation and federal irrigation programs reduce the value of even a small portion of the property by 20 percent or more. f� The bill would also require that any portion of the property devalued by 50 percent or more would have to be purchased by the government at the owner's request. e Senate Senators Orrin Hatch (R -UT), Phil Gramm (R -TX) and Bob Dole (R -KS) have introduced S. 605, a "kitchen sink" approach to "takings" that broadly defines property as not only land and water, as in the House bill, but as buildings, fixtures, property defined by contract, intellectual property, securities and business profits. The bill would apply to nearly all federal agency action and would mandate payment when government action results in a 33 percent reduction in the value of an affected portion of property. It would also require that federal agencies prepare a "taking impact analysis" before issuing or promulgating any regulation, policy, or proposed legislation. Agencies would also have to review existing regulations and re -promulgate those that result in a "taking" under the bill. • Administration President Clinton has stated that he will veto "takings" bills requiring compensation. MUNICIPAL IMPACT The same groups that are pushing for legislative action at the federal level are also active in supporting state "takings" legislative proposals. Any legislation enacted at the federal level could set a precedent for state legislation which would impose similar requirements and restrictions on the actions of state and local governments. The types of local government actions which might be substantially restricted by "takings" legislation include local zoning and planning classifications of land; local regulation of business activity; and local affordable housing programs. " "Takings" legislation, both assessment and compensation, could create a new federal entitlement spending program with unforseen consequences for the federal deficit. Taxpayers would be forced to pay for these new government expenditures, as well as for the burgeoning bureaucracy and cumbersome paperwork that would ensue. For example, a study done in New Hampshire of "takings" bills pending in the state legislature similar to those pending in Congress found that such a bill could cost a town like Dunbarton around $2.8 million, or a city like Laconia around $8.5 million. A similar study done in the state of Washington on the state's property rights initiative estimated that the cost to local governments of the legislation would range between $3.8 and $11 million annually. " H.R. 925, S. 605 and similar bills could increase litigation among levels of government and private property owners. The bill would require compensation to a property owner by a federal agency for a reduction in the value of the property when a local law regulating the private property is the result of a federal mandate. However, the difficulty in determining whether a local law is actually required by federal law would likely cause substantial litigation among all levels of government and private property owners. This could impose increased costs on cities and towns for litigation expenses, attorneys' fees, and, possibly, shared compensation awards. While most of the current proposals appear to apply only to federal government actions, success of these measures may create a political environment in which "takings" decisions of courts are more restrictive of governmental power, such as local government permitting and zoning. The courts' attitude towards the "takings" issue could produce an even greater volume of "takings" litigation against cities and towns. N1 POLICY.• NLC opposes federal regulations, statute, or amendments which place restrictions on state and local government actions by regulating private property or requiring additional compensation beyond the continually evolving judicial interpretations of the Fifth Amendment of the United States Constitution. lw ACTION ! Immediately call and write your Senators and urge them to oppose S. 605 or other compensation legislation considered on the Senate floor. Share with them the examples outlined above about the possible impacts such a federal law could have on municipalities. For More Information Contact Barrie Tabin Senior Legislative Counsel Center for Policy & Federal Relations (102)626.3020 1/96 1996 HOT ISSUES REAUTHORIZATION OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) NIC supports an ISTEA reauthorization proposal that preserves a meaningful role for local governments in transportation planning and that ensures that local governments receive a fair share of federal transportation funds NIC also supports policies that make mass transit a viable transportation option. BACKGROUND In 1991, Congress passed the Intermodal Surface Transportation and Efficiency Act (ISTEA). ISTEA was the first major rewrite of federal transportation policy in 35 years and represented landmark legislation for cities, towns and mass transit. For the first time, local governments had direct access to federal transportation funds. ISTEA established new programs, such as the Congestion Mitigation and Air Quality Improvement program (CMAQ) and the Surface Transportation Program (STP), which enabled local governments to fund transportation projects which best met locally determined goals and objectives. In addition, ISTEA provided suballocated funds to urbanized areas, containing more than 200,000 persons, which they can spend on local transportation priorities. ISTEA has also given local governments a meaningful role in transportation planning. In urbanized areas, containing more than 50,000 persons, planning is conducted by metropolitan planning organizations (MPOs), which consist of locally elected officials. Although State Departments of Transportation are responsible for transportation planning activities in all other areas, ISTEA requires States to work with MPOs, transit operators, other affected agencies, and the general public to develop statewide transportation plans. ISTEA also gave mass transit a boost by increasing its funding and by encouraging States and local governments to invest in mass transit projects. ISTEA attempted to "level the playing field" between highways and mass transit by making the federal lstatell ocal funding match ratio the same for both highway and mass transit projects. In addition, ISTEA's flexible funding provisions enabled highway funds to be used for mass transit projects. In 1995, the basic framework of ISTEA was threatened. The final transportation appropriations bill cut mass transit operating assistance by 44 percent; the House version of the bill would have enabled states to use federal funds, authorized for programs that benefit cities and towns, on state priorities; and the U.S. Department of Transportation (DOT) was expected to introduce a reorganization proposal, calling for creation of an intermodal agency and, thereby, blurring the distinction between mass transit and highways. Although the last two of these efforts failed, ISTEA is expected to be threatened again in 1996. NIC POLICY NLC supports federal regulatory flexibility that allows local governments to use federal highway and transit funds in ways that best meet local needs. NLC also supports direct suballocation of federal ISTEA funds to MPOs representing urbanized areas. NLC also urges Congress to permit small cities with populations less than 50,000 and rural communities with the option to receive ISTEA funds directly. Federal regulatory flexibility is essential since local governments must stretch limited fiscal resources to solve regional and local transportation problems and meet needs. NLC policy states that the fundamental responsibility for transportation project design, management, and operation must be at the local level. NLC supports giving municipalities the ability to set their own priorities in transportation investment and giving communities greater voice and flexibility in influencing transportation plans that satisfy local needs and objectives. Federal policy must continue to recognize and acknowledge that local officials must play a preeminent role.jn local transportation planning. NLC policy also states that public transportation is an essential public service, which should continue to be subsidized by a partnership of federal, state, and local governments. • CONGRESSIONAL STATUS ISTEA is scheduled to expire in 1997; however, Bud Shuster (R -PA), Chairman of the House Transportation and Infrastructure (T&I) Committee, intends to reauthorize ISTEA in 1996. Based on past Shuster proposals, a Shuster bill may try to erode ISTEA's current framework by increasing the power of State DOTs and by promoting highway interests. For example, Shuster may propose a state block grant program, which would centralize statewide planning and funding power in State DOTs. He may also try to eliminate some of ISTEA's flexible funding provisions, which have benefitted urban transportation programs, such as mass transit, in the past. or ACTION ! +, Visit your State delegations and state your support for the basic framework of ISTEA. Educate your members about the importance of ISTEA's funding and planning provisions to your community and to local governments in general. • Explain that state control of transportation programs would probably result in less money for local transportation projects •- money, which their constituents would likely have to make up. + Emphasize the importance of mass transit to your community and local governments, in general. Explain that mass transit is an essential public service whose primary objective is to provide mobility for all people, including the disabled, elderly, and economically dis-advantaged. For more information contact Hol/y L ynch legis/afire Counsel Center Policy & federal Relations 12021626.3020 1196 Meadow View Road Street and Utility Construction Feasibility Report City of Eagan Minnesota City Project No. 615R SEH No. A-EAGAN9601.00 March 14, 1996 J P • ?~u�4 \101 Meadow View Road Street and Utility Construction Feasibility Report City of Eagan Minnesota City Project No. 615R SEH No. A-EAGAN9601.00 March 14, 1996 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: Review Bv: Review By: Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive 200 SEH Center St. Paul, Minnesota 55110 (612) 490-2000 March 14,1996 Reg. No.: 9402 Public Works Dept. Finance Dept. Date Date March 14,1996 RE: Eagan, Minnesota Meadow View Road Feasibility Report for Street and Utility Construction City Project No. 615R SEH No. A-EAGAN9601.00 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 ATTN: Thomas Colbert, Director of Public Works Dear Mr. Colbert: Enclosed is our report for storm sewer the street and utility construction in the vicinity of Meadow View Road east of T.H. 13. The proposed improvements are feasible and will benefit the adjacent properties. Estimated costs and preliminary assessment roll are included in this report. We would be pleased to meet with you at your convenience to discuss this report. Sincerely, Leonard C. Newquist, P.E. Project Manager tlo Table of Contents Certification Page Letter of Transmittal Table of Contents Page Scope.......................................................... 1 Report Contents ............................................ 1 Background............................................... 1 Feasibility...................................................... 2 StormSewer .................................................... 2 Roadway....................................................... 3 Utilities........................................................ 3 General................................................... 3 Sanitary Sewer ............................................. 4 WaterMain ................................................ 4 Easements..................................................... 4 Permits........................................................ 4 CostEstimate ................................................... 5 Assessments................................................... 5 Revenue Source ................................................. 6 ProjectSchedule ................................................ 6 Feasibility Report A-EAGAN9601.00 Eagan, Minnesota Pa e i List of Appendices Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Exhibits Exhibit No. 1 - Location Map Exhibit No. 2 - Storm Sewer - Ravine Exhibit No. 3 - Storm Sewer - Meadow View Road Exhibit No. 4 - Typical Street Section Exhibit No. 5 - Street Layout Exhibit No. 6 - Sanitary Sewer and Water Main Exhibit No. 7 - Easement Map Exhibit No. 8 - Storm Sewer Drainage District Exhibit No. 9 - Assessment Map Feasibility Report A-EAGAN9601.00 Eagan, Minnesota Page ii March 14, 1996 Feasibility Report Meadow View Road City of Eagan, Minnesota Scope Report Contents This project consists of the construction of storm sewer facilities to control runoff through the ravine located north of Meadow View Road. Also included in this report is the construction of Meadow View Road and associated sanitary sewer and water main. The properties to both the north and south of Meadow View Road are zoned light industrial. The general location of this project is shown on Exhibit No. 1. Background The storm sewer portion of this report is the result of a grading permit request by Lull Industries for improvements to their property located north of and adjacent to Meadow View Road and west of and adjacent to T.H. 13. The concern with the Lull Industries development was the increased runoff discharging through a ravine located west of the Lull property and north of Meadow View Road. The ravine, located on private property, discharges water across highly erodible private property and through a box culvert crossing under the railroad tracks before entering the Minnesota River Valley. Of particularly concern was the erodible soils at the downstream end of the ravine and the potential of the box culvert becoming blocked. A draft report, dated October 12, 1995, was prepared proposing the installation of a storm sewer in the ravine extending from the upstream portion of the ravine to the railroad track box culvert. The ravine storm sewer was identified as a Phase I installation with later phases required when Meadow View Road is improved. All phases of the storm sewer system proposed in the draft October 12, 1995 report are shown on Exhibit No. 2. The estimated cost of this system, excluding easement cost, is approximately $49,000 more than the system proposed later in this report. A-EAGAN9601.00 �- Page 1 An informational meeting was held on October 26,1995 to review the October 12, 1995 draft report storm sewer system. The property owners objected to the storm sewer location on their property. Instead, they favored a storm sewer system to be located in Meadow View Road that collected the storm water before entering into the ravine. The Meadow View Road system is the same as the storm sewer proposed in the Meadow View Road Street Construction Report, dated July 16,1991. Based on the comments obtained at the October 25, 1995 meeting, this report includes street and utility improvements in Meadow View Road in addition to the storm sewer improvement. The installation of the improvements can be phased with the storm sewer constructed prior to the street and utility improvements. The sanitary sewer will be from 2 feet to 7 feet lower than the storm sewer, and its installation after the storm sewer will require construction support for approximately 300 feet of storm sewer. Construction costs for the improvements contained in this report were reviewed by City staff and assessment procedures established with assistance from the City's attorney's staff. A second informational meeting was scheduled on February 20,1996 to review the improvements contained herein. Notices were sent to all property owners adjacent to Meadow View Road; however, one person attended the second informational meeting. Therefore, this report is prepared without public comment, but with direction obtained at the October 26, 1995 meeting. Feasibility Based on our study, it is concluded that: 1. The estimated cost for storm sewer, street and utilities, including easements, is $395,165. 2. The project is feasible from an engineering standpoint. 3. It is recommended that the project be constructed as proposed in this report. Storm Sewer The storm sewer as proposed is shown on Exhibit No. 3, and the drainage district is shown on Exhibit No. 8. Design is based on the rationale method of estimating storm water runoff. A 5 year return frequency and a runoff coefficient of 0.7 were used to estimate storm water runoff. Future development was considered in the selection Feasibility Report A-EAGAN9601.00 Eagan, Minnesota t Page 2 of the runoff coefficient. The drainage district extends to the east side of T.H. 13. Storm water from the area east of T.H. 13 reaches Meadow View Road through a culvert crossing under T.H. 13. The storm sewer as proposed will pickup the drainage at the west end of the culvert. Storm water will discharge into Pond CP -9 through an existing 42" storm sewer crossing under the railroad tracks. Pond CP -9 receives 207 acres of direct runoff and 1,077 acres of ponded runoff, for a total tributary area of 1,284 acres. The storage volume of Pond CP -9 is 63.7 acre feet, with a normal water level elevation of 698.7 feet, a high water level elevation of 702.0 feet and an outflow of 204 cfs. Storm sewer pipe sizes range from 15 -inch to 30 -inch in diameter. Roadway Roadway work proposed consists of a reconstruction of an existing gravel -surfaced roadway. The roadway is proposed to be 36 feet wide, 10 ton design with B-618 concrete curb and gutter. Typical street section is shown on Exhibit No. 4, and the geometrics are shown on Exhibit No. 5. Street section is based on Sigma -N18 design utilizing Hveem stabilimeter R -value on the existing soil recommended in a Soil Investigation Report for the Meadow View Road improvement dated September 7, 1991. Meadow View Road will terminate in a cul-de-sac near the railroad right-of-way as shown on Exhibit No. 5. In addition to the above street improvement, nine driveways are proposed to be constructed to serve the adjacent properties. These driveways will built in accordance with Eagan Public Works Department Standard Plate No. 440 for light truck traffic. Utilities General The properties on the south side of Meadow View Road are developed and are served with City sanitary sewer and water main. A majority of the property on the north side of Meadow View Road is undeveloped. A 12 -inch water main is located on the south side of Meadow View Road right-of-way, and a 12 -inch trunk water main is located on the east side of T.H. 13. A 36 -inch trunk (MCES) sanitary sewer is located on the west side of T.H. 13. An existing sanitary sewer is located on railroad right-of-way just west of Meadow View Road. t-easimity Report A-EAGAN9601.00 Eagan, Minnesota Page 3 Sanitary Sewer An 8 -inch sanitary sewer is proposed to serve the westerly three properties north of Meadow View Road as shown on Exhibit No. 6. The parcel north of and adjacent to Meadow View Road and west of and adjacent to T.H. 13 may be served by the 36 -inch sanitary sewer located on the west side of T.H. 13. Water Main Two water main extensions are proposed from the Meadow View Road water main as shown on Exhibit No. 6. This extension will serve the westerly two properties north of Meadow View Road. Six- inch services are proposed to serve these parcels. Easements Both permanent and temporary easements are shown on Exhibit No. 7. The existing Meadow View Road right-of-way is 30 feet. The existing gravel road encroaches on the northerly private properties. An additional 30 feet of right-of-way is needed over the northerly private properties in order to install the storm sewer and reconstruct Meadow View Road. Also, additional right-of-way is needed to construct the cul-de-sac at the west end of the roadway and additional right-of-way is needed on the south side adjacent to T.H. 13 in order to maintain a more perpendicular connection to the highway. Temporary easements are necessary for slope grading and are also shown on Exhibit No. 7. Permits The following regulatory agency permits will be needed: Minnesota Department of Health - Water Main Extension 2. Minnesota Pollution Control Agency and Metropolitan Waste Control Commission - Sanitary Sewer Extension 3. Lower Minnesota Watershed District - Storm Water Drainage 4. Chicago Northwestern Railroad - Work on Railroad Right -of -Way 5. Minnesota Department of Transportation - Roadway Work on Highway Right -of -Way Feasibility Report A-EAGAN9601.00 Eagan, Minnesota Page 4 Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 1996 construction costs and include contingency and legal, administration, engineering and bond interest. A summary of the cost are as follows: Storm Sewer $95,515 Easements 23.800 Subtotal Storm Sewer $119,315 Roadway 209,500 Driveways 23,400 Sanitary Sewer 31,440 Water Main 11.510 Total Estimate Cost $395,165 Assessments Assessments will be based on final construction costs plus related overhead expenses, estimated to be 35 percent of the construction cost and all costs associated with easement and right-of-way acquisition. The assessments will be spread over a 15 year period with the interest rate determined by the results of the bond sale. Assessments will be made in accordance with current City policy and in the following manner: Storm Sewer - On an area basis to that portion of the property within the storm drainage district as shown on Exhibit No. 8. The City will participate for that portion of the district east of T.H. 13. Roadway - One-half of the cost assessed on a front foot basis and one-half of the cost on the number of existing or potential future connecting driveways. Driveway - Unit assessment based on the number of existing or potential future driveways. Sanitary Sewer - Unit assessment based on the number of properties served. Water Main - Unit assessment based on the number of properties served. Feasibility Report A-EAGAN9601.00 Eagan, Minnesota ikF Page 5 Exhibit No. 9 shows the type of assessment to each of the parcels adjacent to Meadow View Road. Revenue Source All of the costs for this improvement is proposed to be assessed in accordance with current City policy. Project Schedule Informational meeting February 20, 1996 Draft report due March 14,1996 Present report March 19, 1996 Hearing April 16,1996 Plans and specifications approved May 20,1996 Award construction contract June 18, 1996 Substantial completion September 1996 Final assessment hearing February 1997 First payment due with real estate taxes May 1998 * Date dependent upon scope of construction Feasibility Report A-EAGAN9601.00 Eagan, Minnesota Page 6 - - 9 Appendix A Preliminary Cost Estimate Meadow View Road City Project No. 615R U7 -APF -T Meadow View Road City Project No. 615R Storm Sewer Preliminary Cost Estimate Description Unit Est. Qty. Unit Price Amount 12" Storm Sewer L.F. 35, 19. 665 15" Storm Sewer L.F. 435 21 9135 18" Storm Sewer L.F. 150 24 3600 21" Storm Sewer L.F. 115 27 3105 24" Storm Sewer L.F. 215 311 6665 27" Storm Sewer L.F. 4801 35 16800 30" Storm Sewer L.F. 120 371 4440 15" Apron Each. 1 650 650 48" Manhole L.F. 69J 160 11040 60" Manhole L.F. 16; 230 3680 Manhole Casting Each 101 300 3000 Beehive Casting Each 1 340 340 Connect to Exist. M.H. Each 1 400 400 Connect Exist. Pipe to MAJ Each 2 400 8001 Subtotal Storm Sewer $64,3201 +10% Construction Contin encies 6432 Estimated Construction Cost $70.752 +35% Legal, Admin. Engineerinq & Bond Interest 24763 Total Estimated Cost - Storm Sewer! $95.515' D9R-.AFT Meadow View Road City Project No. 615R Roadway Preliminary Cost Estimate Description Unit Est. Qty. Unit Price Amount Clear and Grub Trees Each 8 $400 $3,200 Common Excavation C.Y. 2800 6 16800 Topsoil Borrow C.Y. 580 9 5220 Su rade Preparation Rd. Sta.141 150 2100 A re ate Base, CL 5 Ton 2140 81 17120 Type 41 Wear Ton 7501 28 210001 Type 31 Base Ton 1 1000 25 25000 Tack Coat Gal. 300 1 300 Conc. Valigy Gutter L.F. 480 14' 6720 B-618 Conc. Curb L.F. 2800 7 19600 Agust Valve Box Each 61 130 780 12" Catch Basin Leads L.F. 1951 35 6825 Catch Basin 1 L.F. 321 140 4480 Catch Basin Casting Each 8 3201 2560 Remove Culverts L.F. 2401 2' 480 Sodding S.Y. 1 2500 2 5000 Seeding Acre 1 540 540 Mulch, Type l Ton 2 225 450 Disc Anchoring Acre 1 11 100 100 Extension Silt Fence L.F. L.F. 4 201 .oann Estimated Construction Cost $155.161 +35% Legal, Admin. Engineering & Bond Interesi 54,339 Total Estimated Cost - Roadway s209.5no Meadow View Road City Project No. 6158 Driveways Preliminary Cost Estimate Description Unit Est. Oty. Unit Price----F— rice Amount Aoqreqate Base, CI.5 Ton 160 $8 $1,280 Conc. Driveway Aron S.Y. 500 29 14500 Subtotal driveways $15,780 Plus 10% Contin enc 1578 Estimated Construction Cost $17,358 Plus 35% Legal, Admin. Engineering, & Bond Interest 6042 Total Estimated Cost Driveways $23,400 D AFT Meadow View Road City Project No. 615R Sanitary Sewer Preliminary Cost Estimate Descri tion Unit Est. Qty. Unit Price Amount 8" Sanitary Sewer 8'- 10' Deep L.F. 325 $19 $6,175 8" Sanitary Sewer 10'- 12'Deep L.F. 260 22 5720 Std. Manhole 8' Deep Each 3 1300 3900 Additional Manhole L.F. 16 110 1760 1 Service W es Each 3 55 165 6" Service Pie L.F. 150 15 2250 Connect to Exist. Manhole Each 1 1200 1200 Subtotal Sanitary Seweri $21,170, +10% Contingencies 2117 Estimated Construction +35% Legal, Admin., Engineering & Bond Interest 8153 I Total Estimated Cost - Sanitary Sewer $31,440 Meadow View Road City Project No. 615R Watermain Preliminary Cost Estimate Description Unit Est. Qty. Unit Price Amount 6" Watermain L.F. 120 $46 $1,920 8" Watermain L.F. 100 19 1900 6" Gate Valve & Box Each 2 550 1100 Fittings Pound 600 3 1800 Cut into & Connect to Existing W.M. Each 1 730 730 Connect to Exist. W.M. Each 1 300 300 Subtotal Watermain $7,750 +10% Contingencies 775 Estimated Construction Cost $8,525 +35% -Legal, Admin. Enc lineering&Bond Interest 2985 Total Estimated Cost - Watermain! $11 510 Appendix B Preliminary Assessment Roll Meadow View Road City Project No. 615R rLo0)TtOTNr0CD cm cO NORC0OTl, 10)r 0il�*-toMto E r0NriFOITCOfn O co +� lC) 0 1� 0) V r It ~ uOiI0YCM�COOtO0N04 OD N OIO W O to O fl- P. AN TI—T 1-1-71 100C; I cu O o 0 00 0 0 0 0' O O 010 00000 0 0 0000000 N m o co co to O 0 LO tD to lq Z ` N N N N 0 N N N 0 OOTtOrN,r000 �Or'N O'', OOt0O—N 0 0 Q"' t�TCC�O%TNChOi F, O k1A N OD CO 'G 0 OD to I-- OD In O T �. ` O ,,'T r co ca z0 F- 06 O fz C co qt 0 N Go U) t0 N C7NTNd'TTI cD C0 0D CD V O) N O G L N Z N N I O V 0) W maDC9OODN�OOR OOD O 30 Q In MMCO7(�0r)—COV! OaQ mCOwcoto0coco cO0 co I 0 r r T T 0 CC) T T N r r O W C Q 2 'E T v ICOONh OII"NOI� O, 0 Un r N C9 In r O T W O CL OITCh'f.uiNN�tMO O � T OD IV V O CO M CID N LO CIO � CO N O co co ui c) NL 0N N N a Oce ` W C*i or N LL T r r 0 T COO OOO co Ooo� a� Ivi Lqr-oo)i m - N N co tri �i of U) T W W N 0)O :ii i 0 O �rT ON V O M1T � I I W1r I 3 V 000 &LfJLq O O O 0 T T T T: CV c r T RUIRRAR w IN OOTV� ONT N4 0 0 0 0 0 0 0 C�Oi 0000000' r O r NN r 1p r r CV .Oc9OOOOOOO L O, 0 0 0 0 0 0 0 0 OOtOW0000 O OD ODv�hrOO)w OONNODOO) sOOOONNvCOCM 0 H. O Cd L N 2 E o CH F m 0 a) ca O m m E o) o N 0 — C 0 CD t6 N t N m y O¢ N F r N O Z Appendix C Exhibits Meadow View Road City Project No. 615R leo < W T�O Iso 12 - BIRCH PT. i PARK- ' MEN o T r BLUFF of - FOREST RII - IRONWOOD MTUWv I OR .:' YANK INTERSTATE s9s ST .. I Ir a zo LOSr SAVq as °t c NE _ FACILITY 4P NW colwvrgY CLUB NE W� o NW CORPORATE W Ptl�uc +' 1s NE �� �• WORKS "RACE W g ; 8 Wq� ." < TE ROAD CENTER CURVE + - ® _ = AVALON AVE f }l/PicirviEw Imu NKiNVI W AVE. J { (I PA � 1 �- r� ii' AVE. Ti W ' SE 7WE SW T 5KYUNE RO E C W La CI a J SKYLINE TR. I i Z 9 :3� SKYLINE M+ aTM^>� < � L �' 14� V LONE — r� P, I OAKS RDS e. No 261C W A. J EADOW YEW IV � NE �` NNW R V ED ;. Ro ir 1 -�' �a R AI t E PARK W u! PROJECT LOCATI - 51 tv f ! z Q TAMARAC 1 SE • < W 00— aIIARRr - SW - BIRCH PT. i PARK- NORWAY Pi BLUFF of - FOREST RII - IRONWOOD MTUWv I OR YANK ST I WATMEArr c / NE+' FACILITY 4P ' O'LlLARY I � W Ptl�uc +' 1s NE � NWY 1 WORKS "RACE ." < f PARK ® e Imu KYLLO LA ►� t W I E X ��, .. ENGLE u x vE"1}rt. all 'L LOCATION MAP FILE NO.MEADOW VIEW ROAD Atm EAGAN9609601 EXHBR PROJECT NO. 615R DATE:,fes NO.%14/96 EAGAN, MINNESOTA r r E 0 DO 6 cc 0 J 0I W f W Lo n W 0 Q 0 d U U Z O U co g\Q . C N m� 0 W W U O O v W V) W J Cn U O Er C� U OU V) Q Z Lu M �VaW ~mom Do US W C� } ~Q CO N m TYPICAL STREET SECTION TO FILE NO. MEADOW ROADVIEW ROAD BURNS9511.00 PROJECT NO. 615R EXHIBIT DATE: NO. 3/14/96 EAGAN, MINNESOTA J m J O o Q N1 a 0 0x V o �m 0 W W U O O v W V) W J Cn U O Er C� U OU V) Q Z Lu M �VaW ~mom Do US W C� } ~Q CO N m TYPICAL STREET SECTION TO FILE NO. MEADOW ROADVIEW ROAD BURNS9511.00 PROJECT NO. 615R EXHIBIT DATE: NO. 3/14/96 EAGAN, MINNESOTA • •. ,r fr. ----------- 0 Q... ..a.. ....... ............... AS y�. W ...................................... \ \....................................».... .....,.. .a� w.a.... w ..._ . ............................. ...........•.............................. 3 ::.........:.......»»..:...».................................. r•!D + � o• � \ < '9F , � � r r '�•.. Li Y \ • .. . �:• i \ STREET LAYOUT a \ LU Q Q M FILE NO. MEADOW VIEW ROAD N EAGA9601 PROJECT NO. 615R EXHIBIT DATE: g6 EAGAN, MINNESOTA NO. 5 ........ .... is .,�................. ♦................................................... .. \ .•..: :' ...�.:....__ - ..;............•..... .......... ::.................... ........................................ - ....... \ f c R. G E o N \ \ - N1 O � ' O \ .. ... ♦ \ 6 ....... R ..: : y ...-633 \. H SANITARY SEWER & o ,• WATERMAIN Z �- Q w r FILE N0. EAGA9 O. MEADOW VIEW ROAD PROJECT NO. 615R EXHIBIT �� DATE: c- EAGAN, MINNESOTA NO. 6 E 0 .............. . .................................. FILE NO. EAGAN9601 DATE: 3/14/96 .............................. EASEMENT MAP MEADOW VIEW ROAD EXHEWr PROJECT NO. 615R NO. 7 EAGAN, MINNESOTA FILE NO. EAGAN9601 DATE: 3/14/96 ... .. ................... ............................ .............................. EASEMENT MAP MEADOW VIEW ROAD EXHEWr PROJECT NO. 615R NO. 7 EAGAN, MINNESOTA FILE NO. EAGAN9601 DATE: 3/14/96 .............................. EASEMENT MAP MEADOW VIEW ROAD EXHEWr PROJECT NO. 615R NO. 7 EAGAN, MINNESOTA E ti o .... .........„._____.--.--.--..........._..................................................................... i.... _.__.................. ......... ..... ....................... t. .l .... ..C�! ...... \ pO 1 I Q � n Cs LEGEND of � O bi STORM DISTRICT \ BOUNDARY �- CD ® ASSESSMENT AREA \ w STORM SEWER Q DRAINAGE DISTRICT w E FILE NO. 01 MEADOW VIEW ROAD EXi ESR PROJECT NO. 615R DATE: NO. 8 3/14/96 EAGAN, MINNESOTA ti.. E ti o .... .........„._____.--.--.--..........._..................................................................... i.... _.__.................. ......... ..... ....................... t. .l .... ..C�! ...... \ pO 1 I Q � n Cs LEGEND of � O bi STORM DISTRICT \ BOUNDARY �- CD ® ASSESSMENT AREA \ w STORM SEWER Q DRAINAGE DISTRICT w E FILE NO. 01 MEADOW VIEW ROAD EXi ESR PROJECT NO. 615R DATE: NO. 8 3/14/96 EAGAN, MINNESOTA E 0 a CN 0 0- ui Of 0 to M Li ui cl-1 CD 7d ZZ, L 00900-010-26 STREET STORM SEWER ----------- ---------------- .............. .. 22480-020-01 o CN STREET STORM SEWER 0 00 Lo cN .......................... ..................... 00800-030-04 STREET SAN. SEWER 00800-010-04 STREET WATER SAN. SEWER 0 CN 00800- 020-04 `STREET V oi WATER SAN. SEWER FILE NO. EAGAN9601 ► DATE: 3/14/96 rn 'coco 39900-010-01 CN STREET ASSESSMENT MAP MEADOW VIEW ROAD EXMrT PROJECT NO. 615R NO. 9 EAGAN, MINNESOTA MAR -04-1996 17:33 MAYOR'S BUDGET OFFICE 612 266 8541 P.02/05 Application for One -Day For Roam use only't Off -Site LaWful GaMbling Base License # 1 Address: c� t nr Deo oaObox nun,bea . EMl c u �'► Cir 71e eeds 1, Nlpne of lorafon where off-dw gambling will be heW 4. Hao your orgarkafen ooeducred eK.ske gambling this eatander YW? O YatNo N yes. what Wes TO dme of tM event? IX MU9 and caeeq. Slgnatute of Executive Officer 1. The city must sign this application if Ine gambroV premises is located within city Gmils. 2. The gg=AND MMM& must sign this application if the Qamblim premises is located within a township. 3. The local unit or govemmam (miry or county) must pass a rasdu6on specifically oppror1n8 or denying this apprWadon . S. If this application is darned by the local unit of gavernment, it should not be submitted to 0* Gambfina Cenbol Be" City or County Township City or county Hamel r Township nme Signatu pf roan oelvin� appGeaGon Sionaturo of parson roeoi*o applironon Title Dale moeived Alm in ss 'S- 9/0 Tide tate received Is township : Crpanlzed_,Unwgtn Izad UnIm*Moratw Attach a copy of the fease for the off -ate Wooden and a copy of the approving rewlutlon from the Well unit of government Mal this application to. Gambling Control Board Rosewood Plaza South. 3rd Floor 1711 W. County Road B Roseville. WIN 55113 612 266 8541 03-04-96 06:25PM P002 #30 MAR -04-1996 17:34 MAYOR'S BUDGET OFFICE 612 266 8541 P.03/05 LGWZ WmaeSotftt Lawful Gombhng •Lvsras,�s) LEASE AGREEMENT POR PEML-TAA PADALXawHzjEL, zwsaA VA AND/OR RAFaS AGTIYZTYATAPERbfIT MPRMISES Mame of Agpl Owner of Peopedy Strext 1Welr�as c;y , zip Daylim Pbono Weftte Of LOW $tract Address Cdy Zip Daytime Phone (rWs may or may not be th ium as the Lcgd Owner of titc Property) Neuac of T rile d Strad Addwu Tap Dsy6mes QFC un6 GW - 657-9 o OWA4J 6'S-Iz/ (614 YS2- 66SM Name of Los= (lame of Orgaabasoft laa mg the piemisea) OCH Licatse >M of Ompabation Daytimv Phone Children's Program of.11ortbarr Ireland A-04567 (612)920-3520 7jrpc of gambling atWty (check all ilial apply) that will be conducted at this gafnbft pranism JRR&ffka M Paddleewhevb © PUB -tabs - 0 Tipboards Toed teat mmot ettesed Sx,OW Per month br an uotrbliage lens agresu mb with your orguale*" for Mk gambNeg pnnnlsrsr Aim ape 1=600 may Sot pry rent to itself or to any at 1b SM11 fes rot •price Dred for the eoodud ar lswhd g+imblbi' Rent to be paid per month 5 0 Litt auacnsiops of fail =a k ned by yow wBniWon for d w conduct or gsmbTutg w1vity rfie*A Apvae kAud"arg storage. Zile teased areas am foes by � - - - - 'tact � s total of ' v� 7� equate reef. ' Ixt by abet for 4 total of swtarare fed feet by feet for a total of squaee feet ' feet by that for a total of agereao Leet Stoe�pe fest 1y feet for a focal of square feel St ergo feast by fed for a total of square feet Combined total CR footage Submit a etsitdt (dra*W of the jtnbaug pmmim This must ahiw 1ha I*Won of your oipnimlien's b&vd arciO) fcr Oro conduct of IawLW vabling, including arum teawd tor' stu w of Yau• ttabrawg product an this tlnbibig pmmbcL Be seas to Vn ib to twwaiofa of rhe IcLu d srcaa cu the aketch, MwMkMwM ort WO uMrM Hina u TM I"u Aa>Hoss rivfo M*VL MLT Statute 34915 5ubd 1 shuts teat the tent of the lease may not begin bofors the cffcc ive deft of the fans ism parnit and must eetpim on the moo day flat the premises permit mrpima. ONLY wfite sa e<ree6ive date in this avec or the lease If tMa is • rmegotfetted law sgroanant aooaring during do tum of your cummt p mnius pefn+fi El%cove Date for Amended Lease Agreements 612 266 8541 03-04-96 06:25PM P003 #30 city of eagan DATE: TO: FROM: SUBJECT: March 7, 1996 Eagan City Council Detective Doug Matteson Charitable Gambling, Cray Research POLICE DEPARTMENT MEMO I have reviewed the application submitted by Joseph Reid requesting a one day charitable gambling permit, specifically raffles. This is a fund raiser for the. Children's Program of Northern Ireland. This fund raiser will be held in the Off -Line Cafe at Cray research on April 13, 1996. 1 spoke with the facilities department at Cray and learned that this is a one time event for the Children's Program. I spoke with the Licensing section in the Minnesota Gambling Control Board and learned that the Children's Program of Northern Ireland has been licensed since April of 1995 and they have had no complaints or problems since the issuance of the gambling license. Based on this and the information provided by the applicant, I do not find any reason within the background to deny this request.