04/17/1990 - City Council RegularAGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
APRIL 17, 1990
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
A. FIRE DEPARTMENT
1. Joint Powers Agreement for the South Metro Hazardous Material Response Team
1IV. 6:55 - CONSENT AGENDA (PINK)
A. PERSONNEL ITEMS
(� B. MODIFICATION of Smoking/No Smoking Policy
1C.'RESOLUTION, to Proclaim Saturday, April 28, 1990 as Arbor Day and the Month of
C
May, 1990 as Arbor Month in the City of Eagan
y'YD. PROJECT 590, Receive Feasibility Report/Order Public Hearing (S. Pilot Knob Rd -
U Streets and Utilities)
E. PROJECT 591, Receive Feasibility Report/Order Public Hearing (Tranby 1st Addition -
Storm and Sanitary Sewer)
OF. PROJECT 592, Receive Feasibility Report/Order Public Hearing (Willmus Addition -
P' Trunk Storm Sewer)
PG. PROJECT 87-NNN, Acknowledgement of Completion (Lexington Point 2nd Addition)
L� H,PROJECT 88 -AA, Acknowledgement of Completion (Lexington Point 3rd Addition)
' y I. PROJECT 88-R, Acknowledgement of Completion (Thomas Lake Woods)
J. FINAL PLAT, Duckwood Square
K. FINAL PLAT, Frank's Nursery and Craft Addition
' zq L. DECLARE Surplus Property, Authorize Sale at June 2 City Auction
31 M. APPOINTMENTS, MASAC Alternate Member Recommendations
-3ZN. RATIFICATION of Findings of Fact, Minnesota Public Radio Resolution
V. 7:00 - PUBLIC HEARINGS (SALMON)
VI. OLD BUSINESS (ORCHID)
�j r7 A. RESOLUTION/Development Program and Tax Increment Financing Plan for Development
District No. 3, Tri -Land Properties/Ice Arena Project and a RESOLUTION/Development
Agreement for Development District No. 3
VII. NEW BUSINESS (TAN)
I A. RESIGNATION/APPOINTMENT, Solid Waste Abatement Commission
B. EXTENSION OF PRELIMINARY PLAT, Kings Wood 3rd Addition
' g C. WAIVER, First Service of Hastings, Duplex Lot Split for Lot 2, Block 2, Oakwood
1 Heights 2nd Addition
P'g i D. WAIVER, Helen A. Clapp, Duplex Lot Split, Located at Lot 13, Block 1, Oakwood
pD Heights 2nd Addition
Tfg CE E. VARIANCE, Joseph Connolly Addition, Setback Variances from Pilot Knob and Cliff
(� Roads for Buried Clear Well
'0F.�F. CONSIDERATION of 1990 Water Use Conservation/Sprinkling Restrictions
V (G. AUTHORIZATION, to Conduct Transportation Corridor Study for Yankee Doodle Road
H. PRELIMINARY PLAT, Unisys Park 2nd Addition/Unisys Corporation, for Two Lots on
130.7 Research and Development Zoned Acres Located Along Pilot Knob Road
C'II.
+13I. DISCUSSION of Drainage Problems (Country Home Heights)
ADDITIONAL ITEMS (GOLD)
I%. ADMINISTRATIVE AGENDA (GREEN)
X. VISITORS TO BE HEARD (for those persons not on agenda)
%I. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCII.MEMBERS
FROM: CITY ADMMSTRATOR HEDGES
DATE: APRIL 12, 1990
SUBJECT: AGENDA INFORMATION FOR APRIL 17, 1990 CITY COUNCIL
MEETING
After approval is given to the April 17, 1990 City Council agenda and regular meeting
minutes for April 3, the following items are in order for consideration.
A. FIRE DEPARTMENT
Item 1. Joint Powers Agreement/South Metro Hazardous Material Response Team --The
City Managers and Fire Chiefs representing fourteen (14) communities in Dakota County
and Dakota County representing the unincorporated areas have been meeting and
discussing a joint powers agreement that would establish a board of directors to organize,
govern, train, equip and maintain a South Metro Hazardous Material Response Team.
This response team would be responsible for mitigating the effects of a hazardous
materials incident if any should occur within the County. Presently, cities and Dakota
County do not have the resources to resolve a major chemical spill caused by the overturn
of a semi, train cars or some other type of occurrence.
Each city will provide not less than seven (7) firefighters who will be trained and given
time to function as part of a decontamination team that can assist the County -wide
response team. The cost to the City as an initial contribution is $12,459, an amount that
was budgeted for in 1990.
For additional review and consideration of the joint powers agreement, refer to a copy of
the agreement enclosed on pages through
Fire Chief Southorn will be present to answer any specific questions relating to the
proposed agreement.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the joint powers
agreement establishing a board of directors to organize and govern the South Metro
Hazardous Materials Response Team as presented.
Apple Valley. Burnsville. Cannon Falls. Dakota County Emergency Preparedness. Eagan. Farmington. Hampton, Hastings, Inver Grove
Heights. Koch Retnng, Lakeville. Mendota Heights. Mieswlle. Northlield, Randolph, Rosemount, So. St. Paul. Mop St. Paul
E CHIEFS MINNESOTA
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TO: Dakota County City Administrators/Managers
FROM: Scott Aker, President
Dakota County Fire Chief's Association
DATE: March 19, 1990
RE: Joint Powers Agreement for the South Metro Hazardous
Material Response Team
Attached for your review is the final draft of the South Metro
Hazardous Materials Response Team ,Joint Powers Agreement.
Several city attorneys and the county attorney have worked out
acceptable language for the agreement. There was a special
meeting of the Dakota Co-anty Fire Chiefs held on March 15, 1990.
A few minor changes were suggested. The changes were made to
make sections more clear and avoid any fnisinter.pretation on
anyone's part.
The Fire Chiefs unanimously approved acceptance of this draft
with the few mentioned changes. The Chief's association feels
that this agreement is very workable and will do much to provide
the fire etepartments with the necessary resources to protect the
citizens of Dakota County.
The Chief's association also endorsed forwarding this agreement
to the City Administrators/Managers of each proposed initial
member city:. The Chief's association would look to you to review
the docunjent and forward it to your respective city councils for
adoption and implementation.
Thank yor. for your consideration in this matter.
JOINT POWERS AGREEYXKT
ESTABLISHING A BOARD OF DIRECTORS
TO ORGANIZE AND GOVERN
THE SOUTH METRO HAZARDOUS MATERIALS RESPONSE TEAM
The parties to this Agreement are governmental units of
the State of Minnesota. This Agreement is made pursuant to
the authority conferred upon the parties by Minnesota
Statute 471.59.
1. General Purpose. The purpose of this Joint Powers
Agreement is to establish a Board of Directors to organize,
govern, train, equip, and maintain a South Metro Fazardous
Material Response Team in order to mitigate the effucts of a
hazardous materials incident which is beyond the resources
of any member governmental unit, and/or which, in the
reasonable judgement of the Incident Commander poses a
threat to life and property.
2. Definitions.
2.1 "Additional Member" A signatory of this Joint
Powers Agreement who is not an Initial Member, having joine
after the first year of its existence.
2.2. "Board" The Board of Directors established by
this Agreement.
2.3. "Director" A member of the Board of Directors.
2.4. "Hazardous Materials" Are toxic subtances whic
could cause serious health effects, as defined pursuant t
40 C. F. R. part 302.
2.5. "Hazardous Materials Incident" A situation tha
has developed involving the accidental release of
hazardous material which is beyond the resources of ar
Member Governmental Unit.
2.6. "Hazardous Materials Response Team" or "Respons
Team" A group of firefighters already employed by a. Membe
Governmental Unit and who are designated by the Board c
Directors and who have the training and equipment necessar
to respond to and control a Hazardous Materials Incident.
2.7. "Incident Commander" The individual of a Member
Governmental Unit responsible for decisions associated with
the response operation of any incident.
f
2.8 "Initial Member" An original signatory of this
Joint Powers Agreement as identified in Section 3.1.
2.9. "Member's Any city, township, or county which is a
signatory to this Agreement.
3
2. Membership.
3.1. The initial Members shall be:
Apple Valley Hampton Miesville
Burnsville Hastings Randolph
Dakota County * Inver Grove Hgts Rosemount
Eagan Lakeville South St. Paul
Farmington Mendota Heights West St. Paul
* Dakota County as representive of the unincorporated areas
which are not otherwise members including the cities of
Coates, New Trier and Vermillion.
3.2. No change in governmental boundaries, structure,
organizational status or character shall affect the
eligibility of any Member listed above to be represented on
the Board as long as such Member continues to exist as a
separate political subdivision.
4. Board of Directors
4.1. The Response Team shall be governed by a Board of
Directors which, shall consist of one (1) Director appointed
by the governing body of each Initial Member listed in
section 3.1 above. Each Member may designate an alternate
for its appointed Director.
4.2. Directors shall serve without compensation from
the Board. This shall not prevent a Member from providing
compensation to a Director for serving on the Board.
5. OuoruMZ Voting
5.1. A majority of all of the Directors shall
constitute a quorum. A simple majority vote of the
Directors present at a meeting with a valid quorum shall be
required for the Board to take action, unless otherwise
provided in this Agreement or by law.
5.2. There shall be no voting by proxy. Except as
otherwise authorized in this Agreement, all votes must be
cast by the Director or designated alternate at a Board
Meeting. Each Director shall have one (1) vote.
6. Officer -s
6.1. The officers of the Board shall be a Chair, Vice -
Chair and Secretary/Treasurer.
6.2. At its first meeting, the Board shall elect a
Chair, a Vice -Chair, and a Secretary/Treasurer who shall
serve out the following initial terms of office:
Chair to serve through December 31 of the year when first
elected and until his/her successor is elected.
Vice -Chair to serve through December 31 of the year
following election and until his/her successor is elected.
Secretary/Treasurer to serve through December 31 of the
year, two years after election and until his/her successor
is elected.
At the first meeting following completion of the initial
term(s) and at the completion of every term thereafter, a
Director shall be elected to each respective office for a
three year term .
6.3. A Director shall be elected in the same manner as
above to fill out an unexpired term of any office which
becomes vacant.
7. Meetings.
7.1. The Board shall meet at least annually on a
schedule determined by the Board.
7.2. Meetings of the Board may be called by the Chair
or upon written request of a majority of the Directors.
7.3. The Board may elect or appoint such other
officers as it deems necessary to conduct its meetings and
affairs.
8. Powers and Duties of the Board.
The powers and duties of the Board include, but
are not limited to, the following:
. 8.1. The Board shall prepare, adopt, and implement a
plan to provide response to a Hazardous Material Incident
according to the terms and conditions herein.
8.2. The Board shall establish, train, equip, maintain
and govern a South Metro Hazardous Materials Response Team.
8.3. The Board shall pay for all training necessary for
the Response Team to meet and maintain State and Federal
Occupational Safety and Health Administration (OSHA)
guidelines.
3 ��
8.4. The Board shall purchase and maintain equipment
necessary for the performance of its duties and the duties
of the Response Team.
8.5. The Board may research and make recommendations to
the Members regarding other matters related to the Response
Team's purposes.
8.6. The Board may consult with persons knowledgeable
in hazardous materials response, such as research
organizations, educational institutions, other political
subdivisions, regulatory organizations, technical experts,
and any other persons who can provide pertinent information.
8.7. The Board may cooperate or contract with the State
of Minnesota, any political subdivision, federal agencies or
private or public organizations to accomplish the purposes
for which it is organized.
8.8. The Board may contract with other political
subdivisions to provide the services of the Response Team.
The Board may enter into a mutual aid agreement with other
similar Hazardous Materials Response Teams of other
political subdivisions.
8.9. The Board may contract for or purchase such
insurance as the Board deems necessary for the protection of
the Board, the Members, the Response Team, and its Property.
8.10. The Board may accumulate reserve funds for the
purposes herein mentioned and may invest funds of the
Response Team not currently needed for its operations.
8.11. The Board may collect money, subject to the
provisions of this Agreement, from its Members and from any
other source(s) authorized by law.
8.12. The Board may make contracts, employ consultants,
incur expenses and make expenditures necessary and
incidental to the effectuation of its purposes and powers,
in conformance with the requirments applicable to contracts
and purchases of any of the Members.
8.13. The Board shall cause to be made an annual audit
of the books and accounts of the Board and shall make and
file a report to its Members at least once each year. Strict
accountability of all funds and report of all receipts and
disbursements shall be made.
8.14. The Board's books, reports and records shall be
available for and open to inspection by its Members at all
reasonable times. The Board's records shall be available for
inspection by the public pursuant to Minnesota Statutes,
Chapter 13.
0
8.15. The Board may appoint
necessary to exercise the powers
with by-laws adopted by the Board
such committees as it deems
of the Board in accordance
and as allowed by law.
8.16. The Board may exercise all other lawful powers
necessary and incidental to the implementation of the
purposes and powers set forth herein, including, without
limitation, the adoption of by-laws to govern the
functioning of the Board, provided that no by-law or action
of the Board shall be contrary to the terms of this
Agreement.
9. Response Team Limitation
9.1 The Response Team shall not provide services to
Non -Members except as herein provided in Section B.S.
10. Additional Members.
10.1. other political subdivsions may become a party to
this Agreement upon approval of a 2/3 majority of the Board
entitled to vote. The new Member shall sign a copy of this
Agreement. Existing Members shall not be required to
resign.
10.2. Members joining after the first year of this
Agreement shall be Additional Members and shall not be
entitled to appoint a Director to the Board but shall have
all the other rights and privileges of Membership.
10.3. The Board may require Additional Members to pay a
fee deemed appropriate by the Board. Said fee shall take
into consideration the expenditures of the Board to date to
train and equip a Response Team as well as ongoing expenses.
The Board may allow this fee to be paid over one or more
years.
12. Decontamination. Team.
11.1. Each Member that has a fire department shall
train sufficient firefighters to have not less'than seven
(7) responders available at any given time to function as
part of a decontamination team that can assist the Response
Team.
12. Contributions to General Administration.
12.1. Each Member agrees to contribute each year to a
general fund. The annual contribution by each Member shall
be determined in accordance with the following formula:
population o member X Budget
Population of All Members
7
Population shall be determined in accordance with the most
current estimate of the Metropolitan Council. Dakota County
shall be responsible to fund unincorporated areas in Dakota
County.
12.2. The initial contribution by each Member shall be
as follows:
Apple Valley $ 91303
Burnsville $14,203
Dakota County $ 51000
Eagan
Farmington
Hampton
Hastings
$12,459
$ 1,607
$ 89
$4,153
Inver Grove Hgts $ 6,179
Lakeville
Miesville
Mendota Hgts.
Randolph
Rosemount
South St. Paul
West St. Paul
$ 6,421
$ 50
$ 2,540
$ 91
$ 2,266
$ 5,679
$ 5,198
The initial contribution shall be paid within sixty (60)
days after the effective date of this Agreement. Subsequent
contributions shall be paid within 60 days.
3. General Administration.
13.1. Contributions to the general fund are to be used
for general administration purposes including, but not
limited to: purchase of equipment, Response Team training
expenses, reimbursement of salaries, supplies, insurance
and bonds. The Response Team funds may be expended by the
Board in any manner determined by the Board, but the method
of disbursement shall agree, as far as practicable, with the
method provided by law for the disbursement of funds by the
Members.
13.2. On or before June 1 of each year, the Board
shall, by approval of 3/4 of those eligible to vote, adopt a
proposed general administrative budget for the ensuing year
and decide upon the total amount necessary for the general
fund. The Secretary/Treasurer of the Board shall certify the
budget on or before June 1 to the clerk of the governing
body of each Member, together with a statement of the
proportion of the budget to be contributed by each Member.
By July 1 of each calendar year, the governing body of each
Member shall approve or object to the proposed budget and
the Members-' financial contribution and give notice of its
action to the Board. The budget shall be deemed approved by
a Member in the absence of action by August I. Final action
adopting a budget for the ensuing calendar year shall be
taken by the Board on or before September 15 of each year.
Each Member's contribution shall be paid by November 30 or
within sixty (60) days of adoption of the budget, whichever
is later.
13.3. Any Member which has objected to its financial
contribution as stated in the proposed budget may withdraw
from this Agreement by filing with the Chair a written
notice of intent to withdraw by August 1, of the year
preceding the year for which the budget is proposed. The
effective date of withdrawal shall be December 31st of the
proposed budget year. Any Member formally withdrawing is
still obligated to pay its contribution according to the
terms of this Agreement for the proposed budget year but
shall have no further liability or obligation to the Members
except as to actions, events or responsibilities arising or
occurring before the effective date of withdrawal. Any
Member withdrawing under this provision shall not be
entitled to any refund from the Board._
14. Duration.
14.1. Notwithstanding Section 13.3, each Member agrees
to be bound by the terms of this Agreement until December
31, 1995.
a5. Terr ination
15.1. This Agreement may be terminated prior to
December 31, 1995 by the written agreement of 2/3 of the
Members. Any Member may petition the Board to terminate this
Agreement. Upon 30 day's notice in writing to the clerk of
the governing body of each Member, the Board shall hold a
hearing and upon a 2/3 vote of all Directors eligible to
vote, the Board may by resolution recommend that the
Agreement be terminated. The resolution shall be submitted
to the governing body of each Member and if ratified by 2/3
of the governing bodies of all Members within sixty (60)
days, the Board shall terminate the Agreement, allowing a
reasonable time to complete work-in progress and to dispose
of personal property owned by the Board or Response Team.
15.3 Upon dissolution of the The South Metro Hazardous
Materials Response Team, all property purchased or owned
pursuant to this Agreement shall be sold and the proceeds
thereof, together with monies on hand, shall be distributed
to the current Members. Such distribution of assets shall
be made in proportion to the total contributions by the
respective Members over the entire duration of this
Agreement. The Board shall continue to exist after
dissolution for such period, no longer than six months, as
is necessary to wind up its affairs, but for no other
purpose.
16 Default.
16.1. Upon the failure of any Member to contribute its
financial obligation in a timely manner, or to fulfill any
of its other material obligations under this Agreement the
Board may expel a Member upon 2/3 vote. If an Initial
Member is expelled for any reason and later desires to
rejoin, such Member will be considered an Additional Member
and will not be entitled to appoint a Director.
17. Effective Date.
.17.1. This Agreement shall be in full force and effect
when all Initial Members, (identified in section 3.1 of this
Agreement), sign this Agreement. All Members need not sign
the same copy. The signed Agreement along with a certified
copy of the resolution authorizing the Agreement, shall be
filed with the City Manager of the City of Burnsville, who
shall notify all Members in writing of its effective date
and set a date and place for the Board's first meeting.
Prior to the effective date of this Agreement, any signatory
may rescind its approval.
i8. Amendments.
18.1. Any Member may petition the Board or the Board
its own inititive may recommend changes in this Agreement
its Members. An Amendment to this Agreement shall becc
effective upon written agreement of 2/3 of the Members.
IN WITNESS WHEREOF, the undersigned governmental units,
action of their governing bodies, have caused this Agreemc
to be executed in accordance with the authority of Minnesc
Statute 471.59
(d
Approved as to form:
COUNTY OF DAKOTA
Assistant County Attorney Date
By
Joseph A Harris, Chariman
Board of Commissioners
Date of Signature
APPROVED AS TO FORM
City Attorney
APPROVED AS TO FORM
City Attorney
APPROVED AS TO FORM
City Attorney
Attest
Norma Marsh, Auditor
Date of Signature
CITY OF APPLE VALLEY, MN
Mayor
Clerk
CITY OF BURNSVILLE, MINNESOTA
Mayor
Manager
CITY OF EAGAN, MINNESOTA
Mayor
Clerk
APPROVED AS
TO FORM
CITY
OF FARMINGTON, MINNESOTA
City
Attorney
Mayor
Clerk
APPROVED AS
TO FORM
CITY
OF HAMPTON, MINNESOTA
City
Attorney
Mayor
Clerk
APPROVED AS
TO FORM
CITY
OF HASTINGS, MINNESOTA
City
Attorney
Mayor
Clerk
APPROVED AS
TO FORM
CITY OF INVER GROVE HEIGHTS, MN
City
Attorney
Mayor
Clerk
APPROVED AS
TO FORM
CITY
OF LAKEVILLE, MINNESOTA
City
Attorney
Mayor
Clerk
(z
APPROVED AS TO FORM
City Attorney
APPROVED AS TO FORM
City Attorney
APPROVED AS TO FORM
City Attorney
APPROVED AS TO FORM
City Attorney
APPROVED AS TO FORM
City Attorney
APPROVED AS TO FORM
City Attorney
CITY OF MIESVILLE, MINNESOTA
Mayor
Clerk
CITY OF MENDOTA HEIGHTS, MN
Mayor
Clerk
CITY
OF
RANDOLPH, MINNESOTA
Mayor
Clerk
CITY
OF
ROSEMOUNT, MINNESOTA
Mayor
Clerk
CITY
OF
SOUTH ST. PAUL, MN
Mayor
Clerk
CITY
OF
WEST ST. PAUL, MN
Mayor
Clerk
Agenda Information Memo
April 17, 1990 City Council Meeting
T"S.N` AGENDA
There are fourteen (14) items on the agenda referred to as consent items requiring 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
Additional Items unless the discussion required is brief.
PERSONNEL ITEMS
A. PERSONNEL ITEMS
Item 1. Seasonal Streets/Equipment Maintenance Worker --After interviews, it is the
recommendation of Superintendent of Streets/Equipment Erhart that Timothy Troje be
hired as a temporary seasonal streets/equipment maintenance worker for the spring/
summer season.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Timothy
Troje as a seasonal streets/equipment maintenance worker.
Item 2. Seasonal Utility Maintenance Workers --After interviews, it is the recommendation
of Superintendent of Utilities/Buildings Connolly that the following persons be hired as
seasonal utility maintenance workers: Stanley Brouillard, George Scott, Brian Washek and
Steven Wilke.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Stanley
Brouillard, George Scott, Brian Washek and Steven Wilke as seasonal utility maintenance
workers.
Item 3. Seasonal Park Workers --After Interviews, it is the recommendation of
Superintendent of Parks VonDeLinde that the following persons be hired as seasonal park
workers: LuAnn Johnson as a seasonal weed inspector assistant and Kim Rhinehart as a
seasonal park attendant.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of LuAnn
Johnson as a seasonal weed inspector assistant and Kim Rhinehart as a seasonal park
attendant.
Agenda Information Memo
April 17, 1990 City Council Meeting
MODIFICATION OF SMOKING(NO SMOKING POLICY
B. Modification of Smoldng/No Smoldng Policy --In April of 1987, the City of Eagan
officially established a policy whereby smoking would not be allowed in any employee work
area, with the exception of the police dispatch center when only one dispatcher was
present who was not able to take a break and the exception of vehicles in which only one
employee was present. Smoking was also allowed in one section of the lunchroom areas
at each facility when electronic air cleaners were running. Concerns of non-smoking
employees have been expressed since the first no smoking policy was adopted expressing
many concerns that are addressed in the attached memo prepared by Assistant to the City
Administrator Duffy referred to as pages _LL through V�.
At a recent management meeting, it was the consensus of the management team that the
City of Eagan consider a smoke-free environment for all its public buildings and have
presented the attached policy for that consideration. As a part of the consideration, it is
suggested that the policy not be placed into effect until June 1 which will allow certain
employees to prepare for this transition.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a no smoking policy which
essentially creates a smoke-free environment for all City buildings.
MEXO TO: CITY ADMINISTRATOR REDGES
FROM: ASSISTANT TO THE CITY ADMINISTRATOR DAFFY
DATE: APRIL 10, 1990
SUBJECT: NO SMOKING POLICY
History
In April of 1987, the City of Eagan officially established a policy
whereby smoking would not be allowed in any employee work area,
with the exception of the police dispatch center when only one
dispatcher was present who was not able to take a break and the
exception of vehicles in which only one employee was present.
Smoking was allowed in one section of the lunchroom areas at each
facility when electronic air cleaners were running. The transition
to this policy was made fairly smoothly.
Present Concerns
Concerns of non-smoking employees have been expressed over the
interim and especially recently relating to the fact that they are
still forced to inhale second-hand smoke in certain situations,
which they regard as both dangerous to their health and unpleasant.
Requests have been received from employees stationed at the Eagan
Municipal Center, on all three levels including police, and at the
maintenance facility to designate no smoking in the lunchroom areas
and the dispatch center and/or to designate all City buildings as
smoke free. Concerns include the following:
1. Non-smokers are in the majority at all locations.
2. If a non-smoker wishes to eat lunch or take a break in the
only facility which the City provides for those purposes, the
lunchrooms at the various facilities, they are forced to be
in an area where second-hand smoke is present.
a. Many employees who would otherwise eat or take breaks in
the lunch rooms have been forced to go to other locations
to avoid the smoke.
b. Although electronic air cleaners are operative in the
lunchrooms, they do not adequately remove smoke and the
smoke travels throughout the room.
3. Smoke from the lunchroom at the Eagan Municipal Center rises
up the staircase to the second floor and inundates the lobby
area. Complaints have been received from both the
receptionists who are forced to work in this atmosphere and
from visitors to the Municipal Center.
J(0
4. Smoking has occurred in the Dispatch Center when more than one
dispatcher has been present. In addition, other personnel
have "stopped in" the center to have a smoke. Not only does
this increase the smoke in the center, it also permeates to
other areas of the police level.
5. New computer equipment has recently been installed in the
dispatch center. Smoke will damage that equipment. In
addition, the dispatchers are now wearing headsets which would
make it extremely awkward, if not outright dangerous, for a
dispatcher to smoke and still communicate through the headset.
6. Persons who wear contact lenses or with allergies are
particularly affected by the second hand smoke, although most
non-smokers are worried about the long term health effects.
7. Many government and public buildings have become "Smoke Free"
in recent years.
Smoking in City Vehicles
The smoking policy in City vehicles seems to be working fairly
well. The only complaints which have been received include:
1. Smokers do not always clean up immediately after themselves.
2. Some non-smokers would prefer to use a vehicle in which no one
has smoked because of residual smells.
Management Meeting Discussion
The concerns of employees regarding smoking in City buildings and
vehicles were discussed at the April 3 management meeting. At that
meeting, it was decided to make the following recommendations to
the City Council:
1. That all City buildings, in their entirety, be designated as
Smoke Free, meaning that no persons will smoke tobacco or
other substances while in such City facilities.
a. Ash/butt receptacles will be placed outside the doors of
City buildings for those employees/visitors to use who
smoke.
b. This policy is recommended to begin on June 1, 1990 in
order to start the policy during the good weather
conditions of the summer. This will allow those persons
who wish to stop smoking the entire summer and fall in
which to accomplish this. Programs to aid employees to
stop smoking are available through the HMOs and with the
assistance of the Use of Sick Leave for Wellness
Activities Policy.
11
C. Employees will continue to be allowed one break time in
the morning and one in the afternoon for a smoke. This
time is part of the regular break times allotted to all
employees per the Personnel Policy and bargaining
agreements. As is the practice now, no one will be
allowed extra time or extra breaks because they smoke.
d. Signs will be placed throughout the buildings.
e. Policy statements will be given to every employee and
posted.
f. Prospective employees will be informed that all buildings
are smoke free.
2. That smoking be continued to be allowed, for the present, in
City vehicles where there is only one employee present if that
employee immediately cleans any smoke related refuse from the
vehicle after use of the vehicle. Supervisors will attempt,
where possible, to schedule each vehicle used by more than
one employees to exclusively either smokers or non-smokers.
ouncil Action
It is recommended that this item be placed on the April 17 Council
agenda for consideration by the Mayor and City Council in order to
give at least six weeks notice/preparatory time to employees if
the policy is approved by Council. This will also allow time for
management to order/post the required signs and notices.
A copy of the proposed policy is attached for your information.
Assistant td the City Administra
Attachment
/wp
E41
CITY OF EAGAN
NO SMOKING POLICY
I. PURPOSE AND NEED FOR POLICY
The City of Eagan is dedicated to providing healthy, comfortable, public
facilities for its citizens and visitors and a healthy, comfortable, and
productive work environment for its employees. Medical evidence clearly shows
that smoking is harmful to the health of smokers. Long-term exposure to second-
hand smoke may seriously threaten the health of non-smokers.
In an effort to consider the needs and concerns of smokers and non-smokers alike,
this City's No Smoking policy will take effect on June 1, 1990.
II. POLICY
1. All City buildings, in their entirety, shall be designated as Smoke Free,
meaning that no person will smoke tobacco or other substances while in such
City facilities.
2. Smoking is not allowed in any City vehicle where there is more than one
employee present.
3. Employees who smoke in a vehicle are responsible for cleaning any smoke
related refuse from that vehicle immediately after use of the vehicle.
4. Supervisors will attempt, where possible, to schedule vehicles used by more
than one employee to smokers or non-smokers only.
III. PROCEDURE
All City buildings, in their entirety, are designated Smoke Free effective June
1, 1990.
1. Public notification will be accomplished through appropriately placed signs
within City facilities.
2. A copy of this policy statement will be provided to each new and existing
employee.
3. Copies of this policy will be placed on bulletin boards or otherwise
appropriately displayed.
IV. RESPONSIBILITY
The success of this policy depends upon the thoughtfulness, consideration, and
cooperation of smokers and non-smokers. Violations of this policy should be
brought to the attention of the appropriate supervisor. Any disciplinary action
will be taken in accordance with Section 19 of the City's Personnel Policy.
V. AUTHORITY
The Minnesota Clean Indoor Act, M.S. 144.411-417, effective July 1, 1975, and
the Minnesota Heart and Lung Law, M.S. 176.011, Subd. 15. Approved by the Eagan
City Council on 9 1990.
t�
Agenda Information Memo
April 17, 1990 City Council Meeting
RESOLUTION ARBOR DAY PROCLAMATION
C. Resolution to Proclaim Saturday, April 28, 1990, as Arbor Day and the Month of May
1990 as Arbor Month in the City of Eagan --A resolution, attached on page ...3 1 is
enclosed that proclaims Saturday, April 28, 1990, as Arbor Day and the month of May
1990 to be Arbor Month in the City of Eagan.
There are a number of activities planned at Trapp Farm Park on Saturday, April 28,
beginning at 1:00 p.m. for any member of the City Council who wishes to attend. This
event is open to the public and will involve presentations and the planting of trees.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution proclaiming
Saturday, April 28, 1990 as Arbor Day in the City of Eagan and the month of May 1990
to be Arbor Month.
ME
CITY OF EAGAN
RESOLUTION
EAGAN ARBOR MONTH
WHEREAS, trees were a significant attraction to Minnesota's settlers
because of the usefulness and the beauty they provided; and
WHEREAS, trees are a most valuable resource in Minnesota and Eagan
today - purifying our air and water, helping conserve our soil, serving as
recreational settings, providing habitat for wildlife of all kinds, and enriching
our lives in so many important ways; and
WHEREAS, pollutants, tree diseases, and urban expansion have damaged
and continued to threaten our trees, creating the need for reforestation programs
and concerted public action toward ensuring the future of our City's ubran
forests; and
WHEREAS, each year the people of Minneoota pay special attention to
the wonderful gift that our trees represent and dedicate themselves to the
continued health of our state's trees; and
WHEREAS, the City of Eagan has been recognized, for the third
consecutive year, as a Tree City USA community by the National Arbor Day
Foundation and desires to continue its tree -planting programs,
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does
hereby proclaim Saturday, April 28, 1990 to be ARBOR DAY and the month of May,
1990 to be ARBOR MONTH in the City of Eagan.
BE IT FURTHER RESOLVED that the Mayor and Council further urge
citizens to become more aware of the importance of trees to the well-being of
our City and State; and to participate in City tree planting programs which will
ensure a greener place for our citizens to live in the decades to come.
CITY OF EAGAN
CITY COUNCIL
By:
By:
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
Its Mayor
Its Clerk
Agenda Information Memo
April 17, 19909 City Council Meeting
RECEIVE FEASIBILITY REPTf ORDER PUBLIC HEARING
SOUTH PILOT KNOB ROAD
D. Project 590, Receive Feasibility Report/Order Public Hearing (South Pilot Knob
Road - Streets & Utilities) --In coordination with Dakota County's progressive Five -Year
Capital Improvement Program, the City Council authorized the preparation of a feasibility
report for the upgrading of Pilot Knob Road from Rebecca Lane south into Apple Valley
(Diamond Path Trail). This feasibility report has now been completed and is being
presented to the City Council in consideration of scheduling a formal public hearing to be
held on May 17, 1990.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 590 (South Pilot Knob Road - Streets & Utilities) and schedule a public hearing
to be held on May 17, 1990.
RECEIVE FEASIBILITY REPTIORDER PUBLIC HEARING
TRANBY IST ADDN
E. Project 591, Receive Feasibility Report/Order Public Hearing (Tranby 1st Addition -
Storm & Sanitary Sewer) --In response to a petition submitted by a developer of the
above -referenced subdivision, the Council authorized the preparation of a feasibility report
for the installation of storm and sanitary sewer to serve this development. This report has
now been completed and is being presented to the City Council for consideration of
scheduling a formal public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 591 (Tranby 1st Addition - Storm & Sanitary Sewer) and schedule a public hearing
to be held on May 17, 1990.
aa-
Agenda Information Memo
April 17, 1990, City Council Meeting
RECEIVE FEASIBILITY REPTfORDER PUBLIC_ HEARING
)VILMUS ADDN
F. Project 592, Receive Feasibility Report/Order Public Hearing (Wilmus Addition -
Trunk Storm Sewer) --In response to a petition submitted by Independent School District
#196, the Council authorized the preparation of a feasibility report for the installation of
a trunk storm sewer outlet for Pond BP -6 as necessary to allow the development of the
Wilmus Addition which incorporates Oak Cliff Elementary School. This feasibility report
has now been completed and is being presented to the City Council for consideration of
scheduling a formal public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 592 (Wilmus Addition - Trunk Storm Sewer) and schedule a public hearing to be
held on May 17, 1990.
ACKNOWLEDGE COMPLETION/LEXINGTON POINTE 2ND ADD:
G. Project 87-NNN, Acknowledgement of Completion (Lexington Pointe 2nd Addition -
Streets & Utilities) --The installation of streets and utilities for the Lexington Pointe 2nd
Addition were installed privately by the developer in accordance with the terms and
conditions of the subdivision development agreement. We have received a report from
our consulting engineering firm that the installation of these public improvements were
performed satisfactorily in accordance with City authorized plans and specifications. All
final inspections have been performed by representatives of the Public Works Department
and found to be in order for formal acknowledgement of completion by Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 87-NNN (Lexington Pointe 2nd Addition - Streets & Utilities) and authorize the
assumption of maintenance responsibility subject to appropriate warranty provisions in
accordance with the subdivision development agreement.
�3
Agenda Information Memo
April 17, 1990, City Council Meeting
ACKNOWLEDGE COMPLETIONILEXINGTON POINTE 3RD ADDN
H. Project 88 -AA, Acknowledgement of Completion (Lexington Pointe 3rd Addition -
Streets & Utilities) --The installation of streets and utilities for the Lexington Pointe 3rd
Addition were installed privately by the developer in accordance with the terms and
conditions of the subdivision development agreement. We have received a report from
our consulting engineering firm that the installation of these public improvements were
performed satisfactorily in accordance with City authorized plans and specifications. All
final inspections have been performed by representatives of the Public Works Department
and found to be in order for formal acknowledgement of completion by Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 88 -AA (Lexington Pointe 3rd Addition - Streets & Utilities) and authorize the
assumption of maintenance responsibility subject to appropriate warranty provisions in
accordance with the subdivision development agreement.
ACKNOWLEDGE COMPLETIONIrTHOMAS LAKE WOODS
I. Project 88-R, Acknowledgement of Completion (Thomas Lake Woods - Streets &
Utilities) --The installation of streets and utilities for the Thomas Lake Woods Addition
were installed privately by the developer in accordance with the terms and conditions of
the subdivision development agreement. We have received a report from our consulting
engineering firm that the installation of these public improvements were performed
satisfactorily in accordance with City authorized plans and specifications. All final
inspections have been performed by representatives of the Public Works Department and
found to be in order for formal acknowledgement of completion by Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 88-R (Thomas Lake Woods - Streets & Utilities) and authorize the assumption
of maintenance responsibility subject to appropriate warranty provisions in accordance with
the subdivision development agreement.
a�
Agenda Information Memo
April 17, 1990 City Council Meeting
FINAL PLAT UCKWOOD SOU
I Final Plat, Duckwood Square --All documents relative to the final plat for Duckwood
Square, including the development agreement, have been processed by both the applicant
and the Department of Community Development. This item was continued indefinitely
at the March 20 and April 3 meetings to allow time for the developer to comply with all
City regulations. According to the Director of Community Development, the agreements
have been properly signed and all conditions met. Therefore, the final plat is being
presented for approval at the April 17, 1990 City Council meeting.
In addition to the normal regulations, the City Attorney is preparing a resolution that
would acknowledge the Council's approval of an easement amendment that will allow the
City to be a party of an easement that allows access, ingress and egress to this property.
The amended easement has been reviewed by the City Engineering Department and the
Citi Attorney and found to be satisfactory.
Enclosed on pageix is a copy of the final plat as it appears for signature and recording
at Dakota County.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for
Duck -wood Square.
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Agenda Information Memo
April 17, 1990 City Council Meeting
AL PLAT 'S NURSERY AND CRAFT ADDITION
K. Final Plat, Frank's Nursery and Craft Addition --All documents relative to the final
plat for Frank's Nursery and Crafts, including the development agreement, have been
processed by both the applicant and the Department of Community Development. This
item was continued indefinitely at the March 20 and April 3 meetings to allow time for
the developer to comply with all City regulations. According to the Director of
Community Development, the agreements have been properly signed and all conditions
met and, therefore, the final plat is being presented for approval at the April 17, 1990 City
Council meeting.
It should be noted that at the preliminary stage, it was decided that both the Duckwood
Addition and Frank's Nursery and Crafts be processed as two (2) separate plats. Both
projects, however, are currently located on one (1) undivided lot of record. In order for
Frank's Nursery to record their plat, they must first purchase their portion of the subject
property. To accomplish this, the developer of Duckwood Square plans to purchase the
entire tract and then deed out Frank's portion by metes and bounds description. The two
(2) plats would then be recorded simultaneously by a title company.
Enclosed on page is a copy of the final plat as it appears for signature and recording
at Dakota County.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Frank's
Nursery and Crafts.
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Agenda Information Memo
April 17, 1990 City Council Meeting
DECLARE SURPLUS PROPERTY/AUTHORIZE SALE FOR XIM 2 CITY AUCTION
L. Declare Surplus Property, Authorize Sale at June 2 City Auction --Each year the City
of Eagan holds a public sale and auctions surplus equipment which includes police
evidence that the Police Department is no longer required to retain.
For a copy of the list of surplus property, refer to page s3.
SPECIAL NOTE: Mike Reardon, the Burnsville/Eagan Cable Coordinator, will again be
this year's auctioneer. A special thanks to Mike for volunteering his services.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the declaration of
surplus property and authorize a sale for June 2 in the form of a City auction.
1990 PUBLIC AUCTION
10:00 a.m., Saturday, June 2
Bicycles
Clothing
Coolers
Tools
Jewelry
TV's/Radios/Stereos
Cameras
Wood Cabinet & Counter
Formica Shelving
Miscellaneous Office:
Cardboard mail boxes,
Wire rack
Rolodex Cards
Cardboard Files
Divider Screens
30
Agenda Information Memo
April 17, 1990 City Council Meeting
APPOII`'TMENTSIMASAC ALTERNATE MEMBER RECOMMENDATIONS
M. Appointments, MASAC Alternate Member Recommendations --In addition to its regular
Metropolitan Aircraft Sound Abatement Council (MASAC) member, the City has
established a practice of appointing two (2) alternate members to this body. While it is
not essential, past practice has been to make these appointments from among the Airport
Relations Committee members. At its regular meeting of April 10, 1990, the Airport
Relations Committee recommended that Larry Alderks and Jerry Woelfel be considered
by the Council for these appointments.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a recommendation by the
Airport Relations Committee to appoint Larry Alderks and Jerry Woelfel as the two (2)
Eagan alternate members to MASAC for one (1) year terms.
Agenda Information Memo
April 17, 1990 City Council Meeting
RATIFICATIONIIVIINNIESOTA PUBLIC RADIO
N. Ratification of Findings of Fact, Minnesota Public Radio Resolution. -At the April 3,
1990 City Council meeting, Minnesota Public Radio's applications for height and fall radius
conditional use permit and variances to allow three 300 foot radio towers on property
located in the south half of Section 18 were denied. Enclosed on pages 3 3 and 3�
is a copy of a resolution of findings of fact for the Council's ratification.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ratification
of a resolution denying Minnesota Public Radio's applications for a conditional use permit
and variances.
3a
CITY OF EAGAN
RESOLUTION DENYING MINNESOTA PUBLIC RADIO'S
APPLICATION FOR HEIGHT AND FALL RADIUS
VARIANCES TO ALLOW THREE 300 -FOOT RADIO TOWERS
ON PROPERTY LOCATED IN THE SOUTH HALF OF SECTION 1S
WHEREAS, a public hearing was held by the Advisory Planning
Com:r,ission on February 22, 1990 to Consider an application for a
conditional use permit and variance submitted by Minnesota Public
Radio to allow three radio tourers 300 feet in height on property
owned by Mrs. Fern Petterson in the City of Eagan; and
WHEREAS, the Advisory Planning Commission recommended denial of
both the conditional use permit and variance; and
WHEREAS, this application was then heard by the City Council on
April 3, 1990; and
WHEREAS, at the April 3, 1990, meeting the Council heard from all
interested parties and considered the matter in conjunction with all
of the files, records and prior proceedings.
NOW, THEREFORE, based on the foregoing, BE IT RESOLVED by the
City Council of the City of Eagan, Dakota County, Minnesota to accept
the recommendation of the Advisory Planning Commission and deny
Minnesota Public Radio's application for height and fall radius
variances to allow for the construction of three radio towers, each
300 feet in height on property presently owned by Mrs. Fern Pederson
located in the south half of Section 18 based on the following:
1. The proposed antennas will be a visual intrusion.
2. The antennas will have a significant impact upon the neighbors
because of their height and the lighting on the antennas.
33
3. The proposed antennas may have a detrimental affect on the
property values of the surrounding residents.
4. The availability of other sites more appropriate to the
proposed use.
5. The significant problems experienced by the area residents in
the past.
6. Potential adverse environmental problems including:
a. Damage and degradation of the existing wetlands.
b. The location'of the towers in a migratory flight path and
the resulting hazard to migratory birds.
c. The visual affect of the towers on the wildlife refuge.
d. The possible disturbance to the bald eagles which
currently nest in the area.
7. That the applicant has failed to meet its burden of
establishing that the Pederson property has unique circumstances that
would create an undue hardship by the denial of the variance.
CITY OF EAGAN
ATTEST:
By: E. J. Van0v+erbeke
Its: Clerk
By: Thomas A. Egan
Its: Mayor
3�
Agenda Information Memo
April 17, 1990 City Council Meeting
W= -LAND PROPERTIES
A. Resolution/Development Program and Tax Increment Financing Plan for Development
District #3, Tri -Land Properties/Ice Arena Project and a Resolution/Development
Agreement for Development District #3 --At the March 20 City Council meeting, there was
action taken to close the public hearing and continue action for consideration of a tax
increment financing plan for Development District #3, Tri -Land Properties/ice arena
project, and a resolution/development agreement for Development District #3. The
reason for the continuance was to allow the City's consultants and developer an
opportunity to finalize the development agreement that the City has required if the project
to proceed as proposed with tax increment financing. Also, the concept of the City
granting land to the St. Paul YMCA for purposes of constructing the Eagan YMCA facility
with an ice arena was introduced and the staff was asked to pursue the feasibility in
concept.
STATUS OF TIF AGREEMENT
In order to expedite and finalize the development agreement, the City Administrator asked
for any and all concerns or issues any member of the City Council or staff might have
pertinent to the proposed development agreement so the document, when presented at
the April 17 meeting, was a complete text representing the position of the City. A memo
was sent to the City's consultants, dated March 30, that specifically requested the inclusion
of language that addressed various issues to b ddressed in the development agreement.
For a copy of that memo, refer to pages through.
Also enclosed on pages —41— through Yy is a memo that was distributed by the City
Administrator to the consultants and City staff dated March 28 that outlined a specific
chronology for preparing the development agreement and allowing time for review and
execution by Tri -Land Properties in order to meet the April 17 City Council meeting.
The development agreement was prepared by the City's bond counsel, Steve Rosholt, of
Faegre and Benson, and distributed to Tri -Land Properties on April 4, 1990, as requested
by the City Administrator. According to Dave MacGillivray, the City's fiscal consultant of
Springsted Incorporated, as of April 11 the developer has not responded to the various
conditions of the development agreement and it appears that a signed/executed document
will not be presented for consideration at the April 17 meeting.
For a copy of a development agreement, refer to pages 14L 21 through3 .
35
Agenda Information Memo
April 17, 1990 City Council Meeting
If a response to the agreement is distributed by Tri -Land Properties or their
representatives to the City's consultants for review and consideration, that information will
be forwarded on Monday, April 16 as a part of the Administrative packet.
The Director of Finance has requested updated information for the ice arena proformas
from Tri -Land Properties. However, to date that information has not been provided to
the City and, unless received by Monday, April 16, it will not be possible to evaluate any
additional data prior to the Council meeting.
Regarding the procedure for Tuesday's meeting, the public hearing was officially closed
and the City Council was deliberating on whether to approve or deny the resolutions that
would adopt a tax increment financing plan and development agreement. The reason for
a continuance, as previously stated, was to finalize the development agreement and,
therefore, a proper order for business at the meeting on Tuesday would be 1) a summary
of action to date, 2) continued deliberation including comments regarding the development
agreement as was directed at the March 20 meeting and, finally, an action by the City
Council.
YMCA PROPOSAL
The YMCA project, in concept, is not scheduled on the City Council agenda. At the
March 20 meeting there was a specific direction taken, as previously stated, to ask the St.
Paul YMCA executive director whether the YMCA would consider an ice arena facility
attached to the Eagan Y facility if the City were to consider a land donation. A meeting
was held on Tuesday, April 3, with John Traver, executive director for the St. Paul
YMCA, and according to Mr. Traver the answer is yes. In summary, Mr. Traver stated
that the YMCA did approve a concept of a joint ice arena/YMCA complex for the City
of Woodbury and this precedent would allow for an ice arena combined with the Y facility
in the City of Eagan. Mr. Traver made it clear that in order for the YMCA to accept an
ice arena as a joint facility with the Y, the arena must be debt free. The YMCA will
assume all operating responsibilities. A question was asked of Mr. Traver as to whether
the 4 to 1 match to raise capital for construction of the Y would apply to the ice arena.
His answer was no, stating that the ice arena must be debt free, with no financial
participation for the construction of the facility by the YMCA. The method of financing
capital for the Y facility without the ice arena is for the community to raise $600,000 and
the YMCA will match on a 4 to 1 basis and contribute $2,400,000 toward the sum total
of $3 million dollars to construct the Y facility.
For an official response from the YMCA,refe to a letter sent to the City of Eagan by
John Traver, president, enclosed on page .
50
Ago
Ap:
Until action is taken regarding Tri -Land Properties' request for tax increment financing
that would include an ice arena facility, there is no additional work or research to be
performed by the City. If the action of the City Council is to approve the TIF for the Tri -
Land project, the City will continue to work with the YMCA on their proposed facility
without an ice arena for the community. An action by the City Council to deny the TIF
as proposed by Tri -Land Properties would suggest that the City prepare and review a
master plan for the 65 acre HUD parcel for the purpose of determining whether a Y
facility, ice arena and athletic fields can all be developed on the site as suggested at the
March 20 Council meeting. A reaction committee comprised of members from the hockey
associations, athletic associations, Advisory Parks and Recreation Commission, Eagan
YMCA volunteer committees and other pertinent groups could be organized to assist in
the overall planning effort.
SUMMARY
Since the TIF proposal was received in November, 1989, there has been considerable
documentation in the form of memos, correspondence, petitions and other data for Council
review. If any member of the City Council would like copies of any information that is
not provided in the Council packet, please contact the City Administrator's office and that
information will be distributed.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the resolution for
the development program and tax increment financing plan for Development District #3,
Tri -Land Properties ice arena project and a resolution regarding the development
agreement for Development District #3 as presented.
Any specific action relating to the YMCA proposal, if appropriate, such as directing
development of a concept/site plan would be at the direction of the City Council.
31
MEMO TO: DAVE MACGILLIVRAY
STEVE ROSHOLT
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 30, 1990
SUBJECT: ISSUES TO BE ADDRESSED IN THE TRI -LAND PROPERTIES
DEVELOPMENT AGREEMENT
At the March 20 City Council meeting, City Councilmember Pawlenty
indicated that he had some additional issues that should be
addressed in the development agreement the City is negotiating for
the Tri -Land Properties development project. Councilmember
Pawlenty contacted my office this morning and attempted to
paraphrase eight (8) points that he would like addressed in the
development agreement before it is submitted to Tri -Land Properties
for their review and consideration. Also, it was the intention of
Councilmember Pawlenty to communicate any concerns or issues he had
with Rollie Crawford, legal council for Tri -Land Properties, in
advance of the April 17 City Council meeting to be sure to share
this information with both Chris and Rollie.
1) In any public/private relationship, the financial health
of both parties is important. Would it be appropriate
to request a financial statement from Tri -Land Properties
to disclose the financial -credibility of the applicant?
2) Ask the developer to attach, as an exhibit to the
development agreement, a specific commitment and plan for
the management team that will operate the ice arena
facility.
3 ) Whether a 501C3 owns the project or Brad Swenson owns and
operates the project, there is the necessity of a
financial guarantee for all operating expenses. It is
recommended that language be included in the development
agreement that operating expenses are guaranteed with
collateral/security up to $100,000 per year for the
length of the TIF.
4) Provide a guarantee that Tri -Land or some other party
will operate the ice arena facility as an ice arena for
no less than twenty (20) years. Any change in use of the
facility would require action by the Eagan City Council.
5) A statement in the development agreement should indicate
that the cost of land as proposed by the developer does
in fact match the appraisal that was performed by Ray
Connolly & Associates.
6) Every effort should be made to provide a minimum locker
room area and space for the sale of concessions.
7) Provide performance guarantees that would assure the City
that the developer cannot stop construction of the ice
arena facility once the project is started.
8) Request a construction timetable as a condition of the
development agreement:
In summary, all the aforementioned points were provided by
Councilmember Pawlenty and either directly or indirectly prevent
financial exposure to the City of Eagan if the project is to
proceed ahead..
Also attached is a memo prepared by City Councilmember Gustafson
regarding the proposed ice arena project. Please review
Councilmember Gustafson's points for insertion into the final draft
of the development agreement.
City Administrator
cc: Mayor
City Councilmembers
Director of Finance
Attachment
TLH/vmd
VanOverbeke
31
March 26, 1990
POSITION OF DAVE GUSTAFSON ON TRI -LAND PROPOSAL
1. Eagan should have an ice arena.... in 1991-
2. Our bond referendum failed. h �Ce Arew
3. The school district is not going
include
throughoutatheoStatelr
proposals. This is generally consistent
4. No one is showing that private development can build an arena.
5. That leaves us with the Tri -land proposal.
6. I don't like TIF for this proposal. I don'TIF District. Howevert wekdoaget0anlice
center as part of the
arena at no cost to the taxpayers (TIF is legal in this case)
IF we can live with the shopping center!
7. The ice arena must: a) have at least 1,200 seats, b) have
locker rooms & concession stands, c) meet our construction
standards, d) have ownership/operation that assures use as an
ice arena for many years, e) pay real estate taxes,
f) meet other conditionsour advisors/other iy in the councilevelomemembersement
or deemed necessary by
8. If I/we can "justify" the use of TIF with a shopping center to
Y��
achieve an ice arena let's 90 forward towards approval,
informing thep r what must center are note included under #7 acceptable to live withein
If TIF and a shopping
order to get an ice arena, let's say so soon.
9. It may be that the
eireinnthatecase we don'tice
getranaicenn0t
be met by the developer-
arena by this developer -
Ci
MEMO TO: DAVE MACGILLIVRAY, SPRINGSTED
STEVE ROSHOLT, FAEGRE AND BENSON
GENE VANOVERBEKE, DIRECTOR OF FINANCE
KEN VRAA, DIRECTOR OF PARKS AND RECREATION
JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 28, 1990
SUBJECT: STATUS OF TIF PROPOSAL AND YMCA CONCEPT
At the March 20 City Council meeting, action was taken to continue
consideration of Tri -Land Properties TIF application until the
April 17 regular meeting. Reasons for the continuance included:
1. The proposed concept of the City dedicating land to the St.
Paul YMCA for the purpose of building a YMCA facility with an
attached ice arena.
2. A directive that a development agreement be completed by City
consultants and that any and all issues that are not agreed
upon between the developer and the City be identified prior
to the April 17 meeting, providing the City Council with
adequate information to finalize their decision on the TIF
proposal at the April 17 meeting.
The following discussion is intended to provide work direction on
finalization of the development agreement for the TIF proposal and
a general direction on how staff should proceed with the YMCA
proposal that considers a public land dedication.
TIF PROPOSAL/TRI-LAND PROPERTIES
Consultants are asked to prepare a final draft of the development
agreement and present the document to the developer's
representatives by April 4. The agreement will assume a "risk
free" position for the City and direction will be given to the
developer to execute the document prior to April 11 or the City
will assume the development agreement is not acceptable. Action
to approve or deny the TIF proposal for Tri -Land will proceed as
scheduled on April 17 unless a request for continuance is filed by
the developer and approved by the City Council at either the April
3 or 17 meeting. This action is not anticipated.
City Councilmembers have been asked to provide any and all comments
they wish included in the development agreement by Friday, March
30 and copies of their questions or comments for insertion into the
development agreement will be faxed on that day.
4(
TIF PROPOSAL AND YMCA CONCEPT
MARCH 28, 1990
PAGE TWO
YMCA, PROPOSAL
Staff was directed by the City Council to review alternatives and
concepts to consider a land dedication for an Eagan YMCA, including
an ice arena facility. A meeting is tentatively scheduled with the
YMCA executive officer, John Traver, for Monday, April 2 at the St.
Paul YMCA facility. To be included in that meeting are Mayor Egan,
City Councilmember McCrea, Director of Parks and Recreation Vraa
and the City Administrator. The purpose of the meeting is to
discuss and brainstorm alternatives for and construction of the
Y/ice arena facility. As soon as the meeting time is confirmed,
everyone will be notified. A report of this meeting will be
distributed to the City Council ASAP.
Considerations are to include an allocation of public land for the
not for profit Eagan Y project, include but are not limited to the
following:
1. Legal interpretations/findings must be made to determine
if/how the City can dispose of land purchased from the park
site acquisition fund (this needs to be coordinated with Jim
Sheldon).
2. The exact amount of land (number of acres) should be carefully
determined. Possibly a land dedication of two acres might be
adequate if the Y and City could agree to a joint powers
agreement for the construction/maintenance of a shared parking
lot, and/or other mutually usable site elements adjoining park
land. (A long term lease agreement might be also possible.)
This assumes *1 can be answered.
3. All public land should be considered before a land dedication
is determined, i.e. City Hall community site, etc., and the
pros and cons of each site considered.
4. Consider corporate donations (land dedication to the City)
could be solicited to purchase the land from the City.
5. Determine steps and identify a process to follow to bring
issues to conclusions; what is the "Y" process? What is the
City process? Should a site/concept plan be considered?
' � f
i
City Administrator
TLH/ j eh
4a-
SUITE 1150, 8400 TOWER
8400 NORMANDALE LAKE BOULEVARD
BLOOMINGTON, MINNESOTA 55437-1076
6.2/921-2200
TELECOPIER 921-2244
FA E G R E & B E N S O N
2200 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402-3901
6:2 / 33 6 - 3 0 0 0
TELECOPIER 336-3026
10 EASTCNEAP
LONDON E03M 1ET, ENGLAND
01/623-6163
TELECOPIER 623-3227
April 10, 1990
[By Messenger]
Mr. Dave MacGillivray
Springsted, Inc.
85 East Seventh Place
Suite 100
St. Paul, MN 55101-2143
Mr. Thomas Hedges
Mr. Gene VanOverbeke
Eagan City Hall
3830 Pilot Knob Road
Eagan, MN 55122
Mr. James Sheldon
Severson, Wilcox & Sheldon
600 Midway National Bank Building
7300 W. 147th Street
Apple Valley, MN 55124
RE: Tri -Land
Gentlemen:
2300 REPUBLIC PLAZA
370 SEVENTEENTH STREET
DENVER, COLORADO 80202-400-4
303/592-5680
TELECOPIER 502-5603
Enclosed are the revised copies of the Development
Agreement and cover letter sent to the Tri -Land representatives
last week.
SR:lkl
Enclosure
7815g
So far, I have not heard any reaction.
Ver truly yours,
Stephen Rosholt
April 4, 1990
To the Persons Named on the
Attache Distribution List
c
RE: Tri -Land Tax Increment Proo2osal
Ms. Chale and Gentlemen:
Enclosed is a revised draft of the Development
Agreement. Because this draft includes extensive revisions, we
have not marked the changes from the last draft distributed to
you.
This version reflects the concepts described in Dave
MacGillivray's March 16 letter to Tom Hedges and certain
comments of Council members made after the public hearing.
While we have tried to incorporate those concepts, the language
has not been reviewed or approved by City Staff, Dave
MacGillivray or any member of the Council.
We have been instructed that execution of the the
Development Agreement is necessary to approve the Tag Increment
Financing Plan and that execution by Tri -Land is required by
April 11.
While a number of items are not completed, we are
prepared to work with you on those. I am available Friday of
this week and Monday through Wednesday of next week.
In addition, it is requested that Council members and
appropriate staff have an opportunity to review a recent
financial statement of the partnership prior to April 17.
Very truly yours,
Stephen Rosholt
SR:lkl
Enclosure
7776g
Tri -Lana Partnersnip of Eagan
Mr. Brad Swenson
Tri -Land Companies
1875 Plaza Drive, #200
Eagan, MN 55122
Mr. Rollie Crawford
Levander, Gillen, Miller, Anderson & Kuntz
402 Drovers Bank Building
P.O. Bog 298
South St. Paul, MN 55075
Ms. Chris Chale
Holmes & Graven
470 Pillsbury Center
Minneapolis, MN 55402
Mr. Sid Inman
Mr. Mark Ruff
Publicorp Inc.
364 Century Plaza
1111 Third Avenue South
Minneapolis, MN 55404
7776g
q15
T
Draft: April 4, 1990
DEVELOPMENT AGREEMENT
relating to
DEVELOPMENT DISTRICT NO. 3
CITY OF EAGAN, MINNESOTA
by and between the
CITY OF EAGAN, MINNESOTA
ow and
3829f
TRI -LAND PARTNERSHIP OF EAGAN,
a Minnesota general partnership
THIS AGREEMENT, made and entered into as of the
day of April, 1990, by and between the CITY OF EAGAN, a
municipal corporation and political subdivision of the State of
Minnesota (hereinafter called the "City"), and TRI -LAND
PARTNERSHIP OF EAGAN, a Minnesota general partnership
(hereinafter called the "Developer");
WITNESSETH THAT, in the joint and mutual exercise of
their powers, and in consideration of the mutual covenants
herein contained, the parties hereto recite and agree as
follows:
Section 1. Recitals.
1.01 Establishment of Project and Plans. The City has
established Development District No. 3 in and for the City (the
"District"), and approved a Development Program (the
"Development Program") and a Tax Increment Financing Plan (the
"Financing Plan") for the District, pursuant to which the City
has designated a portion of the District as a tax increment
financing district (the "TIF District"); all pursuant to and in
accordance with Minnesota Statutes, Sections 469.124 to 469.134
and Sections 469.174 to 469.179 (the "Acts").
1.02 Implementation. The Developer has asked the City
Council to authorize and direct City officers and staff to take
all actions necessary to implement and carry out the
Development Program and the Financing Plan (collectively, the
"Plans").
1.03 Private Development. The Developer proposes to
construct on the real property described in the attached
Exhibit A (the "Development Site") the facilities described in
Exhibit B (the "Facilities"), including a 33,000 square foot
ice arena (the "Ice Arena"), a retail mall with grocery store
(the "Retail Mall"), a bank/medical office building (the
"Office Facility") and a commercial outlot (the "Outlot"), in
accordance with the Development Program. The Developer
represents that the Developer would not undertake the
development of the Development Site and construction of the
Facilities without the financing provided by the City pursuant
to this Agreement.
1.04 Land Write -Down Assistance. The City has
determined that it is necessary, in order to accomplish the
purposes specified in and to carry out the Development Program,
to acquire the real property described in the attached
Exhibit C (the "Property") for the maximum amount of $2,250,000
and to reconvey the Property to the Developer for a nominal
amount in order to compensate the Developer for part of the
costs of constructing the Facilities, such acquisition and
reconveyance to be known hereinafter as the "Land Write -Down."
1.05 Appraisal. The City has received a preliminary
appraisal of the Property showing a total appraised value of
$ ($ per acre).
1.06 Original Tax Capacity• Tax Increment. The City
shall request the County Auditor of Dakota County to certify to
it the Tax Capacity of all taxable property in the TIF District
as described in the Financing Plan (the "Original Tax
Capacity"). The Tax Capacity of all taxable property in the
TIF District as thereafter determined for each year the
Financing Plan is in effect, less the Original Tax Capacity,
shall be known as the Captured Tax Capacity. The ad valorem
taxes derived from such property in the years the Financing
Plan is in effect, by applying the aggregate tax capacity rate
levied by all governmental entities having authority to levy
taxes on such property to the Captured Tax Capacity, shall be
known as the Tax Increment. Under the Acts, the County Auditor
is required to pay to the City so much of the Tax Increment
received within the period the Financing Plan is in effect, as
is needed to pay debt service on the limited revenue tax
increment note (the "Tax Increment Note") issued by the City
with respect to the TIF District. The City expects to receive
such Tax Increment during the term of this Agreement, and will
appropriate and use the Tax Increment for such purposes as
hereinafter provided. The City agrees that it will not reduce
the size of the TIF District, change its fiscal disparities
election with respect to the TIF District, or take similar
actions which would have the effect of reducing the amount of
the Tax Increment; provided, however, that the City may
terminate the TIF District and its obligations under the Tax
Increment Note in the event that, by reason of legislative
enactment, the City's local government aids, homestead and
agricultural credit aid or other state aids are reduced by
reason of the receipt of Tax Increment from the TIF District.
1.07 Intention to Contract. The City desires to
contract with the Developer to purchase and develop the
Property in accordance with the Development Program, as
specified in this Agreement; and the Developer desires to
contract with the City for this purpose.
1.08 Developer. For purposes of this Agreement,
unless and until otherwise agreed by the City in writing, the
term "Developer" includes Tri -Land Partnership of Eagan and any
person or entity to whom the Development Site is conveyed or
transferred as hereinafter permitted.
Section 2. Revresentations. Warranties and General
Covenants.
2.01 Representations and Warranties by the City. The
City represents and warrants that it has, by appropriate City
Council action, authorized the execution of the and performance
of its obligations under this Agreement; however, no part of
this Agreement shall be construed as a representation of the
City as to the condition of the Development Site or as to its
suitability for the Developer's purposes and needs or that the
construction of the Facilities will satisfy the requirements of
Minnesota Statutes, Section 469.176, Subdivision 4c.
2.02 Representations. Warranties and General Covenants
by the Developer. The Developer represents and warrants that:
(a) The Developer is a general partnership duly
organized and in good standing under the laws of the State
of Minnesota, is authorized to do business in Minnesota and
is in good standing under the laws of Minnesota, is not in
violation of any provisions of its partnership agreement or
the laws of the State and is authorized to enter into and
perform its obligations under this Agreement.
(b) The Developer has received no notice or
communication from any local, state or federal official or
body that the activities of the Developer respecting the
Development Site or the construction of the Facilities
thereon may be or will be in violation of any law or
regulation.
(c) The execution and delivery of this Agreement, the
consummation of the transactions contemplated hereby and
the fulfillment of or compliance with the terms and
conditions of this Agreement are not prevented or limited
by and will not conflict with or result in a breach of any
provision or requirement applicable to the Developer or of
any provision of any evidence of indebtedness, agreement or
instrument of whatever nature to which the Developer is now
a party or by which it is bound.
(d) The construction of the Facilities would not be
undertaken by the Developer., and in the opinion of the
Developer would not be economically feasible within the
reasonably foreseeable future, without the assistance and
benefit to the Developer provided for in this Agreement.
(e) None of the financial statements heretofore
delivered to the City by the Developer, excluding
projections, contained or contains any untrue statement of
a material fact or omitted or omits to state a material
fact necessary in order to make the statements contained
therein not misleading as of the date thereof.
4�
Section 3. Land Write -Down.
3.01 Land Write-down. The City agrees to purchase the
Property for a maximum price of $ per acre and maximum
aggregate price of $2,250,000, in installments as and when the
Property is acquired by the Developer, such purchase price to
be payable solely by issuance of the Tax Increment Note
described in Section 4 below, and to sell the Property back to
the Developer for a total price of $1, subject to the terms of
this Agreement; provided that such maximum aggregate price for
the Property shall be reduced by the amount by which the
construction costs of the Ice Arena, as established by a sworn
construction statement to be provided by the Developer at the
completion of construction of the Ice Arena, is less than
$1,890,000. The purchase of each parcel of the Property shall
result in an advance under the Tax Increment Note in an amount
equal to the purchase price thereof and the City shall have no
obligation to provide any funds therefor. The Developer
represents that its negotiated price for acquisition of the
Property is no less than the appraised value thereof as set
forth in Section 1.05.
3.02 Title. The conveyance by the City to the
Developer shall be by Quit Claim Deed. The state of title to
the Property to be conveyed by the City to the Developer shall
be the same as the state of title which was conveyed to the
City by the Developer. The City shall have no obligation to
take any action to cure any title defects or encumbrances
existing with respect to the Property.
Section 4. Tax Increment Note.
4.01 Issuance of Tax Increment Note. Subject to the
further provisions of this Section, the City shall issue to the
Developer, as the purchase price for the Property, the Tax
Increment Note substantially in the form of Exhibit D hereto,
in the maximum principal amount of $2,250,000. The Developer
covenants and agrees not to sell, transfer or convey the Tax
Increment Note unless the purchaser or assignee of the Note
executes an investment letter in the form attached hereto as
Exhibit E stating that the purchaser is purchasing the Tax
Increment Note for purposes of investment and not with a view
toward resale; provided that the Developer may pledge or grant
a security interest in the Tax Increment Note as security to
any lender (a "Lender") with respect to any debt incurred or
obligations issued to finance the acquisition of the
Development Site or the construction of the Facilities. The
Developer acknowledges that the City makes no representations
as to the adequacy of tax increments available to pay the Tax
Increment Note.
_,S 0
The Tax Increment Note shall bear interest on the
outstanding principal amount thereof at a rate equal to the
lesser of (i) 12.00 percent per annum or (ii) the interest rate
payable by the Developer with respect to the permanent
financing of the Ice Arena, shall be payable in installments as
set forth in Exhibit D, and shall be payable solely from Tax
Increments received by the City from the District. The Tax
Increment Note shall not be a debt of the City or the State of
Minnesota, and neither the City, the State nor any political
subdivision shall be liable on the Tax Increment Note, nor
shall the Tax Increment Note be payable out of any funds or
properties other than Tax Increment.
4.02 Tax Increments. The parties agree that all Tax
Increments derived from the TIF District shall be used first,
to reimburse the Developer for administrative costs paid by it
pursuant to Section 4.03 below, and second, to pay interest and
principal on the Tax Increment Note when due.
4.03 Administrative Expenses. The Developer has
deposited with the City the sum of $ , to be used
by the City as needed to pay initial administrative costs of
the City incurred in connection with this Agreement and the
transactions contemplated hereby (including but not limited to
the certification of the TIF District). Any unused amount of
such deposit shall be returned to the Developer upon the
payment of all such initial administrative costs.
Section 5. Developer Undertakings.
5.01 Construction of Facilities. Subject to the terms
and conditions of this Agreement, the Developer agrees to
satisfy the conditions for commencement of the Ice Arena set
forth in Section 5.02 and to commence construction of the Ice
Arena on or before May 30, 1991, to complete construction of
the Ice Arena on or prior to October 1, 1991 and to construct
(or cause to be constructed) the Facilities upon the
Development Site in accordance with the construction schedule
set forth in Exhibit B hereto and the concept plan attached as
Exhibit F hereto (the "Concept Plan"); provided that with the
consent of the City, comparable improvements consistent with
the City's general design standards and zoning requirements and
eligible under the provisions of Section 6.02 hereof may be
constructed in substitution for the Retail Mall, the Office
Building and the Outlot (such substituted facilities to be
included in the definition of "Facilities" unless the context
otherwise requires). Except as expressly provided otherwise
herein, no provision of this Agreement shall restrict the
Developer from the construction of additional improvements on
the Development Site.
5f
5.02 Conditions for Commencement of Ice Arena. The
Developer will not commence construction of the Ice Arena until
all of the following conditions have been met: (i) the plans
and specifications ("Plans and Specifications") for the Ice
Arena shall have been approved by the City; (ii) commitments
from a lender or lenders to provide construction and permanent
financing acceptable to the City for the Facilities in
accordance with the Concept Plan and the expected market values
set forth in Exhibit B hereto shall have been obtained and the
Developer shall have provided the City with evidence that the
amount of such financing plus any equity available to the
Developer will be sufficient to construct and pay for the
Facilities; (iii) construction of at least 25% of the
Facilities other than the Ice Arena (such percentage to be
based on the expected market value of the Facilities as set
forth in Exhibit B) shall have been commenced; (iv) the
Developer shall have provided the City with a copy of an
executed guaranteed maximum price contract with a contractor
acceptable to the City for construction of the Ice Arena and a
performance bond or other assurance satisfactory to the City to
insure the completion of the Ice Arena; and (v) the conditions
of Section 6.11 hereof shall have been met.
5.03 Plans and Specifications. The Developer will
develop the Development Site and construct the Ice Arena in
accordance with Plans and Specifications which have been
approved by the City Council and conform to the approved
Concept Plan and development stage plan to be approved by the
City Planning Commission and City Council, the Development
Program, this Agreement, applicable federal, state and local
laws, ordinances, rules and regulations, and the terms and
conditions of all approvals, licenses and permits required to
develop the Development Site and construct the Facilities;
provided that any proposed change in the Plans and
Specifications may be made (i) in the discretion of the
Developer if such change is consistent with the approved
concept plan and development stage plan and requires a change
order which would result in a deviation of not more than
$ from the original contract price, and (ii) with the
written consent of the City if the conditions set forth in
subsection (i) are not met. In this process the City shall
have the right to approve the size and character of the
Facilities, including without limitation the elevations,
building material, exterior color, parking areas, internal
pedestrian circulation, signage and pedestrian and vehicle
access. The Ice Arena shall be of not less than the quality
contemplated by the concept plan and development stage plan,
shall contain not less than 1,200 seats, and shall include a
locker room or rooms of at least square feet and adequate
concession stand facilities for 1,200 spectators.
-6-
5-:2-
5.04 Construction Contracts. The Developer shall
enter into one or more contracts with one or more contractors
(the "Contractors") providing for the construction of the
Facilities in accordance with this Agreement, the Plans, the
Plans and Specifications, applicable state, federal and local
laws, ordinances, rules and regulations, and the terms and
conditions of the approvals, licenses and permits described in
Section 5.03 hereof.
5.05 Construction Progress Report. Subsequent to the
commencement of construction of the Ice Arena, and until
construction of the Ice Arena has been 100% completed in
accordance with this Agreement, the Developer shall, upon
written request of the City, make, in such detail as may
reasonably be required by the City, and shall forward to the
City, a written report as to the actual progress of such
construction; provided, however, that such requests by the City
shall be no more frequent than monthly.
5.06 Completion Certificate. Upon substantial
completion of the Ice Arena in accordance with Sections 5.01
and 5.03, the City shall furnish to the Developer an
appropriate completion certificate so certifying. The
certification by the City shall be (and it shall be so provided
in the certification itself) a conclusive determination of
satisfaction and termination of the covenants in this Section 5
with respect to the obligations of the Developer to construct
the Ice Arena and the date of completion thereof.
5.07 Annual Audit. The Developer shall cause, at its
expense or at the expense of any operating entity with respect
to the Ice Arena, an annual financial audit to be conducted
covering the operations of the Ice Arena, and shall provide the
City with a copy of a report concerning such audit no later
than 120 days from the end of each fiscal year of the Developer
or of such operating entity, as appropriate.
5.08 Enforcement: Damages. The Developer acknowledges
that in the event if its failure to perform any or all of its
obligations under this Agreement, the City may elect one, but
not both, of the following remedies: (i) the City shall
commence legal action to recover all damages, losses and
expenses sustained by the City which result from such default
by the Developer, provided that such damages, losses and
expenses shall not include the loss of any anticipated Tax
Increment but shall be limited to out-of-pocket costs incurred
by the City, including but not limited to legal fees, in
connection with such default or in connection with the
Agreement or the transactions contemplated thereby (except to
the extent such out-of-pocket costs have been previously paid
by the Developer pursuant to Section 4.02 hereof) and all
damages, losses and expenses sustained by the City as a result
of liability or purported liability to any third party,
including but not limited to legal fees, or (ii) the Tax
Increment Note shall be terminated and thereafter, the City
shall be under no obligation to pay Tax Increment to the
Developer, and the Developer shall pay to the City any amounts
previously paid by the City to any party pursuant to the Tax
Increment Note. Notwithstanding the foregoing, however, the
City may in lieu of or in addition to the foregoing exercise
any remedies available in law or in equity in the event of
default by the Developer under any covenant of the Developer
hereunder relating to the Ice Arena, including without
limitation the obligations of the Developer under Sections
5.01, 5.05, 5.06, 5.07, 6.08, 6.09, 6.10, 6.11, 6.12 and 6.13.
6.01 General Restrictions. The Developer agrees for
itself and its successors and assigns and every successor in
interest to the Property or any part thereof that the Developer
and its successors and assigns shall:
(A) not discriminate on the basis of sex, race or
religious, political or other affiliations in the use of
the Development Site or the Facilities, or any part
thereof;
(B) not cause the Development Site or the Facilities
or any part thereof to be removed from the public tax rolls
or to become exempt from assessment for general ad valorem
real estate taxes by reason of any conveyance, lease or
other action.
6.02 Special Covenant on TIF District. The Developer
acknowledges that the TIF District is an "economic development
district," as defined in Section 469.174, Subdivision 12, of
the Act and, as such, is subject to the limitations provided in
Section 469.176, Subdivision 4c, of the Act. The Developer
covenants that it will, with respect to the Development Site,
observe and comply, and that it will cause and require any of
its permitted successors and assigns to observe and comply with
the limitations of such Subdivision 4c. In particular, and
without limitation, the Developer covenants that at no time
throughout the term of the TIF District shall 25% or more of
the buildings and other facilities, or portions thereof
(determined on a square footage basis), then within the TIF
District be used for any one or more of the following
purposes: retail food and beverage services, automobile sales
or service, the provision of recreation or entertainment, or
any private or commercial gold course, country club, massage
parlor, tennis club, skating facility (including roller
skating, skateboard, and ice skating), racquet sports facility
(including any handball or racquetball court), hot tub
s�
facility, sun tan facility, or racetrack. By way of
illustration of this restriction, the square footage of any
restaurant would be aggregated with the square footage of all
other facilities which are used for recreation, automobile
sales or service, other retail food and beverage services, or
any other of the above-described uses, or combination thereof,
as a basis for determining compliance. As a condition to the
receipt of the Certificate of Completion, and at any other time
upon written request to the Developer by the City, the
Developer shall certify in writing to the City the total square
footage of the buildings and facilities that are then
constructed, under construction, or proposed for any property
within the TIF District, -together with the total square footage
of such buildings and facilities which are used or anticipated
to be used for any of the above-described purposes.
6.03 Covenants. It is intended and agreed that the
covenants contained in this Agreement relating to the Ice
Arena, including the obligations of the Developer with respect
to the Ice Arena under Sections 5.01, 5.05, 5.06, 5.07, 6.08,
6.09, 6.10, 6.11 and 6.12 and the covenants with respect to the
Development Site under Section 6.12 and Section 5.01 shall be
covenants running with the land binding upon and enforceable
against the Developer and its successors and assigns to the
fullest extent permitted by law and equity for the benefit and
in favor of, and enforceable by, the City, its successors and
assigns, and shall remain in effect so long as the Tax
Increment Note is outstanding or such longer period as may be
specified in any of such provisions. The recordation of this
Agreement shall serve as notice to any subsequent purchaser,
mortgagee, assignee or any other party acquiring an interest in
the Facilities or Development Site that, upon acquisition of
all or a portion of the Facilities or of the Development Site
by purchase, foreclosure or otherwise, the obligations of the
Developer under such provisions shall remain in full force and
effect. Except as expressly set forth herein, the obligations
under such provisions shall not be subordinated to the rights
of any party having an interest in such property.
6.04 Restrictions on Conveyance: Financing.. The
Developer has not made, and will not make or suffer to be made
prior to the issuance of the completion certificate described
in Section 5.06, any sale, assignment or other ownership
transfer in any other form of this Agreement or any interest
therein, or contract or agree to do any of the same, without
the written consent of the City; provided that the Developer
may so sell, assign or transfer any interest in this Agreement
without the consent of the City to any general partner of the
Developer or any entity in which any general partner of the
Developer is a general partner or has a controlling interest.
The Development Site or any improvements thereon, or any part
thereof or interest therein, may be sold, assigned, or
transferred without the consent of the City, provided that any
transferee shall expressly assume all of the obligations of the
Developer under this Agreement.
6.05 Financing of the Development Site and
Facilities. It is understood that the Developer may mortgage
the Development Site and the Facilities and grant a security
interest therein or in its interest therein for the purpose of
securing the payment of any debt incurred or obligations issued
to finance the acquisition of the Development Site or the
construction of the Facilities if the mortgagee or -secured
party acknowledges and agrees to the terms of this Agreement;
provided that all icemaking and resurfacing equipment necessary
to the operation of the Ice Arena shall be purchased by the
Developer, its successors or assigns and shall not be leased or
be subject to any lease -purchase or similar agreement.
6.06 Notice of Default. Whenever the City shall
deliver any notice or demand to the Developer with respect to
any breach or default by the Developer in its obligations or
covenants under this Agreement, it shall at the same time
forward a copy of such notice or demand to each holder of any
permitted mortgage, lien or other similar encumbrance on the
Development Site or the Facilities at the last address of such
holder shown in the real estate records of the County or as
otherwise known to the party delivering such notice or demand.
Each such holder shall have the right, at its option, to cure
or remedy such breach or default and to add the cost thereof to
the mortgage debt and the lien of its mortgage or lien;
provided, that if the breach or default is with respect to
construction of the Facilities, such holder, either before or
after foreclosure or action in lieu thereof, shall undertake or
continue the construction and completion of the Facilities in
accordance with this Agreement. Any such holder who shall
properly complete the Facilities shall be entitled, upon
written request made to the City, to a certification or
certifications by the City to such effect in the manner
provided in Section 5.06.
6.07 No Discrimination. The Developer, for itself and
its successors and assigns, agrees that in the construction of
the Facilities the Developer will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex or national origin. The Developer will require
that each Contractor acknowledge the provisions of this Section
6.07 and each contract for construction of the Facilities shall
contain a covenant by the Contractor that the Contractor shall
not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national
origin, and acknowledging that the City may enforce such
provision against the Contractor.
-10-
6.08 Insurance. During the life of the TIF District,
the Developer shall maintain (or cause to be maintained by the
operating entity with respect to the Ice Arena, if other than
the Developer) with a reputable insurance company or companies
licensed to do business in Minnesota, insurance covering the
Ice Arena in such reasonable amounts as are customarily carried
on properties of the same general use and character as the
Facilities. The policies may be subject to a reasonable
deductible clause.
Policies of insurance procured pursuant to this
Section shall be payable to the Developer, and shall provide
for release of insurance proceeds to the Developer for
restoration of loss, unless any Lender shall require
application of such proceeds to the resolution of its debt, in
which event the Developer shall have no obligation to provide
funds for restoration of the Ice Arena. The Developer shall
furnish to the City, on or before the inception of this
Agreement, evidence that the insurance coverage required under
this Agreement will be in full force and effect at all times
during the period of the Agreement. Such evidence of insurance
shall be in the form of a standard Certificate of Insurance, or
such other form as the City may, in its sole discretion,
determine to accept as evidence of insurance. At the request
of the City, the Developer shall, in addition to providing such
evidence of insurance, promptly furnish the City with a
complete copy of each insurance policy intended to provide
coverage required hereunder.
6.09 Obligation to Rebuild Ice Arena. So long as the
Tax Increment Note is outstanding, in the event of destruction
of all or a substantial portion of the Ice Arena, the Developer
shall as soon as reasonably possible and in any event on or
before the second succeeding December 31 following such
destruction, time being of the essence, repair, rebuild or
replace the Ice Arena to at least the conditions and value
thereof at the time of damage or destruction, except as
otherwise provided in Section 6.08 hereof. If the Developer
fails to repair, rebuild or replace the Ice Arena to at least
the condition and value thereof at the time of the damage or
destruction, the Developer shall surrender the Tax Increment
Note to the City and thereafter, the City shall be under no
obligation to pay Tax Increment to the Developer.
6.10 M-arLagement of Ice Arena. Attached as Exhibit G
hereto is a Management Plan setting forth the Developer's
proposal with respect to operation of the Ice Arena by a
nonprofit corporation. In the event of any material deviation
from the Management Plan without the written consent of the
City, the Developer shall surrender the Tax Increment Note to
the City and thereafter, the City shall be under no obligation
to pay Tax Increment to the Developer.
-11-
6.11 Maintenance and Overatinq Expenses. The
Developer, its successors and assigns agree to pay or guarantee
the payment of all operating deficits of the Ice Arena,
including any draws on the revenues of the Ice Arena by any
Secured Lender, during the life of the TIF District. In order
to secure the Developer's guarantee of such operating deficits
the Developer shall provide a cash reserve prior to
commencement of the Ice Arena, in the amount of $100,000 (the
"Reserve Requirement"), to be held by the City and applied as
necessary to cover operating deficits of the Ice Arena, and
shall deposit additional funds with the City as needed to
maintain the Reserve Requirement within 30 days of any draw on
the Reserve Requirement; provided that any operating reserves
generated by the Ice Arena from time to time may be deposited
with the City and credited to the Reserve Requirement at which
time any funds in excess of the Reserve Requirement shall be
returned by the City to the Developer. In addition, prior to
the commencement of the Ice Arena, the Developer shall have
provided a letter of credit or other security satisfactory to
the City (the "Additional Security"), in the amount of
$100,000, to secure the Developer's guarantee of operating
deficits of the Ice Arena. At the expiration of the life of
the TIF District, after application of the Reserve Requirement
and the Additional Security to any existing operating deficits,
if any, the remainder of the Reserve Requirement and any
earnings thereon shall be returned to the Developer and any
instrument evidencing the Additional Security shall be
terminated and cancelled.
6.12 Maintenance of Ice Arena. The Developer, its
successors and assigns agree to operate and maintain the Ice
Arena in a commercially reasonable manner as an ice arena
suitable and available to the general public and public and
nonprofit institutions for recreational skating, ice hockey and
related purposes or to cause the Ice Arena to be so operated
and maintained, for a period of twenty years from the date
hereof, unless the City Council consents by resolution to a
change in the use of the Ice Arena.
6.13 Access to Development Site. The Developer shall
permit and does permit the City access to the Development Site
for any purpose deemed necessary by the City for carrying out
the provisions of this Agreement.
Section 7. Security For Tax Increment Note.
7.01 Tax Increments; Uwe and Inve-�Jment. The
Developer acknowledges the right of the City to pledge the Tax
Increments derived from the Development Site and the Facilities
to the payment of principal of and interest on the Tax
Increment Note in accordance with Section 4.02; to deposit the
Tax Increments in the funds established for the payment of the
-12-
�rg
Tax Increment Note for this purpose not more often than twice
yearly; and to invest or direct the investment of such Tax
Increments in accordance with Minnesota Statutes, Section
475.66 and retain the interest earnings on such moneys to pay
expenses incurred by the City.
Section 8. Release and Indemnification Covenants.
8.01 The Developer releases from and covenants and
agrees that the City and the governing body members, officers,
agents, including its independent contractors, consultants and
legal counsel, servants and employees thereof (hereinafter, for
purposes of this Section, collectively the "Indemnified
Parties") shall not be liable for and agrees to indemnify and
hold harmless the Indemnified Parties against any loss or
damage to property or any injury to or death of any person
occurring on or resulting from any defect in the Property or
any improvements constructed thereon.
8.02 Except for any willful misrepresentation or any
willful or wanton misconduct of the Indemnified Parties, the
Developer agrees to protect and defend the Indemnified Parties,
now and forever, and further agrees to hold the aforesaid
harmless from any claim, demand, suit, action or other
proceeding whatsoever by any person or entity whatsoever
arising or purportedly arising from this Agreement, or the
transactions contemplated hereby or the acquisition,
construction, installation, ownership, and operation of the
Development Site or any improvements constructed thereon,
specifically including but not limited to the Developer's
failure to comply with the provisions of Section 6.02 hereof;
provided that this indemnification shall not apply to the
warranties made or obligations undertaken by the City in this
Agreement.
8.03 All covenants, stipulations, promises, agreements
and obligations of the City contained herein shall be deemed to
be the covenants, stipulations, promises, agreements and
obligations of the City and not of any governing body member,
officer, agent, servant or employee of the City.
Section 9. General Provisions.
9.01 Conflicts of Interest: Representatives Not
Individually Liable. No officer or employee of the City shall
have any personal interest, direct or indirect, in this
Agreement, nor shall any such officer or employee participate
in any decision relating to this Agreement which affects his or
her personal interests or the interests of any corporation,
partnership or association in which he or she is, directly or
indirectly, interested. No officer or employee of the City
shall be personally liable to the Developer in the event of any
default under or breach of
any amount which may become
obligation issued under the
this Agreement by the City or
due to the Developer or for
terms of this Agreement.
for
any
9.02 Rights Cumulative. Except as otherwise provided
in Section 5.08 hereof, the rights and remedies of the parties
to this Agreement, whether provided by law or by this
Agreement, shall be cumulative, and the exercise by any party
of any one or more of such remedies shall not preclude the
exercise by it, at the same or different times, of any other
such remedies for the same default or breach or of any of its
remedies for any other default or breach of any party. No
waiver made by any such party with respect to the performance
or the manner or time thereof, of any obligation under this
Agreement, shall be considered a waiver with respect to the
particular obligation of any other party or a condition to its
own obligation except those expressly waived in writing and to
the extent of such written waiver, nor shall it be considered a
waiver in any respect in regard to any other rights of the
party making the waiver of any obligations of any other party.
Delay by a party hereto instituting or prosecuting any cause of
action or claim hereunder shall not be deemed a waiver of any
rights hereunder.
9.03 Unavoidable Delays. Wherever used in this
Agreement, the term "Unavoidable Delay" shall mean a delay
resulting from a cause over which the party required to perform
does not have control and which cannot or could not have been
avoided by the exercise of reasonable care, including but not
limited to acts of God, accidents, war, civil unrest,
embargoes, strikes, unavailability of raw materials or
manufactured goods, litigation and the delays of the other
party or its contractors, agents or employees in the
performance of their duties under or incident to this
Agreement.
9.04 Recording. The Developer shall cause this
Agreement to be recorded in the office of the County Recorder
or Registrar of Titles or both, as appropriate, of Dakota
County, Minnesota, immediately following the recording of the
Deed conveying title to the Property to the Developer.
9.05 Annual Disclosure. The Developer shall cooperate
with the City in furnishing information in a timely manner in
order to file reports as required by Minnesota Statutes,
Section 469.175(5) and (6), provided nothing in this Section
shall be construed as obligating the Developer to provide
financial information concerning its business except as the
same is directly pertinent to the determinations to be made
from such reports.
-14-
620
9.06 Estoppel Certificates. Either party shall, upon
not less than twenty (20) days' written notice from the other
party, execute and deliver to the other party or to any person
or entity designated by it a certificate stating that this
Agreement is in full force and effect (if such is the case),
that this Agreement has not been modified or amended, or, if it
has, specifying the modifications or amendments, and that to
the best of the knowledge of the certifying party, the other
party is not in default hereunder or, if a default is claimed,
specifying the default.
9.07 Override Provision. Notwithstanding any other
provisions of this Agreement actually or apparently to the
contrary, nothing herein is intended or shall be interpreted to
give or convey to the City any interest in the Development Site
or in the Facilities, except as provided in Section 3.01
hereof.
Section 10. Administrative Provisions.
10.01 Notices. All notices, certificates or other
communications required to be given to the City and the
Developer hereunder shall be sufficiently given and shall be
deemed given when delivered or deposited in the United States
mail in registered form with postage fully prepaid and
addressed as follows:
If to the City
If to the Developer
City Administrator
City Hall
3830 Pilot Knob Road
Eagan, Minnesota 55122
Tri -Land Partnership
of Eagan
1875 Plaza
Eagan, MN
Drive, #200
55122
Either party, by notice given hereunder, may designate
different addresses to which subsequent notices, certificates
or other communications will be sent.
10.02 Binding Effect. This Agreement shall inure to
the benefit of and shall be binding upon the City and the
Developer and their respective permitted successors and
assigns.
10.03 Severability. In the event any provision of
this Agreement shall be held invalid or unenforceable by any
court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
c� i
10.04 Amendments, Changes and Modifications. This
Agreement may be amended or any of its terms modified only by
written amendment authorized and executed by the parties.
10.05 Further Assurances and Corrective Instruments.
The parties agree that they will, from time to time, execute,
acknowledge and deliver, or cause to be executed, acknowledged
and deliver, such supplements hereto and such further
instruments as may reasonably be required for correcting any
inadequate or incorrect description of the Property, the
Development Site or the Facilities, or for carrying out the
expressed intention of this Agreement.
10.06 Execution in Counterparts. This Agreement may
be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute
but one and the same instrument.
10.07 Applicable Law. This Agreement shall be
governed by and construed in accordance with the laws of the
State of Minnesota.
10.08 Captions. The captions or headings in this
Agreement are for convenience only and in no way define, limit
or describe the scope of intent of any provisions or Sections
of this Agreement.
IN WITNESS WHEREOF, the City has caused this Agreement
to be executed in its corporate name by its duly authorized
officers and sealed with its corporate seal and the Developer
has caused this Agreement to be executed in its corporate name
by its duly authorized officers, as of the date first above
written.
(SEAL)
CITY OF EAGAN
By
Its Mayor
And
Its City Administrator
TRI -LAND PARTNERSHIP
OF EAGAN
By
Its Partner
And
Its Partner
STATE OF MINNESOTA)
SS
COUNTY OF )
On this day of , 1990, before me, a
Notary Public within and for said County, appeared
and , to me personally known, who, being by me
duly sworn, did say that they are respectively the Mayor and
City Administrator of the CITY OF EAGAN, and the above
instrument was signed and sealed in behalf of said corporation
by authority of its City Council, and they acknowledged that
said instrument was the free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA)
SS
COUNTY OF )
On this day of , 1990, before me, a
Notary Public within and for said County, appeared
and , to me personally known, who, being by me
duly sworn, did say that they are partners of Tri -Land
Partnership of Eagan, and the above instrument was signed by
such partners on behalf of said general partnership and they
acknowledged that said instrument was the free act and deed of
said partnership.
Notary Public
This instrument was drafted by:
Faegre & Benson
2200 Norwest Center
Minneapolis, Minnesota 55402
3830f
i
3833f
[Legal Description of Development Site]
[Anticipated Tri -Land Development]
3834f
�S
Building
Expected
Completion
Square
Market
Date
Feet
V;1111 -
Ice Arena
33,000
$1,800,000
Retail Mall
95,000
7,300,000
with Grocery
Store
Bank/Medical
28,000
2,000,000
Building
Commercial
10,000
600,000
Outlot
3834f
�S
3958f
EXHIBIT C
[Legal Description of Property]
�L
EXHIBIT D
[Form of Tax Increment Note]
$2,250,000
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF EAGAN
TAX INCREMENT REVENUE NOTE
The City of Eagan, Dakota County, Minnesota, for value
received, promises to pay, but solely from the source, to the
extent and in the manner hereinafter provided, to Tri -Land
Partnership of Eagan (the "Owner") the outstanding and unpaid
balance of advances on account of maximum authorized principal
amount of Two Million Two Hundred Fifty Thousand Dollars
($2,250,000), together with interest thereon accrued from the
date hereof at a rate equal to the lesser of (i) Twelve percent
(12.00%) per annum or (ii) the interest rate payable by the
Developer with respect to the permanent financing obtained with
respect to the Ice Arena described in that certain Development
Agreement between the City and the Owner dated as of April
1990 (the "Development Agreement"), on each February 1 and
August 1 until such principal and accrued interest has been
paid in full, commencing February 1, 1992 (the "Scheduled
Payment Dates"); provided that such maximum principal amount
shall be reduced by the amount by which the construction costs
of the Ice Arena, as established by a sworn construction
statement to be provided by the Owner to the City at the
completion of construction of the Ice Arena, is less than
$1,890,000. On each Scheduled Payment Date, the City shall pay
to the Developer all Available Tax Increment (as hereinafter
defined) collected as of such date, which payments shall be
applied first to accrued interest and then to reduction of
outstanding principal. Any overdue payments of interest hereon
shall be added to the outstanding unpaid principal balance
hereof and bear interest at the rate of 12.00% per annum. Each
payment on this Note is payable in any coin or currency of the
United States of America which on the date of such payment is
legal tender for public and private debts and shall be made by
check or draft made payable to the Owner and mailed to the
Owner at the postal address within the United States designated
from time to time by the Owner.
The outstanding and unpaid balance of advances on
account of the authorized principal sum of this Note is equal
to the aggregate of advances made by the Owner for the account
l01
of the City to pay items of Public Development Cost pursuant to
the Development Agreement dated April _, 1990 between the City
and the Owner (the "Development Agreement"), as evidenced by
the notations on Annex A attached to this Note and hereby made
a part hereof, less repayments of principal made to the Owner.
The notation of the amount and date of an advance and receipt
by the City Clerk set forth on Annex A is conclusive evidence
of the amount and date of the payment by the Owner. This Note
shall be subject to prepayment on any installment payment date
at the option of the City, in whole or in part, upon payment to
the Owner of the principal amount of the Note to be prepaid
plus accrued interest, without premium or penalty.
THIS NOTE IS TRANSFERABLE ONLY UPON THE REGISTER OF
THE CITY ADMINISTRATOR, AS REGISTRAR, BY THE OWNER HEREOF OR BY
ITS DULY AUTHORIZED ATTORNEY.
This Note is a special and limited obligation and not
a general obligation of the City, which has been issued by the
City pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota, including Minnesota
Statutes, Section 469.178, subdivision 4, to aid in financing a
"project", as therein defined, of the City consisting generally
of defraying certain development costs incurred and to be
incurred by the Owner within and for the benefit of the City's
Development District No. 3.
THE NOTE IS NOT A DEBT OF THE CITY OR THE STATE OF
MINNESOTA, AND NEITHER THE CITY, THE STATE NOR ANY POLITICAL
SUBDIVISION THEREOF SHALL BE LIABLE ON THIS NOTE, NOR SHALL
THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN
AVAILABLE TAX INCREMENT, AS DEFINED BELOW.
The principal of and interest on this Note is payable
solely from and only to the extent that the City shall have
received as of each Scheduled Payment Date Available Tax
Increment, hereby defined as tax increment received as of a
Scheduled Payment Date with respect to the real property
described in Exhibit A of the Development Agreement, less
administrative costs deductible pursuant to Sections 4.02 and
4.03 of the Development Agreement. Such real property is
located within the City's tax increment financing district
created in connection with Development District No. 3 (the "TIF
District"). To the extent that the City is unable to make the
total principal and interest payments due hereunder as a result
of its having received insufficient Available Tax Increment
during the life of the TIF District, such failure shall not
constitute a default under this Note.
If the Development Agreement shall terminate pursuant
to the terms thereof, and in certain other circumstances
specified in the Development Agreement, the Available Tax
KM
Increment shall for each year thereafter be deemed to be zero,
and this Note shall thereupon be automatically cancelled,
without further obligation hereon of the City whatsoever.
This Note shall not be payable from or constitute a
charge upon any funds of the City, and the City shall not be
subject to any liability hereon or be deemed to have obligated
itself to pay hereon from any funds except the Available Tax
Increment, and then only to the extent and in the manner herein
specified.
The Owner shall never have or be deemed to have the
right to compel any exercise of any taxing power of the City or
of any other public body, and neither the City nor any council
member, officer, employee or agent of the City, nor any person
executing or registering this Note shall be personally liable
hereon by reason of the issuance or registration hereof or
otherwise.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions, and things required by the Constitution and laws of
the State of Minnesota to be done, to have happened, and to be
performed precedent to and in the issuance of this Note have
been done, have happened, and have been performed in regular
and due form, time, and manner as required by law; and that
this Note, together with all other indebtedness of the City
outstanding on the date hereof and on the date of its actual
issuance and delivery, does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the City of Eagan, by its City
Council, has caused this Note to be executed by the manual
signatures of the Mayor and City Administrator of the City and
sealed with the corporate seal of the City, all as of
the day of , 1990.
CITY OF EAGAN
Mayor
ATTEST: (SEAL)
City Administrator
3831f
(Form of Transfer)
For value received, the undersigned Owner does hereby
assign and transfer the foregoing Note to the named Assignee,
and the undersigned City Administrator of the City of Maple
Grove, as registrar, hereby certifies that the foregoing Note
has been transferred and registered on the bond register in the
name of such Assignee.
Date of
Name of Signature of Signature of City Transfer
Assignee OwneT Administrator on Register
3831f
City of Eagan
City Hall
3830 Pilot Knob Road
Eagan, MN 55122
Attn: City Administrator
Gentlemen:
In connection with the purchase of that certain City
of Eagan Tax Increment Revenue Note dated as of
1990
in the maximum principal amount of $2,250,000 (the "Note"), the
undersigned hereby represents, warrants and agrees as follows:
1. The undersigned understands that the Note has not
been registered under the Securities Act of 1933, as amended, or
the Minnesota Securities Act, in reliance on exemptions from
registration under both such acts, and that, accordingly, the
Note may not be resold by the undersigned unless they are
registered under both the Securities Act of 1933 and the
Minnesota Securities Act or is sold in transactions which are
exempt from registration under both such acts.
2. The undersigned is acquiring the Note for
investment for his own account and without any view to the
distribution thereof and he has no present intention of selling
or otherwise disposing of the Note or any portion thereof.
ql
3. The undersigned therefore agrees not to sell,
assign, transfer or otherwise dispose of the Note unless a
registration statement relating thereto has been duly filed and
become effective under both the Securities Act of 1933, and the
Minnesota Securities Act, or unless in the opinion of counsel
satisfactory to you no such registration is required under the
circumstances.
3860f
Very truly yours,
EXHIBIT F
[Concept Plan for Ice Arena]
13
YMCA of Greater Saint Paul
U
General Office
194 East S,xth Street, S!. Pa.:., f.1
April 10, 1990
Telephone (612) 292-4100
FrL S Lars Olson, Chairman of 1^e3e
I ' No John L Traver, Pres:de7;
Mr. Tom Hedges
Eagan City Administrator
City of Eagan
P. 0. Box 21-199
Eagan, MNN 55121
Dear Tom:
Thank you for meeting last Tuesday, April 3. It was very helpful to
brainstorm various scenarios that could lead to a joint YMCA and ice arena
project on the city property at Lexington and Diffley Road.
I have reported -;:r conversations to the staff and volunteers of the YMCA.
They have encouraged us to continue to explore the possibilities of a donated
site for a YMCA on 10-12 acres with high visibility on a main artery road wit:
easy access to the main residential areas of Eagan and its south and eastern
neighbors.
Also, the YMCA is well-equipped to administer activities and services in a
facility such as an ice arena. Several YMCAs in New England and Canada have
ice and hockey as part of their program activities and facilities. However,
the Eden Prairie Community Center is probably a better prototype for the type
of facility we could consider. There would be major energy savings and
administrative/supervision savings by having both an ice arena, swimming pool;
gymnasium, and other activities sharing the same facility complex and parking
areas. A major financial parameter is to have the ice arena built debt -free,
i.e.; no repayment made from operating revenues. YMCAs are most successful
when they have little or no capital debt.
If the YMCA can raise the approximately $3 million necessary to build a basic
YMCA building and the City of Eagan can provide the land and the ice arena, we
together will forge a partnership of community service.
The YMCA looks forward to working with you in finding new ways to serve the
Eagan community.
Cordially,
/ ;
Jihn L. Traver
President
JLT:kp
The YMCA is a Christian -values based organization that uilds se mutual respect and a stronger community for all
through quality programs of youth developme enrichment, health enhancement, and international understandir
LAW OFFICES
UVander, Gillen, Miller, Anderson & Kuntz
402 DROVERS BANK BLDG. • 633 LOUTH CONCORD ST. • P.O. box 2G8
SOUTH ST. PAUL. MN 55075.029B • (612) 451.1831 0 FAX 16121 430.7384
March 5, 1990
Honorable Thomas Egan and
Members of the City Council
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Kings Wood 3rd Addition
Dear Mayor Egan and City Council Members:
DG6(BOW GI I.
W 71990
Please consider this a formal request for an extension of the
preliminary plat approval for the Kings Wood 3rd Addition.
The final plat of Kings Wood 3rd Addition will follow the
completion of the development of Kings Wood 2nd and 4th, and
thus an extension of time is required.
If there are any further questions regarding this matter or if
you wish that we appear and further elaborate on the matter,
please let me know.
Verbr-truly yours,
Rollin H. Crawfo
RHC:bjh
cc: Horne Development Corp.
'1 �
Agenda Information Memo
April 17, 1990 City Council Meeting
WAIVE ST SERVICE OF HASTINGS
C. Waiver, First Service of Hastings, Duplex Lot Split for Lot 2, Block 2, Oakwood
Heights 2nd Addition --An application has been received of the First Service of Hastings
for the above described waiver of plat to permit individual ownership of the respective
duplex units. Enclosed on pages -C through ��, you will find the Community
Development Department report in this regard.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat
for First Service of Hastings to permit a duplex lot split for Lot 2, Block 2 of Oakwood
Heights 2nd Addition.
im
SUBJECT: WAIVER OF PLAT
APPLICANT: FIRST SERVICE OF HASTINGS
LOCATION: LOT 2, BLOCK 2, OAKWOOD HEIGHTS 2ND ADD.
EXISTING ZONING: PLANNED DEVELOPMENT, R-2
DATE OF PUBLIC HEARING: APRIL 17, 1990
DATE OF REPORT: APRIL 6, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted by First
Service of Hastings requesting a Waiver of Plat for Lot 2, Block
2, Oakwood Heights 2nd Addition. The purpose of this Waiver is to
allow individual ownership. The duplex has separate utilities and
meets all setback requirements.
If approved, this Waiver of Plat shall be subject to all applicable
Code requirements.
fvW�
.7-W Hll L
PAPY,
1990 Street Map
ql�
1987 Zoning Map
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Agenda Information Memo
April 17, 1990 City Council Meeting
WAIVERfffELEN A. CLAPP
D. Waiver, Helen A. Clapp, Duplex Lot Split, Located at Lot 13, Block 1, Oakwood
Heights 2nd Addition --An application has been received of Helen A. Clapp for the above
described waiver of plat. A copy of the Community Development Department report in
this regard is enclosed on pages through� for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat
for Helen A. Clapp for a duplex lot split for Lot 13, Block 1 of Oakwood Heights 2nd
Addition.
SUBJECT: WAIVER OF PLAT
APPLICANT: HELEN A. CLAPP
LOCATION: LOT 13, BLOCK 1, OAKWOOD HEIGHTS 2ND ADD.
EXISTING ZONING: PLANNED DEVELOPMENT, R-2
DATE OF PUBLIC HEARING: APRIL 17, 3.990
DATE OF REPORT: APRIL 6, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted by Helen
A. Clapp requesting a Waiver of Plat for Lot 13, Block 1, Oakwood
Heights 2nd Addition. The purpose for the Waiver is to allow
individual ownership. The duplex has separate utilities and meets
all setback requirements.
If approved, this Waiver of Plat shall be subject to all applicable
Code requirements.
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PART.
1990 Street Map
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1987 Zoning Map
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NGINeeniNG
COMPA14yr INC.
1000 EAST 1461h STREET,
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PARCEL A
That part of Lot 13, Block 1, Oakwood Heights 2nd Addition, Dakota County,
Minnesota according to the recorded plat thereof lying westerly of a lila•
described as follows:
Ccimmencing at the most easterly corner of said Lot 1.3; thence North
56 degrees 48 minutes 41 seconds West along tl,e norti, line of said
Lot 13 a dista„co of 41.38 feet; thence North 88 degrees 27 minutes
34 seconds West a distance of 33.57 feet to the point of beginning
of the lime to be described; thence South 23 degrees 44 minutes 36
seconds West a distance of 121.18 feet to the south line of said
Lot 13 distant 41.14 feet northwesterly of the most southerly corner
Of said Int 11 aped thele terminating.
PARCEL n
That part of Lot 13, BIock 1, Oakwood heights 2nd Addition, Dakota County,
Minnesota accordi,rq to the recorded plat thereof lying easterly of a line
described as foi lcnas:
NOR 7W
S CAL E: /"= 3 0'
Comnencing at the most easterly corner of said Lot 13; thence North
56 degrees 48 minutes 41 seccnds West along the nortli line of said
lot 13 a distance of 41.38 feet; thence Nnr+h 88 degrees 27
34 seconds West a distance of 33.57 feet to the point of beginning
of the line to be described; thence South 23 degrees 44 minutes 36
seconds West a distance of 121.18 feet to the south line of said
Lot 13 distant 41.14 feet northwesterly of the most southerly corner
Of said Int 13 and there tnrrr,inatihq.
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Agenda Information Memo
April 17, 1990 City Council Meeting
VARIANCF�JOSEPH CONNOLLY ADDITION
E. Variance, Joseph Connolly Addition, Setback Variances from Pilot Knob and Cliff
Roads for Buried Clear Well --An application has been made by the City of Eagan
requesting variances of 26 feet and 14 feet to the 50 foot setback from a county road.
For the underground clear well reservoir which will be located adjacent to the new water
treatment plant building at the comer of Cliff Road and Pilot Knob Road. The above
ground building will maintain the setbacks of 90 feet and 140 feet from Cliff Road and
Pilot Knob Road respectively as required. For additional information on this item, please
r
to a report prepared by the Community Development Department enclosed on pages
through �.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny setback variances
for the Joseph Connolly Addition.
a,
CITY OF EAGAN
SUBJECT: VARIANCE
APPLICANT: CITY OF EAGAN
LOCATION: NE CORNER OF PILOT KNOB AND CLIFF ROADS
EXISTING ZONING: PF (PUBLIC FACILITIES)
DATE OF PUBLIC HEARING: APRIL 17, 1990
DATE OF REPORT: APRIL 51 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting
Variances of 26' and 14' to the 50' setback from a county road.
COMMENTS: The Variance for this site is requested for the
underground clear well reservoir that will encroach into the 50'
building setback. The actual above -ground filter building will
maintain setbacks of 90' and 140' from Cliff Road and Pilot Knob
Road respectively. Maintaining the 50' setback for the reservoir
would result in a loss of some significant natural vegetation
because the filter building would have to be shifted to the east.
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Agenda Information Memo
April 17, 1990, City Council Meeting
CONSIDERATION OF OUTSIDE WATER USE CONSERVATIONI
SPRINKLING RESTRICTIONS FOR 1990
F. Consideration of Outside Water Use Conservation/Sprinkling Restrictions For 1990-
-In 1984, '87, '88 and '89, the City of Eagan implemented various degrees of outside water
use restrictions/sprinkling bans in response to planned construction activities during peak
water use periods as well as unexpected demands and/or unanticipated system
malfunctions. With the exception of 1989, the previous years' water use restrictions were
implemented on an "emergency" basis in response to critical water supply problems.
In 1989, major segments of the City's primary distribution main was taken out of service
for the reconstruction of Pilot Knob/Cliff and Diffley Roads. Subsequently, in anticipation
of the potential problem of providing sufficient volumes of water during anticipated peak
usage periods, the City Council authorized the implementation of a "seasonal" outside
water use restriction from June 1 to September 1. In evaluating the effects of this
preplanned scheduled water use restriction that was well advertised and publicized to the
community, the City was able to maintain adequate water supply and reserves for the
entire community during this period of construction during another summer of extended
drought. While accommodating approximately 1,000 additional users, the City conserved
250,000,000 gallons of water by pumping that much less as compared to the previous 1988
total volumes.
With this limited information, an assumption could be made that with the pre -advanced
notification of the season -long odd/even water use restriction/conservation program, there
was a significant amount of groundwater conserved during a documented drought season.
Enclosed on page Rbis a letter from a citizen requesting that the City Council consider
the implementation of this seasonal water use restriction as an ongoing annual program.
The City has implemented this program or variations thereof for the past three seasons.
During the past two and one-half years, the City has developed six new wells with a
combined pumping capacity of approximately 10,000,000 gallons per day in addition to
constructing a 4 million gallon water reservoir.
While major reconstruction of Lexington Avenue will again remove one of our large
distribution mains during May/June, it is anticipated that we will be able to meet our
community's water supply demands barring any unforeseen significant occurrences.
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Agenda Information Memo
April 17, 1990, City Council Meeting
New Business (Continued)
Therefore, staff is requesting direction from the City Council regarding the implementation
of a seasonal outside water use restriction/conservation measure from June 1 through
September 1 from a conservation perspective.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the implementation
of an outside water use restriction/conservation program from June 1 to September 1,
1990.
WIN
WILLIAM J.F. DUGGAN, III
1767 Gabbro Trail
Eagan, Minnesota 55122-2918
612-452-5775
February 28, 1990
City of Eagan
Mayor & Council Members
3830 Pilot Knob Road
Eagan, Minnesota 55121
Dear Mr. Mayor & Council members:
I am writing you as an Eagan resident and as a member
of the Economic Development Advisory Commission regarding
the subject of the watering ban scheduled to be addressed
at the April 17th meeting.
I strongly recommend that the council make the watering
ban permanent.
I believe that this action would:
1. Eliminate one annual issue to be dealt with by the
council.
2. Send a very important message to all Eagan residents
regarding the importance of water conservation -
regardless of whether we are in the midst of a drought
or construction.
3. Eliminate the guessing by residents each year.
I know that the Public Works Director, Tom Colbert, and
a number of other residents would support this idea.
After two years, our residents are certainly used to
the system. In any event, no one needs to water their lawn
every day other than new sod, and that is excepted in the
regulation anyway. Besides, most of my neighbors are talking
about replacing their lawns with astroturf anyway!
Thank you for your consdieration of this proposal.
Sincerely,
William J.F. Du ,�IIJ
K%
Agenda Information Memo
April 17, 1990 City Council Meeting
TRANSPORTATION CORRIDOR SRMYIYANKEE DOODLE ROAD
G. Authorization, to Conduct Transportation Corridor Study for Yankee Doodle Road --
The Metropolitan Council is recommending that the City conduct a comprehensive
transportation corridor study of Yankee Doodle Road between Lexington Avenue and
Pilot Knob Road. This study is recommended because of the O'Neil planned development
and other developments which will utilize Yankee Doodle Road such as West Publishing
and Eagan Corporate Center. The Metropolitan Council is further recommending that
this comprehensive transportation corridor study include an analysis of the impacts of
development in the area on I -35E interchanges and appropriate mitigation measures. The
Community Development Department is requesting authorization from the Council to
prepare such a comprehensive transportation corridor study at this time. For additional
information on this item, please refer to a report prepared by Planner I Marnin, which
is enclosed on pages R Y through� for the Council's information.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the authorization
to conduct a comprehensive transportation corridor study at Yankee Doodle Road
between Lexington Avenue and Pilot Knob Road, including an analysis of the impact of
development in the area on I -35E interchanges and appropriate mitigation measures.
R1
Y_ Y a i.11all) Y
TO: Tom Hedges, City Administrator
FROM: Kristy Marnin, Planner I
DATE: April 10, 1990
SUBJECT: City Council Agenda Item - April 17, 1990 Meeting
Authorization to Conduct Transportation Corridor Study
The City Council is requested to authorize the preparation of a
transportation corridor study for Yankee Doodle Road, based on the
traffic analysis prepared for the O'Neil Planned Development and
on the Metropolitan Council's recommendation related to the O'Neil
project. Although final execution of the O'Neil Planned
Development is pending, the benefits and importance of a Yankee
Doodle Road corridor study, noted below, extend beyond the O'Neil
proposal. As such, City Council action on the preparation of a
corridor study is requested at this time.
The traffic analysis prepared by SEH, Inc. for the O'Neil Planned
Development showed traffic congestion problems in the area
resulting from development of the O'Neil property and other
properties adjacent to Yankee Doodle Road. The Metropolitan
Council's review of the O'Neil Comprehensive Guide Plan amendment
indicated that the O'Neil project and other development in the
vicinity will impact adjacent local road capacity. The potential
exists for local traffic congestion to impact I -35E interchanges,
which are under Metropolitan Council jurisdiction.
Considering the O'Neil Planned Development and other development
which will utilize Yankee Doodle Road (eg., West Publishing/Eagan
Corporate Center), the Metropolitan Council recommended that a
comprehensive transportation corridor study of Yankee Doodle Road
between Lexington Avenue and Pilot Knob Road be conducted. The
Metropolitan Council further recommended that this study include
an analysis of the impacts of development in the area on I -35E
interchanges and appropriate mitigation measures.
The importance of a Yankee Doodle Road corridor study is twofold.
■ First, the City needs to analyze, on a comprehensive
basis, the potential transportation impacts of existing
and future development along Yankee Doodle Road to ensure
that such projects, including the O'Neil Planned
Development, can be adequately served by the local and
metropolitan transportation system.
■ Second, the review of the O'Neil Comprehensive Guide Plan
amendment submission has made it apparent that the
Metropolitan Council and other regulatory agencies are
Tom Hedges
April 10, 1990
Page Two
making resolution of transportation issues a top
priority. A corridor study for Yankee Doodle Road which
analyzes the impacts of development in a comprehensive
manner and provides appropriate mitigation measures will
serve to alleviate the transportation concerns of
regulatory agencies in the future.
Attached is a memo from Bob Byers, SEH, which further explains the
importance of the corridor study.
The basis for such a transportation corridor study is provided in
the Eagan Comprehensive Transportation Plan prepared by SEH, Inc.
The corridor study would involve, in part, a refinement of that
portion of this transportation plan related to Yankee Doodle Road.
This refinement will not only achieve an immediate goal of
providing a transportation analysis for the Yankee Doodle Road
corridor, but may also prove helpful in answering transportation
concerns for other areas of Eagan.
If you have any questions regarding this matter, please advise.
Attachments
cc: Dale Runkle
Jim Sturm
MEMORANDUM
rts�sss • �setz s sass w'1�ws csrvr� oan+e; sr. +amu,, � ase ro 6t= �a000
DATE: TanUary 29, 1999
TO: Dale Runkle, Director of Community Development
City of Eagan
FROM: Bob Byars, Transportation ingineer
BUWECT: Yankee Doodle Road Corridor study
The purpose of this mama is to examine the potential need for a
detailed corridor traffic study of Yankee Doodle Road. The
corridor study is beingencouraged by the Metropolitan Council as a
means of .addressing the rapid growth in the corridor vicinity.
The memo briefly reviews some background to the traffic issues and
then it describes the benefits to the City which could be derived
from such a study. Also, the relationship of these types of
refinammots to the Fagan Comprehensive Transportation plan are
discusse4. Finally, the tasks nooessary to complete this effort
are desotibed.
Before any study effort proceeds, it will be necessary for City
staff members to define the details of the study scope and what
products Will be developed for City use and for other review agency
use, such as the Ret Council, Kinnetsota Dept. of Transportation
(Mn/DoT) and the Minnesota Pollution Control Agency (XPCA) .
Yankee Doodle Road has baen previously identified as ■ corridor
which has the potential to experi+anae considerable future traffic
congestion. Consultants working for the City and Town Centre
70/100 in 1996-87 found that a number of intarsactions from Pilot
Knob Road to Danmark Avenue could be over capacity by the early
1990's. These findings were confirmed during our work on the lagan
Comprehensive Transportation Plan in 1991.
From an environmental standpoint, the Pilot Xnob / Yankeo Doodle
Road intersection has been identified as a potential ssetropolitan
air quality *hot spot". Although technically the problem appears
sore imagined than ural, the NWA is monitoring the dwolapment
activity in this area closely. environmental reviews and permits
are beirog subjected to very close scrutiny by all the state review
agencies.
1
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6
The intersection at pilot Knob / Yankee Doodle Road is approaching
capacity now and it is anticipated to be the focus of the corridor
congestion problems in the future. The congestion is a combination
of three !actors:
- The 1-35E access design to pilot knob Road and Yankee Doodle
Road is somewhat unusual. Northbound 1-353 traffic destined
to Eastbound Yankee Doodle Road and Westbound Yankee Doodle
Road destined to Southbound i -33E must go through the Pilot
Knob / Yankee Doodle Road intersection.
- Access to I -35E is at vide spacings; one mile to Lone oak
Road and two miles to Diffl•y Road. Traffic is very limited
to using these few access points.
- Yankee Doodle Road serves many intensive land uses which
tend to generate a significant nunber of trips. Multiple
residential, commercial, and industrial uses are included.
Average daily traffic volumes have boon growing quickly over the
last few Years on Yankee Doodle Road. In some locations the growth
has been on the order of 15-20 percent per year where the average
in the state is about 3 percent per year.
Some 'ambers of the Metropolitan Council have bean catching the
rapid growth with some concern. The Met Council is primarily
responsible for maintaining adequate operations of the metropolitan
roadway arstem which is made up of interstate highways, state trunk
highways and other selected major arterial roads. Their concern in
this area canters around the interchanges at Yankee Doodle Road and
at Lone Oak Road.
During the recent comprehensive pian amendment for the O'Neil
property, the City offered to address these concerns temporarily by
capping the allowable average daily trips of the development to a
level which could have occurred under the existing comprehensive
plan (D -III). The Not Council approved this approach because the
City was able to demonstrate (using the Comprehensive Transporta-
tion Plan) that any congestion problems mould not affect the metro
roadway system.
Not Council staff members agreed that should the land use■ develop
according to the City's aomprehansive land use plan, considerable
potential exists for congestion regardless of bow the O'Neil
property develops. For this reason, the Metropolitan Council added
a condition to the approval of the O'Neil FUD amendment that the
City pursue a detailed corridor study of Yankee poodle Road. This
desire was later reaffirmed when the Not Council review d the UW
for the planned expansion of Wont Publishing Company which would
also contribute an increased number of vehicles on Yankee Doodle
Road.
2
The Lagan Comprehensive Transportation Plan established a framework
for evaluating developments as they occurred. kn on-going
comparison can now be made to the land uses originally anticipated
by the Comprehensive Land Use Plan. A number of proposed
developments have been analyzed using this process over the last
two years and the Transportation Plan has boon refined to include
those developments which actually came to fruition.
A corridor study is a similar refinement to the Transportation
Plan, although it is on a somewhat larger scale. Also,, the
evaluation details generally are more detailed than the original
Comprehensive Transportation Plan but less detailed than a site
study which would includes many specific items on a particular
developsant.
The corridor study could be undertaken to study the following
items:
- To re-examine the plan assumptions in light of recent
travel trends and patterns.
- To verify whether the land us* types and intensities
have occurred as originally anticipated. Variations
are studied to see if their magnitude is significant.
- To identify the individual contributions of land use
parcels to the corridor traffic volumes.
Originally, the 'Lund Use Plan was estimated on a most "probable"
development intensity basis. It is possible that land uses could
turn out to be either more or less intensive than this "probable"
assumption. The corridor study would examine the past land use
assumptions and their anticipated phasing of construction to see if
the past studies were conservative or liberal in light of today's
evaluation of future development potentials.
If the evaluation of the assumptions still
City may have to examine alternatives
improvements to accommodate the forecasted
have to be explored for possible actions
City could implement to ensure that land
intensity than those assumed.
appears reasonable, the
of aggressive roadway
traffic. Strategies may
and policies which the
rses develop to a lesser
Any type of refinement to the Comprehensive Transportation Plan,
provides many related benefits to other areas of the City, even
those which are not directly impacted. For example, a re-
evaluation of future development assumptions on Yankee Doodle Road
may also assist in a better understanding of the impacts on
alternative routes such as those through the Dodd Toad / I-494
area. Later detailed analysis on Dodd Road (such as for Northwest
Airlines) will benefit the City since the more accurate information
will ensure a more realistic design.
9
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WO estivate that the following tasks would be necessary to oomplete
■ corridor study:
1. Define Corridor Limits
2. Document Traffic Count $istorieal Trends (1983 - 89)
3. Update Corridor Land Use Parcels to 1990 conditions
4. Calibrate Transportation Model to replicate 1990 volumes
S. Review & Modify Future Parcel Development Projections
G. Review E Modify Future Roadway Imprcvament Schedules
7. Forecast Future Traffic for 1995, 2000 and 2010
S. Evaluate Future Roadway Operations / Develop Mitigation
9. Discuss Possible Implementation Strategies & Optional Policies
some city staff time would be required to re-examine the past
development assumptions and later to assist with the examination of
strategist which the City could use to manage on-going land use
Changes. The need for consultant effort could be reduced if Dakota
County completes an update of their transportation pian to 1990
conditions. Currently, it appears that this effort may be complete
in four to six months Nance.
4
1�1
Agenda Information Memo
April 17, 1990 City Council Meeting
PRELIMINARY PLATIUNI SYS PARK 2ND ADDITION
H. Preliminary Plat/Unisys Park 2nd Addition/Unisys Corporation, for Two Lots on 130.7
Research and Development Zoned Acres Located Along Pilot Knob Road --A public hearing
was held by the Advisory Planning Commission at their last regular meeting on March 27,
1990 to consider an application from Unisys Corporation for a preliminary plat for Unisys
Park 2nd Addition. The APC is unanimously recommending approval of the preliminary
plat.
For additional information on this item, please refer to a staff report prepared by the
Community Development Department which is enclosed on pages GIC1--s1 through
For the Council's information, enclosed on pages through _ILL is a copy of the
APC minutes regarding this item. Also for the Council's information, enclosed on page
k is a memo from the Director of Parks and Recreation regarding Advisory Park and
Recreation Commission action on this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat
entitled Unisys Park 2nd Addition.
1�2
SUBJECT: PRELIMINARY PLAT - UNISYS PARK 2ND
ADDITION
APPLICANT: UNISYS CORPORATION
LOCATION: LOT 41 BLOCK It UNISYS PARK ADDITION
EXISTING ZONING: RD (RESEARCH & DEVELOPMENT)
DATE OF PUBLIC HEARING: MARCH 27, 1900
DATE OF REPORT: MARCH 15, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted by Unisys
Corporation requesting a Preliminary plat for two lots on 130.7
Research & Development zoned acres located along Pilot Knob Road.
The entire Unisys Campus consists of approximately 205 acres and
was originally platted in 1983 as the Sperry Park Addition
containing two lots, one allowing multiple buildings on a single
lot and another for the City's water tower.
In 1988, the site was replatted creating four lots --one for each
of the three buildings and one for the water tower. This was done
to provide the potential for individual ownership of each lot if
they were ever sold.
This proposal will split the existing Lot 4 into two lots. Lot 1
(49.9 acres) will contain the existing CSD facility and Lot 2 (80.8
acres) which currently contains the ballfields will be platted as
a buildable lot. As proposed, all Research & Development zoning
requirements have been satisfied.
As with the 1988 replat, there will be no construction as a direct
result of this platting process.
Gi9
EASEMENTS/RiOHTS-OF-'WAYIA(;REEMENTB: With the platting of the
Unisys Park 1st Addition, the plat identifies two City well
locations with specific easements dedicated for each. One existing
well location is located in the northwesterly corner of proposed
Lot 2, and the other identified well location is in the west
central portion of proposed Lot 2, just easterly of the NSP
Company's pipeline easement. The City's Comprehensive Water Supply
& Distribution Plan, dated 1988, identifies the need for
additional well locations on the proposed Unisys Park property.
Attached is a site plan which shows the approximate locations of
six proposed wells identified as I, J, K, L, M and N. The City
currently has a Well Field Development Agreement dated February 7,
1989, between Unisys Corporation, Harris Trust & Savings Bank,
Unisys Mester Trust, and the City of Eagan. The current agreement
identifies the need for the proposed wells with the alphabetic
designations I, K, L, M and N. Well J is not included in the
current 8greement. The development will be required to enter into
an agreement with the City of Eagan which would grant easements in
the future to the City for construction and maintenance of the
proposed well locations as identified in the City's Comprehensive
Water Supply & Distribution Plan.
The City's Comprehensive Storm Drainage Plan identifies a need for
storm water ponding on the proposed Unisys Park 2nd Addition. As
a condition of the development of the Unisys Park 1st Addition, the
City of Eagan, Unisys Corporation, Harris Trust & Savings Bank,
and Unisys Master Trust entered into a Storm Sewer Ponding
Agreement dated February 7, 1989. _The agreement stated that the
City and Unisys enter into an agreement to dedicate ponding areas
to accommodate existing and future surface runoff needs to the
drainage basins identified as Pond CP -3 and CP -4 in the City's
Comprehensive Storm Drainage Master Plan. The development will be
required to verify the validity of the existing agreement.
The plat of Unisys Park 1st Addition dedicated the right-of-way
required by the County's guidelines and, therefore, no additional
right-of-way is required for the platting of the 2nd Addition. The
restricted access must be rededicated on the 2nd Addition plat
except for the two openings on Pilot Knob Road and the one opening
along Yankee Doodle Road opposite Federal Drive, as allowed for on
said Unisys Park 1st Addition. The opening allowed on the previous
plat at the southwest corner of proposed Lot 2 and Yankee Doodle
Road will not be allowed on this plat as it does not meet the
County's current spacing guidelines.
�In
UNISYS PARX 2ND CONDITIO148
1. These standard conditions of plat approval as adopted by
Council Faction on September 15, 1987 shall be complied with:
Al, $l, B2, B3, B4, and G1.
2. The development will be required to provide the City of Eagan
either by appropriate easements on the plat or by executing
the appropriate agreement, which will assure the City that
futdtb well site heeds on the Unisys property will be provided
for ih accordance with the City's Comprehensive Water Supply
& Distribution Plan.
3. The development will be required to provide either by
appropriate easement on the plat or by executing the
appropriate agreement, which provides for storm sewer
requirements as identified in the City's Comprehensive Storm
Dr&in&ge Plan.
FINANCIAL OBLIGATION - UNISYS PARC 2ND!
Based upon the study of the financial obligations collected in the
past and the use* proposed for the property, the following charges
are propb*ed. The charges are oomputed using the City's existing
fee schedule and connections proposed to be made to the City's
utility system based on the subtitted plans.
Improvement Project Use trete
Storm Sevier
Trunk Future C/I $.083/SF
TOTAL
Quantity Amount
51693,292 SF $472,543
$472,543
In acc6td&hce Stith past agreements the charge will not be levied
until such time &s trunk storm sewer improvements are installed.
ion
A.
B.
C.
STANDARD CONDITIONS OF PLAT APPROVAL
kssessments
1. This development shall accept its additional assessment
obligations as defined in the staff's report in
accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
Ngposentes and. Rights -of -flay_
1. This development shall dedicate 10' drainage and utility
basements centered over all common lot lines and adjacent
to private property or public right-of-way.
2. This development shall dedicate, provide, or financially
guarantee the acquisition costs of additional drainage,
ponding, and utility easements as required by the
alignment, depth, and storage capacity of all required
public utilities and streets located beyond the
boundaries of this plat or outside of dedicated public
right-of-way as necessary to service this development.
3. This development shall dedicate all public right-of-way
and temporary slope easements for ultimate development
of adjacent roadways as required by the appropriate
jurisdictional agency.
4. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water
elevation necessitated by City storm water storage volume
requirements.
Plans and -Specifications
1. All public streets and utilities necessary to provide
service to this development shall be designed by a
registered professional engineer in accordance with City
codes and engineering standards and policies, and
approved by staff prior to final plat approval.
2. A detailed grading, drainage, erosion, and sediment
control plan must be prepared in accordance with current
City standards and approved by staff prior to final plat
approval.
3. This development shall insure that all temporary dead end
public streets shall have a cul-de-sac constructed in
accordance with City engineering standards.
�o�
STANDARD CONDITIONS OF PLAT APPROVAL
PAGE TWO
4. A detailed landscape plan shall be submitted on the
proposed grading plan and approved by staff prior to the
final plat approval. The financial guarantee shall be
included in the Development Contract and not release
until one year after the date of installation.
5. All internal public and private streets shall be
constructed within the required right-of-way in
accordance with City design standards.
D. Public Improvements
1. If any public improvements are to be installed under a
City contract, the appropriate project must be approved
by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame
required by the affected agency.
F. Parks Dedication
1. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and
Recreation Commission and approved by Council action.
G. other
1. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by
Council action.
Advisory Planning Commission city council
,Approved: August 25, 1987 September 15, 1987
Revised:
PLATAPPR.CON
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PUBLIC
WORKS
DEPART
COMPREk1ENSlVE W�►TCfl standar; y
&UPPLY AND
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city of eagAn
reak PUBLIC
WORKS
DEPARTIM
NORTH WELL
FIELD LAYOUT
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approved: standard
Plate #:
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city of eagan
PUBLIC
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DEPARTME
eYOR"i�"wi►T�ve
DRAINAQE PLAN
approved: Standard
Plate #:
U
Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES
March 27, 1990
5. Trash enclosure shall be inside the building.
6. Any rooftop equipment shall not be visible.
7. Car wash shall be equipped with a blower and exterior catch
basin.
8. The entire pylon and sign shall meet the ten foot setback from
all property lines.
9. Pylon sign shall meet ordinance requirements and be subject to
the one-time sign fee of $2.50 per square foot.
10. The building shall be constructed on all sides with brick
similar in color to the existing strip center.
11. All canopy and building facia will be uniform in design.
12. Lots 4 and 5 shall be combined with the Dakota County
Recorder's Office into one tax parcel prior to the issuance of the
building permit.
13. Green space and landscaping on the project shall be irrigated
per staff requirements.
14. Car wash details, building elevations and traffic flow shall
be addressed to staff satisfaction prior to submission to the Council
of the application.
All voted in favor.
UNISYS PARK SECOND ADDITION - UNISYS CORPORATION
Chairman Graves opened the public hearing regarding a preliminary
plat for two lots on 130.7 acres of RD (Research and Development)
zoned property located at the northwest corner of the intersection of
X09
■
Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES
March 27, 1990
Pilot Knob and Yankee Doodle Roads in the southeast quarter of
Section 9.
City Planner Jim Sturm provided an application summary and
reviewed the staff report. He further stated that a condition should
be added to grant ingress and egress easements between the new lots
and blocks.
Dick Peterson (attorney for Unisys) stated that the applicant
agreed to all conditions.
Lois Gangl stated that there were erosion problems on her
father's adjoining lot. She also stated that Unisys had dumped rock
and cement onto the property. She presented pictures of the site to
the Commission.
Richard LeMay asked if any more roads would be allowed onto Pilot
Knob. Assistant City Engineer Mike Foertsch stated that no further
access points would be allowed.
Commissionmember Miller requested that staff look into who had
dumped the rubble onto the Gangl property. Assistant City Engineer
Mike Foertsch stated that staff would look into that and the drainage
concerns expressed by Ms. Gangl.
Voracek moved, Merkley seconded, the motion to approve a
preliminary plat for two lots on 130.7 acres of RD (Research and
Development) zoned property located at the northwest corner of the
intersection of Pilot Knob Road and Yankee Doodle Road in the
southeast quarter of Section 9 subject to the following conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al, B1,
B2, B3, B4, and G1.
2. The development will be required to provide assurance to the
City of Eagan, either by appropriate easements on the plat or by
executing the appropriate agreement, that future well site needs on
the Unisys property will be provided for in accordance with the
City's Comprehensive Water Supply and Distribution Plan.
��o
Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES
March 27, 1990
3. The development will be required to provide assurance, either
by the appropriate easement on the plat or by executing the
appropriate agreement, of provisions for storm sewer requirements as
identified in the Cityfs Comprehensive Storm Drainage Plan.
4. The development shall provide appropriate easements for
vehicle access between the lots in the Unisys campus.
All voted in favor.
COMPREHENSIVE THOROUGHFARE PLAN AMENDMENT - CITY OF RAGAN
Chairman Graves opened the public hearing regar g a
comp; hensive thoroughfare plan amendment to update agan's
thorou fare plan to evaluate the functional classific ion and
designat n of all thoroughfares in the City of Eagan.
City Pl ner Jim Sturm provided an application su.9dary. Community
Development Di ector Dale Runkle further reviewed a plan with the
Advisory Plannin ommission.
Merkley moved, rygg seconded, the motion to approve a
comprehensive thorough re plan amendm t to update Eagan's
thoroughfare plan to ev uate the fun ional classification and
designation of all thorou fares in t City of Eagan. All voted in
favor.
ADDITIONAL COMbEUION DISCUSSION
Commissionmember Voracek oted that -,there was junk in the rear of
Valley Lounge and the Hol' ay station ha utilized outdoor displays.
City Planner Jim Sturm st ed that those iss s were being addressed.
Commissionmembeerkley stated that the City should consider
removing the Splash nd PD and other expired Plannbq Developments.
Commissionme er Hoeft stated that the applicatio rocess should
be tightened p to clarify conditional use permit view by the
Planning C ission. City Planner Sturm explained th process.
Commissio mber Hoeft stated that unless the developera equately
presente information to staff, they should not be on the agen
esmrnunity Development Director Runkle updated the Planing
ssion on the R4 study.
ill
MEMORANDUM
f
TO: ;✓t'OM KEDGES, CITY ADMINISTRATOR
ROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATAION
DATE: APRIL 12, 1990
RE: UNISYS PARK - 2ND ADDITION
The Advisory Parks and Recreation Commission reviewed the above referenced proposal
at its April 5, 1990 meeting and made the following recommendations:
1. That Lot 2, Block 1 of Unisys Park, 2nd Addition, be subject to a cash parks
dedication.
2. That Lot 2, Block 1 of Unisys Park, 2nd Addition, be subject to a cash
trailway dedication.
KV:cm
cc: Ed Kirscht, Engineering Technician
Marilyn Wucherpfennig, Planning Aide
Marlene Zaleznicik, Planner I
i (2
Agenda Information Memo
April 17, 1990, City Council Meeting
DISCUSSION OF DRAINAGE PROBLEM
(COUNTRY HOME HEIGHTS)
I. Discussion of Drainage Problem (Country Home Heights) --On April 3, several
property owners presented their written concerns regarding the continual drainage and
erosion problems in Country Home Heights due to lack of storm sewer, curb and gutter
facilities. These letters and minutes of previous Council discussion are included on pages
through I I I .
This information was presented to the City Council on April 3. However, due to the
length of the Council meeting, the Council continued this item until April 17 for formal
consideration.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the concerns of the
property owners in Country Home Heights regarding drainage problems and to provide
appropriate direction to City staff.
l�3
•
3
March 28, 1990
Yr. Tom Colbert
City. Engineer
City of Eagan
Eagan, Road
FIN 55124
Dear Mr. Colbert:
.a.
We are writing to state our concerns concerning the flooding
of Country Home Park and Egan Avenue. We think the city should '•
do something to correct the problem so that, at a minimum, the
street is safe and passible at all times.
We have three children and are aware of the danger presented
by the flooding to the many children who live in the neighborhood
and are attracted to play near and in the water when the flooding
occurs.
We are in favor of making improvements to our area. Whether the
city decides to improve all of the streets in the neighborhood,
we believe all would agree that the flooding of Egan Avenue and
related problems is not an example of the way a city should be
run.
We hope the council takes the initiative on April 3, 1990, to
move toward a solution of these problems.
'very truly yours,
N c y d Le s Jones
285 as Lane
Eagan, 55121
•���4:/Vk[I 29
�o
JOSEPH J. CHRISTENSEN
ATTORNEY AT LAW ,ate
5101 V1SRNON AVENUE TMUTI1. NUTTE 400 • EDINA. 1►TTNNM)TA IM430
Ll
March 27, 1990
Mr. Tom Colbert
City Engineer
City of Eagan
3030 Pilot Knob Road
Eagan, MN 55124
RE: Country Home Park Flooding
Dear Tom:
As you know from our telephone conversations over the
past ten or eleven years, I continue to be concerned
about flooding problems which persist in the area of
Country Home Park and Egan Avenue in front of my home.
Each year the flooding goes well over the road and
floods a significant portion of- my lot damaging or 40
destroying a large lawn area adjacent to the street. In
order to remedy this problem I have, at my expense, over
the years, added fill to my yard to attempt to raise the
yard level relative to the road and have attempted to
re-establish a lawn in this area each year.
The city maintains small culverts under the Duren's and
Burt's driveways (the two lots south of mine) which
causes runoff from the spring melt and rains to be
diverted directly into my yard where the waters pond and
then flow over Egan Avenue into the park. This ponding
activity brings with it silt, sand and, I would guess,
chemicals used on the roadway which kill the lawn and
make it difficult to re-establish grass in this area of
my yard.
The movement of the water over the street and the
flooding of the street causes the road in the low area
to become quite rough. The city corrects this condition
by grading the road but the grading has, over the years,
raised the level of the road creating a sort of "dike"
increasing the amount of ponding in my yard.
It seems to me that it would greatly help the situation
0
Mr. Tom Colbert
Page 2
March 27, 1990
if, among other things, a culvert were installed -under
Egan Avenue in the vicinity of the Duren's driveway to
catch water uphill from the Duren's driveway, carry it
under the street and discharge it into the park. The
problem could be basically eliminated if, together with
-the culvert under the road, catch basins were installed
on each side of the street in the low area of Egan
Avenue.
As you know, storm sewer was stubbed in along the south
side of Egan Avenue from pilot Knob easterly to a point
roughly adjacent to and north of my garage. This work
was done at the time Pilot Knob was upgraded but the
storm sewer was not extended to serve the park since, as
I understand it, this would be a city project and the
Pilot Knob upgrade was a county project. As you also
know, many years ago I petitioned the city and collected
signatures for the installation of an extension of this
storm sewer into the low area of Egan Avenue. At that
time, I agreed to provide, without cost, an easement to
the city across my yard to shorten the distance over
which the storm sewer extension would need to run in
order to serve the low area in the street and to avoid
the expense of disturbing the existing black topped and
curbed portion of Egan Avenue which exists along the
northern and northeastern portions of my property lines.
when an engineering feasibility report was done, the
consulting engineer came up with two alternative
proposals. The first proposal was the ,one I had
requested in my petition which would have served only
the low area of Egan Avenue. The other proposal
included this work as well as a further extension of the
storm sewer to the eastern low area of the park where an
additional catch basin was proposed.
I opposed the second alternative since it dramatically
increased the cost of the project and was, in my view,
unnecessary. The low eastern area of the park does not
need to be drained since, 1 think you willagree, this
area allows water to return to the Water table naturally
at an amazingly rapid rate as was evidenced by the 100
year rain we received in August 11987?) a couple of
years ago. when water ponds before frost comes out each
year, catch basins in the low area of Egan Avenue would
control the flooding by working as a sort of ",overflow"
t n
x
Mr. Tom Colbert
Page 3
March 27, 1990
leaving the bulk of t.he .nater to }gond in the lower area
of the -park until the frost leaves the Vround and the
water sinks down into the ground. I am grilling to renew
my offer of a no cost easement if the storm sewer is
extended only to the low point in the street and the
eastern extension to Grain the park is not constructed.
My wife and I are also not opposed to a wore complete
project which would bring hard -surface streets and
street lighting to the entire subdivision. however, I
an aware that my neighbors share a variety of views an
the question of extending hard surface streets, storm
sewer and curb and gutter throughout the subdivision.
while it may be possible to resolve all issues at Once,
I think it is likely that the issues other than storm
sewer for the low are of the street will complicate and
slow down the ultimate resolution of that problem.
This matter concerns the public safety, health and
welfare and is a condition which the -city should take
the initiative in addressing. Accordingly, I believe it
is appropriate for the city, on its own, to undertake an
analysis of the storm water problems in and around
Country Home Park and order proper improvements to
address the condition. As you know, under state
statute, it is necessary for a private party petitioning
for these improvements to obtain the signature of thirty
percent of the property owners in the subdivision. I do
not have the time or the inclination to again undertake
this effort. Rather, it seems more appropriate for the
city to order these improvements on the 4-3 council vote
as, as you also know, is permitted by the statute.
I look forward to attending the council meeting set for
April 3, 1990, to hear the views of the city council on
this issue.
As always, my neighbors and I appreciate the time and
attention you have given us in dealing with. these
various issues over the years.
Very truly yours,
JosepVi J.\ Christensen
•
RECLAIM
CENT14311 1NCo �
*AUL.
NDALIA STREET MN 35114
-; illT ARE LOCATED ON TME S.W. CORNER OF THE BUILDMO
•
Mr. Tom Colbert
City Engineer
City of Eagan
3030 Pilot Knob Road
Eagan, Mn 55124
-VFCEIVED MAR 2 9 IM
VArch 27, 1990
Dear Tom,
I am aware that the City Council will be discussing the Egan Avenue
flooding problem at its next council meeting on April 3, 1990. I have
also seen a copy of Joe Christensens' letter and am writing to tell you
that I agree that this problem needs to be dealt with very soon. pike
the Christensen', a large portion of my yard gets obliterated each
year from the extremely large amount of storm water rurming across my
grass and leaving sand, dirt and other debris. I have, at my expense,
replaced or repaired these areas of my lawn but I am simply tired of
trying to correct what is really the city's problem.
I am fully in support df'having all work completed for the sub-
division necessary to give us hard surface streets, curbs, gutters,
storm sewer and street lights. However, even if this work isn't ordered
in any time soon, the city has a duty to correct the storm water problems
so my yard is not destroyed each year.
My wife and I look forward to seeing you and the council on April 3.
Thank you for your consideration.
119
Very truly yours,
Jim and Margaret Htat
2891 Dgan Ave
Eagan, Mn 55121
F9
fS 121 GAS -11! 39
UJ i0. VU 1U.00 r.'" OIL 441 110!
C]
lurch 39, 3990
Mr. Tom Colbert
City Engineer
City of Eagan
3030 Pilot Knob Road
Eagan, Mn_ SS 24
RE: Flooding, of Egan Ave.
Dear Mr. Colbert:
Please be advised that my letter concerns the frequent
flooding of Egan Ave. IpCountry Home Park. I believe that the
city of Eagan needs to take action to correct this problem.
Many times this road is unpassable. When the road is dry, it
is full of holes, ruts, etc. which I know, over time will
take its toll on my vehicles.
It is my understanding that there is a legitimate answer to
this problem without spending exhoribitant sums of money to
upgrade all the streets in our subdivision. I like the unique
look and country atmosphere which the streets bring to our
neighborhood. The answer seems to be to extend the storm
sewer from the corner of Egan Ave. and Vilas Lane to the low
point on the west side of Egan Ave_
This would seem like a logical solution to the chronic
problem of flooding of the street next to the park en a low
cost basis Which makes sense to all parties concerned,
including the city.
I understand that this item will be on the council agenda
April 03, 1990. I plan to be there to voice my concern on
this issue.
S ace, l
W. a gh'
2905 Ega Av 40
Eagan, S121
Council Minutes
February 2, 1982
R. MrtDOT Traffic Si nal Cost Partici ation A reement. it was
recommended that a_ Cost Participation Agreement Ko. 080 for Traffic Signal
at County Road #26 and Trunk Highway 155 be entered into with the Minnesota
Department of Transportation on a cost participation basis as outlined in e
agreement. 82-7
SEE ACREENENT FILE
Upon not by Smith, seconded Thomas, it was resolved that the consent
agenda be approved. ell voted in favor. Councilman Yachter arrived at the
meeting at this time.
MM ST0RM TAU - PVMJC DEl�
Mr. Colbert recommended that the City Council authorize solicitation of
quotations for the installation of a surface -mounted 1,000 gallon diesel fuel
tank with pump. He noted that during the heavy snowfalls that approximately
400 to 450 gallons of fuel oil are used per day and that the current above-
ground dispensing 500 gallon tank is not sufficient for heavy demand uses
during times of heavy snowfalls. Smith moved, Egan seconded the motion to
authorize the staff to proceed with quotations for an above and a below ground
system and to return to the council with such quotations. All voted yes.
COORTRT BC*M BEIGBTS STORM SEM - DWROVOWT PST f351
The public hearing regarding the proposed storm sewer improvement in
Country Home Heights Addition consisting of Improvement Project #351 was
convened by Mayor Bea Blomquist. A large number of affected property owners
were present. Mr. Colbert explained the project and Councilman Egan withdrew
from consideration noting he -lives in the subdivision. Mr. Colbert explained
the proposed lateral storm sewer and four separate categories of property
relating to proposed trunk and lateral storm sewer assessments in the subdivi-
sion. Be also explained the proposal for respread of both the lateral and
trunk costs for the neighborhood park. In addition, he combined the estimated
assessments for Improvement Project #177 and discussed all of the alternates
concerning the storm sewer installation. Mr. Joe Christianson was present and
stated that he had originally requested a minor portion of storm sewer be
Installed because of the flooding near the Eagan Park and Country Rome Heights
Park. There were objections from affected owners and others wbo favored
Installing a portion or the entire project, including curb and gutter and
surfaced streets. The hearing convened at 7:00 p.m. and at 7:50 p.m. mayor
Blosquist moved, Yachter seconded the motion to close the hearing. 1/11 toted
In favor. Mr. Christianson stated that if the first portion of the project Is
Installed, that he would then grant an easement across his property without
Charge. Vachter then Moved, Blomquist seconded the notion to authorize the
Installation of the first portion of the project to 'Ragan Avenue and prepare
the plans and specifications. Those in favor were Vachter and Blomquist.
Those against were Smith std Thomas. Councilman Smith stated it would be more
prudent to install the entire sta�c sewer project than to do it piece -meal
which would be such more economically practical for the subdivision. Smith
then moved, Thomas seconded the notion to order in the entire project and
! authorize the Engineer to prepare plans and specifications. Those in favor
!
were Smith and Thomas. ?hose against were Yachter and Blomquist. Both
motions failed.
3