02/06/1990 - City Council RegularAGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
FEBRUARY 6, 1990
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
II. 6:35 - LEGISLATIVE UPDATE - ART SE&BERG AND HOWARD KNUTSON/INTRODUCTION BY LIZ
WITT, CHAIR OF LMC REVENUE SOURCES COMMITTEE
II. 6:40 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
A. ADMINISTRATION DEPARTMENT
1. Request, Minnesota Department of Natural Resources/Jon Parker, Funding
of Helicopter Deer Survey
B. PUBLIC WORKS DEPARTMENT
P+Cp 1. Traffic Signal Funding/Schedule, Cliff Road and Beacon Hill Road
IV. 6:55 - CONSENT AGENDA (PINK)
P1 A. PERSONNEL ITEMS
Ig B. LICENSES, Plumbers
C' (p C. LICENSES, Gambling License Renewal and Temporary Liquor License for Eagan
Lions Club
D. LICENSES, Change in Management, Liquor License Renewals
(3 E. RESOLUTION, Star City Recertification for 1990
Pc 5 F. Clas'sifica'tion of Tax Forfeit Property as Non -Conservation
1 -z O G. Reconveyance' -.of Forfeited Lands to State of Minnesota
� _H. AGREEMENT, Joint Powers, Opt Out Transit
I. AGREEMENT, Joint Powers, Cable Membership
' 3 3J. EXTENSION, Preliminary Plat for Autumn Ridge/James Development Company
V 3 5 K. RESOLUTION, Requesting MnDOT Speed Study (Federal Drive - Washington
Avenue to Blackhawk Hills Road)
> 5 L. CONTRACT 90-03, Receive Bids/Award Contract (Pump Inspection and Repair -
�Wells #2 and 6)
?'(p M. VACATE Utility Easement, Receive Petition/Order Public Hearing (Lots 1
and 2, Block 3, Lot 1, Block 2, and Outlot C, Rahn Cliff 2nd Addition)
3�P N. PROJECT 589, Receive Petition/Authorize Feasibility Report (Wescott
Square)
CONTRACT 87-25, Authorize Final Payment (Braddock Trail & Elrene Rd -
P' n Street Construction)
P. CONTRACT 88-03, Authorize Final Payment (Northview Park Rd & Wescott Rd -
'� Surfacing)
Q. CONTRACT 88-13, Authorize Final Payment (Stoney Point, Blackhawk Ridge
and Blackhawk Ponds - Trunk Water Main and Sanitary Sewer)
3� R. CONTRACT 89-02, Authorize Final Payment (Clearview Addition - Streets)
3G� S. CONTRACT 89-06, Authorize Final Payment (Cliff Road Booster Station)
l T*CONTRACT 88-L, Acknowledge Completion (Blackhawk Ponds - Streets and
-�� Utilities)
`'l0 U. FINAL PLAT, Town Centre 100 Fifth Addition
V. 7f:00 - PUBLIC HEARINGS (SALMON)
('`la -"A. PROJECT 443R, O'Neil - Trunk Storm Sewer - Final Assessments
1 B. PROJECT 461, Yankee Doodle Rd - Streets - Final Assessments
OC. PROJECT 549R, Stratford Oaks Addition - Storm and Sanitary Sewer
�'3 D. PROJECT 588, Silver Bell Addition - Water Main
P`
E. VACATE, Utility Easement, Difley Road at Thomas Lake Rd Extended
VI.� OLD BUSINESS (ORCHID)
A. CONSIDER Public Hearing Date of 3/20/90 to Consider Tax Increment
' Financing for TriLand Properties Commercial Development/Ice Arena Project
l SENECA Waste Water Treatment Plant, Presentation by Citizens Against
Seneca Capacity Expansion
C. ORDINANCE, Park Trail Dedication
D. RESOLUTION, O'Neil Planned Development Comprehensive Guide Plan Amendment,
Execution of Planned Development Agreement and Authorization to Prepare
a Transportation Corridor Study
E. AMENDMENT to Development Contract, Hills of Stonebridge, Plat 2
VII! NEW BUSINESS (TAN)
A. RESIGNATION, James Unker, Burnsville/Eagan Cable Communications Commission
APPOINTMENT, for Vacant One Year Alternate Burnsville/Eagan Cable
Communications Commission Position
B. LICENSE, On -Sale Liquor License, LaFonda De Acebo, 3665 Sibley Memorial
IHwy
),C. RESOLUTION, Issuance of Refunding Bonds for Yankee Square Inn Partnership
` D. CONDITIONAL USE PERMIT, New Horizon Child Care, To Allow a Pylon Sign
Located on Lot 1, Block 2, Eagan Center 3rd Addition, Along Lexington Ave,
South of Diffley Rd in NE 1/4 of Section 26
E. CONDITIONAL USE PERMIT, Mike Marushin, To Allow Pylon Sign on Video Update
Site (Parcel 10-03000-020-25) Located Along Nicols Rd, South of Diffley
Rd in NW 1/4 of Section 30.
(6(((� F. ORDINANCE AMENDMENT, City of Eagan, Amending Eagan City Code Chapter 11
,e
� entitled "Land Use Regulation (Zoning)"
G. RESOLUTION, Lance Planned Development, Comprehensive Guide Plan Amendment,
Execution of PD Agreement
VIII. ADDITIONAL ITEMS (GOLD)
IA. ADMINISTRATIVE AGENDA (GREEN)
X. VISITORS TO BE HEARD (for those persons not on agenda)
RI. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCELMEIVTBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 19 1990
SUBJECT: AGENDA INFORMATION FOR FEBRUARY 6, 1990 CITY COUNCIL
MEETING
After approval is given to the February 6, 1990 City Council agenda and to regular
meeting minutes for the January 16, 1990 meeting, the following items are in order for
consideration.
PW
W
Minnesota State Senator Howard Knutson and Representative Art Seaberg will be present
to provide a brief legislative update. Liz Witt, Chair of the LMC Revenue Sources
Committee, will provide the introductions of both Senator Knutson and Representative
Seaberg. The session, which is scheduled to begin on Monday, February 12, is considered
a short session and is expected to end in early April. Councilmembers are encouraged
to ask any questions of either Senator Knutson or Representative Seaberg.
A. ADMINISTRATION DEPARTMENT
Item 1. Request, Minnesota Department of Natural Resources/Jon Parker, Funding of
Helicopter Deer Survey --Jon Parker, Area Wildlife Manager with the DNR, is requesting
that the City provide funding for helicopter rental to complete a deer survey. For the
past two winters the City had provided funding for helicopter rental to assist in deer
surveys that were completed both in 1989 and 1990.
For a copy o Mr. Parker's request, refer to page �- . Also enclosed on pages
through � is a copy of the results of the Minnesota Valley Special Deer Hunt the City
Council authorized for the fall of 1989.
ACTION TO BE CONSIDERED ON THIS I'T'EM: To approve or deny authorization of
a 1990 Deer Survey at a cost of between $225-300.
STATE OF
DEPARTMENT OF NATURAL RESOURCES
PHONE NO.(612) 445-9393
Area Wildlife Office
223 Holmes Street, Room 101
Shakopee, MN 55379
Tom Hedges, Administrator
City of Eagan
3830 Pilot Knob Road
Fagan, MN 55122
January 9, 1990
FILE NO.
SUBJECT: Request for Eagan funding for 1990 deer survey and transmittal of
report on the 1989 special deer hunt
Dear Mr. Hedges:
For the past two winters I have requested that the City provide funding
for helicopter rental so that I could complete the deer surveys. I appreciate
your city's support of this project. This is to request funding for our 1990
survey.
Last year we spent 1.25 hours on the city, and the total helicopter cost
was $218.75. We were unable to complete part of Eagan because of equipment
failure. Assuming that the hourly rate is similar to last year, I would
expect the cost to Eagan to be between $225.00 and $300.00.
As they did last year, Dakota County Parks Dept. will be funding the
survey of Lebanon Hills Park. The City of Burnsville will also be
participating this year. We will also be approaching the cities of Mendota
Heights and Bloomington.
I believe that this survey is especially important because of your
recent change in shooting ordinance, becam of the potential for a deer
control proposal in Lebanon Hills, and because of the general agreement within
our deer task force that we need good survey data. We are also eo[ntinling
with the deer management task force and expect recmmGedatiom by next Spring.
Thanks for considering the request. I would like to knaa your decision
as soon as possible, since the survey is likely to begin in late January.
My report of the 1989 Minnesota Valley Special Deer Hunt is attached. If
you have any questions or cam mts please let me knew.
P.Incerely E
�Mrke'r, Area Wildlife Manager
cc: Nancy Albrecht
Roger Johnson
Oliver McColloch, Eagan Deer Task Force Representative
AN EQUAL OPPORTUNITY EMPLOYER
S.'-00006-03
STATE OF MINNESOTA
DEPARTMENT of NATURAL RESOURCES Office Memorandum
Division of Fish and Wildlife
TO:Roger Johnson, DAT01/02/90
Me Region, Wildlife Manager
40q"
FR J Parker, AM, Shakopee PHONE:(612)
445-9393
SUBJECT:MirgleSota Valley Special Deer Hutt 1989
A total of 140 permits were available for the 1989 special hunt, 111 for
shotguns and 29 for bow and arrow. -135 of the 140 permits were issued at the
mandatory hunter orientation session, October 19. 29 baw and arrow permits
were issued by lottery from 258 valid applications. 106 firearms permits were
issued from 135 valid applications. We selected 20 alternates for baw and
arrow permits in case of non-appearance at the orientation, and we exhausted
the list to fill the permits. Seven firearms hunters did not attend the
orientation session, and we only invited 2 alternates, so 5 firearms permits
could not be issued. Sixty -arse bonus licenses were purchased for the firearms
hunt, so there were a total of 170 licenses valid for firearms. We do not
know haw many baa and arrow hunters parchased a Metro bonus license.
The hunt was convicted from November 4 through November 12 (9 days).
Recent previous hunts were held on two consecutive weekends (4 days). It was
hoped that the extra hunting time would lead to a larger harvest. We believed
that the extra time would allow the hunters to beome more familiar with the
area and with deer movements. We also felt that the added days would increase
the probability that hunters would be in the field on days when deer were
active.
Thirty-three (33) firearms hunters (31%) took one or more deer; 3 of
these took two deer. Three bcw and arrow hunters (10%) took 1 deer each.
Eighteen deer were registered with bonus firearms licenses, and 2 deer were
registered with bonus bow and arrow licenses.
A total of 43 deer were taken in the hunt; 24 in Fort Snelling State Park
and 19 in the Minnesota Valley National Wildlife Refuge and vicinity. One
road -killed deer was turned in at the registration station, but it is not
included in this analysis. Deer taken included 13 males and 30 females (Table
1). Six of the 13 males were antlered, thus were illegally taken. Deer were
taken by hunting compartments as follows (Table 2 and Figure 1): (Bl -3) Black
Dog (Burnsville) - 10 by firearms including 3 illegal males and 1 illegal
female; (Li -6) Lorg Meadow (Bloomington) - 6 by firearms, including ane
illegal male, and 3 by bow and arrow; (F2) Fort Snelling Park (Mendota
Heights) - 12 by firearms including 2 illegal males; (F1) Fort Snelling Park
(Eagan) - 12 by firearms including 1 illegal male. No deer were taken from
compartments L2, L5, or B3.
22 deer were taken the opening day (Nov. 4), and 4 were taken Nov. 5. 12
deer were taken diming the week (Nov. 6-20). 5 deer were taken the last
weekend (Nov. 11-12). Hunter effort was not systematically monitored.
Six of the 33 successful firearms hunters (18%) reported that they hit a
deer which they did not retrieve. None of the three successful bow and arrow
hunters reported hitting a deer which they did not retrieve. The overall
reported wounding rate as a proportion of the retrieved kill was 14%. These
data represent a minimum wpmx1jng rate since we were not able to interview
non -successful hunters, and some successful hunters continued to hunt and did
3
not tale another deer.
Teeth (incisors) and some jaw bones were tarn from most deer to more
accurately determine age. This analysis will be donne later this winter by
Wildlife Research in Madelia. Deer were weighed to give a general measure of
physical condition, however a different scale was used. Mean (average)
weights in kilograms (polaris) were as follows: Adult male - 74 (163) [only 2
were weighed]; Yearling male - 55 (120) [2 were weighed]; Adult Female - 48
(107) [16 were weighed]; Yearling Female - 34 (76) [6 were weighed]; Falai
male - 31 (70) [ 7 were weighed] ; Fawn female - 26 (56) [a were weighed] .
Comparisons with past years cannot be made with certainty because we used a
different scale this year and because yearling weights were not calculated
separately in past years. If necessary the differences between scales can be
determined and the yearling weights can be calculated.
Seven hunters took deer illegally during the hunt. Six hunters took
legally antlered bucks in violation of the special rules regulating the hunt.
Four of these hunters volmtarily reported the incidents and claimed to have
simply made mistakes; the deer were confiscated but no citations were issued.
Two hunters reported taking bucks, but they had previously attempted to cut up
and remove the deer frau the area after dark. These deer were confiscated and
the hunters were cited for illegal taking under federal law. One hunter shot
a doe illegally. He shot from his stand within the open area, across the
tracks into a closed area. This deer was confiscated and the hunter was cited
Linder federal regulations. All of these hunters were allowed to continue
hunting in the special hunt. No other violations were reported.
To my knowledge, this was the first "antlerless only" deer hunt in
Minnesota. It was controversial within the Department. Staff from Parks &
Recreation, Enforcement, and Wildlife expressed various misgivings. Some felt
that such a hunt would lead to mistakes and violations which we did
experience. Others felt that we.should not have a hint which forced hunters
to pass up "trophy" bucks, therebly reducing the quality of the hunting
experience. Since the hunt, same have theorized that this regulation may have
led to the relatively low kill. That is, hunters may have passed up females
because they could not be sure they were not males.
Much of this criticism is theory or speculation which we can't document.
The results of the hunt do not, in my opinion, support some of the criticism.
First we did have mistakes and violations. Five percent of the hunters were
apprehended violating regulations. This is higher than I expected.
Hopefully, if such hunts are continued, hunters who cannot perform under these
conditions will not apply. I don't know if this rate of violation is
unacceptable to the Department, but we shauld strive to reduce it in future,
similar hunts. As a mininaam, we should stress the subject more strongly
during the orientation.
Second, as I have argued in the past, those hunters who feel that this
type of hunt is not a "quality experience" do not have to apply for this hunt.
We do not know how the hunters evaluated the experience this year since we did
not ask them in a systematic manner. We should consider a survey to find out.
Third, this hunt was very effective, relative to past hunts, in removing
female deer. The total harvest was comparable to the two previous hunts which
allowed either sex hunting (Table 1). We harvested only 38 deer by firearms
in 1987, including a late muzzleloader haunt. However the 1987 hunt also
included and early bow a arrow haunt for which we do not know the harvest.
The harvest of females has second only to the 1986 hunt in which we took 50
females out of a total of 100 deer. Remember also that the 1986 hunt was held
during the highest recorded population densities on the area. As for hunters
passing up females because of uncertainty, I don't know, except we could
survey hunters to find out. I feel that it is just as likely that many
females were "passed up" during either sex hunting by hunters wishing to take
bucks .
In summary, this hit was not as successful as we had hoped, especially
since we added 5 days to the hunting period. However, it was one of our most
successful hunts from the standpoint of population control. I would support
"antlerless- ly" hunts in this area in the future. I would reccmmend that we
survey hunters to determine their perception of the "quality" of this hunt. I
also would reoaamend that the Cammissioner's Order in future hunts require
that violators of rules and regulations of the hunt be excluded frcm further
hunting that year. They should also, in my opinion, be excluded from
application for future hunts.
cc: DNR Parks, DIS Enforcement, MN Valley Refuge, MN Valley Deer Task Force
Cities of Burnsville, Eagan, Bloomington, and Mendota Heights
s
Agenda Information Memo
February 6, 1990, City Council Meeting
B. PUBLIC WORKS DEPARTMENT:
Item 1. Trac Signal Funding/Schedule, Clio Road @ Beacon Hill Road/Thomas Center
Drive --On December 19, the City Council formally requested the Dakota County Board
of Commissioners to consider installing a traffic signal at the above -referenced intersection
during the 1990 construction season. Recently, the County Board adopted both their Five -
Year Capital Improvement Program and their Five -Year Funding Program. While the
installation of this signal is programmed for installation in 1990, its funding is not provided
for until 1991. This means that if funding should become available through the delay or
underrun of some other project during 1990, it can be applied towards the installation of
this signal. If no alternative source of funding becomes available, it will be reincluded in
the 1991 program and installed accordingly. Another alternative would be for the City to
enter into a special agreement with the County whereby the City would prefinance the
County's 50% share (approximately $45,000) in addition to the estimated City's share of
$45,000. While the County cannot precommit future funds, they would agree to consider
reimbursing the City in 1991. Similar agreements have been entered into with Apple
Valley to allow the accelerated installation of signals where County funding had not yet
been provided. The County is presently repaying Apple Valley in accordance with their
previous agreements. This is referenced to show that although no hard commitments can
be made by the County, their intentions are to comply accordingly.
If the signal is to be functional by late summer or early fall, the County must receive an
indication from the City whether the City is willing to prefinance this signal. Otherwise,
it is not anticipated the signal will be operational until early to mid -summer of 1991.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the preparation of
a Cost Participation Agreement for City prefinancing of a signal installation at Cliff Road
and Beacon Hill Road.
NO
Agenda Information Memo
February 6, 1990 City Council Meeting
CON SENTAG PA
PERSONNEL ITEMS
A. Personnel Items
Item 1. Seasonal Winter Recreation Leader --This item is for the Council's information.
It was necessary to hire an additional seasonal winter recreation leader. Upon a
recommendation of Superintendent of Parks VonDeLinde, City Administrator Hedges
approved the hire of Scott Danielowski as a seasonal winter recreation leader for the
remainder of the ice skating season. There is no action required on this item.
ri
Agenda Information Memo
February 6, 1990 City Council Meeting
PLUMBERS LICENSES
B. Licenses, Plumbers --According to City Code regulations, plumbers licenses are renewed
on an annual basis. Enclosed on page are those companies performing a plumbing
service within the City of Eagan. All license applications have been reviewed and are in
order for consideration.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as
presented.
PLUMBERS LICENSE FEBRUARY 6, 1990
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
Alta Mechanical Contractors
Bowler Company
Budget Plumbing Corp.
Burkhardt Plbg.
Burnsville Electric/Mechanical
Dakota Plumbing & Heating
Donahue Mechanical, Inc.
Eagan Plumbing & Heating
G R Mechanical
Groth Sewer & Water
Harris Mechanical Contracting
Main Line Plumbing, Inc.
McDonald Plumbing Systems Inc.
Minnesota Mechanical, Inc.
Murr Plumbing, Inc.
Nasseff Plumbing & Heating Inc.
Neu Plumbing
Nickelson Plumbing
North St. Paul Plumbing
Nova -Frost, Inc.
Nybo-Peterson Plumbing
Joseph Peters Plumbing Co.
Plumm, the.
Pride Plumbing Services
Regency Plumbing
Sauber Plumbing & Heating
Seitz Bros. Inc.
Spriggs Plumbing & Heating Co.
Stant Plumbing & Heating
State Mechanical Inc.
Lee Stull Plumbing
United Water & Sewer Co.
Valley Plumbing Company Inc.
ass Plumbing & Heating of Minnesota
!nzel Plumbing & Heating Inc.
Agenda Information Memo
February 6, 1990 City Council Meeting
GAMBLING LICENSE RENEWW L IONS CLUB
C. License, Gambling License Renewal and Temporary Liquor License for Eagan Lions
Club --The Eagan Lions Club has submitted an application for renewal of their gambling
license which allows for the sale of pull -tabs at Valley Lounge in Cedarvale Lanes. Mr.
Jerry Marko is the gambling club manager and has submitted all documentation on behalf
of the Eagan Lions Club.
The Eagan Lions Club has also submitted an application for a temporary liquor license
for a Lions Club special event scheduled for February 17 at the MSA building for the
annual grand dinner that is sponsored by the club.
Enclosed on pages I ( through I 'Zt- is a copy of the gambling license application
renewal and temporary liquor license application as referenced for these agenda items.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the gambling
license renewal to allow the Eagan Lions Club to operate pull -tabs at Valley Lounge in
Cedarvale Lanes and to approve the temporary liquor license and authorize submission
of the license to the state liquor control for their review and approval.
10
Necord No. 6966
41"N Department of Revenue - Gaming Division For Board Use Only „
Mail Station 3315 Paid amt:
St. Paul, MN 55146-3315 Check No.
(612) 297-5300 Date:
GAMBLING LICENSE RENEWAL APPLICATION
LICENSE ►IUMB'eiq 6 EFF DATE: 1 / AMOUNT OF FEE:
;211,11
i Applicant —Legal Narre of Organ+zattan 2. Street Address
LIONS titll 9602119 Cliff Rand
4. County 6. Business Phone
3 Cay State. Zup Dakota i 612 1 654-4841
Ewan, 11 5$12:
7. Business Phone
6 Name of Cme' Execurve Office, ( 612 462-4488
Jack eaysetf
9. Business Phone
8 Name of Treasu,er or person vsno .Accounts for Revenues 612 ) 454-3311
tory Nanr+cy E
Ell. ond Number 12. Business Phone
10 Name of GarnOhng Manage,!429 612 454-4841
1 E Naricoun 15. No. of Active Members
13 Name o± Es.ac+isnmeni wnere Gambling Wiu TaKe Piace ou t 61
Valley LovP41 El a^ -
17. Monthly Rent:
16 Lesso, Name 1611
Jia TousiQftart
18- If Bingo will De conoucteo witn tris license, please specify days and times of B nge Lan
Pays Times Days Times
19. Has license ever been: :1 Revoked Bate: ❑ Suspended Date: ❑ Denied Date: _ ✓ •
20. Have internal controls been submitted previously? X(Yes ❑ No (If -No," attach copy)
21. Has current lease been filed with the board? 9 Yes ❑ No (If "No," attach copy)
22. Has current sketch been filed with the board? RkYes ❑ No (If "No," attach copy)
GAMBLING SITE AUTHORIZATION
By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site, at any time, gambling is
being conducted, to observe the gambling and to enforce the law for any unauthorized game or practice.
BANK RECORDS AUTHORIZATION
By my signature below, the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account whenever necessary to
fulfill requirements of current gambling rules and law. OATH
1 hereby declare that:
1. I have read this application and all information submitted to the Board;
2. All information submitted is true, accurate and complete;
3. All other required information has been fully disclosed;
4. 1 am the chief executive officer of the organization;
5. 1 assume full responsibility for the fair and lawful operation of all activities to be conducted;
6. 1 will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the board and agree, if licensed, to abide by those
laws and rules. including amendments thereto.
23. Official Legal Name of Organization Sig ture (Chief Executive Officer) Date
Tnle
pju�
ACKNOWLEDENT OF NOTICE BY LOCAL GOVERNING BODY
f hereby acknowledge receipt of a copy of this appficatio . ey acknowledging receipt, 1 admit having been served with notice that this application will
be reviewed by the Charitable Gambling Control Board and if approved by the Board, will become effective 60 days from the date of receipt (noted
below), unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by
the Charitable Gambling Control Board within 60 days of the below noted date.
24. City/County Name (Local Governing Body)
Signature of Person Receiving Application:
4
Title f . 1,7' 1 Date Received
Name of Person Delivering Application to Local
r
NiG_f K t
Township: if site is located within a township, please complete items 24
and 25:
25. Signature of Person Receiving Application
begins 60 day period) i Title:
Body: Township Name
CG -=22-M (4/89) White Copy—Board Canary --Applicant Pink—Local Governing Bola,
Ps o°o-s °"8'85i MINNESOTA DEPARTMENT OF PUBLIC SAFETY
PHONE 612296-6159 LIQUOR CONTROL DIVISION
333 SIBLEY • ST. PAUL, MN 55101
t#101 "44,
APPLICATION AND PERMIT
FOR A 1 to 3 DAY TEMPORARY ON -SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION
Eagan Lions Club
STREET ADDRESS
3645 Blackhowk Road
NAME OF PERSON MAKING APPLICATION
John Kaysen, President
DATES LIQUOR WILL BE SOLD? (1 TO 3 DAYS)
Fc"_ruary 17, 1990
OR NI TION FFICE R"SNAME
1
RGANIZATIOt4 O FIC R`S NArl
Gary QMQ�(ey, Treasurer
ORGANIZATION OFFICER'S NAME
DATE ORGANIZED NO. OF MEMBERS TAX EXEMPT NUMBER
1969 1 45 50375416
CITY STATE75P572
DE
Eagan MN 2
BUSINESS PHONE HOME PHONE
1612►452-4488 1612)454-3799
DOES ORGANIZATION HAVE A CHARTER GENERAL PURPOSE OF ORGANIZAT10i
FX Yes No Service
? _) ADDRESS
.,.� 3645 Blackhawk Road, Eagan, MN 5512
Location where license will be used. If an outdoor area, describe.
IMSA Building, Eaaan, MN
ADDRESS
1825 Trailway Drive, No. 8, Eagan,
ADDRESS 551221
Will the applicant contract for intoxicating liquor services? If so, give the name and address of the Liquor licensee providing
the services.
XXX NO
Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage.
(Note: Insurance is not mandatory)
USF&G Insurance Co. - 500 000 each occurence
CITY OF Eagan
CITY FEE AMOUNT $150-013
DATE FEE PAID January 19,1990
SIGNATURE CITY CLERK
APPROVAL
DATE APPROVED
LICENSE DATES
APPROVED LIQUOR CONTROL DIRECTOR
NOTE: Do not separate these two parts, send both parts to the address above and the original signed by this division
will be returned as the license. Submit to the City Clerk at least 30 days before the event.
Agenda Information Memo
February 6, 1990 City Council Meeting
LICENSESICHANGE IN MANAGEMENT FOR LIQUOR LICENSE RENEWALS
D. Licenses, Change in Management, Liquor License Renewals --The City Code requires
that any new manager in an establishment licensed to sell beer, wine or liquor must be
approved by the City Council. According to Administrative Assistant Witt the following
represent changes in management:
Michael Henke - Cedarvale Lanes
Thomas Cadle - Compri Hotel
Teresa Miller - Davanni's
Bryan Biever - Eagan Tennis & Athletic Club
Michelle Olson - Eagan Tennis & Athletic Club
Charles Yager - Pizza Hut, Cliff Road
Barbara Reimer - New Partner at J. Doolittle's
The Police Department has completed the review of all applications and recommend
approval. A copy of each applicant's personal information is enclosed for Council review
without page number.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve all seven (7) changes in
designation of on -sale liquor managers for establishments as previously referenced.
RESOLUTION/RECERTIFICATION FOR STAR CITY
E. Resolution, Star City Recertification for 1990--A resolution to consider the
recertification of the City of Eagan as a Star City for 1990 as required by the Department
of Trade and Economic Development. The resolution has been prepared and approves
the 1990 Star City Work Plan as approved by the Economic Development Commission and
requests he recertification for 1990 as a Star City. For a copy of the resolution, refer to
page
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution authorizing
recertification of the City of Eagan as a Star City for 1990.
13
CITY OF EAGAN
RESOLUTION
RE -CERTIFICATION OF THE CITY OF EAGAN
AS A STAR CITY FOR 1990
WHEREAS, the City of Eagan fulfilled the initial requirements to receive azar
City designation in 1985 for its commitment to economic development, and;
WHEREAS, the City of Eagan has been recertified as a Minnesota Star City every
year since initial designation in 1985, and;
WHEREAS, the City of Eagan utilizes a nine -member citizen advisory group, the
Economic Development Commission, to study, evaluate and work to improve the local economy
through policy recommendations to the City Council, and;
WHEREAS, the City of Eagan recognizes the explosive rate of growth requires
planned and coordinated effort to ensure appropriate economic development, and;
WHEREAS, the City of Eagan has been, is currently, and will continue to pursue
policies to ensure appropriate economic development, and;
WHEREAS, the City of Eagan seeks to develop a diverse and stable local economy.
THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan approves
the 1990 Star City Work Plan as approved by the Economic Development Commission, and;
BE IT FURTHER RESOLVED that the City Council of the City of Eagan hereby
requests re -certification for 1990 as a Star City from the Minnesota Department of Trade
and Economic Development.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CERTIFICATION
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City
Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this day of , 1990.
E.J. VanOverbeke, City Clerk
(q City of Eagan
Agenda Information Memo
February 5, 1990 City Council Meeting
CLASSIFICATION AX FORFEIT PROPERTY
F. Classification of Tax Forfeit Property as Non -Conservation --The City has been notified
of four (4) parcels that were noticed as tax forfeited for non-payment of taxes. According
to the Finance Director, refer to attachments on pagesthrough �[�� one of the
parcels is being repurchased while the other three parce s are privately owned cul-de-sacs
in Cinnamon Ridge 3rd Addition.
It is the recommendation of the staff that the City Council approve the non -conservation
classification. In other words, there is no public use for these parcels. The staff fully
anticipates that the associations will purchase the cul-de-sacs within Cinnamon Ridge 3rd
Addition as they did last year in Cinnamon Ridge 2nd Addition.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve action by the City Council
to recommend approval to Dakota County that these parcels be classified as non -
conservation.
I's
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VAN OVERBEKE
DATE: JANUARY 29, 1990
SUBJECT: TAX FORFEIT PROPERTY
The City has been notified of four (4) parcels within Eagan that
were noticed as tax forfeited for non-payment of taxes. Dakota
County is requesting that the City approve the classification of
these properties as non -conservation lands in preparation for sale.
Since the notice, one (1) of the parcels (10-14990-020-01) or Lot
2, Block 1 of Briar Hill is in the process of being repurchased by
the owner.
The other three (3) parcels are Outlots A, C and D of Cinnamon
Ridge 3rd Addition. These outlots are privately owned cul-de-sacs
in that particular development. As you recall, two (2) of these
went tax forfeit in the 2nd Addition last year.
These parcels have not been circulated to any other departments
because there is no opportunity for the City to utilize them. I
would therefore request that the City Council approve the non -
conservation classification.
Attached is a complete list of the parcels and maps for your
reference. Please let me know if you would like any additional
information.
V
FinaA4e Director/City Clerk
Attachments
EJV/j eh
i (S
Form No. 440A—LAND CLASSIFICATION.—} Conservation
P."X4.:51
Non -Conservation
CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED
LANDS AS PROVIDED BY CHAPTER 366, LAWS 1935 AS AMENDED.
Town
To the Village Board of the Com'— of -. Eagan _ --
City
We, the members of the County Board of the County of Dakota Minnesota,
do hereby certify that the parcels of land hereinafter listed are all of the lands which have been classified
by us as —conservation lands, from the list of lands forfeited to the State of Minnesota for non-payment
of taxes for the year or years 1983 & 1985 as provided by Minnesota Statutes 1945, Section 282.01
as amended.
Sec. or Twp, or Range Appraised Value Appraised Value
SUBDMSION Lot Block 8 of Land or Timber
10-14990-020-01
Briar Hill
Lot 2 Block 1 & pt interest in common
area being W 5 ft of Lots 15 & 16 Blk 1 f
S 5 ft of Lot 16 Blk 1 SW 5 ft of Lot
19 Blk 1 SE 50 ft of Lots 19 & 20 Blk 1
& N 5 ft of Outlot B Adj Lots 16 & 19 2
1.0-17402-010-00
Cinnamon Ridge Third Addition
Outlot A
10-17402-030-00
Cinnamon Ridge Third Addition
Outlot
i
10-17402-040-00
Cinnamon Ridge Third Addition V
Outlot I D
REVISED I -27-E
12-1-8.
BERNARD H LARS
COUNTY SURvEtOR
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JANUART, 1978
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Agenda Information Memo
February 6, 1990 City Council Meeting
RECONVEYANCEf F"ORFETTED LANDS
G. Reconveyance of Forfeited Lands to the State of Minnesota --During July 1986, the City
of Eagan requested that Lot 7, Block 3 of Overview Estates Replat be acquired as tax
forfeit. This lot was considered as a potential location for a fire station in the eastern
area of the City. That fire station (#4) was eventually located at Dodd and Diffley,
therefore, the Overview Estates Replat lot was not given any additional consideration. For
that reason and lacking any other appropriate public use, the staff is recommending that
the property be returned to the State of Minnesota and sold.
Attached on page,?/ is a location map.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorization the designation of
Lot 7, Block 3, Overview Estates Replat as surplus property and that said parcel be
returned to the State of Minnesota to be sold.
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Agenda Information Memo
February 6, 1990 City Council Meeting
AGREEMENT OINT POWERS OPT OUT
H. Agreement, Joint Powers Opt Out Transit --The Joint Powers Agreement establishing
the Minnesota Valley Transit Authority is enclosed on pages_.)3 through Q22 and ready
for ratification by the City Council.
It is recommended that the City Council include designation of a Commissioner and
alternate Commissioner to serve as a member of the MVTA. The City
Administrators/Managers are suggesting that Mayors or a member of the City Council
from each of the six (6) communities be designated as the Commissioner each of the
respective Cities for at least the first few years until the transit authority is fully
operational.
It is recommended that Mayor Egan be appointed Commissioner and the City
Administrator be designated as the alternate Commissioner.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Joint Powers
Agreement establishing the Minnesota Valley Transit Authority and that Mayor Tom Egan
be appointed as the City's Commissioner and further that the City Administrator act as
the alternate Commissioner.
SPECIAL NOTE: The Cities of Apple Valley, Burnsville and Eagan will have the
authority to appoint a Commissioner at large from their three (3) communities as stated
in the Joint Powers Agreement. That appointment will be recommended and ratified at
a later date.
JOINT POWERS AGREEMENT
ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY
JOINT POWERS AGREEMENT by and among the Cities of Apple Valley,
Burnsville, Eagan, Prior Lake, Rosemount, and Savage ("Cities"),
municipal corporations organized under the laws of the State of
Minnesota. This Agreement is made pursuant to the authority conferred
upon the parties by Minnesota Statutes $§473.384, 473.388, and
471.59.
WHEREAS, the Cities have completed a Project Study under the
Metropolitan Transit Service Demonstration Program;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual
covenants contained herein, it is hereby agreed by and among the
Cities:
1. Name. The Cities hereby create and establish the Minnesota
Valley Transit Authority.
2. Purpose. The purpose of this Agreement is to provide
public transit service for the Cities pursuant to Minnesota Statutes
§473.388.
3. Definitions.
(A) "AUTHORITY" mean's the organization created by this
Agreement.
(B) "BOARD" means the Board of Commissioners of the
Minnesota Valley Transit Authority.
(C) "COUNCIL" means the governing body of a party to this
Agreement.
(D) "REGIONAL TRANSIT BOARD" (RTB) is the regional transit
board as established by Minnesota Statutes §473.373.
C2.3
(E) "ADVISORY COMMITTEE" is a committee consisting of the
City Manager or Chief Administrator of each party, or his or her
designee, which shall act as an advisory body to the Board.
(F) "PARTY" means any City which has entered into this
Agreement.
(G) "TECHNICAL WORK GROUP" is a committee consisting of one
staff member of each party, which shall act as technical advisors
to the Advisory Committee and the Board.
4. parties. The municipalities which are the original parties
to this Agreement are Apple Valley, Burnsville, Eagan, Prior Lake,
Rosemount, and Savage. Additional parties may be added by the
concurrence of all the existing parties. No change in governmental
boundaries, structure, organizational status or character shall
affect the eligibility of any party listed above to be represented on
the Authority so long as such party continues to exist as a separate
political subdivision.
5. Board of Commissioners.
(A) The governing body of the Authority shall be its
Board which will consist of seven (7) voting commissioners.
Each party shall appoint one commissioner and one alternate
commissioner. The cities of Burnsville, Eagan and Apple
Valley shall additionally collectively appoint one
commissioner and one alternate. Representatives from the
Regional Transit Board may serve as ex officio members of
the Board of Commissioners.
(B) Commissioners shall be a member of the Council of
each party or its designee. Alternate commissioners shall
each be a member of the staff of a party. The terms of
office of commissioners shall be determined by each party.
(C) A commissioner may be removed by the party
appointing the commissioner with or without cause.
(D) Commissioners shall serve without compensation from
the Authority.
(E) At least five (5) of the members of the Board shall
constitute a quorum of the Board. Attendance by a quorum of
the Board shall be necessary for conducting a meeting of the
Board. The Board may take action at a meeting upon an
affirmative vote of five (5) of the commissioners.
(F) At the organization meeting or as soon thereafter
as it may be reasonably done, the Board may adopt rules and
regulations governing its meetings.
(G) At the organization meeting of the Board, and in
January of each year thereafter, the Board shall elect a
chairperson, a vice chairperson, a secretary, a treasurer,
and such other officers as it deems necessary to conduct its
business and affairs.
6. Powers and Duties of the Authority.
(A) General. The Authority has the powers and duties to
establish a program pursuant to Minnesota Statutes §§473.384
and 473.388 to provide public transit service to serve the
geographic area of the parties. The Authority shall have all
powers necessary to discharge its duties.
(B) The Authority may acquire, own, hold, use, improve,
operate, maintain, lease, exchange, transfer, sell, or
otherwise dispose of equipment, property, or property rights
as deemed necessary to carry out the purposes of the
Authority.
(C) The Authority may enter into such contracts to
carry out the purposes of the Authority.
(D) The Authority may establish bank accounts as the
Board shall from time to time determine.
(E) The Authority may employ an executive director,
whose duty shall be to administer policies as established by
the Authority. The executive director shall be an employee
of the Authority. The Authority may enter into employment
contracts with other personnel and may provide for
compensation, insurance, and other terms and conditions that
it deems necessary.
(F) The Authority may enter into a contract for
management services.
(G) The Authority may sue or be sued.
-3-
(H) The Authority shall cause to be made an annual
audit of the books and accounts of the Authority and shall
make and file the report to its Members at least once each
year.
(I) The Authority shall maintain books, reports, and
records of its business and affairs which shall be available
for and open to inspection by the parties at all reasonable
times.
(J) The Authority may contract to purchase services
from any one of the parties.
(K) Without the unanimous approval of the Board, the
Authority shall not purchase buses, motor vehicles,
buildings, real estate or lease the same for a period in
excess of five (5) years.
7. operating costs, Budget, and Financial Liability.
(A) The Authority shall have a fiscal year beginning
January 1 and ending December 31. On or before July 1 of
each year the Advisory Board shall prepare an estimated
budget for the next fiscal year including an estimate of
capital expenditures, operating costs, and revenues. Capital
expenditures and operating costs shall be limited to
revenues received pursuant to Minnesota Statutes §§473.384
and 473.388, and estimated revenues to be received from the
operation of the transit system. The Board shall review and
approve or disapprove the budget. The budget may be adjusted
from time to time on the basis of actual costs incurred or
changes in estimated revenue. In the event of an adjustment
of the budget, there shall be furnished to each party a
computation of the adjustment.
(B) The annual financial contribution to the Authority
of each party shall be the total amount of assistance which
each party receives pursuant to Minnesota Statutes §§473.384
and 473.388.
8. Insurance. The Authority shall purchase insurance in such
amounts and on such terms as the Authority shall determine.
9. Duration of Agreement This Agreement shall continue in
force until January 1, 1991, and thereafter from year to year,
subject to withdrawal by a party or termination by all parties.
Withdrawal by any party shall be effected by serving written notice
upon the other parties no later than January 10th of the year at the
end of which such withdrawal is to be effective. Withdrawal from the
Agreement by any party at the end of the calendar year shall not
affect the obligation of any party to perform the Agreement for or
during the period that the Agreement is in effect. Withdrawal of any
party or termination of the Agreement by all parties shall not
terminate or limit any liability, contingent, asserted or unasserted,
of any party arising out of that party's participation in the
Agreement.
10. Distribution of Assets. In the event of withdrawal of any
party from this Agreement, the withdrawing party shall not be
reimbursed. In the event of termination of this Agreement by all
parties, all of the assets which remain after payment of debts and
obligations shall be distributed among the municipalities who are
parties to this Agreement immediately prior to its termination in
accordance with the following formula. Each municipality shall
receive that percentage of remaining assets determined by dividing
the total amount which that municipality contributed to the Authority
during the previous five (5) years by the total amount contributed to
the Authority over the previous five (5) years by all the
municipalities who are parties to this Agreement immediately prior to
its termination. The amount of the distribution to any party pursuant
to this Agreement shall be reduced by any amounts owed by the party
to the Authority.
-5-
11
f
11. Effective Date. This Agreement shall be in full force and
effect when all six (b) initial Members, delineated in paragraph 4 of
this Agreement, sign this Agreement. All Members need not sign the
same copy. The signed Agreement shall be filed with the City
Administrator of the City of Rosemount, 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.
IN WITNESS WHEREOF, the undersigned government units, by action
of their governing bodies, have caused this Agreement to be executed
in accordance with the authority of Minnesota Statutes §471.59.
Adopted this day of Adopted this day of
1990. 1990.
CITY OF APPLE VALLEY
CITY OF BURNSVILLE
By:
Its: Mayor
ATTEST:
jIts: City Clerk
Adopted this day of
1990.
By:
Its: Mayor
ATTES'.
By.
Its
Adopt
�z
ye�'
CITY OF EAGAN
By•
Its: Mayor
ATTEST:
Rv•
-1 Its: City Clerk
Adopted this day of
1990.
CITY OF ROSEMOUNT
By:
Its: Mayor
ATTEST:
Rv!
Its:. City Clerk
CITY OF PRIOR LAKE
By:
Its: Mayor
ATTEST:
Rv-
.Its: City Clerk
Adopted this day of
1990.
CITY OF SAVAGE
By:
Its: Mayor
ATTEST:
Rv!
Its: City Clerk
Agenda Information Memo
February 6, 1990 City Council Meeting
AGREEMENT OINT POWERS FOR CABLE MEMBERSHIP
I. Agreement, Joint Powers, Cable Membership --As a part of the Organizational Business
at the January 16 meeting, it was acknowledged that the Cities of Burnsville and Eagan
both agreed to a change in the term of Commission Directors for the Joint Cable
Commission from two (2) years to three (3) year terms. Enclosed on pages .3/ through
5-;?— is a memo and the amendment to the Burnsville/Eagan Cable Joint Powers
Agreement that accomplishes the change in the term of office from two (2) years to three
(3) years.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the amendment to the
Burnsville/Eagan Joint Powers Agreement that changes Cable Commissioners' terms of
appointment from two (2) years to three (3) years.
3�
IkEAGAN
Mal
/ L15
COMMUNICATIONS
COMMISSION
3830 nil 07 KNOB ROAD PO BOX 21199 EAGAN MN 55121
612 454.8100
M E M O R A N D U M
TO: CITY MANAGER BARTON AND CITY ADMINISTRATOR HEDGES
FROM: CABLE COORDINATOR REARDON
DATE: JANUARY 19, 1990
SUBJECT: AMENDMENT TO BURNSVILLE/EA AN JOINT POWERS AGREEMENT RE:
CABLE COMMISSIONER'S TERMS OF APPOINTMENT
BACKGROUND
Currently, Article VI. Section 2 of the Burnsville/Eagan Cable
Joint Powers Agreement states, "a director (commissioner) shall
serve for a term of two years". Furthermore, Article VI. Section
3 states, "The Council ... shall appoint one alternate to the
Commission for a term of one year".
DISCUSSION
1) Current Cities' policies require that all regular commissioners
be appointed to three year terms on all the other Cities' advisory
commissions.
2) The appointment policy for commission alternates differs for
the two Cities, with Burnsville alternates appointed for three year
terms while Eagan appoints alternates for one year.
3) It is the desire of both Cities to amend the Joint Powers
Agreement. so that the Cable Commission appointment process is
incorporated into the Cities' appointment policies.
4) The Joint Powers Agreement states the original terms of the
directors be staggered, so that after every year, two of each
City's four commissioners are appointed. Altering the terms to
three years, with the current appointment rotation, would result
in one year where there would be no regular director appointments.
RECOMMENDED ACTION
Based on conversation with Burnsville and Eagan staff, staff
recommends the Burnsville and Eagan City Councils adopt the
attached resolution.
3
AMENDMENT TO THE BURNSVILLE/EAGAN CABLE JOINT POWERS AGREEMENT
WHEREAS, the Cities of Burnsville and Eagan, Minnesota are the only
members of the "Joint and Cooperative Agreement Establishing a Commission for
the Administration of a Cable Communications System", (Joint Powers Agreement),
and
WHEREAS, the Cities of Burnsville and Eagan both appoint their
respective citizens to serve three year appointments as regular commissioners
on each Cities' advisory commissions, and
WHEREAS, the City of Burnvsille appoints their citizens to serve
three year terms as alternates on Burnsville's advisory commissions, while the
City of Eagan appoints their citizens to serve one year terms as alternates on
Eagan's advisory commissions, and
WHEREAS, both the City of Burnsville and the City of Eagan have
expressed the desire to amend the Joint Powers Agreement, so that the Agreement
is aligned with each City's current advisory commission appointment policies,
NOW, THEREFORE LET IT BE RESOLVED, that the City of Eagan adopt the
following amendment to change the existing language in the Joint Powers Agreement
to read as follows:
ARTICLE VI. Section 2. The Council of each member shall appoint by resolution
its four directors one of whom may be a member of the Council, and the other
three shall be residents of the member. A director shall serve for a term of
twe--(2) three 3 years or until replaced by the Council appointing said
director, provided, that
The commencement of such terms
hall be determined at the discretion m Directors shall serve
without compensation from the Commission.
ARTICLE VI. Section 3. The Council of each member shall appoint one alternate
to the Commission, with the term to be determined at
the discretion of the individual members who will be responsible to attend
Commission meetings and shall represent the member in the absence of a director.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Motion Made By: Its Clerk
Seconded By:
Those In Favor:
Those Opposed:
CERTIFICATIOp
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County,
Minnesota, do hereby certify that the foregoing amendment was duly passed and
adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in
a regular meeting thereof assembled this day of January, 1990.
E. J. VanOverbeke, City Clerk
City of Eagan
3 -2-
Agenda Information Memo
February 6, 1990 City Council Meeting
EXTENSIONIPRELIMINARY PLAT FOR AUTUMN RIDGE
J. Extension, Preliminary Plat for Autumn Ridge/James Development Company --Mr. Jim
Ostenson, representing James Development Company, has requested an extension of their
prelimina plat entitled Autumn Ridge which expires on February 21, 1990. Enclosed on
page is a letter from Mr. Ostenson stating that final plat application will be filed
by March 1. Therefore, considering a reasonable period of time for processing, it is
suggested that an extension of time be granted until August 1, 1990.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve an extension on the
preliminary plat for Autumn Ridge until August 1, 1990.
James Development Company
January 17, 1990
James L. Ostenson 7808 Creekridge Circle
President Suite 200
Bloomington, Minnesota 55435
JAN 1 8 1990
612,941-7805
Mr. Jim Strum
Director of Planning
CITY OF EAGAN
3830 Pilot Knob Road
Eagan, MN 55122
Re: Autumn Ridge
Dear Jim:
We would appreciate an extension on our preliminary plat approval for Autumn
Ridge which I understand expires on February 21, 1990.
Since our initial approvals, we have not been able to complete our final
engineering plans because of all the coordination that is necessary with Robert
Engstrom's plat and the construction of the new elementary school building. Most
of these details have been resolved and we anticipate making application for
Final plat by March 1, 1990.
Thank you for your kind consideration of this matter. Please contact me if you
have any questions.
Si Gere y
Jim Ostenson
JO/n
Agenda Information Memo
February 6, 1990, City Council Meeting
APPROVE RESOLUTIONYMNDOT SPEED STUDY
FEDERAL DR - WASHINGTON DRIVE TO BLACKHAWK HILLS RD
K. Approve Resolution Requesting MnDot Speed Study (Federal Drive - Washington
Drive To Blackhawk Hills Road) --Staff has received several comments regarding the
difficulty in complying with the 30 MPH speed limit that presently exists along this stretch
of roadway due to its downhill grade, good sight distance and limited access points.
In July of 1985, the City Council formally requested MnDOT to perform a speed study
on this same segment of roadway. As a result of their evaluation at that time the 30
MPH designation was issued in January of 1986.
This information and comments that the staff has been receiving is being forwarded to the
City Council to see if a request for a new speed study by MnDOT is warranted and/or
desired.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Resolution requesting
MnDOT to perform a speed study for Federal Drive from Washington Drive to Blackhawk
Hills Road.
RECEIVE BIDS AWARD CONTRACT UMP INSPECTION & REPAIR
WELLS #2 & #6
L. Contract 90-03, Receive Bids/Award Contract (Pump Inspection & Repair - Wells #2
& #6) --As a part of the ongoing maintenance program of the Utility Maintenance Division
of the Public Works Department, 2-3 wells are pulled every year to inspect their condition
to ensure continued efficient use. With this rotational schedule, every well and pumping
facilities are inspected every 6-7 years.
At 10:30 a.m. on Monday, February 5, formal bids will be received for this work. The
tabulation of bids received will be included with the Additional Information Packet. The
1990 Budget estimated an expenditure of approximately $30,000 for this work. However,
much of the costs cannot be determined until the well columns are actually pulled and
inspected. This contract provides for unit prices rather than a firm contract lump sum bid.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90-
03 (Pump Inspections & Repair - Wells #2 & #6) and award the contract to the lowest
responsible bidder.
JS
Agenda Information Memo
February 6, 1990, City Council Meeting
VACATE UTILITY ESMT OTS 1 & 2 BL 3, LOT 1 BL 2• & OUTLOT C
RAHNCLIFF 2ND ADDN
M. Vacate Utility Easement, Receive Petition/Order Public Hearing (Lots 1 & 2, Block
3; Lot 1, Block 2; and Outlot C, Ralincliff 2nd Addition) --Upon completion of the strip
retail center within the Rahncliff 2nd Addition, it was discovered that the building
encroached on dedicated water main utility easements in several locations. Subsequently,
it is necessary to vacate those portions of encroachment. The staff has received a petition
requesting this vacation and it would be appropriate to proceed with the scheduled public
hearing to formally consider any comments or concerns.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for the
vacation of utility easements (Lots 1 & 2, Block 3; Lot 1, Block 2, and Outlot C of
Rahncliff 2nd Addition) and schedule a public hearing to be held on March 6, 1990.
RECEIVE PETITIONIAUTHORIZE FEASIBILITY REPTI"'ESCOTT SO ADDN
N. Project 589, Receive Petit ion!Au th orize Feasibility Report (Wescott Square Addition)-
-As identified during the review of the proposed preliminary plat for the Wescott Square
Addition located in the southwest corner of Yankee Doodle Road and Elrene Road.
certain street and utility improvements must be provided before this plat can proceed with
final approval. Subsequently, the developers have petitioned for the installation of these
improvements to be performed under a City contract. All costs associated with this
feasibility report have been guaranteed by the petitioner if, for some reason, the project
is not approved at the public hearing or the plat does not proceed.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize
the feasibility report for Project 589 (Wescott Square -Streets & Utilities).
Agenda Information Memo
February 6, 1994, City Council Meeting
AUTHORIZE FINAL PYMT BRADDOCK TR & ELRENE RD - ST CONSTRUCTION
O. Contract 87-25, Authorize Final Payment (Braddock Trail & Elrene Road - Street
Construction) --The staff has received a request for final payment from the contractor
along with the certification from the consulting engineer of the contractor's satisfactory
compliance with City approved plans and specifications. All final inspections have been
performed by representatives of the Public Works Department and it has been determined
that this project is now ready for acknowledgement of completion, authorization of final
payment and assumption of maintenance responsibilities by the City.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 10th and final
payment for Contract 87-25 (Braddock Trail & Elrene Road - Streets) to Bituminous
Roadways, Inc., in the amount of $3,200.02.
AUTHORIZE FINAL PYMT NORTHVIEW PK RD & WESCOTT RD - SURFACING
P. Contract 88-03, Authorize Final Payment (Northview Park Road & Wescott Road -
Surfacing) --The City has received a request for final payment from the contractor along
with the certification from the consulting engineer indicating that the construction was
satisfactorily complied with in accordance with City approved plans and specifications for
the above -referenced contract. All final inspections have been performed by
representatives of the Public Works Department and it has been determined that this
project is now ready for acknowledgement of completion, authorization of final payment
and assumption of maintenance responsibilities by the City.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 9th and final payment
for Contract 88-03 (Northview Park & Wescott Road - Surfacing) in the amount of
$5,514.41 to Bituminous Roadways, Inc.
Agenda Information Memo
February 6, 1990, City Council Meeting
AUTHORIZE FINAL PYMT STONEY PTE BLACKRA'"X RIDGE & BLACKHAWK PONDS
TRUNK WATER MAIN & SANITARY SEWER
Q. Contract 88-1, Authorize Final Payment (Stoney Pointe, Blackhawk Ridge &
Blackhawk Ponds - Trunk Water Main & Sanitary Sewer) --The City has received a request
for final payment from the contractor along with the certification from the consulting
engineer indicating that the construction was satisfactorily complied with in accordance
with City approved plans and specifications for the above -referenced contract. All final
inspections have been performed by representatives of the Public Works Department and
it has been determined that this project is now ready for acknowledgement of completion,
authorization of final payment and assumption of maintenance responsibilities by the City.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 5th and final payment
for Contract 88-01 (Stoney Pointe, Blackhawk Ridge & Blackhawk Ponds - Trunk Water
Main & Sanitary Sewer) in the amount of $23,763.23 to Richard Knutson, Inc.
AUTHORIZE FINAL PYMT CLEARN IEW ADDN - STS
R. Contract 89-02, Authorize Final Payment (Clearview Addition -Streets)--The City has
received a request for final payment from the contractor along with the certification from
the consulting engineer indicating that the construction was satisfactorily complied with
in accordance with City approved plans and specifications for the above -referenced
contract. All final inspections have been performed by representatives of the Public
Works Department and it has been determined that this project is now ready for
acknowledgement of completion, authorization of final payment and assumption of
maintenance responsibilities by the City.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 4th and final payment
for Contract 89-02 (Clearview Addition - Streets) in the amount of $5,282.99 to McNamara
Contracting Company, Inc.
9 1
1
Agenda Information Memo
February 6, 1990, City Council Meeting
AUTHORIZE FINAL PYMT LCLIFF RD BOOSTER STATION
S. Contract 89-06, Authorize Final Payment (Cliff Road Booster Station) --The City has
received a request for final payment from the contractor along with the certification from
the consulting engineer indicating that the construction was satisfactorily complied with
in accordance with City approved plans and specifications for the above -referenced
contract. All final inspections have been performed by representatives of the Public
Works Department and it has been determined that this project is now ready for
acknowledgement of completion, authorization of final payment and assumption of
maintenance responsibilities by the City.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 2nd and final payment
for Contract 89-06 (Cliff Road Booster Station) in the amount of $397.50 to Northwest
Mechanical, Inc.
ACKNOWLEDGE COMPLETION BLACKHAWK PONDS - STS & UTILITIES
T. Contract 88-L, Acknowledge Completion (Blackhawk Ponds - Streets & Utilities) --The
installation of streets and utilities for the Blackhawk Ponds Addition was 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-L (Blackhawk Ponds - Streets & Utilities) and authorize the assumption of
maintenance responsibility subject to appropriate warranty provisions in accordance with
the subdivision development agreement.
Agenda Information Memo
February 6, 1990 City Council Meeting
FINAL PLAT MwN CENTRE 100 FIFTH ADDITION
U. Final Plat, Town Centre 100 Fifth Addition --All documents relative to the final plat
for Town Centre 100 Fifth Addition, including the development agreement, have been
processed by both the applicant and the Department of Community Development.
Assuming the agreements are properly signed and that all conditions have been met, the
final plat will be presented for approval at the February 6, 1990 City Council meeting.
If there are reasons that the final plat should be removed from the agenda, a
recommendation will be made at the time the agenda is adopted for that meeting.
Enclosed on page _�L 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 Town
Centre 100 Fifth Addition.
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Agenda Information Memo
February 6, 1990, City Council Meeting
FINAL ASSMT HEARING (O'NEIL TRUNK STORM SEWER
A. Project 443R, Final Assessment Hearing (O'Neil Trunk Storm Sewer) --On August 19,
1986, the final assessment hearing was originally held for the trunk area storm sewer
assessments associated with the storm sewer facilities installed adjacent to and within the
property owned by Robert O'Neil located north of Yankee Doodle Road and west of
Lexington Avenue. Due to the pending litigation associated with the rezoning of this
property and a written objection submitted by the property owner, the trunk area storm
sewer assessments against O'Neil's property was deleted from the final adopted assessment
roll. Now that the rezoning issues have been resolved, it is appropriate to reschedule the
final assessment hearing for this assessment.
There are two parcels affected by this assessment hearing as shown by the map contained
on page . Parcel 010-77 has a proposed assessment obligation of $172,596.96, and
Parcel 010-76 has an obligation of $50,219.57.
All notices were published in the legal newspaper and sent to the affected property owners
informing them of this final assessment public hearing. Enclosed on pages -LZ ?l.5
are formal written objections submitted by the attorney representing the O'Neils indicating
their intent to pursue this appeal through District Court. Therefore, in order to resolve
this final assessment obligation, it is necessary for the Council to close the public hearing
and formally adopt the assessments so that it can be properly addressed by District Court.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve the final assessment roll for Project 443 (O'Neil - Trunk Storm Sewer) for Parcels
010-77 in the amount of $172,596.96 and Parcel 010-76 in the amount of $50,219.5' both
located in Section 10 and authorize the certification to the County.
;3'A
1v ou b ry / A -9 -1—
I
lk
RICHA;IJ SIEGEL
JOSIA1, E DRILL. JR
JAMESR GREUPNER
GERALD S DUFFY
WOOD R FOSTER, JR
THOMAS GOODMAN
K. CRAIG WILDFANG
JOHN 5 WATSON
MURRAY R KLANE
BRUCE 14EDOCOCK
KATHLEEN A CONNELLY
TODO F sASSINGER
WM CHRISTOPMEP PENWELL
PATRICK E SULLIVAN
ANTHONY J GLEEKEL
SHERRI L BRICK
Lww OFFICES 1W Is
SIEGEL, BRILL, GREUPNER 8 DUFFY, P.A.
FORMERLY
GROSSMAN, KARLINS, SIEGEL a BRILL
SUITE 1350
100 WASHINGTON SOUARE
MINNEAPOLIS, MINNESOTA 55401
TELEPHONE 1612) 338.7131
TELECOPIER (6121339-6591
January 18, 1990
Mayor Thomas Egan
Mr. Eugene VanOverbeke, City Clerk
City of Eagan
3830 pilot Knob Road
Eagan, Minnesota 55122
Re: Objection to Proposed Assessment
Project No. 443
Parcel No. 10-01000-010-77
Our File No. 15,69OD-007
OF COUNSEL
M. L. GROSSMAN. P A
SHELDON D. KARLINS P A
RETIRED
ARNOLD A KARLINS
" 14 0
� clo
This written objection is made on behalf of Robert J. O'Neil
and Grace M. O'Neil to the proposed Special Assessment of
$172,596.96 for storm sewer trunk improvements on the
O'Neils' property which is located in the South half of the
southeast quarter except the north 208.72 feet of the east
264 feet and excepting the south 165 feet of the north
703.72 feet of the east 264 feet and excepting the south 165
feet of the north 373.72 feet of the east 264 feet, Section
10, Township 27, Range 23 (Parcel No. 10-01000-010-77),
Dakota County, Minnesota. A copy of the Notice of Special
Assessment to which this abjection applies is attached
hereto.
is that
Among the will reasonsfor
be benef itedttoectioneO'Neil
property the extent of this
assessment.
Please file this written objection.
Yours very truly,
4
Gerald S. Duf
GSD: j ah
cc: R. J. O'Neil and Grace M. O'Neil
4�
PICHARD SIEGEL
JOS'A. E 80"L JR
JAMES R GREUPNER
GERALD 5 OUrry
WOOD R FOSTER JR
THOMAS- GOODMAN
K CRAIG WILDrANG
JOHN S WATSON
MURRAT R KLANE
BRUCE NEDGCOCK
KATHLEEN A CONNELLY
TODD r 6ASSINGER
WM CHRISTOPHER PENWELL
PATRICK E SULLIVAN
ANTHONY J GLEEI(EL
SNERPI L fRICK
LAW OFFICES
SIEGEL, BRILL, GREUPNER a DUFFY, P.A.
FORMERLY
GROSSMAN, KARLINS. SIEGEL 6 BRILL
SUITE 1350
100 WASHINGTON SQUARE
MINNEAPOLIS, MINNESOTA 55401
TELEPHONE (6121 335 7131
TELECOPIER (612) 7356551
January 18, 1990
Mayor Thomas Egan
Mr. Eugene VanOverbeke, City Clerk
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Objection to Proposed Assessment
Project No. 443
Parcel No. 10-01000-010-76
Our File No. 15,690D-007
Or COUNSEL
M L GROSSMAN P A
SHELDON O KARLINS. P A
RETIRED
ARNOLD A KARLINS
This written objection is made on behalf of Robert J. O'Neil
and Grace M. O'Neil to the proposed Special Assessment of
$50,219.57 for storm sewer trunk improvements on the
O'Neils' property which is located in the South half of the
northwest quarter of the southeast quarter of Section 10,
Township 27, Range 23 (Parcel No. 10-01000-010-76), Dakota
County, Minnesota. A copy of the Notice of Special
Assessment to which this objection applies is attached
hereto.
Among the reasons for this objection is that the O'Neil
property will not be benefited to the extent of this
assessment.
Please file this written objection.
Yours very truly,
s
Gerald S. Duf
GSD:jah
cc: R. J. O'Neil and Grace M. O'Neil
q-5
Agenda Information Memo
February 6, 1994, City Council Meeting
FINAL ASSMT HEARING ffANKEE DOODLE RD - STS &UTILITIES
O'NEIL PROPER
B. Project 461, Final Assessment Hearing (Yankee Doodle Road - Streets & Utilities,
O'Neil Property) --On November 15, 1988, the final assessment hearing was held for the
improvements installed under the above -referenced project for Yankee Doodle Road
adjacent to the Robert O'Neil property. At the time of that final assessment hearing, a
formal objection was submitted and the affected property was subsequently deleted from
the adopted assessment roll. Enclosed on page is a map showing the location of
the affected parcel owned by Robert O'Neil.
Also enclosed on page and is a written objection from the attornev
representing the O'Neil's ihdicating theirt
nt to pursue this objection through a formal
appeal through District Court. Proposed assessments for both parcels were revised from
what was originally noticed for the November 15, 1988, final assessment hearing. This
revision resulted from the subsequent negotiated settlement of the rezoning issue and the
assessments are now based on the Commercial/Industrial rates.
All notices have been published in the legal newspaper and sent to the O'Neils informing
them of this final assessment hearing. In order to expeditiously and efficiently handle both
assessment appeals, it is recommended the Council close the public hearing and adopt
these assessment rolls as presented.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve the final assessment roll for Project 461 (Yankee Doodle Road - Streets &
Utilities) as it pertains to Parcel 010-77 in the amount of $336,227.47 and Parcel 010-56
in the amount of $98,243.20 all located in Section 10 and authorize their certification to
the County.
N014)v/;K-9-7
I
70,
.......
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... ...
. ........ .
.... . ........
',b
yo
RICHARD SIEGEL
IOSIAH E BRILL JR
JAMES R GREUPNER
GERALD S DUFFY
WOOD R. FOSTER, JR
THOMAS H GOODMAN
K. CRAIG WILDr ANG
JOHNS WATSON
MURRAY R %LANE
BRUCE HEDGCOCK
KATHLEEN A CONNELLY
TODD r. BASSINGER
WM CHRISTOPHER PENWELL
PATRICK E SULLIVAN
ANTHONY GLEEKEL
SHERRI L BRICK
LAW OrFICES
SIEGEL, BRILL, GREUPNER et DUFFY, P.A.
rORME RLT
GROSSMAN, KARLIN*> BIEGEL IN SRILL
SUITE 1300
loo WASHINGTON SQUARE
MINNEAPOLIS, MINNESOTA 55401
TELEPHONE (6121 339-7131
TELECOPIER MR) 339.6981
January 18, 1990
Mayor Thomas Egan
Mr. Eugene VanOverbeke, City Clerk
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Objection to Proposed Assessment
Project No. 461
Parcel No. 10-01000-010-77
Our File No. 15,690D-007
OF COUNSEL
M L GROSSMAN. P A
SNELDON O KARONS, P.A
RETIRED
ARNOLD A. KARLINS
This written objection is made on behalf of Robert J. O'Neil
and Grace M. O'Neil to the proposed Special Assessment of
$336,227.47 for water and sanitary sewer service, storm
sewer lateral, street and trail improvements on the O'Neils'
property which is located in the south half of the southeast
quarter except the north 208.72 feet of the east 264 feet
and except the south 165 feet of the north 703.72 feet of
the east 264 feet and except the south 165 feet of the north
373.72 feet of the east 264 feet, Section 10, Township 27,
Range 23 (76.75 acres - Parcel No. 10-01000-010-77), Dakota
County, Minnesota. A copy of the Notice of Special
Assessment to which this objection applies is attached
hereto.
Among the reasons for this objection is that the O'Neil
property will not be benefited to the extent of this
assessment.
Please file this written objection.
Yours very truly,
FR
f,
Gerald S. Du
/.,
cc: R. J. O'Neil and Grace M. O'Neil
or
�B
RICHAP^, SIEGEL
JOSIA" E DRILL JR
JAMESP GPEUPNER
GERALD 5 DUFF'
WOOD R FOSTER, JR
THOMAS GOODMAN
K CRAIG WILDFANG
JOHN S WATSON
MURRAY R KLANE
NRUCE HEDGCOCK
KATHLEEN A CONNELLV
TODD F sASSINGER
WM CHRISTOPHER PENWELL
PATRICK E SULLIVAN
ANrHONYi GLEEKEL
SHERRI L 6RICK
LAW OFFICES
SIEGEL, BRILL, GREUPNER & DUFFY, P.A.
FORMERLr
GROSSMAN. KARLINS, SIEGEL A SRILL
su1TE 1350
100 WASHINGTON 6OUARE
MINNEAPOLIS, MINNESOTA 55401
TELE►MOME 16121 339.7131
TELECO►IER 16121 3396591
January 18, 1990
Mayor Thomas Egan
Mr. Eugene VanOverbeke, City Clerk
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Objection to Proposed Assessment
Project No. 461
Parcel No. 10-01000-010-56
Our File No. 15,690D-007
Or COUNSEL
M L GPOSSMAN, P A
SHELDON D KARLINS P A
RETIMED
ARNOLD A. KARL -NS
-
1.� t %it
A
This written objection is made on behalf of Robert J. O'Neil
and Grace M. O'Neil to the proposed Special Assessment of
$98,242.40 for storm sewer roterty'whicstrheis locatedand ain
improvements on the O'Neils' propquarter of the
the east two/thirds of the southeast q
southwest quarter except beginning at the southwest corner
north 558.73 feet right 90 degrees 30 feet to the beginning
continuing east 208.73 feet right 90 degrees 208.73 feet
right 90 degrees 208.73 feet right 90 degrees 208.73 feet to
the beginning except 75/100ths acre contained in Parcel 65
19-44,
of the State Trunk Highway Right of Way Plai0No. 19 010,
Section 10, Township 27, Range 23 (Parcel oof.the Notice of
56), Dakota County, Minnesota.
Special Assessment to which this objection applies is
attached hereto.
Among the reasonsfor
benefitedtton is that the the extent of ,this
Neil
property will not
assessment.
Please file this written objection.
Yours very truly,
Gerald S. Duffy
GSD:jah
cc: R. J. O'Neil and Grace M. O'Neil
0
Agenda Information Memo
February 6, 1990, City Council Meeting
STRATFORD OAKS ADDN STORM & SANITARY SEWER
C. Project 549R, Stratford Oaks Addition (Storm & Sanitary Sewer) --On January 16, a
public hearing was scheduled to reconsider the installation of storm and sanitary sewer
facilities to service the proposed Stratford Oaks Addition. However, the notices for that
particular public hearing did not contain the updated accurate information contained in
the revised feasibility report included as pages -5/ through L9. Subsequently, it was
rescheduled for February 6. All notices have been published in the legal newspaper and
sent to all affected property owners informing them of this public hearing. This
improvement is necessary for the proposed development of the Stratford Oaks Addition
which is anticipated to have their final plat processed within the next 30 - 60 days.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve Project 549R (Stratford Oaks .Addition - Storm & Sanitary Sewer) and. if
approved, authorize the preparation of detailed plans and specifications.
isD
Report for
Stratford Oaks
Utility improvements
project No. 5498
Eagan 'Minnesota
1990
File No, 49465
S�
Bonestroo
aRosene
Anderiik &
Associates
Engineers & Architects
January 23, 1990
Otto G Bonesroo, P.E.
Keen A Gordon. RE
Michae: C LynCh PE
James R Morand. RE
Marx D ualrs PE
Thornas R Andersor AIA
Robert W. Rosen. PE
C Andenik PE.
Ricard it' Foser. PE
Donald C Burgardt PE
Kenneth P Andersor, PE
Gay r Rylanoec RE
Joseph
Rchard E. Turner PE
Jerry A Bourdon PE
Mark R Rolls PE
A i A
Miles B Denser RE
L Pt+dirr Grave. 41' PE
James C Olson PE.
Marx A. Hanson. RE
Roben C RusseK
Thomas E Angus. PEE
Cranes A EncKscn
Glen's R Cook. PE
Te^ K reld. PE
Mchae: T Rautmann. PE
Howard A Sanford PE
Leo M. Pawelsky
Tno'nas E Noyes- RE
Robert G. SChunicnt PE
Robe^. R Pfeflerle PE
Cane. : Edgerton PE
Marfan M Olsor
Marvin L Sorvala. P.E.
Dav d O Loskota RE
Mark A. Seip. RE
Susan M. Eb&.n CAA
Thomas W Peterson. RE
Philip J Caswell. PE
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Stratford Oaks
Sanitary and Storm Sewer Improvements
Project No. 549R
File No. 49465
Dear Mayor and Council:
Enclosed is our report for Stratford Oaks Sanitary and Storm Sewer Improve-
ments, Project No. 549R. This report covers sanitary and storm sewers and in-
cludes a preliminary assessment roll and is an update of a previous report
prepared on August 2, 1988.
We would be pleased to meet with the council and other interested parties at a
mutually convenient time to discuss any aspects of this report.
Yours very truly,
BO STR0 ND
RO ENE, AER:.IK & ASSOCIATES, INC.
17
Mark A. Hanson
MAH:li
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of tie State @f Minnesota.
,Ij o
Mark A. Hanson
Date: January 23 1990 Reg. No. 14260
Approved by:
De$artment of public Works
Date. L
RPT49465
2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600
SCOPE: This project provides for the construction of sanitary and storm sewer
serving Stratford Oaks. Stratford Oaks is located in the southwest corner of
Co. Rd. No. 30 and Thomas Lake Road and includes 328 townhome units. The
townhomes consist of 23-8 unit buildings and 9-16 unit buildings.
FEASIBILITY AND RECOMMENDATIONS: The project as outlined herein is feasible
from an engineering standpoint and is in accordance with the Master Sanitary
Sewer and Storm Sewer Plans for the City of Eagan. The project can best be
carried out as in one contract.
DISCUSSION:
Sanitar Sewer - Sanitary sewer proposed herein includes an 8' diameter sani-
tary sewer constructed along the westerly side of Thomas Lake Road from Clem-
son Drive as shown on the attached drawing. The sanitary sewer is designed
only to serve Stratford Oaks. The sanitary sewer will connect to an existing
8" sanitary sewer in the newly constructed Boulder Ridge development which is
properly sized to serve Stratford Oaks. Boulevard restoration north of Clem-
son Drive and patching in Thomas Lake Road is also required. It is assumed
Thomas Lake Road will be open cut. The sanitary sewer will be constructed to
the easterly edge of the Williams Pipeline easement.
Storm Sewer - Storm sewer proposed herein includes extending an existing 12'
RCP storm sewer in Thomas Lake Road at minimum grade to the internal pond
located in Stratford Oaks. The internal pond for purposes of this report is
designated as Pond BP -5a. Listed below are design considerations for Pond
BP -5a in Stratford Oaks.
Drainage Storage Normal Water High Water Outflow
Area Requirement Level Level cfs
Pond BP -5a 38.3 acs. 6.9 ac -ft. 898
903.5 3 cfs
R49465R
Page 1.
S3
The outflow requirement for Pond BP -5a represents the cape
isting 12" RCP. Due to the elevation of the existing 12" RI
ed approximately 1' of water will fill the ponding area based on existing
elevations. Storm sewer proposed herein is shown on the attached drawing.
EASEMENT: No easements are required for this project. All work is included
in this development or on public right-of-way.
AREA TO BE INCLUDED:
ASSESSMENT AREA
NW 14 SECTION 28
Parcel 010-25 (Stratford Oaks)
Parcel 010-26 (Stratford Oaks)
THOMAS LAKE HEIGHTS
Outlot B
COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at
the back of this report and are summarized as follows:
Sanitary Sewer $ 45,660
Storm Sewer 28,850
TOTAL PROJECT COST ................. $ 74,510
The total project cost is estimated at $74,510 which includes contingen-
cies and all related overhead but does not include any costs associated with
easement acquisition. Overhead costs are estimated at 302 and include legal,
engineering, administration and bond interest.
ASSESSMENTS: Assessments are proposed to be levied against the benefited
property. A preliminary assessment roll is included at the back of this re-
port in Appendix B. The assessments will be spread over 10 years. The inter-
est rates will be based upon the bond sale issue used to finance this project.
Page 2.
R49465R
moi.
SANITARY SEWER: Sanitary sever proposed herein is considered lateral and is
proposed to be assessed on a front foot basis against the existing parcels to
be platted as Stratford Oaks. The allocation of this assessment with the
platting of the property should be on an area basis or a per unit basis as
defined in the related Development Agent. Trunk area sanitary sever was
previously assessed.
STORM SEWER: Storm sever proposed herein is considered trunk. It is proposed
to assess the area shown on the attached drawing trunk area storm sever in
accordance with City of Eagan fee schedule for 1988.
TRUNK ASSESSMENT RATES: Trunk assessment rates established in the 1988 City
of Eagan fee schedule proposed to be assessed as part of this project are as
follows:
Storm Sewer
Trunk Area - Multi -Family $0.070/sq.ft.
REVENUE: Revenue sources to cover the cost of this project are listed below:
SANITARY SEWER
Project
Cost Revenue Balance
Lateral $ 45,660 ---
Lateral Assessment --- 45 660
$ 45,660 $ 45,660 -0-
STORM SEWER
Trunk $ 28,850 ---
Trunk Area Assessment --- 86,061
$ 28,850 $ 86,061 +$57,211
TOTAL BALANCE ............... +$57,211
The anticipated project balance is +$57,211.
Page 3.�
R49465R
PROJECT SCHEDULE
Present Feasibility Report
Public Hearing
Approve Plans and Specifications
Open Bids/Avard Contract
Construction Completion
Final Assessment Hearing
First Payment Due with Real Estate Taxes
R49465R
Page 4.
6 �q
December 19, 1989
January 16, 1990
Spring, 1990
Spring, 1990
Summer, 1990
September, 1990
May, 1991
APPENDIX A
PRELIMINARY COST ESTIMATE
STRATFORD OAKS
UTILITY IMPROVEMENTS
PROJECT NO. 549R
A.) SANITARY SEWER
950
Lin -ft.
8' PVC Sanitary Sever in pl. @ $19.00/l.f.
$18,050
6
Each
Std. MH v/cstg. @ $1,000.00/ea.
6,000
20
Lin.ft.
MH depth greater than 8' dp. in pl. @ $60.00/1.f.
1,200
1
Each
Connect to existing MH @ $500.00/ea.
500
950
Lin.ft.
Improved pipe foundation @ $1.00/1.f.
950
LUMP
SUM
Street repair @ $2,000.00/L.S.
2,000
LUMP
SUM
Boulevard restoration @ $2,000.00/L.S.
2,000
1.2
Acres
Seed v/fertilizer & mulch @ $1,500.00/ac.
1,800
950
Lin.ft.
Mechanical trench compaction @$1.00/1.f.
950
$33,450
Total
+51 Contingencies
1.670
$35,120
+301 Legal, Engrng., Admin. & Bond Interest
10,540
TOTAL SANITARY SEWER ................................
$45,660
B.) STORM SEVER
160
Lin.ft.
12" RCP Storm sever, 0'-15' dp. in pl. @ $30.00/1.f.
$ 4,800
210
Lin.ft.
12" RCP Storm sever, 15'-30' dp. in pl. @ $50.00/1.f.
10,500
2
Each
Std. 4' dia. MH v/cstgs. @ $1,000.00/each
2,000
40
Lin.ft.
MH depth greater than 8' dp. @ $60.00/1.f.
2,400
1
Each
12' RCP apron v/trash guard @ $400.00/each
400
1
Each
Connect the existing 12" Storm sever @ $500.00/each
500
160
Lin.ft.
Improved pipe foundation @ $1.00/l.f.
160
370
Lin.ft.
Mechanical trench compaction @ $1.00/1.f.
370
$21,130
Total
+51 Contingencies
1.060
$22,190
+301 Legal, Engrng., Admin. & Bond Interest
6,660
TOTAL STORM SEWER .................................
$28,850
R49465R
Page 5.
D 7
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
STRATFORD OAKS
UTILITY IMPROVEMENTS
PROJECT NO. 549R
A . ) SANITARY SE IER
Parcel
Descri tion
NW 1/4, SECTION 28
Parcel 010-26
Parcel 010-25
THOMAS LAKE HEIGHTS
Outlot B
B.) STORM SEWER - TRUNK AREA
Parcel Area
DesSLi tion S .ft.
Parcel 010-26 1,236,670
Parcel 010-25 387,240
Assessable
Rate/
Total
Footage
Rate/F.F.
Assessment
150
$41.89
$ 6,283
590
41.89
24,715
350
$41.89
$141662
1,090
$45,660
Credit
-(Sq. ft.
Pond (43,560)
Street 202
Pond (43,560)
Street 201
Page 6.
Assessable
Rate/
Total
Area (Sg.ft.)
Sg•ft.
Assessment
954,490
$0.070
$66,814
274,950
0.070
19,247
$86,061
SUMMARY
PRELIMINARY ASSESSMENT ROLL
STRATPORD OAKS
Parcel
Sanitary
Storm Sever
Total
Description
Sever
Trunk Area
Assessment
NW 114, SECTION 28
Parcel 010-25
$24,715
$19,247
$43,962
Parcel 010-26
6,283
66,814
73,097
THOMAS LAKE HEIGHTS
Outlot B
$14,662
---
$14,662
Page 7.
R49465R
� I
i PROPOSED
B." SANITARY
010-25 .1,r `` SEWER
5; �\
� A mm
\ �Q.
of N` \
i
,tel 11 010-26 "W-
200 0 200
STRATFORD OAKS
SANITARY SEWER
PROJECT No. 549R
EAGANoWNNESOTA
a \
��
rHEINE
,1
LAKE
( eP-5
1\
J \
OUTL.OT 8 �� �� LE SO C
yrs law /` •`, ��
W �
J
SEWER
fwmmww
Aid.rijt •
SL
Date: AUG, 2, 88 No. I
Comm. 49465 rFj 9'
� E V. 1 1 / 22 /90
f r--}
'8P-
I �
> I i
/ , 1
010-25 PROPOSED
"STORM r
12 SEWER HE1NE
POND �� 'Ay ,1 LAKE
BP-5/ EX. S RM
� S
/,'" \ \ \
OUTBLOT
LE SO C
010-26
JAJ
200 0 200
Scale in fest '
STRATFORD OAKS,,r
Swms.rr�r� s
STORM SEWER
ft wry w,...•�
PROJECT No. 5498 Date: AUG. 2, 88
EAGAN, MINNESOTA L Comm. 49465 Fig. No. 2
REV.= 1/22/90
Agenda Information Memo
February 6, 1990, City Council Meeting
SILVER BELL ADDITION(WATER MAIN
D. Project 588, Silver Bell Addition (Water Main) --With the recent issuance of the
building permit for Lot 3, Block 1, Silver Bell Addition, it has been determined necessary
to loop the water main facilities in this area and the adjacent Wuthering Heights
neighborhood to provide a continuously looped water distribution system to ensure
adequate pressure, supply and water quality. The feasibility report was presented to the
City Council o December 19 with the public hearing scheduled for February 6. Enclosed
on pages throughJ!R: is a copy of that feasibility report for the Council's
information and review during the presentation by staff for this public hearing. All notices
have been published in the legal newspaper and sent to all potentially affected property
o,Amers informing them of this public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve/deny the installation of Project 588 (Silver Bell Addition - Waterrnain) and, if
approved, authorize the preparation of detailed plans and specifications.
COUNTY ROAD No. 30
010-25'
•010-25'
010-26
i
yf :
Scale 1" = 300'
jy THOMAS LAKE HEIGHTS
0
'9
'Outlot ' B: -
BA YL OR BAYLOR CO
vR
'90
TRUNK STORM
ASSESSMENT AREA
STRATFORD OAKS
ASSESSMENTS
TRUNK AREA STORY SEWER
PROJECT No. 549R
EAGAN, MINNESOTA
Donestr00 !n/r n a 4r.wrl.�Na
Aa+wclal.r 9L ry.a USANGO S
Dote: AUG 2, 88 Fi. No. 3
Comm. 49465 9
;� REV : ►/22/90
Report for
Silver Bell Addition
Water Main Improvements
0
C9 �
Project No. 588
Eagan, Minnesota
Jan. 1990
File No. 49501
Bones t roo
Rosene
Anderlik &
Associates
Engineers 3 Architects
January 8, 1990
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Otte G Song= PE
Kee,, A GOrGon PE
MxW. C LyrKh, PE
Mirk D %&,^L PE
Robm W Rosene PE
Rewo W Fust.-- PE
times R M&%M, PI
TrKxm R Anderm AIA
Joseph C AndMik PF
Dm W C Surge* PE
Kemeth P Andewn. PE
Gary F RyWxW. PE
R ,wa E Turner, PE
Awry A So~ PE
Mirk R R7Rl PE
AAIks 6 Jensen RE
.Fames C Lawn PE
Mark A 4ansor. PE
Robert C Russek A.IA
L Pharp Gr" nL PE
Glenn R Cook, PE
Teo K field. PE
Thonsas E ArquL PE
Gharks A Erkkwn
Thongs E Noyes PE
MKhaC T RaWrom PE
Mowara A SBnbrti P.E.
Lao M F^%Vbky
Robert G kAar P4 PE
Robert R Pkftle PE
Darr.-' J Edgerton. PE
Martin M Dison
Marvr L imvala PE.
Dead Q LOAM PE
Mane A Seq. PE.
Susan M Ebe4rt CPA
Thomas W. Paxrwn PE
"ft J CNVAL P.E
Re: Silver Bell Addition
Nater Main Improvements
Project No. 588
our Pile No. 49501
Dear Mayor and Councils
Transmitted herewith is
for
endSilver
asseasmeatAddition Yater Main. Also
included is a preliminary cost esticPgre
We will be pleased to meet with the Council and other interested parties at a
mutually convenient time to discuss this report.
Yours very truly,
BONE TR00, ROSENE, ANDERLIK i ASSOCIATES, INC.
Mark A. Hanson
MAH : l i
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of t Sia of innesot&.
J, hark A. ancon
'Date: 9 Vt/ Reg. No. /Vpiva
Approved
Da
RPT49501
2335 Wbst Highway 36 9 St. Paul, Minnesota 55 •x,12-636-4640
SCOPE: This project provides for the construction of lateral water mains
adjacent to Silver Bell Addition. Silver Bell Addition is located northwest-
erly of Silver Bell Road north of T.B. No. 13 and presently includes two
apartment buildings on Lots 1 and 2 and a third apartment building under
construction on Lot 3. The looping of the water main proposed herein is
necessary to insure uninterrupted service, constant pressure and better water
quality. The proposed water mains will connect Lot 3 with the existing water
mains serving Lots 1 and 2.
FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering
standpoint and is in accordance with the objectives established in the compre-
hensive Water Plans. The project can best be carried out combined with a
similar type project.
DISCUSSION: Water mains proposed herein provide for constructing a 6" and 8"
water main as shown on the attached drawing. The 8" water main will be con-
structed along Silver Bell Road connecting to the existing 8" water main
serving Lots 1 and 2 previously constructed in 1972 (Project No. 65A). The 61
water main is proposed to be constructed along the northerly line of Outlot 1
and Lot 3. The 6" water main will connect to the new 8" rater main serving
Lot 3 and the existing 6" water main serving Wuthering Heights Road previously
constructed in 1980 (Project No. 265). Silver Bell Addition is located in the
low pressure zone and will experience residual and static pressures of
approximately 71 psi.
Page 1.
0 RPT49501
EASEMENTS: Utility easements are required to complete the water main con-
struction proposed herein. The proposed and existing 8" water main along
Silver Bell Road is located in the previous right-of-way for Silver Bell
Road. The Cedar Avenue Free- way forced the reconstruction of Silver Bell
Road and additional right-of-way was acquired. However, the City has since
vacated the old right-of-way for Silver Bell Road where the existing and
proposed water main is located. Therefore, additional utility easements are
required across Lots 1 and 2 (Silver Bell Addition) for the existing and
proposed 8" water main along Silver Bell Road. Additional utility easement is
also required for the 6" main located across the north line of Outlot 1.
Listed below is the amount of easement required across each lot for this
project.
Parcel
Permanent
Description
Easement
SILVER BELL ADDITION
Lot 1
2,700 sq.ft.
Lot 2
2,400 sq.ft.
Outlot 1
400 sq.ft.
5,500 sq.ft.
The estimated cost for easement acquisition is $2,750 which assumes
$0.50/sq.ft.
RPT49501
Page 2.
Un-
COST ESTIMATES: Detailed cost estimates are presented in Appendix A located
at the back of this report and summarized below:
Stater Main $22,540
Easements 2,750
$25,290
The total estimated project cost as outlined herein including contingen-
cies easements and all related overhead is $25,290. Overhead costs are
estimated at 30Z and include legal, engineering, administration, and bond
interest.
AREA TO BE INCLUDED
ASSESSMENT AREA
SILVER BELL ADDITION
Lot 2, Block 1
Lot 3, Block 1
Outlot 1
ASSESSMENTS: Assessments are proposed to be levied against the benefited
property as shown on the attached drawings. A preliminary assessment roll is
included at the back of this report in Appendix B. These assessments will be
spread over 10 years at an interest rate based on the bond sale financing this
project.
WATER MAIN: Stater main proposed herein is lateral. Therefore, it is proposed
to assess the benefiting property in accordance with City Policy. Attached to
this report is a drawing showing the proposed front foot assessment. Parcel
Ir Page 3.
RPT49501
060-78 was previously assessed and benefits from this project. Therefore, in
determining the assessments to the other benefiting parcels, the previous
assessment to Parcel 060-78 was subtracted from the project cost to determine
the assessment rate for this project.
($25,290 - $2,660 - $22,630; $22,630 - (130' + 150' + 190') - $48.15/F.F.)
Parcels in this area have been previously assessed for trunk area water main.
REVENUE: Revenue sources to cover the cost of this project are listed below:
WATER
Lateral
Project Cost Revenue Balance
$22,540
Easements 2,750
Lateral Assessment
Previously Assessed Parcel 060-78
TOTAL ....................... $25,290
PROJECT SCHEDULE
Present Feasibility Report
Public Hearing
Approve Plans and Specifications
Open Bids/Award Contract
Complete Construction
Assessment Hearing
First Payment Due with Real Estate Taxes
RPT49501
Page 4.
$22,630
2,660
$25,290 - 0 -
January 4, 1990
February 6, 1990
Spring, 1990
Spring, 1990
Summer, 1990
September, 1990
May, 1991
0
APPENDIX A
PRELIMINARY COST ESTIMATE
SILVER BELL ADDITION
WATER MAIN IMPROVEMENTS
PROJECT NO. 588
Item
DIP Water Main
DIP Water Main
Gate valve and box
" Gate valve and box
rittings
Connect DIP water main to
existing water main
Improved pipe foundation
Mechanical trench compaction
Seeding
RPT49501
Total
Unit Quantity
L.F.
130
L.F.
360
Each
1
Each
1
Lb.
300
Each
4
L.F.
200
L.F.
490
Ac.
1
+5i Contingencies
Unit Price
$ 24.00
20.00
700.00
500.00
2.00
500.00
2.00
1.00
1,500.00
+30I Legal, Engrug, Admin. & Bond Interest
TOTAL......................................
Page 5.
'1U
Total Cost
$ 3,120.00
7,200,00
700.00
500.00
600.00
2.000.00
400.00
490.00
1.500.00
$16,510.00
830.00
$17,340.00
5.200.00
$22,540.00
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
SILVER BELL ADDITION
'CATER MAIN IMPROVEMENTS
Parcel
Assessable
Total
Description
Footage
Rate/F.F.
Assessment
SILVER
BELL ADDITION
Lot 2,
Block 1
130 F.F.
$48.15
$ 6,259.00
Lot 3,
Block 1
150 F.F.
48.15
7,222.00
Outlot
1
190 F.F.
48.15
949^00
TOTAL ......................
$22,630.00
RPT49501
Page 6.
Agenda Information Memo
February 6, 1990, City Council Meeting
VACATE UTILITY EASEMENT IFFLEY RD THOMAS LK RD EXTENDED
E. Vacate Utility Easement (DiMey Road @ Thomas Lake Road Extended) --On
December 5, the Council received a request and scheduled a public hearing to be held on
January 2 to consider the vacation of a drainage and utility easement recently acquired by
the City to accommodate the installation of a sanitary sewer and water lateral stub to the
north as a part of the Diffley Road (County Road 36) upgrading near the intersection of
Thomas Lake Road. Due to the change of the Council meeting from January 2 to
January 4, it was recommended by the City Attorney's Office to reschedule this public
hearing to February 6 to ensure adequate notice of all affected parties. Subsequently, all
notices were republished in the local newspaper and resent to all potentially affected utility-
companies informing them of this new rescheduled public hearing. Enclosed on page
is a legal description and sketch showing the location of the easement to be vacated.
The new replacement easement has been dedicated to the City and the utilities have been
installed within the newly dedicated easement. As of this date, the City has not received
any objections to the proposed vacation.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve the vacation of the drainage and utility easement as described located north of
Diffley Road at Thomas Lake Road extended and authorize the Mayor and City Clerk to
execute all related documents.
O
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Drainage and utility easement to be vacated is part of Easement Document No. 898672, as record
with the Dakota County Recorder's Office and is described as follows:
That part of the Southeast Quarter of the Southwest Quarter, Section 21, Township 27 North, Ran
23 West, Dakota County, Minnesota, described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter;
then
on an assumed bearing of South 89 degrees 13 minutes 55 seconds West 318.52 feet along the soy;
line of said Southeast Quarter of the Southwest Quarter; thence North 0 degrees 46 minutes
seconds West 60.00 feet to the northerly right of way line of C.S.A.H. No. 30 as designated
DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 26C according to the recorded map thereof, and the poi
of beginning of the easement to be described; thence continue North 0 degrees 46 minutes
seconds West 45.00 feet; thence North 89 degrees 13 minutes 55 seconds East 30.00 feet; they
South 0 degrees 46 minutes 05 seconds East 45.00 feet to said northerly right of way lire; they
South 89 degrees 13 minutes 55 seconds West 30.00 feet along said northerly right of way li
to the point of beginning.
0
P.I.D. 02100-011-51
4 4
yQ
j
EASEMENT TO
a3
BI VACATED
I30
...........
ADDITIONALLY ACQUIRED
Road
DRAINAGE b UTILITY
Dif f ley
EASEMENT
MH -5
..
V)
N
I � W
I
Drainage and utility easement to be vacated is part of Easement Document No. 898672, as record
with the Dakota County Recorder's Office and is described as follows:
That part of the Southeast Quarter of the Southwest Quarter, Section 21, Township 27 North, Ran
23 West, Dakota County, Minnesota, described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter;
then
on an assumed bearing of South 89 degrees 13 minutes 55 seconds West 318.52 feet along the soy;
line of said Southeast Quarter of the Southwest Quarter; thence North 0 degrees 46 minutes
seconds West 60.00 feet to the northerly right of way line of C.S.A.H. No. 30 as designated
DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 26C according to the recorded map thereof, and the poi
of beginning of the easement to be described; thence continue North 0 degrees 46 minutes
seconds West 45.00 feet; thence North 89 degrees 13 minutes 55 seconds East 30.00 feet; they
South 0 degrees 46 minutes 05 seconds East 45.00 feet to said northerly right of way lire; they
South 89 degrees 13 minutes 55 seconds West 30.00 feet along said northerly right of way li
to the point of beginning.
Agenda Information Memo
February 6, 1990 City Council Meeting
TIF -LAND ICE ARENA PRO CT
A. Consider Public Hearing Date of 3/20190 to Consider Tax Increment Financing for Tri -
Land Properties' Commercial Development Ice Arena Project --At the January 16, 1990
City Council meeting consideration to set a public hearing date to consider tax increment
financing for Tri -Land Properties' commercial development and ice arena project was
continued until the February 6 meeting to further address the question of ownership and
a number of questions that were raised by City Councilmembers at the January 16
meeting. For a copy of the list of questions that were directed by the City �5z
l to staff
and representatives of Tri -Land Properties, refer to pages 2 through These
questions were provided by the City Council to the City Administrator's office on Monday,
January 22.
A meeting between City staff, developers and consultants for both the City and Tri -Land
Properties was held on Wednesday, January 24 for the purpose of addressing the question
of ownership and preparing a response to the Council's questions. Another meeting was
held Tuesday, January 30 with Tri -Land Properties and various consultants to review a
revised proposal that includes a scaled down version of the ice arena project under private
ownership and a second option for public ownership. The Finance Committee, Mayor
Egan and City Councilmember Pawlenty held a meeting Wednesday, January 31 at 7:30
a.m. at the Eagan Municipal Center Building to consider the revised proposal. The
Finance Committee asked a number of questions of the developer and consultants covering
the business proforma projections, the two ownership proposals and among other issues,
projected time table for completing the project. The Finance Committee concluded that
the private ownership option addressed many of the questions that were raised by the City
Council at the January 16 meeting. For a copy of a letter from Tri -Land Properties that
responds to many of the questions and revised prop�o�sa�l that include a private ownership
3
as option number 1, refer to pages through ! � E • The City's bond counsel, Steve
Rosholt of Faegre and Benson, has alsoaddre ed the twenty (20) questions and for his
response, refer to pages through Z7
For a cop of a letter from Dave MacGillivray of Springsted, Inc., refer to pages
through.
Also enclosed on page haD- is a letter from Independent School District #196 that
addresses the proposal and inability to assume any financial obligation beyond the cost for
ice time needs as it relates to figure skating, junior varsity and varsity hockey programs.
Agenda Information Memo
February 6, 1990 City Council Meeting
If a public hearing is scheduled for March 20, it is the intention of the City staff to secure
an executed copy of the development agreement addressing the financing and development
issues relative to the project.
A representative of Tri -Land Properties will represent the revised plan for the ice arena
at the meeting on Tuesday. The City's bond counsel and fiscal consultant will be available
for a presentation and questions the City Council might have regarding the project as it
was revised and presented to the Finance Committee.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny setting a public
hearing for the March 20, 1990 City Council meeting to consider an economic
development district plan and tax increment financing plan with a commercial
development/ice arena project as proposed by Tri -Land Properties.
1/23/90
QUESTIONS/TIF FOR ICE ARENA
1. When did multifamily units become a part of the proposal?
2. How do we justify using public dollars to indirectly, or
directly, finance multifamily units when at the same time, we
have undertaken to limit the development of that type of
housing?
3. Since the proposal now calls for only a partial building,
shouldn't the costs decrease?
4. Will the City be obligated for any up front costs? What are
the City's out-of-pocket expenses (actual and potential)?
5. Have we exhausted all private ownership options?
6. What is the length of time attached to the "but for" test?
7. How will we protect existing merchants? Will the developer
consider covenants in this regard?
B. Will the developer pay for operating costs?
9. What are the risks noted as "non-payment of property taxes"
and "changes in the Minnesota property tax system" on page 4
of the Springsted letter dated 1/12/90?
10. Could the City's consultants make recommendations or present
a critique of the proposal once it is finalized?
11. What are the nature and kinds of single-family housing
proposed?
12. What are the nature and kinds of multifamily housing proposed?
13. What is the developer's response to the assumption that
residential development generates more demand for public
services while causing loss of revenue?
14. Who is responsible for the uncovered costs for:
a. Deferred maintenance?
b. Other depreciation?
c. Other operational and maintenance expenses?
15. Please address the non-conformance issue with City TIF policy
as it relates to:
a. Retail use.
b. The apparent limited partnership ownership.
C. The nature of jobs created.
16. There are several "possibilities" regarding public ownership.
Is there a specific proposal involving public ownership? Are
there any firm options from which to choose?
17. Does the residential portion of the development have to be
part of the "but for" test?
18. What is the school district's position regarding this project?
19. Do other retailers support, or at least not oppose, this
development?
20. How do our citizens stand on the ice arena/community center
issue? can one public hearing give us that answer?
Z\TRI -LAND COMPANIES Towne Centre Professional Bldg.
_'0&Suite 202
1260 Yankee Doodle Road
Eagan, MN 55121
612452-7850
January 30, 1990
Honorable Mayor & City
Council Members
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: TRI -LAND TIF APPLICATION
Dear Mayor & Council Members:
Attao'Aed is a copy of the most recent TIF plans which have been
prepared by Pubiicorp. This revised application is offered to
incorporate the concerns brought forth by the Mayor and Council
Members on Tuesday, January 16th. The following offers explana-
tion regarding issues which the Council had raised in questions
forwarded to Tom Hedges on January 23, 1990. The attached ap-
plication provides specific information on the arena operation
and tax increment request.
I have broken these questions down into subject categories and am
inc'Luding the questions verbatim as we received them from City
Administrator Hedges.
MULTI -FAMILY
At the January 4, 1990, City Council Meeting the Mayor and Coun-
cil directed its consultants to prepare a revised TIF plan based
upon public ownership. During the course of that revision, the
City of Eagan consultants requested that there be a contiguous
link to the residential portion requested. This was accomplished
by adding the 32 -acres just south of Lexington Pointe Parkway.
When the preliminary plat for Lexington Pointe, including the
commercial property which was platted as outlots, was approved
the Eagan City Council suggested a multi -family use for Outlot C.
The rational was that it would serve as a buffer between the
single family residential east of the power lines (Outlots A and
B) and the commercial property (Outlot D). This 32 -acre site is
currently zoned commercial so a multi -family zoning request would
constitute a downzoning. See Attached.
W
January 30, 1990
Page Two
Tri -Land is pursuing a plan which would propose townhouses on
this 32 -acre site. Preliminary plans have not been prepared but
this site is proposed to accommodate two and three bedroom
townhome units.
WMWO
In 1987. at the time of preliminary plat approval, the Eagan
City Council indicated that it would like to see multiple housing
on this area as it would serve as a buffer between the single
family and commercial. The TIF will serve as an incentive to
deve-loy this multi -family at a more rapid pace. The Council
co""
.Ld justify its action by noting that. in 1987 it stated its
Preference for multi -family (townhouse) development on Outlot C,
Lexington Pointe. The tax increment development agreement ex-
ecuted between the City and Tri -Land would "cap" the allowable
increment. Any increment above this "cap" would be returned to
the County for distribution.
SINGLE FAMILY HOUSING
The single family housing would be consistent with the houses
built to date in the Lexington Pointe subdivision. The minimum
home allowed is a 960 square foot split entry. The typical
prices range from $95,000 to $130,000.
Residential development does create higher demand for services.
In this particular application, it is the developer's position
that the benefit to the City of Eagan and School District, i.e.,
obtaining an ice arena without a bond referendum and a bond
issue, as well as the future benefit of millions of dollars of
commercial tax base more than compensates for any public serv-
ices required for 111 single family homes for eight years.
In 1987. at the time of preliminary plat approval, the Eagan
City Council indicated that it would like to see multiple housing
on this area as it would serve as a buffer between the single
family and commercial. The TIF will serve as an incentive to
deve-loy this multi -family at a more rapid pace. The Council
co""
.Ld justify its action by noting that. in 1987 it stated its
Preference for multi -family (townhouse) development on Outlot C,
Lexington Pointe. The tax increment development agreement ex-
ecuted between the City and Tri -Land would "cap" the allowable
increment. Any increment above this "cap" would be returned to
the County for distribution.
SINGLE FAMILY HOUSING
The single family housing would be consistent with the houses
built to date in the Lexington Pointe subdivision. The minimum
home allowed is a 960 square foot split entry. The typical
prices range from $95,000 to $130,000.
Residential development does create higher demand for services.
In this particular application, it is the developer's position
that the benefit to the City of Eagan and School District, i.e.,
obtaining an ice arena without a bond referendum and a bond
issue, as well as the future benefit of millions of dollars of
commercial tax base more than compensates for any public serv-
ices required for 111 single family homes for eight years.
1dR 94141,1111. MWIFTWOM"W;
EFIT J
January 30, 1990
Page Three
The TIF plan prepared by Steven Rosholt and David MacGillivray
and presented to the Eagan City Council on January 16, was
premised on public ownership of the ice arena facility. In dis-
cussion with the consultants, it was determined that all owner-
ship issues would be negotiated during the development agreement
phase of the project. The main option which was suggested was
ownership by the City of Eagan with a joint powers operations
agreement with the City of Apple Valley and possibly the City of
Rosemount and School District 0196. One suggestion was to com-
bine ownership and management of all ice facilities in the School
District between the cities and the School District.
The City of Eagan must set parameters on its interest in Par-
ticipating in ownership or operations before other public en-
tities can be approached more seriously because the facility is
located in Eagan and the City Council has control over project
approval-.
V
^Have we exhausted all Private v ownershioptions?
Question
The TIF plan presented by Tri -Land Partnership and prepared by
its consultants to the City Council on January 4, 1990, was based
on the premise that the ice arena would be privately owned. Pur-
suant -o the legal opinion prepared by the City of Eagan's bond
counsel, Steve Rosholt, the council decided not to accept the
private ownership application and directed Steve Rosholt and Dave
MacGillivray to work with Publicorp to prepare a plan based on
public ownership. Pursuant to Council direction, private owner-
ship was abandoned at that point. Tri -Land based, on January 16
Council direction, is again examining private ownership.
a. It is understood by all parties that the TIF will be used
soley for the purpose of the ice arena. The nature of the ap-
plication may be structured so that it will be identified as dol-
lars allocated for land write down or public improvements,
however, Tri -Land has consistently pledged to the City of Eagan
that it will retain none of the increment collected but use it so
that Tri -Land can obtain a mortgage on an ice arena.
b. At no time has Tri -Land Partnership
the City of Eagan or its consultants
partnership ownership in this project.
Eagan is a Minnesota General Partnership.
SAI
of Eagan represented to
that there is limited
Tri -Land Partnership of
NN
-qW. i5 , ...
a. It is understood by all parties that the TIF will be used
soley for the purpose of the ice arena. The nature of the ap-
plication may be structured so that it will be identified as dol-
lars allocated for land write down or public improvements,
however, Tri -Land has consistently pledged to the City of Eagan
that it will retain none of the increment collected but use it so
that Tri -Land can obtain a mortgage on an ice arena.
b. At no time has Tri -Land Partnership
the City of Eagan or its consultants
partnership ownership in this project.
Eagan is a Minnesota General Partnership.
SAI
of Eagan represented to
that there is limited
Tri -Land Partnership of
c. The jobs created will be of a wide variety. Tim Igo of Welsh
Companies is preparing a detailed analysis of those specific
jobs. The medical/bank building will employ many physicians,
dentists, orthodontists, executive bank officers, paraprofes-
sionals and entry level clerical personnel. Tim Igo has repre-
sented that there will be approximately 620 jobs in the retail
center, medical/bank building and outlot facilities which would
equate to 240 - 40 hour equivalents.
RISKS
Question 1. What are the risks noted as "nonpayment of property
-taxes" and "chan,zes in the Minnesota Property Tax system" on page
four of the Springsted letter dated 1/12/90?
Out--st on 2 Could the City's consultants make recommendations or
nresent. a critique of the proposal_ once it is finalized?
These questions would more appropriately be answered by City
Staff.
"BOT FOR"
RRMM*VAMt
The residential portion of the development must be included if
two sheets are constructed. If the residential portion is
eliminated, a single sheet of ice with fewer amenities can be
constructed.
There is no length of time attached to the "but for" test.
a. A replacement reserve line item is included in the operating
budget to cover deferred maintenance and other depreciation. See
pro forma attached to TIF application.
b. See "a." above.
January 30, 1990
Page Five
C. Operational and maintenance expenses will be covered by
revenues generated by ice rental and dry floor rental. See pro
forma attached to TIF application.
Question i 2 Will the developer pay for operat.i na costs?
If the facility is privatelY owned and managed, the developer
will be responsible for operating costs.
Question 3 Will the City be obligated for any up front costs?
What are the City's out-of-pocket expenses (actual and
Firstent.i_ al lv i
The City of Eagan will be charging all consulting time back to
the developer. The City has agreed to not charge the developer
for staff tir.:e (Tom Hedges and Gene VanOverbeke) on this TIF
applica.-Jon. To our knowledge, the City will not be obligated
for any expenses or up front. costs.
Question 4 Since the proposal now calls for only a partial
bui l -'.=r a}'ou- CjYj�t the costs decrease?
The costs have decreased. After our architect completed prelimi-
.nary sketches costs exceeded the amount of estimated increment.
The facility cost must match the amount of increment collected.
Design will therefore be dictated by available budget.
SCBML DISTRICT
Questions 1 What is the school district's position regarding
this project?
The School District, per Dr. John Hanson, will "address the
issues when there are issues to address." Dr. Hanson stated the
School District would like to use this facility, provided we can
be price competitive, as the location is excellent. See Dr.
Hanson's letter attached.
PUBLIC
Question 1 How do our citizens stand on the ice arena /community
,.�, i e o„a� r An nnp muhl i c hearing give us that answer?
We have met with parents at Dakota Hills Middle School and
through a door-to-door poll and have found strong support. There
is tremendous acceptance of this financing by the skating and
non -skating community.
sa
January 30,
Page Six
COMPETITION
Question 1 Do other retailers support, or at least not oppose.
this development?
There is no retail zoning in the immediate area with the excep-
tion of the Lexington Center convenience mall. We are aware of
only one retailer opposing this project and that retailer
primarily objects to any additional off sale liquor licenses that
may be granted for Eagan Center.
Question 2How will we protect existing merchants? Will the
developer consider convenants in this regard?
All leases will be at competitive rates and there will be no in-
centive to move from Lexington Center to Eagan Center unless a
merchant needs a larger space which Lexington Center cannot
accomodate. This developer would need to have more information
regarding covenants preferred, and would also need to know which
other retail areas have had covenants imposed on it.
Flease contact me with any further information that you might
require.
very sly yours,
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I
INDEPENDENT SCHOOL DISTRICT 196
14445 DIAMOND PATH
ROSEMOUNT, MINNESOTA 55068-4199
(612) 423-7712
October 5, 1989
Tri -Land Partners of Eagan
Attention: Sharon Swenson
1260 Yankee Doodle Road
Suite 202
Eagan, MN 55121
Dear Sharon,
MGR. JOHN O. HANSON
DIRECTOR OF SECONDARY INSTRUCTION
I am writing in response to your phone call last week about the
proposed ice arena in Eagan.
As you are probably aware, District 196 is half owner and operator of
the Apple Valley ice arena, along with the city of Apple Valley. Our
first two high schools, Rosemount and Apple Valley, use that arena
extensively. At this point, the district has no plans to build
another arena.
With Eagan High School scheduled to open as a full high school with
grades 9-12 in fall 1990, our needs for ice time will increase by
almost 50 percent. We will certainly give serious consideration to
using any ice time that might be available in our district.
Sincerely, %
John '0. (Hanson ,
Director of Secondary Instruction i
arjr:hanson/19 '
c: R.J. Rehwaldt
(39) Ice Arena in Eagan
B�
TRI -LAND PARTNERSHIP OF EAGAN
Clarifications to the
Application for Tax Increment Assistance
City of Eagan
January 30, 1990
F (0
TABLE OF CONTENTS
I. INTRODUCTION..........................................1
II. SUMMARY OF OPTIONS....................................2
III. DETAILS OF OPTION NO. 1 ...............................4
- Map of the Tax Increment District.................9
- Tax Increment Projections ........................10
- Ice Arena Operating Pro forma....................13
IV. DETAILS OF OPTION NO. 2 ..............................15
- Map of the Tax Incr----} ^'car'^}
- Tax Increment Proje
- Ice Arena Operating
V. OTHER ENTITIES' SUPPORT
----------19
I. INTRODUCTION
We appreciate your thoughtful consideration of the Eagan
Center project and your support for an ice arena in Eagan.
With the addition of Eagan High School, the increased
popularity of hockey and figure skating clubs, and the
growing need for recreational facilities for Eagan's
citizens; an ice arena is becoming a necessity rather than
simply a convenience.
Tri -Land Partnership of Eagan is prepared to build an ice
arena for the City of Eagan, however, the ice arena will
become a reality only with the assistance of tax increment
financing. We understand that any time the City participates
in a community project, all options must be examined and all
risks evaluated. Tri -Land Partnership of Eagan has listened
to the citizens of Eagan, reviewed the City Council's
questions about the ice arena project raised at the January
16 meeting, and explored dozens of details for the project
with City staff and consultants during the past six months.
We are presenting two options for the City to consider. Each
option differs according to the ownership and size of the ice
arena. A summary of the options are listed below and details
of the timing, cost, ownership, and operation of the arena
and the associated development have been included in each of
the corresponding appendices attached.
II. SUMMARY OF OPTIONS
OPTION NO. 1: PRIVATELY OWNED ARENA WITH ONE STANDARD SHEET
OF ICE
The ice arena would be privately owned by a 501 (c)(3) non-
profit organization.
Due to the financial restrictions imposed by the 25 percent
test, one enclosed, standard -sized sheet of ice with seating
for 1,200 people is possible. If additional seating capacity
is desired by the City, portions of the residential
development will need to be included in the tax increment
district.
As planned, however, the multi -family and single family
developments will not be included in the tax increment
district. The amount of commercial development to be included
in the tax increment district would be limited to the retail
mall (excluding the theater), the bank/medical building, and
one outlot. The remaining commercial development will be
outside the tax increment financing district.
The cost of the arena, including hard and soft costs, will be
$1,890,000 plus the cost of the land to be negotiated with
Tri -Land Partnership of Eagan.
We are requesting tax increment in the form of land
acquisition/write-down. The present value amount of the
request is $1,890,000 over eight years of tax increment.
This request assumes that the ice arena will be exempt from
property taxes.
With private ownership of the arena and tax increment in the
form of a land write-down, public bidding of the construction
of the arena and associated improvements is not required.
If fiscal disparities contribution is required from the
district the arena could not be built.
Page 2
OPTION NO. 2: PUBLICLY OWNED ARENA WITH TWO SHEETS OF ICE
The City of Eagan owns the ice arena.
The structure of the arena would include one enclosed sheet
of ice with seating for approximately 2,800 spectators, one
partially open sheet of ice for use during peak months, and
locker rooms in between the two sheets.
The hard and soft costs of the arena will be approximately
$3,200,000 plus the type of payment to be negotiated with
Tri -Land for land valued at approximately $1,288,000.
The request for tax increment is $3,950,000 over eight years
of increment.
The tax increment district would include the adjacent retail
mall development, the movie theaters, the bank/medical
building, various outlots, single-family homes, and a multi-
family development.
If fiscal disparities contribution is required from the
district the arena would be sized down to one sheet of ice.
Page 3
v� rI
\t
III. OPTION NO. 1: PRIVATELY OWNED ARENA WITH ONE STANDARD
SHEET OF ICE:
A. DESCRIPTION OF THE SIZE, OWNERSHIP, AND MANAGEMENT
OF THE ARENA AND THE ASSOCIATED DEVELOPMENT
Under Option No. 1, Tri -Land Partnership of Eagan is prepared
to build a 33,000 square foot enclosed ice arena. The arena
will include one standard size sheet of ice, operational
in all seasons, seating for 1,200 spectators, and attached
locker rooms.
The ice arena will be owned and managed by a non-profit board
to include representatives of entities with an interest in
the arena. Non-profit status will exempt the arena from all
state and federal income taxes. We are also assuming that
the exemption also precludes paying local property taxes.
Without debt or tax payments, the arena will be able to
operate with a profit. The tax increment requested will
enable Tri -Land to cover the principle and interest payments
on the arena's mortgage while maintaining an acceptable rate
of return on the commercial portion of the development.
Therefore, the tax increment assistance will catalyze a
cohesive commercial development and will enable the ice arena
to be free of debt within ten years.
On page 13 is the operating pro forma for the ice arena. The
pro forma assumes that the tax increment will pay for the
hard and soft construction costs plus an agreeable purchase
price for the land currently held by Tri -Land Partnership of
Eagan.
The retail portions of the proposed development will be owned
and operated by a separate general partnership known as the
Lexington Diffley Building Partnership.
DEVELOPMENT WITHIN THE TAX INCR MEN DISTRICT
Ice Arena
Building Size: 33,000 square feet
Area (including parking): 3 acres
Construction Completion: Fall, 1990
Expected Market Value: Exempt
Area A: Use: Retail Mall with Grocery Store
Building Size: 95,000 sq. ft.
Area (including parking): 11.80 acres
Construction Completion: Fall, 1990
Expected Market Value: $7,300,000
Page 4
Area B: Use: Bank/Medical Building
Building Size: 28,000 square feet
Area (including parking): 3.3 acres
Construction Completion: Fall, 1990
Expected Market Value: $2,000,000
Area C: Use: Commercial Outlot
Building Size: 10,000 square feet
Area (including parking): 1 acre
Construction Completion: Fall, 1990
Expected Market Value: $600,000
ASSOCIATED DEVELOPMENT OUTSIDE THE TAX INCREMENT DISTRICT
Area D: Use: Multi -Screen Movie Theater
Building Size: 28,000 square feet
Area (including parking): 6.6 acres
Construction Completion: Fall, 1990
Expected Market Value: $2,800,000
Area E: Use: Convenience Store
Building Size: 10,000 square feet
Area (including parking): 1.5 acres
Construction Completion: Fall, 1990
Expected Market Value: $600,000
Area F: Use: Restaurant
Building Size: 10,000 sq. ft.
Area (including parking): 1 acre
Construction Completion: Fall, 1990
Expected Market Value: $900,000
Area G: Use: Restaurant
Building Size: 10,000 sq. ft.
Area (including parking): 1 acre
Construction Completion: Fall, 1991
Expected Market Value: $600,000
Area H: Use: Retail/Daycare
Building Size: 10,000 sq. ft.
Area (including parking): 1 acre
Construction Completion: Fall, 1991
Expected Market Value: $600,000
Residential
Fourth and Fifth Additions, Lexington Pointe
Number of Lots: 38
Construction Completion: Fall, 1990
Average Square Footage: 1,300 sq. ft.
Average Lot Value: $115,000
Page 5
Residential
Sixth and Seventh Additions, Lexington Pointe
Number of Lots: 73
Construction Completion: Fall, 1991
Average Square Footage: 1,300 sq. ft.
Average Lot Value: $115,000
Residential
Multi -Family Development
Number of Units: 80
Square Footage: 80,000
Estimated Market Value: $5,600,000
B. NATURE OF THE REQUEST FOR TAX INCREMENT
Tri -Land Partnership of Eagan is requesting $1,890,000 of tax
increment assistance present valued at a rate of 12 percent.
The tax increment captured from four parcels of property
which will be identified upon final plat approval of the ice
arena and the commercial development. An outline of the
four parcels plus the parcel for the ice arena are outlined
on the map on page 10.
The tax increment would be in the form of a land write-down
over time using a limited revenue note instead of a general
obligation bond. The land write-down would be designated to
help pay for the property within the tax increment financing
district. The values of the land are listed below:
USE BLDG & PARKING
AREA
Ice Arena
132,420
sq.
ft.
Retail Mall
514,000
sq.
ft.
(excl. theater)
Bank/Medical
143,750
sq.
ft.
Outlot
43,560
sq.
ft.
TOTAL WITH ARENA LAND COST
TOTAL WITHOUT ARENA LAND COST
TOTAL
COST[SQ. FT. COST
$3.50 $460,000
$3.50 $1,800,000
$3.50 $500,000
$3.50 $150,000
2,910,000
$2,450,000
Therefore, at a minimum the value of the land within the
proposed tax increment district is worth approximately
$2,500,000, exceeding the amount requested for tax increment
assistance and eligble as a qualified cost under the tax
increment law.
Page 6
3
C. COMPLIANCE WITH EAGAN'S TIF POLICY
Tri -Land Partnership of Eagan has reviewed the City of
Eagan's Tax Increment Financing Policy and the questions
raised over the projects compliance with the policy. We
strongly believe that the Eagan Center projects qualifies
under the TIF policy guidelines.
First, Tri -Land Partnership of Eagan is a general
partnership. Any other entity which may have an interest in
either the ice arena or the commercial development will not
be a limited partnership.
Second, the commercial development will bring over 600 new
jobs to the City of Eagan. These jobs are estimated to be
240 full-time equivalent positions. The type of jobs will
range from management of the retail stores within the mall to
skating instructors in the ice arena.
Third, the Eagan TIF Policy indirectly discourages the use of
tax increment for non-industrial/commercial developments.
However, the Eagan policy also requires that the facility
"provide a significant, demonstrable benefit to the City".
The Eagan Center development brings the first ice arena to
the City of Eagan.
D. BUT/FOR TEST
Tri -Land Partnership's interpretation of the "but/for" test,
required by the tax increment law before a municipality
approves a tax increment district, is based upon financial
restrictions. But/for the use of tax increment, ice arena
would not be possible and the size and cohesiveness of the
commercial development would not go forth. We do not purport
that absolutely no development would occur on the 48 acre
parcel during the next eight years. However, we do believe
that tax increment will speed development on a parcel of
property that has been largely undeveloped for a number of
years.
In addition, tax increment assistance will provide the City
of Eagan with a well-planned commercial development and with
safe and efficient access in an area populated by a number of
schools.
Page 7
E. FISCAL DISPARITIES
K
Tri -Land Partnership of Eagan requests that the City of Eagan
elect to make available the total amount of the potential tax
increment generated by this development for debt service on
the limited revenue note. Therefore, we ask that the City
not require a contribution to the fiscal disparities pool for
the life of the tax increment district. If fiscal disparities
was required, the arena and commercial development would not
be possible.
Predicting the impact of non-contributing tax increment
district upon the other properties in a municipality is
difficult. However, Publicorp has estimated that if the
project was to have hypothetically begun receiving tax
increment in 1989 without contributing to the fiscal
disparities pool, the tax rate would have increased by .1
percent. This figure translates into less than $1 annually
for each household and less than $20 annually for the small
business owner.
Page 8
APARTmENTS
1
PROPOSED BONDARIES OF'THE
TAX INCREMENT FINANCING DISTRICT
ELEMENTARY R HIGH SCHOOL
KENSRJ3TOI
PLACE
w.AZ-( JP
H154HUAlf TRAll.
Page 9
1
N
6
5-SINZ LAKE WK
02 -Feb -90 City of Eagan Page 1
Inflation Rate
Present Value Rate
Collection Rate
Fiscal Disparities
Tax Capacity Rate
Reinvestment Rate
Project Market Value -Matt
Project Market Value-Medicat
Project Market Value -Gas St.
Project Market value -Movie
Project Market Value-Outlots
Project Market Value-Resid.
Project Market VaLue-Resid.
Project Market Value -Rental
Project Market Value -Arena
Class Rates -Commercial
<$100,000
>5100,000
Class Rates - Homesteads
<S68,000
566,000 - $100,000
>$100,000
Class Rate - Multi -family
Total Market Value
Project Tax Capacity-Matl
Project Tax Capacity -Medical
Project Tax Capacity -Gas
Project Tax Capacity -Movie
Project Tax Capacity-Outlots
Project Tax Capacity-Resid.
Project Tax Capacity-Resid.
Project Tax Capacity -Rental
TRI -LAND DEVELOPMENT
3.0000%
12.00%
100.0000%
0.0000%
0.939978 Pay 89
0.00%
7,300,000 Pay 92
2,000,000 Pay 92
0 Pay 92
0 Pay 93
600,000 Pay 92
0 Pay 92
0 Pay 93
0 Pay 93
0 Pay 93
9,900,000 Pay 93
0.0310 Pay 92
0.0495 Pay 92
0.0100
0.0200
0.0300
0.0360
-ASSUMES ICE ARENA IS 011E SHEET OF ICE
-ASSUMES MALL, BANK/MEDICAL, ICE ARENA AND ONE OUTLOT IN DISTRICT
-ASSUMES ICE ARENA IS COUNTED WITHIN 25/75 TEST
-ASSUMES ICE ARENA DOES NOT PAY PROPERTY TAXES
Square Ft. Good Use Bad Use
95,000
87,000
8,000
28,000
28,000
0
0
0
0
0
0
0
10,000
10,000
0
0
0
0
0
0
0
0
0
0
33,000
0
33,000
166,000 125,000 41,000
Percent of Sq. Ft. as Bad Use: 24.70%
Market Value Adjustment Factor.
--------------------------------------------------
Base Market Value - Current (Pay 90) 499,700
Base Market Value - 5 Yrs Ago (Pay 85) 350,400 -Estimate
Market Value Increase. 149,300
Value Increase Ratio.
Value Increase Average.
Value Adjustment Factor.
42.61%
8.52%
108.52%< -Estimate
359,788 Pay
92
Estimated Market Value of
Each Parcel When
Platted
97,226 Pay
92
USE
ACRES
5/ACRE
MV
0 Pay
92
Retail Mall
11.80
10,411
122,850
0 Pay
93
Bank Medical Bldg
3.30
10,411
34,356
27,870 Pay
92
Convenience Store
0.00
0
0
0 Pay
92
Outlot -Good Use
1.00
10,411
10,411
0 Pay
93
Outlot -Parking
3.00
10,411
31,233
0 Pay
93
Outlot -
0.00
0
0
Outlot -
0.00
0
0
484,884 Pay
93
Outlot -
4.06
0
0
Oudot -
0.00
0
0
Residential
0.00
0
Mutti-family
0.00
0
TOTAL
23.16
198,850
BASE TAX CAPACITY 7,259
BI
TI
t
1,640
0
0
0
0
0
0 --
TL100-02 Prepared by PubLicorp Inc. Tel
30 -Jan -90
1 41
City of Eagan Page 2
TL100-02
Prepared by Publicorp Inc.
Page 11
*
Base
Project
Captured
Gross
Admin
Net
Revenue
PERIOD
*PERIOD
BEGINNING
Tax
Tax
Tax
Tax
Payment
Tax
Note
ENDING
* Yrs.
Nth.
Yr.
Capacity Capacity
Capacity
Increment
0.00%
Increment
12.00%
12.00%
Yrs.
Nth.
Yr.
---------------------------------------*
* 0.0
02-20
1990
7,259
7,259
0
0
0
0
0
0.5
08-19
1990
* 0.5
08-20
1990
7,259
7,259
0
0
0
0
0
0
1.0
02-19
1991
* 1.0
02-20
1991
7,878
7,878
0
0
0
0
0
0
1.5
08-19
1991
* 1.5
08-20
1991
7,878
7,878
0
0
0
0
0
0
2.0
02-19
1992
* 2.0
02-20
1992
8,549
484,884
476,335
223,872
7,500
216,372
208,872
0
2.5
08-19
1992
* 2.5
08-20
1992
8,549
484,884
476,335
223,872
0
223,872
223,872
0
3.0
02-19
1993
* 3.0
02-20
1993
9,278
484,884
475,606
223,530
0
223,530
2238530
0
3.5
08-19
1993
* 3.5
08-20
1993
9,278
484,884
475,606
223,530
0
223,530
223,530
0
4.0
02-19
1994
* 4.0
02-20
1994
10,069
499,431
489,362
229,995
0
229,995
229,995
0
4.5
08-19
1994
* 4.5
08-20
1994
10,069
499,431
489,362
229,995
0
229,995
229,995
0
5.0
02-19
1995
* 5.0
02-20
1995
10,927
514,413
503,487
236,633
0
236,633
236,633
0
5.5
08-19
1995
* 5.5
08-20
1995
10,927
514,413
503,487
236,633
0
236,633
236,633
0
6.0
02-19
1996
* 6.0
02-20
1996
11,858
529,846
517,988
243,449
0
243,449
2438449
0
6.5
08-19
1996
* 6.5
08-20
1996
11,858
529,846
5171988
243,449
0
243,449
243,449
0
7.0
02-19
1997 *
1997 *
* 7.0
02-20
1997
12,868
545,741
532,873
250,444
0
250,444
250,444
0
7.5
8.0
08-19
02-19
1998 *
* 7.5
08-20
1997
12,868
545,741
532,873
250,444
0
250,444
250,444
0
0
8.5
08-19
1998 *
* 8.0
02-20
1998
13,965
562,113
548,149
257,624
0
257,624
257,624
0
9.0
02-19
1999 *
* 8.5
08-20
1998
13,965
562,113
548,149
257,624
0
257,624
257,624
0
9.5
08-19
1999 *
* 9.0
02-20
1999
15,155
578,977
563,822
264,990
0
264,990
264,990
0
10.0
02-19
2000
* 9.5
08-20
1999
15,155
578,977
563,822
264,990
0
264,990
264,990
*
Totals
3,861,073
7,500
3,853,573
3,646,073
0
*
Present
Values
1,901,873
5,604
1,896,269
1,890,665
0
i
TL100-02
Prepared by Publicorp Inc.
Page 11
30 -Jan -90 City of Eagan Page 3
TL100-02 Prepared by Publicorp Inc.{
Page 12 1
Limited Revenue Note
- To Developer
*
FROM:
Beg.
Accrued
Principal
Interest
Total
End
TO:
Payment
* Yrs.
Nth.
Yr.
Balance
Interest
Payment
Payment
Payment
Balance
Mth.
Yr.
Yrs.
Date
+
* 0.0
02-20
1990
1,890,665
113,440
0
0
0
2,004,104
D8-19
1990
0.5
* 0.5
08-20
1990
2,004,104
120,246
0
0
0
2,124,351
02-19
1991
1.0
* 1.0
02-20
1991
2,124,351
127,461
0
0
0
2,251,812
08-19
1991
1.5
'
* 1.5
08-20
1991
2,251,812
135,109
0
0
0
2,386,920
02-19
1992
2.0
'
* 2.0
02-20
1992
2,386,920
0
65,657
143,215
208,872
2,321,264
02-19
1992
2.5
02-01
1992 *
* 2.5
08-20
1992
2,321,264
0
84,596
139,276
223,872
2,236,668
02-19
1993
3.0
02-01
1993 *
* 3.0
02-20
1993
2,236,668
0
89,330
134,200
223,530
2,147,338
02-19
1993
3.5
02-01
1993
* 3.5
08-20
1993
2,147,338
0
94,689
128,840
223,530
2,052,649
02-19
1994
4.0
02-01
1994
* 4.0
02-20
1994
2,052,649
0
106,836
123,159
229,995
1,945,813
08-19
1994
4.5
08-01
1994
* 4.5
08-20
1994
1,945,813
0
113,246
116,749
229,995
1,832,567
02-19
1995
5.0
02-01
1995
* 5.0
02-20
1995
1,832,567
0
126,679
109,954
236,633
1,705,888
08-19
1995
5.5
08-01
1995
* 5.5
08-20
1995
1,705,888
0
134,280
102,353
236,633
1,571,608
02-19
1996
6.0
02-01
1996
* 6.0
02-20
1996
1,571,608
0
149,152
94,296
243,449
1,422,456
08-19
1996
6.5
08-01
1996
* 6.5
08-20
1996
1,422,456
0
158,101
85,347
243,449
1,264,355
02-19
1997
7.0
02-01
1997 *
* 7.0
02-20
1997
1,264,355
0
174,583
75,861
250,444
1,089,771
08-19
1997
7.5
08-01
1997 *
* 7.5
08-20
1997
1,089,771
0
185,058
65,386
250,444
904,713
02-19
1998
8.0
02-01
1998 *
* 8.0
02-20
1998
904,713
0
203,341
54,283
257,624
701,372
08-19
1998
8.5
08-01
1998 *
* 8.5
08-20
1998
701,372
0
215,541
42,082
257,624
485,831
02-19
1999
9.0
02-01
1999 *
* 9.0
02-20
1999
485,831
0
235,840
29,150
264,990
249,991
08-19
1999
9.5
08-01
1999 *
* 9.5
08-20
1999
249,991
0
249,991
14,999
264,990
0
02-19
2000
10.0
02-01
2000 *
496,256
2,386,920
1,459,152
3,846,073
TL100-02 Prepared by Publicorp Inc.{
Page 12 1
PROFORMA
GG y Th.
' Th
v.tiy ASR
JAN AR; 29. 1990
PROJECT SIZE ANNUAL COST CONSTRUCTION
IN, a?c S9 FT INCOME S9 FT COST
---------------------------- ------------------------------------------------------------------------
ice Arent faeQ-t ne 1.200) .000 '40.000. 48.48 1,60L'.000
------------
------------
*-+ '4C, 000- 1,600,000
-rr
------------
----------------------------
nnrT rvr.'.,rr
------------------------------
-----------------------------96
9 6```,':
Leg=.'MC C .. L_.�
v nn
.10
Vv
V
------------
TCitl.' �X er'EBE 7t'
------------
Page 13 Im
�-E>:. __
Sakes
Ev,
u�ei .
Summer n.:l_ SC`r:r,1
F i c Esc:.
"K__ _
vE.
TSL,_
_ _.
4y.E•.a_a -
RE4LACEPE - SERS E
NET TKME
+I k �E4F. YEIR YERF, YE�- YEAR YE YE YEAp
0';E TK: ' ?E_ P FIVE SII 4E " N FIGFT NINE TEN
------------------------------------------------------------------------------------------
1`.rirtn 1S.•r.r tlt�c_ ':t76
•0., ic... l.r_ F•
`A8667 .77'17
40U 42:0 4410 46:1
I.,f„•.r, t.cc;. '1122 4M,74
.t• ._..,
L^ih^. e�C'F' LCe^. C C,Prt
h::.. ti
12:.`5 1276; 1'4;11 14071 1477c 1
cC !2 7 1 175 .CC -7
1215 �, 6 :344: + 1 i O,t y ;r 4 _ 1.. _.
14586 153,15 16061 16885 1772= 1:615
243if 5 .c 2 80 28142 29549 !..
165977. 1Q5171 105035 2152x6 226151 -7735-
4862- 5105 5360 5626 591:' 6:5
1155 : 763 13431 14071 14?” :5`::
13371 14039 1474. 15476 1625: 17:x`.
60775 6Jc 4 57 i!• f.55 �4 ; 6:
1 e:77 !9 44 n`�1 r,i R1+!,, ^1 - -.,!.
1 r.. a r i a r!- -1_i _vr .
`4c9: 54 - ., 04 ::E7, fc:
----------------------------------------------------
41? --7n 4; . fCLi
..-
"9 r"c -'i," ^17rC Irn- `4t^^ i57�: X0`44 r -12'f'
C-,� ,• " �. v` nr `;c-. ,tncF 7ty5C� ,�`+e 6:..- E: x=5 C`' -I
_..CF a�'7t; r:i tf 147,c :cc:_
i
�' ` ..t.t''
ct ll.47.`
..` ._..� C 1i1cC ar
24,2
—.... r a ... r.r ia.. rr. .ai •.. . t
1?y. 34
fnhn5?6C 5w?E qC.' h1f!c
147-- +q81,11�
c•cC• q{t-� '^,�.. �7c4 p 64:y7 +93 ,• .,r,,•c� ^t„JS
... . .... , l i:i � E . . i 4:0 r,.a., Li.?
: tc, ^ 7,A n,5C 7i, 266 2614 : 2954n-
L,o+rn-
I V0. --:1C ne n7.e �4q1 ^5e7 ��'6i �E'14 ??,� 7e r.+
6 719 7658 8:41 6443 86.55 930E 9773
88:00 9:40 q',- 10187 10696 11::1 1179; 12381 1.002 13652
------------------------------------------------------------------------------------------
313400 325:7; ~45524 362800 380940 399987 419986 440985 46703° 486180
15000 15;!00 15000 15000 15000 25000 1000: 20000 2"0.10 200;;;:
------------------------------------------------------------------------------------------
11600 1293: 14:27 15793 17332 1:949 15647 17429 19300 21:6`
Page 14
)01
IV. OPTION NO. 2: PUBLIC OwNERSHIPe_ TWO SHEETS OF ICE
A. DESCRIPTION OF THE SIZE, OWNERSHIP, AND MANAGEMENT OF
THE ARENA AND THE ASSOCIATED DEVELOPMENT
Under Option No. 2, Tri -Land Partnership of Eagan is prepared
to build a 52,000 square foot ice arena. The arena will
include one enclosed, Olympic -sized sheet of ice and one
regular size sheet of ice, partially enclosed, to be used for
ice events seasonally. Locker rooms, located between each
sheet, will be attached to each structure. The enclosed
arena will allow seating for 3,000 spectators.
The ice arena will be managed by a board to include
representatives of entities with an interest in the arena.
Because the City of Eagan will retail title on the arena, the
facility will be exempt from all state and federal income
taxes as well as local property taxes and will enable the
arena to operate without a loss. The tax increment requested
will be used to cover the principle and interest payments on
the arena's mortgage. The tax increment payments will allow
the arena to be debt -free within 10 years. On page 23 is the
operating pro forma for the ice arena.
The commercial portions of the proposed development will be
owned and operated by a general partnership known as the
Lexington Diffely Building Partnership.
DEVELOPMENT WITHIN THE TAX INCREMENT DISTRICT
Ice Arena
Building Size: 52,000 square feet
Area (including parking): 8.45 acres
Construction Completion: Fall, 1990
Expected Market Value: Exempt
Area A: Use: Retail Mall with Grocery Store
Building Size: 95,000 sq. ft.
Area (including parking): 11.80 acres
Construction Completion: Fall, 1990
Expected Market Value: $7,300,000
Area B: Use: Bank/Medical Building
Building Size: 28,000 square feet
Area (including parking): 3.3 acres
Construction Completion: Fall, 1990
Expected Market Value: $2,000,000
Page 15
L
Area C: Use: Commercial Outlot
Building Size: 10,000 square feet
Area (including parking): 1 acre
Construction Completion: Fall, 1990
Expected Market Value: $600,000
Area D: Use: Multi -Screen Movie Theater
Building Size: 28,000 square feet
Area (including parking): 6.6 acres
Construction Completion: Fall, 1990
Expected Market Value: $2,800,000
Area E: Use: Convenience Store
Building Size: 10,000 square feet
Area (including parking): 1.5 acres
Construction Completion: Fall, 1990
Expected Market Value: $600,000
Area F: Use: Restaurant
Building Size: 10,000 sq. ft.
Area (including parking): 1 acre
Construction Completion: Fall, 1990
Expected Market Value: $900,000
Area G: Use: Restaurant
Building Size: 10,000 sq. ft.
Area (including parking): 1 acre
Construction Completion: Fall, 1991
Expected Market Value: $600,000
Area H: Use: Retail/Daycare
Building Size: 10,000 sq. ft.
Area (including parking): 1 acre
Construction Completion: Fall, 1991
Expected Market Value: $600,000
Residential
Fourth and Fifth Additions, Lexington Pointe
Number of Lots: 38
Construction Completion: Fall, 1990
Average Square Footage: 1,300 sq. ft.
Average Lot Value: $115,000
Residential
Sixth and Seventh Additions, Lexington Pointe
Number of Lots: 73
Construction Completion: Fall, 1991
Average Square Footage: 1,300 sq. ft.
Average Lot Value: $115,000
Page 16
�0�
Residential
Multi -Family Development
Number of Units: 80
Square Footage: 80,000
Estimated Market Value: $5,600,000
B. NATURE OF THE REQUEST FOR TAX INCREMENT
Tri -Land Partnership of Eagan is requesting $3,950,000 of tax
increment assistance present valued at a rate of 12 percent.
This amount would cover all hard and soft construction costs
and approximately 75 percent of the land cost. This request
has increased since the beginning of the application process
with the City as the exact size and nature of the development
has progressed. Tri -Land is planning to develop an quality
ice arena which anticipates any type of structural problem
common with other ice arena's before the Eagan arena is
built.
The remainder of the land value could be negotiated between
the City and Tri -Land Development. The tax increment will be
captured from all of the above mentioned property over a
period of ten years. A map of the proposed tax increment
district is outlined on page 19.
The tax increment district is expected to produce in excess
of $4,200,000 of tax increment. These funds could be used to
cover any unforseen operating losses or the tax increment
could be returned to the school district and the county in
the event they are unused.
C. COMPLIANCE WITH EAGAN'S TIF POLICY
Tri -Land Partnership of Eagan has reviewed the City of
Eagan's Tax Increment Financing Policy and the questions
raised over the projects compliance with the policy. We
strongly believe that the Eagan Center projects qualifies
under the TIF policy guidelines.
First, Tri -Land Partnership of Eagan is a general
partnership. Any other entity which may have an interest in
the commercial development will not be a limited partnership.
Second, the commercial development will bring over 600 new
jobs to the City of Eagan. These jobs are estimated to be
240 full-time equivalent positions. The type of jobs will
range from management of the retail stores within the mall to
skating instructors in the ice arena.
Third, the Eagan TIF Policy indirectly discourages the use of
Page 17
tax increment for non-industrial/commercial developments.
However, the Eagan policy also requires that the facility
"provide a significant, demonstrable benefit to the City".
The Eagan Center development brings the first ice arena to
the City of Eagan.
D. BUT/FOR TEST
Tri -Land Partnership's interpretation of the "but/for" test,
required by the tax increment law before a municipality
approves a tax increment district, is based upon financial
restrictions. But/for the use of tax increment, ice arena
would not be possible and the size, speed, and cohesiveness
of the commercial and residential development would not
proceed.
Concern has been expressed about the inclusion of the
residential portions of the development in the tax increment
district. Tri -Land does not purport that the single-family
homes would not be built without the use of tax increment. We
do state, however, that the proposed development project as a
whole will not proceed. The single-family homes will not
proceed as quickly, the ice arena will not be built, and any
type of commercial development will not be in a safe, timely
and cohesive fashion.
E. FISCAL DISPARITIES
Tri -Land Partnership of Eagan requests that the City of Eagan
elect to make available the total amount of the potential tax
increment generated by this development for debt service on
the limited revenue note. Therefore, we ask that the City
not require a contribution to the fiscal disparities pool for
the life of the tax increment district. If fiscal disparities
was required, the arena and commercial development would not
be possible.
Predicting the impact of non-contributing tax increment
district upon the other properties in a municipality is
difficult. However, Publicorp has estimated that if the
project was to have hypothetically begun receiving tax
increment in 1989 without contributing to the fiscal
disparities pool, the tax rate would have increased by .1
percent. This figure translates into less than $1 annually
for each household and $20 annually for the small business
owner.
Page 18
V�s)
PROPOSED BOUNDARIES OF THE
ECONOMIC DEVELOPMENT TIF DISTRICT
~TMENTS
Ij _ _ ELEMENTARY A W16,H SCHWL
K E N5tNGT0f
PLACE
'wE�7t.F.::MID
Page 19
=NZ LAKs .
30 -Jan -90 City of Eagan
TRI -LAND DEVELOPMENT
Inflation Rate
3.0000%
Market Value Adjustment Factor.
Present Value Rate
12.00%
<S100,000
0.0310
Pay
Collection Rate
100.0000%
Fiscal Disparities
0.0000%
0.0495
Pay
92
Base Market Value - Current (Pay 90)
Tax Capacity Rate
0.939978 Pay
89
Class Rates
- Homesteads
Reinvestment Rate
0.00%
Base Market Value - 5 Yrs
Ago (Pay 85)
653,544
<S68,000
Square Ft.
Good Use
Bad Use
Project Market Value -Mall
7,300,000 Pay
92
95,000
80,000
15,000
Project Market value -Medical
2,000,000 Pay
92
28,000
28,000
0
Project Market Value -Gas St.
800,000 Pay
92
15,000
0
15,000
Project Market Value -Movie
2,800,000 Pay
93
28,000
0
28,000
Project Market Value-Outlots
3,800,000 Pay
93
60,000
10,000
50,000
Project Market VaLue-Resid.
4,370,000 Pay
92
49,400
49,400
0
Project Market Value-Resid.
8,395,000 Pay
93
94,900
94,900
0
Project Market Value -Rental
5,600,000 Pay
93
80,000
-------------------------------
80,000
0
-----------
35,065,000 Pay
93
450,300
342,300
108,000
Percent of Sq. Ft. as Bad Use: 23.98%
Page 1
Class Rates -Commercial
Market Value Adjustment Factor.
<S100,000
0.0310
Pay
92
--------------------------------------------------
>$100,000
0.0495
Pay
92
Base Market Value - Current (Pay 90)
928,600
Class Rates
- Homesteads
Base Market Value - 5 Yrs
Ago (Pay 85)
653,544
<S68,000
0.0100
--------
$68,000 -
$100,000
0.0200
Market Value Increase.
275,056
>S100,000
0.0300
Class Rate -
Multi -family
Value Increase Ratio.
42.09%
Total Market Value
0.0360
Value Increase Average.
8.42%
Value Adjustment Factor.
108.42%
Project Tax
Capacity -Mall
359,788
Pay
92
Estimated Market Value of
Each Parcel When Platted
BASE
Project Tax
Capacity -Medical
97,226
Pay
92
USE
ACRES
S/ACRE MV
TAX CAP
Project Tax
Capacity -Gas
37,778
Pay
92
Retail Mall w/ Theater &
Grocer 18.30
10,411
190,521
7,584
Project Tax
Capacity -Movie
136,858
Pay
93
Bank Medical Bldg
3.44
10,411
35,814
1,110
Project Tax
Capacity-Outlots
186,398
Pay
93
Convenience Store
1.50
10,411
15,617
484
Project Tax
Capacity-Resid.
50,160
Pay
92
Outlot -
1.00
10,411
10,411
323
Project Tax
Capacity-Resid.
96,360
Pay
93
Outlot -
1.00
10,411
10,411
323
Project Tax
Capacity -Rental
201,600
Pay
93
Outlot -
1.00
10,411
10,411
323
---------_-
Outlot -
1.00
10,411
10,411
323
1,166,168
Pay
93
Outiot -
4.06
10,411
42,269
1,310
Oudot -
1.00
10,411
10,411
323
Residential
32.13
187,600
1,876
Multi -family
38.00
213,400
7,682
TOTAL
102.43
737,275
BASE TAX CAPACITY 21,661
TL100-02 Prepared by Publicorp Inc.
Page 20 ( Q�
TR
30 -Jan -90 City of Eagan Page 2
*
Base
Project
Captured
Gross
Admin
Net
Revenue
PERIOD
*PERIOD
BEGINNING
Tax
Tax
Tax
Tax
Payment
Tax
Note
ENDING
* Yrs.
Mth.
Yr.
capacity
Capacity
Capacity
Increment
0.00%
Increment
12.00%
12.00%
Yrs.
14th.
Yr.
- ----- *
*--------
* 0.0
•----------
02-20
1990
•----------------------------------------------------------------------------------------------
21,661
21,661
0
0
0
0
0
0
0.5
08-19
1990
* 0.5
08-20
1990
21,661
21,661
0
0
0
0
0
0
1.0
02-19
1991
* 1.0
02-20
1991
23,485
23,485
0
0
0
0
0
0
1.5
08-19
1991
* 1.5
08-20
1991
23,485
23,485
0
0
0
0
0
0
2.0
02-19
1992 *
* 2.0
02-20
1992
25,461
544,952
519,491
244,155
0
244,155
240,000
0
2.5
OB -19
1992 *
* 2.5
08-20
1992
25,461
544,952
519,491
244,155
0
244,155
240,000
0
3.0
02-19
1993 *
* 3.0
02-20
1993
27,604
1,201,153
1,173,549
551,555
0
551,555
550,000
0
3.5
OS -19
1993 *
* 3.5
08-20
1993
27,604
1,201,153
1,173,549
551,555
0
551,555
550,000
0
4.0
02-19
1994 *
* 4.0
02-20
1994
29,928
1,237,188
1,207,260
567,399
0
567,399
550,000
0
4.5
08-19
1994
* 4.5
08-20
1994
29,928
1,237,188
1,207,260
567,399
0
567,399
550,000
0
5.0
02-19
1995
* 5.0
02-20
1995
32,447
1,274,303
1,241,856
583,659
0
583,659
550,000
0
5.5
08-19
1995
* 5.5
08-20
1995
32,447
1,274,303
1,241,856
583,659
0
583,659
5500000
0
6.0
02-19
1996
* 6.0
02-20
1996
35,178
1,312,532
1,277,354
600,342
0
600,342
550,000
0
6.5
08-19
1996
* 6.5
08-20
1996
35,178
1,312,532
1,277,354
600,342
0
600,342
550,000
0
7.0
02-19
1997 *
* 7.0
02-20
1997
38,139
1,351,908
1,313,769
617,457
0
617,457
550,000
0
7.5
08-19
1997 *
* 7.5
08-20
1997
38,139
1,351,908
1,313,769
617,457
0
617,457
550,000
0
8.0
02-19
1998 *
* 8.0
02-20
1998
41,350
1,392,466
1,351,116
635,010
0
635,010
550,000
0
8.5
08-19
1998
* 8.5
08-20
1998
41,350
1,392,466
1,351,116
635,010
0
635,010
550,000
0
9.0
02-19
1999
* 9.0
02-20
1999
44,830
1,434,240
1,389,409
653,007
0
653,007
550,000
0
9.5
08-19
1999
* 9.5
08-20
1999
44,830
1,434,240
1,389,409
653,007
0
653,007
5501000
0
10.0
02-19
2000
-----------------------
* Totals
8,905,166
0
8,905,166
8,180,000
0
* Present
Values
4,243,062
0
4,243,062
3,952,461
0
'
TLIOO-02 Prepared by Publicorp Inc. �
Page 21 1?
30 -Jan -90 City of Eagan Page 3
TLIOO-02
Prepared by Publicorp Inc.
Page 22 C)
Limited Revenue Note
- To Developer
*
FROM:
Beg.
Accrued
Principal
Interest
Total
End T0:
Payment
r
* Yrs.
Nth.
Yr.
Balance
Interest
Payment
Payment
Payment
Balance
Nth.
Yr.
Yrs. Date
r
«++««++«++««++««+«+:««+++«««+««r+«++r«++«rr««+++++++«+++««r+«r+«++«+«+«r+«+rr«+rrr+rr+««r+++++r++++*+++►+*++r++*«+rr+++«r+
* 0.0
02-20
1990
3,952,461
237,148
0
0
0
4,189,608
08-19
1990
0.5
+
* 0.5
08-20
1990
4,189,608
251,377
0
0
0
4,440,985
02-19
1991
1.0
* 1.0
02-20
1991
4,440,985
266,459
0
0
0
4,707,444
08-19
1991
1.5
+
* 1.5
08-20
1991
4,707,444
282,447
0
0
0
4,989,891
02-19
1992
2.0
* 2.0
02-20
1992
4,989,891
59,393
0
299,393
240,000
5,049,284
08-19
1992
2.5 08-01
1992
* 2.5
08-20
1992
5,049,284
62,957
0
302,957
240,000
5,112,241
02-19
1993
3.0 02-01
1993
* 3.0
02-20
1993
5,112,241
0
243,266
306,734
550,000
4,868,976
08-19
1993
3.5 08-01
1993
* 3.5
08-20
1993
4,868,976
0
257,861
292,139
550,000
4,611,114
02-19
1994
4.0 02-01
1994
* 4.0
02-20
1994
4,611,114
0
273,333
276,667
550,000
4,337,781
08-19
1994
4.5 08-01
1994
* 4.5
08-20
1994
4,337,781
0
289,733
260,267
550,000
4,048,048
02-19
1995
5.0 02-01
1995
* 5.0
02-20
1995
4,048,048
0
307,117
242,883
550,000
3,740,931
08-19
1995
5.5 08-01
1995
* 5.5
08-20
1995
3,740,931
0
325,544
224,456
550,000
3,415,387
02-19
1996
6.0 02-01
1996 *
* 6.0
02-20
1996
3,415,387
0
345,077
204,923
550,000
3,070,310
08-19
1996
6.5 08-01
1996 *
* 6.5
08-20
1996
3,070,310
0
3651781
184,219
550,000
2,704,528
02-19
1997
7.0 02-01
1997 *
* 7.0
02-20
1997
2,704,528
0
387,728
162,272
550,000
2,316,800
08-19
1997
7.5 08-01
1997 *
* 7.5
08-20
1997
2,316,800
0
410,992
139,008
550,000
1,905,808
02-19
1998
8.0 02-01
1998 *
* 8.0
02-20
1998
1,905,808
0
435,652
114,348
550,000
1,470,157
08-19
1998
8.5 08-01
1998 *
* 8.5
08-20
1998
1,470,157
0
461,791
88,209
550,000
1,008,366
02-19
1999
9.0 02-01
1999 *
* 9.0
02-20
1999
1,008,366
0
489,498
60,502
550,000
518,868
08-19
1999
9.5 08-01
1999 *
* 9.5
08-20
1999
518,868
0
518,868
31,132
550,000
0
02-19
2000
10.0 02-01
2000 *
1,159,780
5,112,241
3,190,109
8,180,000
TLIOO-02
Prepared by Publicorp Inc.
Page 22 C)
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Page 24
1/30/90
ICE RENTAL
The following contacts have been made regarding intent to
lease ice from the proposed Eagan Center Ice Arena:
1. Independent School District 196. In a meeting with
Dave Lange, the assistant principal of the Eagan High
:school, the ice needs for Eagan High School were iden-
tified as follows: daily practice for varsity team 2
hours; daily practice for junior varsity team 2 hours;
eight home games; daily figure skating practice 2 to 2
1/2 hours; cheerleading practice minimal. The rental
period would run four months representing a total annual
estimated use of 520 hours. See attached letter from
Dr. Hanson. In addition. the school would like to spon-
s:3r tcarna:: tints .
Eagan Hockey Association. Attached is a letter of
irate.,. from the Eagan Hockey A_zsociation indicating that
it. expec-ts to contract for 500 to 600 hours. In
addition. t :e Eagan Hockey Ass•Dcia tion intends to spon-
sor tournaments ar-nually as an Association fundraising
effort.
3. St. Thomas Academy. St. Thomas Academy indicated it
wo=uld be interested in using our facility for its
See attached letter of intent.
4. Hockey Schools. Attached is a copy of a letter from
Herb Brooks indicating his nteres : in leasing time to
run a hockey school. Ker. Yackel is also interested in
having a hockey sci:ool at t::is facility.
5. Figure Skating. Barb Yachel of the Spin & Sl=ate
figure skating school would like to initiate a prograr.,
at thin facility. Barb coaches the F.osemount High
School figure skating team and has been asked to include
Eagan High School students in the kcsemount program.
6. Learn To Skate Program. f learn to skate program
will be implemented for 3, 4, and 5 year olds. This
learn to skate program would consist of group lessons of
six to eight weeks in duration. This program would be a
dire„t feeder into the hockey program or the fig7:re
slating grogram. Barn Yackel would direct the Learn to
Skate program.
". Open Recreational Skating. Tom ::edges indicated
,I.�.t. the City of Eagan may be wil' _^.g to contract fc-• a
c.f ice time so t.:b% a recreational skating rrc,-raTM:
•art of its rl. offerings. This has -nc.t
t,; date. --+�
4. Other Users. Xen:'Faga.n, Hockey Association and
oscr.:o:;nt 'hockey As sc,ciation have been contacted and
groups would like to lease time at this facility.
In addition. adull menu leagues will be solicited and
Plans are underway to organize summer leagues for adult
men and youth.
ICE. :'ENTER MANAGEkENT
.taf f irg of the Ice Center is proposed as follows:
A. Rink Manager. Rink Ma:ager will be hired im-
ajediately following TIF approval and prior to conur,ence-
:.,Ent of construction of t:.e ice arena. The rink
will work wit.. the cor.e.traction superintendent
during th-e construction phase. During that time the
rink manager will be responsible for all leasing duties.
hiring support staff, and refining the proposed budget.
The rink manager will have a seat on the Board of Direc-
tors and will report to the Board. The Board will set
policy which the rink manager will implement.
D. Support Staff. General Manager, Assistant Manager
(NIght. cupervisior.,, AEs—_'St_?ni Manager of Crerat -onz.
.aintcr�a:.ce PersonCJffice- Manager (Fart -time) , Conses-
sions (Part-time Workers.), Event workers, and Skating
lr.fessiona1s.
C. Board of Directors. The Ice Center will be owned by
a nf-nprof it corr.orat.i cr, with an appointed Board of
Directions to set polis e:tablisYi and oversee the
budget, and set trogran-ImIng goals. The Board will con-
sist c•f representatives from the City of Eagan, School
L�str-ict #IL96. EaEai. F cckey Association, Tri -Land,
" aure skating, the i6..;,ci Gf tl.t pro,;e:.t, and the busi-
ness, corjr.unit:- at 1r.r€e.
The owners.hip cf t.::e retail mall would rest in a Minnesota
General Partnership.
I k4
$':'rI�+G iti; ?Nn.zcn.", IVC.
45G- Ci,1 GRC��� P�►R{iv'hY, S -v2: 106
S.. r -'AUL t M"
(612' 462-0772
(612) 482-7644 (??,X)
F a X T i a :i S = T T y FORM
TO:
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INDEPENDENT SCHOOL DISTRICT 196
14445 DIAMOND PATH
ROSEMOUNT, MINNESOTA 55068-4199
(612) 423-7712
October 5, 1989
Tri -Land Partners of Eagan
Attention: Sharon Swenson
1260 Yankee Doodle Road
Suite 202
Eagan, MN 55121
Dear Sharon,
■DR. JOHN O. HANSON
DIRECTOR OF SECONDARY INSTRUCTION
I am writing in response to your phone call last week about the
proposed ice arena in Eagan.
As you are probably aware, District 196 is half owner and operator of
the Apple Valley ice arena, along with the city of Apple Valley. Our
first two high schools, Rosemount and Apple Valley, use that arena
extensively. At this point, the district has no plans to build
another arena.
With Eagan High School scheduled to open as a full high school with
grades 9-12 in fall 1990, our needs for ice time will increase by
almost 50 percent. We will certainly give serious consideration to
using any ice time that might be available in our district.
Sincerely,
,John nson,
Director of Secondary Instruction
8rjr:h8nson/19
c: R.J. Rehwaldt
(39) Ice Arena in Eagan
Por. Brad Swenson
Tri -Land Development Company
1260 Yankee Doodle Road Suite
Eagan, Minnesota 55121
Dear Mr. Swenson,
On behalf of the Board of Directors of the Eagan Hockey
Association, we want to applaud your efforts in proposing to
construct a much needed indoor ice arena in the community. As you
know, the goal of the Eagan Hockey Association is to provide a
means for all youth in the community an opportunity to appreciate,
learn and play the game of hockey. There is also much more to it
than that; the learning how to skate, the building of friendships,
and the ability to work as a team makes everyone involved a
winner. In the thirteen years we have been in existence, we have
worked hard at meeting that objective.
The popularity of the game continues to grow. With registrations
just completed for the upcoming season, we are looking at a twenty
five percent increase in participants over last year with the
majority coming in the younger programs. Other communities are
showing similar growth, which gets back to us in less hours
available at their indoor ice arenas. In order to provide indoor
ice to all of our teams, our members are faced with driving long
distances (North St. Paul, Faribault, Hastings, Northfield, etc.)
at inopportune times. Our teams are also receiving less indoor ice
time than their competition --- in some cases up to fifty percent.
That translates to our teams being less competitive, and although
that is not our main objective, we still want to provide for a
quality program. Providing thirty to fifty percent less ice time
for our participants is not quality.
Unfortunately, if our Association continues to grow at current
rates, without an indoor facility in Eagan or the surrounding area,
we may be forced to limit registrations or cut participants. This
is something we would not want to do, but may be forced into so our
total program does not suffer. As indicated to you in our August
28, 1989 letter, we are ready to purchase between 500 - 600 ice
hours for next year if you are in operation. We are also willing
to assist in furnishing the facility, and are anxious to discuss
our ideas.
Count the Eagan Hockey Association solidly behind your development
plans. It will help make Eagan prosper and be a better place to
raise our families.
Sincerely,
Bradley Y. Schmidt Secretary
Eagan Hockey Association
I (I
Saint Thomas Academy
94- He: r-eac • VE? -.-a' a He o s • a 55' 2:,
October 6, 1989
Til -Land Company
1260 Yankee Doodle Road
Suite 202
Eagan, MN 55121
Gentlemen:
I would like to take this opportunity to lend my support to your proposal
to build an ice arena in the City of Eagan. I feel that his area In
general Is in dire need of a facility of this nature.
As an administrator at Saint Thomas Academy, who has coached hockey and who
has served as the Athletic Director, I know how limited ice time is for
practices and for games. I know that this facility would go a long way
toward alleviating a lot of the problems now being faced by many area high
schools and youth programs. We at Saint Thomas Academy would be very
interested in using your facility if it were built. The only condition
would be that the cost of Ice time rental for games and for practices must
be competetive with the arenas that now exist. Every organization has
b,,dget limitations and we are no exception.
I fully support your proposal for the ice arena. I also hope that If your
plans come to fruition that Saint Thomas Academy can find It economically
feasible to use your facility.
Sincerely,
A'
W. Michael Funk
Assistant to the Headmaster
e Oce ec7C . umR eke"oG'e X6121 454 ��?ri
S- ITE 1150. 640C TOWER
6aC: NCPMANDALE -AKE BOULEVARD
B,-CCM'N__TCN, M'NNESOTA 55437-,C76
- 2' 92
- 2 2 C C
'E-ECCP.ER 92 -2244
FAEGRE &. BENSON
2200 NORWEST CENTER
9C SOUTH SEVENTH STREET
MINNEAPOLIS. MINNESOTA 55402-3901
6.2 '336-3000
TELECCPIER 336-3026
10 EASTCHEAP
LONDON EC3M 1ET. ENG -AND
Cl/623-6'63
TE�ECOPIER 623-3227
MEMORANDUM
TO: Thomas Hedges
Eagan City Administrator
FROM: Steve Rosholt
Faegre & Benson
2500 REPUBLIC PLAZA
370 SEVENTEENTH STREET
DENVER. CCLORADC 50202-4C04
3 C 3 5 9 2- 5 6 9 C
-E.ECOP'ER 592-5693
DATE: February 2, 1990
RE: Tri -Land Tax- Increment Proposal
Following the January 16 Council discussion of this
matter, Council members requested answers to certain specific
questions. Meanwhile, the developer presented an alternative
to the plan discussed on January 16. This Memorandum addresses
the specific questions by reference to the two alternative
proposals. Option One refers to the new proposal for a
privately -owned ice arena with one standard sheet of ice.
Option Two refers to the proposal discussed January 16 for a
publicly -owned ice arena which would include one enclosed,
Olympic -sized sheet of ice and one partially enclosed regular
sheet of ice. A detailed description of the two options is set
forth in a revised proposal submitted to the City earlier this
week.
1. When did multifamily units become a part of the
proposal?
Option One. Multifamily units are not included in
this proposal. The area shown as including multifamily units
under the Option 2 TIF District is not a part of the proposed
Option 1 TIF District.
0o±J1on Two. The parcels proposed to be occupied by
multifamily units were included as part of Option Two at the
request of the City's consultants as a means of creating a link
between the commercial development and the single family
housing development in order to satisfy legal requirements for
a contiguous project area. This step took place subsequent to
the Council's January 4 directive to prepare a plan and the
submission of the plan at the January 16 meeting.
2. How do we justify using public dollars to
indirectly, or directly, finance multifamily units when at the
same time, we have undertaken to limit the development of that
type of housing?
Option One. With the exclusion of the multifamily
parcel from the Option One TIF District, Option One would not
involve any direct or indirect subsidy of multifamily units.
Option Two. The developer reports that at the time of
preliminary plat approval in 1987 the Council indicated that it
would like to see multifamily housing on this parcel as a
buffer between the commercial development and adjacent single
family development. To the extent the Council permitted
increment from this parcel to be captured and applied to the
TIF financing for the project, the developer would have an
incentive to develop this parcel more rapidly. To the extent
the Council wanted to prevent any multifamily subsidy, the tax
increment from the parcel otherwise available to the developer
could be eliminated or capped as part of a development
agreement.
3. Since the proposal now calls for only a partial
building, shouldn't the costs decrease?
Option One. The partial building for a second sheet
of ice was eliminated from this proposal.
Option Two. After preliminary drawings for the arena
were prepared, it was apparent that costs exceeded previous
estimates. The building was scaled back,to keep costs in line
with projected tax increment.
4. Will the City be obligated for any up front
costs? What are the City's out-of-pocket expenses (actual or
potential)?
Option One and Option Two. The developer has agreed
to reimburse the City for out-of-pocket consulting expenses,
but not staff time. These costs are less than $15,000 to
date. The total consulting costs are expected to be in the
neighborhood of $50,000 to $75,000 through the stage of
completing a TIF Plan, conducting a financial feasibility
review and negotiating a development agreement.
5. Have we exhausted all private ownership options?
Option One. This is the private ownership option.
The tax increment available to finance the private ownership
option is restricted by the need to comply with the 75%/25%
good use/bad use requirements of tax increment law.
-2-
Option Two. In the opinion of the City's consultants,
an arena on the scale contemplated by Option Two could not be
financed with available tax increment as a privately -owned
facility under applicable legal restrictions.
6. What is the length of time attached to the "but
for" test?
Option One and -Option Two. The "reasonably
foreseeable future". The statute requires that the Council
determine that the proposed development is not reasonably
expected to occur solely through private investment within the
reasonably foreseeable future without tax increment. There is
no guidance as to what the "reasonably foreseeable future" is,
but presumably the period is limited to the time frame in which
development projections may reasonably be made. If a
development of the scale and quality as that which is proposed
seems inevitable without TIF assistance under current economic
and demographic conditions, the test is apparently not met.
The test would be met if in the opinion of the Council there is
not a reasonable expectation of the development occurring
without tax increment.
7. How will we protect existing merchants? Will the
developer consider covenants in this regard?
O ti n One and Option Two.
increment used would be the amount
arena and no increment would be use
costs of constructing other facilit
charged to tenants would be at a mz
the development would result in con
goods sold at the center. The deve
nor rejected the possibility of re:
development agreement, but has reqt
about any specific covenants the C�
general, municipalities are subject
and any proposed restrictive coveni
evaluated in that regara.
Under both options the tax
needed to finance the ice
3 to reduce developer's
ies. Accordingly, the rents
rket rate. The presence of
petition with respect to the
loper has neither accepted
trictive covenants in the
ested additional information
ty may have in mind. In
to certain antitrust laws
nts would have to be
8. Will the developer pay for operating costs?
Option One. Yes
Option Two. It would be negotiable, based primarily
on whether the developer controlled the management.
9. What are the risks noted as "non-payment of
property taxes" and "changes in the Minnesota property tax
system" on page 4 of the Springsted letter dated 1/12/90?
Option One and Option w . Tax increment is available
to meet financial obligations only to the extent the owners of
property in the TIF District actually pay their taxes. The
amount of tax increment depends in part on the state's property
tax system. For example, if the state restricted the property
taxes local governments could collect, lowered tax rates on the
particular properties in the TIF District or provided revenues
enabling significant reductions in local property taxes,
available tax increment would be reduced. These risks are all
borne by the developer under the proposed "pay-as-you-go"
plan. However, if a City -owned facility under Option 2 were
encumbered by a mortgage or other security arrangement, the
property itself would be subject to foreclosure if the debt
obligations were not paid.
10. Could the City's consultants make recommendations
or present a critique of the proposal once it is finalized?
Option One and Option Two. Yes
11. What are the nature and kinds of single-family
housing proposed?
O -tion One. Single-family housing is not a part of
this Option.
O-Ition Two. Similar to houses built to date in
Lexington Point subdivision.
12. What are the nature and kinds of multifamily
housing proposed?
Option.
Option One. Multifamily housing is not a part of this
Option Two. Two and three bedroom townhome units.
13. What is the developer's response to the assertion
that residential development generates more demand for public
services while causing loss of revenue?
Option One. Not Applicable.
option Two. The developer acknowledges that this
creates a demand for services but submits that the increased
commercial tax base and funding of a community ice arena more
than compensates for the public services required.
14. Who is responsible for the uncovered costs of (a)
deferred maintenance, (b) other depreciation and (c) other
operational and maintenance expenses?
Option One. The developer's projections include a
replacement reserve line item to cover deferred maintenance and
other depreciation and line items for operational expenses.
-4-
The developer has stated an intention to pay operating costs to
the extent not covered by revenues of the arena from other
revenues of the development. The level of funding of potential
reserve shortfalls will be negotiated as part of the
development agreement.
Opt -ion Two. These items are addressed in the
developers' projections. The City would be responsible to the
extent these items are not covered by operating income.
15. Please address the non-conformance issue with
City TIF policy as it relates to (a) detail use, (b) the
apparent limited partnership ownership and (c) the nature of
the jobs created.
Opt on One and ion Two. (a) There is no explicit
statement in the policy itself indicating that retail should be,
excluded from eligible tax increment uses, although the
drafters apparently assumed that retail uses would not be
approved. The City's tax increment policy statement
contemplates both "industrial" and "commercial" uses.
Ordinarily the term "commercial" includes retail uses. The
City's Land Use Plan includes retail within the general
category of commercial uses. Accordingly, this project is not
inconsistent with the actual language of the policy. The
policy does discourage the use of tax increment for "normal
development costs of economic development projects. Since the
proposed tax increment subsidy will be limited to the extra
costs of the ice arena, the proposal is consistent with the
policy statements on economic development projects. (b) The
developer is a general partnership, not a limited partnership.
(c) The developer has obtained representations that there will
be approximately 620 jobs in the retail center, medical/bank
building and outlot facilities which would equate to 240 - 40
hour equivalents.
16. There are several "possibilities" regarding
public ownership. Is there a specific proposal involving
public ownership? Are there any firm options from which to
chose?
Qptipon Cine. Not Applicable
Orion Tw. No. The format would be worked out in
the process of negotiating the development agreement.
17. Does the residential portion of the development
have to be part of the "but for" test?
option One. No.
Option Two. Yes.
-5-
�a3
18. What is the school district's position regarding
this project?
Option One and Option Two. To date, the school
district has expressed an interest in using the ice arena. The
school district has not commented on the specifics of either
Option.
19. Do other retailers support, or at least not
oppose, this development?
Option One and Option Two. The developer reports that
one retailer opposes the project, primarily with respect to any
additional off sale liquor licenses that may be granted.
20. How do our citizens stand on the ice
arena/community center issue? Can one public hearing give us
that answer?
Option One and option Two. The Developer believes,
based on meetings and polling, that there is substantial public
support.
3374e
SPRINGSTED
February 2, 1990
Mr. Thomas Hedges, Administrator
Eagan City Hall
3830 Pilot Knob Road
Eagan, MN 55122
Re: Tri -Land Tax Increment Financing (TIF) Project
Dear Mr. Hedges:
Following the Council's last consideration of this project, the City staff met with the developer
to reevaluate this project to find an alternative which more closely matched the City's TIF
policy and narrowed the scope of the City's TIF assistance. The result of these discussions
was the developer's presentation of a new option (Option 1), which better met these
objectives. This new Option 1 is substantially different from the original project (now
Option 2). Our purpose here is to outline the primary differences between these options in
order to highlight the resulting trade-offs for both the City and the developer.
Our method is a table format which is intended to provide a clear profile of each option and
how the two options differ. This format restricts the amount of description for each point,
and we are prepared as necessary to outline fully each area.
Table 1: A Comparison of Tri -Land's Two Development Options
Criteria
Type of TIF District
Term of TIF District and
Assistance
Option 1.
New
Economic Development
10 Years or 8 Collections of
Increment, Whichever is Less
Nature of TIF Land Write -Down of Property
Assistance in Private Development,
Excluding Arena
__ '� .. .. ,� _ •fir
Previous
Economic Development
10 Years or 8 Collections of
Increment, Whichever is
Less
Construction of Ice Facility
City of Eagan, Minnesota
February 2, 1990
Page 2
Amount of TIF $1,890,000 $3,950,000
Assistance
Method of TIF Pay -As -You -Go Pay -As -You -Go
Financing
Fiscal Disparities Yes Yes
Contribution From
Outside District
Size of TIF District See Map 1 - Substantially See Map 2
smaller than Option 2
Nature of Private
Ice Arena
Retail Mall and Grocery
Development of TIF
Retail Mail and Grocery Store
Store (95,000 sq. ft.)
District
(95,000 sq. ft.)
Bank/Medical Building
Bank/Medical Building
(18,000 sq. ft.)
(28,000 sq. ft.)
Commercial Outlot
Commercial Outlot
(10,000 sq. ft.)
(10,000 sq. ft.)
111 Single -Family
No Multi -family Residences
Residences
Nor Single -Family
80 Multi -Family Residences
Residences
Movie Theater
*Other Associated
4 Commercial Outlots
Development Outside District
"But For" Finding
Would the Private
Development Listed Above
Would the Private
Development Listed Above
Occur Without TIF?
Occur Without TIF?
Size of Ice Facility 33,000 sq. ft. Enclosed 52,000 sq. ft. Enclosed
Arena; One Standard -Sized Arena; One Indoor Olympic -
Ice Sheet, Seating for 1,200 Sized Ice Sheet, One
Partially Enclosed Standard -
Sized Ice Sheet, Seating for
3,000
Ownership of Ice Private Public
Facility
Operation of Ice Facility Quasi -Public Management Quasi -Public Management
Board Board
Professional Manager Professional Manager
The developer is anticipating two decisions from the Council at this time.
Does the Council want to move ahead with scheduling a TIF public hearing for this
project?
The statutory requirements are such that the first eligible date is March 20, 1990.
2. If a hearing is scheduled, which option would the Council wish to pursue?
City of Eagan, Minnesota
February 2, 1990
Page 3
It should be cautioned that the financial feasibility analysis of using TIF for this project is still
preliminary. Neither side has moved ahead because of the uncertainty regarding the project
and the desire to minimize costs for the period prior to scheduling the public hearing. If a
public hearing is scheduled, the TIF financial analysis will be finalized.
Lastly, the City has concerns regarding the operational financial viability of the ice arena.
The developer has submitted single -page operating pro formas for each option. We have
requested all backup information for these pro formas. The City will perform a rigorous
analysis of the submitted pro formas, as well as obtain financial profiles of comparable ice
facilities from other suburban arenas.
Our concern is based on ensuring the basic objective of why the City is participating in this
project and why certain citizens are supporting this project, namely the construction and
long-term operation of an enclosed ice arena. We believe that although Option 1 presents a
privately -owned facility, if the arena experienced an operational deficit which presented the
possibility of closing the facility, a future City Council could be faced with the decision of
intervening financially to keep the arena open.
This concern grows given the potential of a private lender requiring a first position on the
gross revenues of the arena in the event increment income is insufficient to meet debt
service of the facility. Our objective in satisfying this concern is to quantify the operational
exposure to the developer and potentially to the City. Once the exposure is defined, the
question of reducing the City's exposure can be addressed.
If the decision is to proceed with the project, we anticipate a great deal of work before
March 20 in order to finalize the development agreement and TIF documents.
We would be glad to respond to any questions regarding this project.
Respectfully submitted,
David N. MacGillivray 7
Vice President
mmr
PROPOSED BONDARIES OF. -THE
TAX INCREMENT FINANCING DISTRICT
~TMENTS
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ECONOMIC DEVELOPMENT TIF DISTRICT
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Page 19
lad
WJ? LAKE PARK
INDEPENDENT SCHOOL DISTRICT 196
14445 DIAMOND PATH
ROSEMOUNT, MINNESOTA 55068-4199
(612) 423-7712
January 24, 1990
Mr. Tom Hedges
City Administrator/City of Eagan
Eagan City Hall
Eagan, Minnesota 55123
Dear Tom,
■DR. JOHN O. HANSON
DIRECTOR OF SECONDARY INSTRUCTION
1 would like to update you as to our needs regarding ice time as
it relates to Eagan High School. We have made an assessment of
ice time needs as it relates to figure skating, junior varsity
and varsity hockey programs. Using the 1990 rates as identified
by the Burnsville ice facility, we would estimate a cost of
approximately $14,500 for rented ice time for these organiza-
tions. As you understand, we have a very limited budget
available to us for these kinds of facilities, therefore, we
would be very conservative in the amount of time we would rent.
Regarding the possibility of the district assisting the city with
debt service or other operating costs, we do not have voter
authorization to incur any support for the debt service of an ice
arena. In order to have this, we must have support of the public
through a referendum vote. Regarding additional operating costs,
again, that implies voter approval which we do not have and thus
would only be able to rent ice time as identified in the first
paragraph.
We think the facility as being discussed certainly provides
opportunities for the young people of Eagan in developing their
skating skills. We have very limited monies available for the
rental of ice time. We would be happy to discuss how we could
support the proposal within this context.
Sincerely,
John Hanson
Director of Secondary Education
word/seced/dicl-23/1
1-24-90
xc: R. J. Rehwaldt, Superintendent
Joel Sutter, Director of Support Services
\/:5c)
Agenda Information Memo
February 6, 1990 City Council Meeting
SENECA WASTEWATER TREATMENT PLANT
B. Seneca Wastewater Treatment Plant, Presentation by Citizens Against Seneca Capacity
Expansion --Mr. John Westley, representing a group identified as Citizens Against Seneca
Capacity Expansion (CASCE), had requested time on the January 16 meeting to present
certain comments and concerns that suggest a breach of contract in the development
agreement with the MWCC and that agency's expansion of the Seneca Wastewater
Treatment Plant. The information that was submitted to the City by Mr. Westley at the
last meeting is again included for Council review on pages 1_-,>L through
A specific issue raised in Mr. Westley's letter relates to violation of the Federal Clean
Water Act. Mr. Westley states, "By excess dewatering of the site they are now breaking
FCWA regulations regarding drainage of the same Natural Wetlands and water basins for
whose protection the law was enacted". This letter continues to reference the development
agreement section regarding the dewatering permit.
The DNR scheduled a pre -hearing conference at the request of the City on the specific
issue of an amendment to the temporary water appropriation permit (dewatering) and that
meeting was held at 1:30 p.m. on Thursday, February 1 at Minnesota Department of
Natural Resources Building in St. Paul. City staff will provide an update at the meeting
on Tuesday regarding the hearing. The MWCC sent a letter to the City dated January
17 in regards to the MWCC Eagan development agreement and a copy is enclosed on
pages I-& through 1.�!2 This letter specifically addresses the MWCC's response to the
City's demand for a hearing on an amendment to the temporary water appropriation
permit.
The reason this item was continued to the February 6 meeting is to allow Mr. Westley an
opportunity for additional testimony and a response to his questions.
ACTION TO BE CONSIDERED ON THIS ITEM: To consider the presentation and
comments by Mr. John Westley, representing CASCE.
Mr. Tnrn
City Admi.ni=,tratnr
3830 Filot Knob Rd.
Eagan MN 99122
January 7. '1990
RP:SPner�a WWTP rapar:ity expansion development breach of contract
and agreement by the Metropolitan Waste Control Commision(MWCC)
Sir,
As requested by your staff, this is written notification of
our desire to be placed the January 16th City Council meeting
agenda for the purpose of compliance reviewal relating to the
above r,?fPrPnced project.
On 6,1989 the Minnesota State Legislature Environment
and Natural Resource, Committee found the MWCC in violation of MN
Statute 105.405 by diverting more than twice the allowable two
millinn g=11^n r, --r day limit without Legislative and DNF.
apprnva 1 . P t hi- a, -:tion the MWCC also has drawn pol li.itants into
the -=urrnnn--3ins well and water basins in violation of Dakota
County HP�31th 't�ndards.
Fj:r+hnr, the City of Eagan's zoning, platting, biillding, and
sub-di,,•isfon ordinances are being subverted (see enclnsure)by the
capacity expansion that is being allowed to take place on land
that. is de-,ignated as a protected Flood Plain District. by City
Code.
Finally, the MWCC continues to procede with the rapacity
eirpansion of this plant delaying the immediate effluent upgrading
that is rPq,.0 rcd by their violation of the Federal Clean Water
Ac.':"FCWA?. Ey excess dewatering of the site they are now breaking
FCWA re7i:lations regarding drainage of the same Natural Wetlands
and watei basins for whose protection the law was enacted.
These known and recognized violations of law clearly breaches
Article II Fection 2.1E of the City's development agreement and
of the tandatd development contract in regards to permit, non-
compliance. These clauses require that the City declare the
developer in default and restrain further development until
corrective actions are complete.
Our City has the jurisdiction and more importantly the obli-
gatinn to protect it's environment and resources by enforcing
compliance with all laws including our own regulations,r_ontrncts,
agreements, ordinances, codes, and permits in the most expediant
manner possible. Potential continued damage is imminent unless
whatever actions necessary are immediately taken to seek enforce-
ment and an equal appplication of justice.
cc: Eagan City Council
r
Sincerely
Yohn I. WPs ley
Citi"z'ens Against Senec-a
Capacity Expansion(CA§CE)
1,51
IAN TRAQUAIR BALL
ATTORNEY AT LAW
2116 SECOND AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55404
612/874.7070
November 15, 1988
Eagan City Council
Municipal Center
3830 Pilot Knob Road
Eagan, Minnesota 55122
RE: MWCC Seneca Plat Addition
Dear Mayor and City Council Members:
I represent John Westley, of 1747 Bluebill Drive, Eagan with
respect to the above preliminary plat, which is scheduled for
hearing on November 15, 1988. The preliminary plat is for the
purpose of expansion of the Seneca Waste Water Treatment Plant.
Because the preliminary plat does not conform to present city
subdivision and zoning regulations, plat approval should be
denied.
Subdivision Four, Zoning Regulations of Section 13.20,
Subdivision Regulations, explicitly requires that land
subdivision must comply with city zoning regulations:
"Subd. 4. Zoning regulations. Every plat shall conform
with existing provisions of the City Code and subdivision
regulations applicable at the time of proposed final
approval..."
The subject property is located as a legal non -conforming
use in an area presently zoned as I-1 Limited Industrial.
Subdivision 16, I -Limited Industrial District, of the city zoning
code, Chapter 11, makes no provision for wastewater treatment
plant facilities either as a permitted or as a conditional use.
Accordingly, any proposed changes to the Seneca wastewater
treatment facility must comply with the requirements of
subdivision 3, section 11.10, Non -conforming Uses. Paragraph A
of subdivision 3 allows an expansion of a legal non -conforming
use only if it would conform to the provisions of Sections 6.01
through 6.06, now repealed.
The applicable requirements of Section 6.03, subdivision 1,
are as follows:
16Z
"Subdivision 1. -- NON -CONFORMING USES. Any lawful use of
any structure or land existing at the time of adoption of
this ordinance or any amendments thereof which does not
conform to the permitted uses in the district in which such
land or structure is located may continue provided that:
A. No substantial change is made in any land or
structure.
B. No addition which amounts to more than 5% of the
value of any such non -conforming structure is made."
The proposed preliminary plat consisting of 87.83 acres is
obviously a substantial change to the existing facility, and the
proposed improvements well exceed the 5% standard of that
section.
Because the proposed project is for a legal non -conforming
use and does not comply with the requirements of Section 13.20,
subdivision Four, and Section 11.10, subdivision 3, including
Section 6.03, the city must deny preliminary approval.
ITB/tke
133
Sincerely,
Ian TraquaiBall
i
IAN TRAQUAIR BALL
ATTORNEY AT LAW
2116 SECOND AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55404
612/874.7070
December 6, 1988
Eagan City Council
Municipal Center
3830 Pilot Knob Road
Eagan, Minnesota 55122
RE: MWCC Seneca Plant Addition
Dear Mayor and City Council Members:
I am writing in behalf of John Westley, of 1747 Bluebill
Drive, Eagan, in regard to the proposed preliminary plat for the
expansion of the Seneca Waste Water Treatment Plan. A number of
objections to the expansion have been made by Eagan residents,
including the objection that the proposed expansion does not
conform to the present zoning, and so must be denied.
Your city subdivision ordinance requires that land
subdivision must comply with city zoning regulations. Section
13.20, Subd. 4, of the city's Subdivision Regulations speci-
fically requires plats to conform to city zoning. The property
under consideration is presently zoned as I-1 Limited Industrial.
This zoning district was enacted by the Eagan City Council in
January, 1983. No provision was made for wastewater treatment
plants as either a permitted use or a conditional use. As a
result, any changes to the wastewater treatment facility must
comply with the requirements of Section 11.10, Subd. 3 of the
zoning ordinance for non -conforming uses. The applicable
standards prohibit any substantial change in land or structure,
or in excess of 5 percent of the value of the non -conforming
structure. The proposed plat must be denied because the
treatment plan expansion violates both criteria.
Proponents of the expansion have argued that the city must
permit expansion of the plant, because it is a non -conforming us
initially permitted by the city. This argument is not supported
by Minnesota zoning law, which has long held that local
governments have the authority to restrict the expansion of non-
conforming uses and structures.
Eagan City Council
December 6, 1988
Page 2
A case in point is Count of Freeborn v. Claussen, 295 Minn.
96, 203 N.W.2d 323 (1972). In that case, a property owner used
his property for storage and repair of earth -moving equipment.
Subsequently, the town zoned the property as residential and the
use became a valid non -conforming use. When the property owner
sought to expand, the county denied the permit. The Minnesota
Supreme Court upheld the county's refusal to allow expansion:
"It is not required, however, that pre-existing non -conforming
uses be allowed to expand or enlarge. The public policy behind
that doctrine is to increase the likelihood that such uses will
in time be eliminated due to obsolescence, exhaustion, or
destruction." Id, at 99.
The fact that the city may not have enforced the ordinance
against any plan changes in the past does not prevent the city
from correctly enforcing the ordinance, even if the property
relied to his or detriment on prior city action. See Frank's
Nursery Sales v. City of Roseville, 295 N.W.2d 604 (1980). This
is a principle long recognized throughout this country.
In reality, the proponents of this project are attempting to
accomplish a defacto rezoning of the property by claiming that
its grandfathered status permits an expansion of use which would
otherwise require a rezoning. This approach is clearly improper
and subverts the procedural requirements of your zoning
ordinance. Accordingly, the plat application should be denied.
ITB/tke
Sincerely,
Ian Traquair
/3S
Ball
January 17, 1989
The Honorable Tom Egan
Mayor of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Mr. Thomas Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Metropolitan Waste Control Commission
Mears Park Centre, 230 East Fifth Street, St. Pau], Minnesota 55101
Re: MWCC Eagan Development Agreement
Dear Mayor Egan & Mr. Hedges:
D
JAN 2 a 1990
612 222-8423
In December, the Commission received a copy of a letter from your city
attorney to the Minnesota Department of Natural Resources indicating
you intend to proceed with the city's demand for a hearing on an
amendment to the Temporary Water Appropriation Permit, Permit
#89-6092, issued for the Seneca Plant Expansion and Upgrade. In light
of that letter we feel it is appropriate to give you the following
notice.
Pursuant to Article VI, Section 6.3 of the Development Agreement dated
March 2, 1989 between the Metropolitan Waste Control Commission and
the City of Eagan, this letter serves as written notice that requests
for a hearing on the permit amendment may result in an excused delay
in the Commission's performance of the Development Agreement.
Under Article VI, Section 6.2 of the Agreement (Force Majeure Clause)
the parties' obligations to comply with the schedules and deadlines
for compliance set forth in the Agreement may be delayed to the extent
that noncompliance is caused by circumstances beyond the control of
the parties. Circumstances that will entitle the parties to an
excused delay in compliance with the Agreement include delays in
necessary administrative review and/or permit approval by the city or
other governmental bodies.
In order to prevent delays in construction of the Seneca Plant
Expansion and Upgrade, the Commission has in the past and will
continue to work closely with the Minnesota Department of Natural
Resources to obtain and comply with the necessary permits for the
project. The Commission will, of course, adopt all reasonable
measures to avoid or minimize any delays resulting from the hearing
Equal OpportunitylAffirmatwe Action Employer
The Honorable Tom Egan
Mr. Thomas Hedges
January 17, 1990
page 2
process. However, we are unable to predict at this time the extent to
which a hearing and the Department's procedures in connection
therewith will result in a delay in compliance with the Development
Agreement.
Sincerely,
Gordon O. Voss
Chief Administrator
GOV : am
CC: James Sheldon, McMenomy & Severson
13�
Agenda Information Memo
February 6, 1990 City Council Meeting
ORDINANCEIPAM TRAIL DEDICATION
C. Ordinance, Park Trail Dedication --The trail dedication ordinance recommended for
approval by the Advisory Parks and Recreation Commission was given concept approval
at the January 4, 1990 City Council meeting. The final draft is in order for consideration,
requ. 'ng formal adoption at the February 6 meeting. Enclosed on pages through
-� is a copy of the proposed ordinance, trail dedication policy and park dedication
policy as presented. The trail dedication policy and park dedication policy have been
presented previously and are attached only for the purpose of providing a complete
package including 1990 rates.
The item does not require any discussion or public hearing since there are no changes
from the January 4 meeting. However, the ordinance does require formal adoption and
approval by the Council.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide a final ratification to the
trail dedication ordinance as presented.
ORDINANCE N0. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER 13, ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY
AMENDING SECTION 13.20 REGARDING PUBLIC USES; AND BY ADOPTING BY
REFERENCE EAGAN CITY CODE CHAPTER 1.
The City Council of the City of Eagan does ordain:
Section 1. Section 13.20 is hereby amended by adding Subdivision
8.A.8 to read as follows:
Section 13.20, Subd. 8.A.8 Park Trail Dedication.
As a prerequisite to plat approval and/or a waiver of plat approval,
the applicant shall dedicate land required to complete the City's
Trail Plan and/or shall make a cash contribution to the City's Park
Trail Fund, at the City's option. Land dedication shall be in an
amount as determined by the Council as reasonably necessary to
complete the City's Trail Plan in accordance with the City's Trail
Dedication Policy. The cash contribution shall be based on a rate
schedule established by resolution of the Council, from time to time.
For residential property, the cash contribution shall be made at the
time of approval of the final plat or approval of the waiver of plat
in the amount as determined by the rate schedule in effect at the
time of the approval. With respect to commercial, industrial, or
public facility property, the cash contribution shall be made at the
time of the issuance by the City of a building permit in the amount
as determined by the rate schedule in effect at the time of the
issuance of the permit.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation"' is hereby adopted in their entirety by reference as
though repeated verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its
adoption and publication according to law.
ATTEST: CITY OF EAGAN
By.
Its: Clerk
Date Ordinance Adopted:
By:
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
1 3q
CITY OF EAGAN
TRAIL DEDICATION POLICY
POLICY ADOPTING STANDARDS AND GUIDELINES FOR
DETERMINING THAT PORTION OF LAND BEING PLATTED,
SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR
DEDICATED TO THE PUBLIC FOR TRAIL PURPOSES OR WITH
RESPECT TO WHICH CASH IS TO BE CONTRIBUTED TO THE CM
IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL AS
PROVIDED BY SECTION 13.2.0 OF THE CITY CODE.
1. PURPOSE
The City Council recognizes that in the best interest of the health, safety and welfare of the
residents of Eagan, that a standard be adopted to complete the Park Trail System as set forth
in the Eagan Comprehensive Guide Plan. The Eagan trail system is designed to provide links
between the various points of interest and public facilities which exist and are planned within the
community. To more adequately assure the timeliness and priority of the completion of segments
of the trail system, the Council has resolved that as a prerequisite to plat approval, subdividers
shall dedicate land for trails and/or shall make cash contribution to the City's park trail fund as
provided by this section.
2. TR -41L LA'I'D DEDICATION_ REQUIREMENTS
A. Land to be dedicated shall be reasonably suited for its intended use and shall be at a
location identified upon the City of Eagan's Trail Plan.
B. The Park and Recreation Advisory Commission shall recommend to the City Council the
trail land dedication and/or cash contribution requirements for proposed subdivisions.
C. Changes in density of plats shall be reviewed by the Parks and Recreation Advisory
Commission for reconsideration of trail land dedication and cash contribution requirements.
D. When a proposed trail has been indicated in the City's official map or Comprehensive
Plan, and it is located in whole or in part within the proposed plat, it shall be designated
as such on the plat and shall be dedicated to the City of Eagan. If the subdivider elects
not to dedicate an area in excess of the land required hereinunder for such a proposed
trail, the City may consider acquiring the trail land through purchase or condemnation.
E. Land area conveyed or dedicated to the City shall not be used in calculated density
requirements of the City zoning ordinance.
(�u
3. CASH DEDICATION
A. In Iieu of trail land dedication as set forth on the City's Trail Plan, the City may require
the following cash donations:
Residential Dwelling Units $100.00 per dwelling unit
1990
Commercial/Industrial/Public Facility $854.00 per acre
B. The city may elect to receive a combination of cash and land for trail use. The fair
market value of the land the City requires for its trail system shall be subtracted from the
cash contribution requirement set forth in paragraph 3(a). The remainder shall be a cash
contribution requirement.
C. The fair market value shall be determined as of the time of preliminary plat approval in
accordance with the following:
1. The City and the developer may agree as to the fair market value; or
2. The fair market value may be based upon a current appraisal submitted to the Cite
by the subdivider at the subdivider's expense. The appraisal shall be made by
appraisers who are approved members of the MAI or equivalent real estate
appraisal societies.
3. If the City disputes such appraisal, the City may, at the subdivider's expense,obtain
a second appraisal of the property by an appraiser who is a member of the MAI
or equivalent real estate appraisal societies. The second appraisal shall be
conclusive evidence of the fair market value of the land.
D. Planned Developments with mixed land uses shall make cash and/or trail lane
contributions in accordance with this section based upon the percentage of land devoted
to the various uses.
E. Cash for trail contributions are to be calculated at the time of final plat approval. Witt
respect to a cash dedication for residential units, payment shall be required prior to th€
City releasing the final plat for recording purposes. With respect tc
commercial/industrial/public facility property, payment for the cash dedication shall bs
made at the time of the application for the building permit.
F. Cash contributions for the trail dedication shall be deposited in the City's Park and
Recreation Trail Development Fund and shall only be used for trail planning, acquisiti-oi
or development.
(4(
CITY OF EAGAN
PARK DEDICATION POLICY
POLICY ADOPTING STANDARDS AND GUIDELINES FOR
DETERMINING THAT PORTION OF LAND BEING PLATTED,
SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONTRIBUTED TO
THE CITY IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL
AS PROVIDED BY SECTION 13.20 OF THE CITY CODE.
1. PURPOSE:
The City Council recognizes it is essential to the health, safety and welfare of the residents of
Eagan and persons working in Eagan, that the character and quality of the environment be
considered to be of major importance in the planning and development of the City. In this
regard the manner in which land is developed and used is of high priority. The preservation
of land for park, playground and public open space purposes as it relates to the use and
development of land for residential, commercial/industrial purposes is essential to the
maintaining of a healthful and desirable environment for all citizens of the City. The City must
not only provide these necessary amenities for our citizens today, but also be insightful to the
needs of our future citizens.
It is recognized by the City Council that the demand for park, playground and public open
space within a municipality is directly related to the density and intensity of development
permitted ad allowed within any given area. Urban type developments mean greater numbers
of people and higher demands for park, playground and public open space. To disregard this
principle is to inevitably over -tax existing facilities and thus, diminish the quality of the
environment for all.
The City's Park Systems Plan Study has established minimum community criteria for meeting
the needs of the residents of Eagan. In order to meet the community needs for parks and open
space,15 acres of park shall be required for each 1,000 residents, of which 12 acres shall be
designated as neighborhood parks.
This shall be the standard upon which the City shall establish its parkland and parks cash
dedication.
It is the policy of Eagan that the following standards and guidelines for the dedication of land
for park, playground, and public open space purposes (or cash contributions in lieu of such
dedication) in the subdividing and developing of land within the City shall be directly related
to the density and intensity of each subdivision and development.
1
2.
3.
RESIDENTIAL PARKLAND DEDICATION
The amount of land to be dedicated by a developer shall be based on the gross area of the
proposed subdivision, proposed type of dwelling unit and density. Census data for 1985 of 3.5
residents for single family, 2.8 for duplex, 2.1 for townhouse/quad. and 1.9 for apartments has
been used as density standards for formulating calculations in meeting the criteria of park needs
of Eagan residents.
The formula for land dedication:
The greater of 1) proposed units per acre or 2) zoned density.
DWELLING UNITS LAND TO BE DEDICA
0 - 1.9 units per acre 8%
1.9 - 3.5 units per acre 10%
3.5 - 5.9 units per acre 12%
6 - 10 units per acre 14%
10 + units per acre Add .5% for each unit over 10
STA'N'DARDS FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES
A. Land proposed to be dedicated for public purposes shall meet identified needs of the
City as contained in the Park Systems Plan and Comprehensive Guide Plan.
B. Prior to dedication for public purpose, the subdivider shall deliver to the City Attorney,
an abstract of title or registered property abstract for such dedication. Such title shall vest
in the City good and marketable title, free and clear of any mortgages, liens,
encumbrances, assessments and taxes. The conveyance documents shall be in such form
acceptable to the City.
C. The required dedication and/or payment of fees -in -lieu of land dedication shall be made
at time of final plat approval.
D. The removal of trees, topsoil, storage of construction equipment, burying of construction
debris, or stockpiling of surplus soil is strictly forbidden without the written approval of
the Director of Parks and Recreation.
E. Grading and utility plans, which may affect or impact the proposed park dedication, shall
be reviewed and approved by the Parks ad Recreation Director prior to dedication, or
at such time as is reasonably determined.
F. To be eligible for park dedication credit, land dedicated is to be located outside of
drainways, flood plains or ponding areas after the site has been developed. Grades
exceeding 12% or are unsuitable for parks development shall be considered for partial
dedication.
1 (�3
2
Where ponding has been determined to have a park function, credit will be given at a
rate of 50% of the pond and adjoining land area below the high water level; a minimum
of 70% of land above the high water mark shall be dedicated before pond credit is
granted. Other City park dedication policies relating to pond dedication must also be
complied with.
In those cases where subdividers and developers of land provide significant amenities
such as, but not limited to swimming pools, tennis courts, handball courts, ball fields, etc,
within the development for the benefit of those residing or working therein, and where,
in the judgment of the Director of Parks and Recreation, such amenities significantly
reduce the demands for public recreational facilities to serve the development, the
Director may recommend to the Advisory Parks and Recreation Commission that the
amount of land to be dedicated for park, playground and public open space (or cash
contributions in lieu of such dedication) be reduced by an amount not to exceed 25%
of the amount calculated under paragraph 2 above.
G. The City, upon review, may determine that the developer shall create and maintain some
form of on-site recreation use by the site residents such as tot lots and open place space.
This requirement may be in addition to the land or cash dedication requirement.
4. CASH DEDICATION
If, at the option of the City, it is determined that a cash dedication shall be made, said cash
shall be placed in a special fund for Parks and Recreation use and deposited by the developer
with the City prior to final plat approval.
The City Council, upon review and recommendation of the Advisory Parks and Recreation
Commission, shall annually determine by resolution the park cash dedication fee per residential
unit. Said fee shall be determined by the average market value of undeveloped residential
property by zoning classification, served by major City utilities, divided by the number of units
per acre which shall provide the equivalency of twelve acres per thousand population.
Said cash dedication, effective January 1, 1990 shall be:
Cash Equivalent
Units Per
Per Residential
Housing True
Average Market Value
100 Population
Unit
Single Family
$16,000 per acre
28
$685.00
Duplex
$17,500 per acre
35
600.00
Townhouse/Quad
$21,000 per acre
47
535.00
Apts/Multiple
$23,500 per acre
52
540.00
Cash dedication shall be determined/computed at the rate in effect at the time of final plat.
5. INDUSTR AL(COMMERCIAL DEDICATION REQUIREMENTS
Subdividers and developers of commercial/industrial land, including commercial/industrial
portions of Planned Developments, shall be required at the time the site plan is
approved and building permits are issued to dedicate to the City for park, playground
and public open space purposes, an amount of land up to 7.5% of the net land area
within the development as determined by the City.
In those cases where the City does not require park or open space within such
developments, the City shall require payment of fees in lieu of such land dedication in
an amount equal to $.055 per square foot of net land area, or such amount as
determined by the City Council. Cash shall be contributed at the time of approval of
each final plat or at the time of site plan or building permit approval, as determined
by the City. The fee dedication requirement for all commercial/industrial plats which
have received site plan approval prior to January 1, 1983, but have not been issued
building permit approval from the City, shall be in an amount equal to $.025 per sq.
ft. of net land which shall be contributed at the time of building permit approval.
A credit of up to 25% of the required dedication may be allowed by the City Council
for on-site storm sewer, water, ponding and settling basins provided that such
improvements benefit identifiable park and recreation water resources.
The City Council, upon review and recommendation of the Advisory Parks and
Recreation Commission, may annually review and determine by resolution, an
adjustment to the industrial/commercial fee based upon the City's estimate of the
average value of undeveloped commercial/industrial land in the City.
6. REQUIRED IMPROVEMEly'TS
Developers shall be responsible for making certain improvements to their developments
for park, playground and public open space purposes as follows:
A. Provide finished grading and ground cover for all park, playground, trail and
public open spaces within their development as part of their development
contract or site plan approval responsibilities. Landscape screening shall be in
accordance with City Policy.
B. Establish park boundary corners for the purpose of erecting park limit signs.
The developer shall contact the appropriate Parks and Recreation Department
personnel for the purpose of identifying park property comers.
C. Provide sufficient public road access of no less than 300 feet for neighborhood
parks and additional frontage for community parks.
7. AUTHORITY
1990
The State of Minnesota has recognized the importance of providing for parks and open
space in M.S.A. 462.358, Subdivision 2 (b) which clearly gives the right to cities in it's
subdivisions regulations to require reasonable portions for public use. The City of
Eagan has, by this dedication policy, chosen to exercise this right in establishing
minimum requirements for meeting the public needs.
/4�
Agenda Information Memo
February 6, 1990 City Council Meeting
RESOLUTION O'NEIL PLANNED DEVELOPMENT
COMP GUIDE PLAN AMENDMENT
D. Resolution, O'Neil Planned Development Comprehensive Guide Plan Amendment,
Execution of Planned Development Agreement and Authorization to Prepare a
Transportation Corridor Study --The comprehensive guide plan amendment, PD agreement
and transportation corridor study are in order for authorization and direction by the City
Council. In order to finalize approval of the O'Neil Planned Development, located north
of Yankee Doodle Road between Lexington Avenue and I -35E, the City Council is
required to take action on the three (3) action items.
For additional information on the O'Neil�7?
d Develo ent, refer to a report by
Planner I Kristy Marnin enclosed on pages through *.-
ACTION TO BE CONSIDERED ON THIS ITEM: 1) Comprehensive Guide Plan
Amendment - to approve or deny a resolution granting the comprehensive guide plan
amendment, 2) to approve or deny execution of the PD Agreement and 3) to authorize
staff to study the need for the preparation of a transportation corridor study for Yankee
Doodle Road, based on the traffic analysis prepared for the O'Neil PD and on the Met
Council's recommendation.
147
MEMORANDUM
TO: Tom Hedges, City Administrator
FROM: Kristy Marnin, Planner I
DATE: January 30, 1990
SUBJECT: City Council Agenda Item - February 6, 1990 Meeting
O'Neil Planned Development
1) Resolution Approving Comp Guide Plan Amendment
2) Execution of PD Agreement
3) Authorization to Study the Need for a
Transportation Corridor Study
To finalize approval of the O'Neil Planned Development, located
north of Yankee Doodle Road between Lexington Avenue and I -35E,
City Council action is requested on the following items.
1) Comprehensive Guide Plan Amendment
The City Council approved a Comprehensive Guide Plan amendment
changing the land use designation of the O'Neil property from D -
III Mixed Residential (6 to 12 units per acre) to CPD Commercial
Planned Development on October 3, 1989, contingent upon.
Metropolitan Council review and comment. The Metropolitan Council
adopted the requested plan amendment on January 11, 1990. Numerous
concerns were raised by the Metropolitan Council related to
transportation in the Yankee Doodle Road corridor (see Item 3
below). The referral report and letter received from the
Metropolitan Council regarding its action and comments on the plan
amendment is attached.
The City Council is requested to approve the resolution granting
the Comprehensive Guide Plan amendment.
2) Planned Development Agreement
The City Attorney's office has been working with the O'Neils to
finalize execution of the Planned Development Agreement. The City
Council is requested to approve execution of this PD Agreement.
3) Transportation Corridor Study
The City Council is requested to authorize staff to study the need
for 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.
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
Tom Hedges
January 30, 1990
Page Two
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 more than it will
affect metropolitan highway capacity (i.e. does not impact a
metropolitan system under the Metropolitan Council's jurisdiction).
However, 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, the Metropolitan Council
recommended that a comprehensive transportation corridor study of
Yankee Doodle Road between Lexington Avenue and Pilot Knob Road he
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 revie.:r
of the O'Neil Comprehensive Guide Plan amendment submission has
made it apparent that the Metropolitan Council and other regulatory
agencies are 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, SERI 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 these matters, please advise.
Attachments
cc: Dale Runkle
Jim Sturm
METR0P0LITAN COUNCIL Mean Park Centre, 230 Fast Fifth _ street. St, Paul, MN. 55101 612 291-6359
Janaary 16, 1990
Mr. Tar, Hedges, Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, ml 55122
RE: Comprehensive Plan Amendment Review
City of Eagan
O'Neil Planned Development
Metropolitan Council Referral File No. 14825-6
Dear ?or. Hedges:
At its :meeting on January 11, 1990, the Metropolitan Council considered `,..he
cit,; of Eaga�'s comprehensive plan amendment. This consideration was based on
Referral
a _ t
eport of the ,etropolitan and Cont;mmunity Development Camti�mmittee,
React .�c. 90-1. fi copy of this report is attached.
'ane Council adopted the following rec�nendations contained in the above
report:
'":gat the Council adopt the staff report and findings as stated above
�. as part of these recar mendations.
2. --at Eagan'-- plan amendment to change the land use designation of the
O'Neil property from Nixed Residential to CcrTnercial Planned
Development, capped by an average daily trip generation rate of 8690
be approved with the following stipulations:
a. Peak hour traffic volumes at the Lone Oak Road, Yankee Doodle
Road and Pilot Knob/1-35E interchanges should be monitored in
conjunction with the develoanent/improvements on the O'Neil site.
b. That the city's corridor study for the area between Lexington
Avenue and Pilot Knob Road examine the impacts of existing
and proposed land uses on I -35E interchanges.
C. That the City and Dakota County continue to work together to
ensure that an adequate network of minor materials and collectors
is available to serve sub -regional trips generated by the land
uses along Yankee Doodle Road.
t5o
Page 2
Mr. Tcm Hedges
3. That the city of Eagan be advised that if land uses within the
vicinity of the I -35E interchanges severly impact the I -35E
mainline capacity, Metropolitan Council Transportation Policies
would support the metering of on -ramps.
Sincerely,
r
Steve Keefe
(Th air
SK: 7-1
Attacc-L ie'.i
KristAjarrnin, Planner, City of Eagan
�
R.F. Odde, yetrop0litaP. waste Control C mission
Riczarc Thccroson, Metropolitan Council Staff
JMetropolitan Council 'Meeting of January 11, 1990 Business Item- B-4
METROPOLITAN COUNCIL
Mears Park Centre, 230 East Fifth St., St. Paul, Minnesota 55101
612/291-6359
REPORT OF THE h1ETROPOLITAN AND COMMUNITY
DEVELOPMENT COMMITTEE B
Referral No. 90-1
DATE: January 5, 1990 N
TO: Metropolitan Council C
D
SUBJECT: City of Eagan Comprehensive Plan Amendment C
O'Neil Planned Development
Metropolitan Council Referral File No. 14825-6
Metropolitan Council District No. 15
BACKGROUND
The proposed amendment changes the land use designation of approximately 120 acres located at
the northwest corner of Yankee Doodle Road and Lexington Avenue from Mixed Residential to
Commercial Planned Development.
ISSUES AND CONCERNS
Richard Thompson, Council staff (ext. 6457), presented the report. Several speakers addressed the
committee including Jim Benshoof, Highway Engineer representing Federal Land Company, Robert
Byers, Highway Engineer representing the city of Eagan, Kristi Marnin, Planner representing the
city of Eagan, Ann Braden, Council staff. Numerous concerns were raised by Mr. Benshoof and
members of the committee. Concerns included who would pay for needed improvements to Yankee
Doodle Road, the advisability of using a cap on average daily traffic as opposed to p.m. peak,
conditioning approval on satisfaction of all requirements of the indirect source permit, the effects
of this development proposal in relation to the existing guided residential use, and the effects of
this propoaal on the metropolitan highway system (I -35E).
The city indicated that its study of the corridor would address payments for needed improvements
to Yankee Doodle Road and other local streets. Everyone agreed that a cap on p.m. peak was
probably advisable, but there are technical reasons why it would be difficult to employ in this case.
The city stated that satisfaction of the requirements of the indirect source permit would have to
occur before development of the site. It was stated that development of the site as a commercial
planned development would have greater impact on the highway system than development at mixed
residential uses.
RECOMMENDATIONS
t That the Council adopt the staff report and findings as stated above as part of thc.ic
recommendations.
2. That Eagan's plan amendment to change the land use designation of the O'Neil property
from Mixed Residential to Commercial Planned Development, capped by an average daily
trip generation rate of 8690 be approved with the following stipulations:
a. Peak hour traffic volumes at the Lone Oak Road, Yankee Doodle Road and Pilot
Knob/1-35E interchanges should be monitored in conjunction with the
developmentrmprove men ts on the O'Neil site.
b. That the city s corridor study for the area between Lexington Avenue and Pilot
Knob Road examine the impacts of existing and proposed land uses on I -35E
interchanges.
C. rhat the City and t •a County co, nue to work together to ensure that an
adequate network of t: r arterials ane-ollectors is available to serve sub -regional
trips generated by the :and uses along Yankee Doodle Read.
3. That the City of Eagan be advised that if land uses within the vicinity_ of the I.35E
interchanges severely impact the I -35E mainline capacity, Metropolitan Council
Transportation policied would support the metering of on -ramps.
Respectfully submitted,
Mary Hauser, Chair
/S3
0
4
S MEMORANDUM
�A�I�;*A1 /R1�■ JSJ9M�DN�tIS QD�'!VE 57Fi1iH,M1MN 541f0 612490-2=
DATE: January 29, 1999
TO: Dale Runkle, Director of Community Development
City of Eagan
FROM: Bob Byers, Transportation Engineer
SUBJECT: Yankee Doodle Road Corridor Study
The purpose of this mamo is to examine the potential need
detailed corridor traffic study of Yankee Doodle Road.
corridor study is being encouraged by the Metropolitan Council
means of addressing the rapid growth in the corridor vicinity.
for a
The
as a
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
refinam+at:ts to the Eagan Comprehensive Transportation Plan are
diseussep. Finally, the tasks necessary to complete this effort
are described.
Before any jai
staff members
products will
use, such as
(Mn/DOT) and +
ady effort proceeds, it will be necessary for City
to define the details of the study scope and what
be developed for City use and for other review agency
the Met Council, Minnesota Dept. of Transportation
he Minnesota Pollution Control Agency (MPCA).
Yankee Doodle Road has boon previously identified as a corridor
which has the potential to experience considerable future traffic
congestion. Consultants working for the City and Tovn Centra
70/100 in 1986-87 found that a number of intersections from Pilot
Knob Road to Denmark Avenue could be over capacity by the early
1990's. These findings were confirmed during our work on the Eagan
Comprehensive Transportation Plan in 1988.
Prom an environmental standpoint, the Pilot Knob / Yankee Doodle
Road intersection has been identified as a potential metropolitan
air quaXity "hot spot". Although technically the problem appears
more imagined than real, the MFCA is monitoring the, development
activity in this area closely. Invironme,ntal reviews and permits
are being subjected to vary close scrutiny by all the state review
agencies.
- 1 -
&=kX1 J
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 factors:
- The I -35E access design to Pilot Knob Road and Yankee Doodle
Road is somewhat unusual. Northbound I -35E traffic destined
to Eastbound Yankee Doodle Road and Westbound Yankee Doodle
Road destined to Southbound I -35E must go through the Pilot
Knob / Yankee Doodle Road intersection.
Access to I -35E is at wide spacings; one mile to zone Oak
Road and two miles to Diffley Road. Traffic is very limited
to using these few acoess points.
- Yankee Doodle Road serves many intensive land uses which
tend to generate a significant number of trips. Multiple
residential, commercial, and industrial uses are included.
Average daily traffic volumes have been 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 members of the Metropolitan Council have been watching the
rapid growth with some concern. The Met Council is primarily
responsible for maintaining adequate operations of the metropolitan
roadway system which is made up of interstate highwaya, state trunk
highways and other selected major arterial roads. Their concern in
this area centers around the interchanges at Yankee Doodle Road and
at Lone Oak Road.
During the recent comprehensive plan 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 would not affect the metro
roadway system.
Met Council staff members agreed that should the land uses develop
according to the City's comprehensive land use plan, Considerable
potential exists for congestion regardless of how the O'Neil
property develops. ror this reason, the metropolitan Council added
a condition to the approval of the O'Neil PUD amendment that the
City pursue a detailed corridor study of Yankee Doodle Road. This
desire was later reaffirmed when the Met Council reviewed the RAW
for the planned expansion of west Publishing Company which would
also contribute an increased number of vehicles on Yankee Doodle
Road.
The Eagan Comprehensive Transportation Plan established a framework
for evaluating developments as they occurred. An on-going
comparison can now be made to the land uses originally anticipated
by the Comprehensive Land Us* Plan. A number of proposed
developments have been analyzed using this process over the last
two years and the Transportation Plan has been 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
development.
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 use types and intensities
have occurred as originally anticipated. Variations
aro studied to see it their magnitude is significant.
- To identity the individual contributions of land use
parcels to the corridor traffic volumes.
Originally, the Land 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
uses 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 Road / I-494
area. Latey detailed analysis on Dodd Road (such as for Rorthwest
Airlines) will benefit the City since the more accurate information
will ensure a more realistic design.
� s�
we estimate that the following tasks would be necessary to oomplets
a corridor study:
1. Define Corridor Limits
2. Document Traffic Count Historical Trends (1983 - 89)
3. Update Corridor Land Use Parcels to 1990 conditions
4. Calibrate Transportation Model to replicate 1990 volumes
5. Review & Modify Future Parcel Development Projections
6. Review & Modify Future Roadway Improvement Schedules
7. Forecast Future Traffic for 1995, 2000 and 2010
e. Evaluate Future Roadway operations / Dev:lop 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
strategies which the City could use to manage on-going land use
changes. The need for consultant effort could be reduced if Dakota
County c=pletes an update of their transportation plan to 1990
conditions. Currently, it appears that this effort may be complete
in four to six months hence.
4
Agenda Information Memo
February 6, 1990 City Council Meeting
AMENDMENT ILLS OF SIONEBRIDGE PLAT 2
E. Amendment to Development Contract, Hills of Stonebridge, Plat 2 --The amendment
to the development contract of Hills of Stonebridge, Plat 2 was originally scheduled for
the City Council meeting on November 9 and twice deferred to the November 21 and
December 5 meeting. The purpose of the amendment was to correct exhibit B of the
development contract which lists all conditions of approval. These issues have been
resolved and the development contract amendment is scheduled for consideration.
For additional information on the item, refer tQp a report prepared by Marlene Zaleznick,
Planner I, enclosed on pages r , � through Re Z.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment
to the development contract for Hills of Stonebridge, Plat 2.
TO: Jim Sturm, City Planner
FROM: Marlene Zaleznick, Planner I �1?i
DATE: January 26, 1990 `
SUBJECT: Hills of Stonebridge, Plat 2, Amendment to Development
Contract
An amendment to the development contract for the above -referenced
final plat was originally scheduled for City Council on November
9, 1989 and twice deferred to the November 21 and December 5
meetings. The purpose of the amendment was to correct Exhibit B
of the Development Contract which lists all conditions of approval.
At the December 5 meeting, the amendment was deferred indefinitely
to allow time to adequately resolve issues regarding required wet
pond volume for this project. The wet pond volume is required to
reduce phosphorous loading resulting from this development. (See
attached status memo dated December 1, 1989 for discussion of
issues).
Since that time, staff, the developer's representatives, and a
representative from Dakota County Soil and Water Conservation have
reached a mutually agreeable solution to the required wet pond
storage. The developer has agreed to provide 4.75 acres of wet
pond volume in JP 53 which will adequately reduce phosphorous
levels generated by this development. (See attached memo regarding
water quality dated December 27,1989). On January 23, 1990, the
developer submitted a revised grading plan illustrating the
increased wet storage. The plan has been reviewed and approved by
City engineering staff.
Since the outstanding issues have been resolved, the development
contract amendment has been rescheduled for the February 6 City
Council meeting. An amendment document has been drafted and will
be signed by the developer prior to the meeting.
Attachments:
1. Status memo dated 12/1/89
2. Water qualtiy memo dated 12/27/89
3. Revised Exhibit B
�� 1
MEMO TO: JIM STURM# CITY PLANNER
FROM: MARLENE ZALEZNICR, PLANNER I V�Z
DATE: DECEMBER 1, 1989
SUBJECT: STATUS OF THE PROPOSED AMENDMENT TO THE DEVELOPMENT
CONTRACT FOR HILLS OF STONEBRIDGE PLAT II
The final plat for the above -referenced subdivision was approved
by the City Council on October 17, 1989. Exhibit B of the
Development Contract approved with this final plat is incorrect.
To correct Exhibit B, an amendment document was drafted and
scheduled for City Council approval on November 9, 1989. The
developer, however, did not sign the amendment because he was
unsure of his ability to comply with Item 6 of the revised
Exhibit B.
Item 6 requires the developer to increase the wet pond volume of
Pond JP -22 by 1.8 acre feet for a total wet pond volume of 3.0 acre
feet. Three acre feet of wet pond volume was the amount determined
by Dakota County Soil and Water Conservation as necessary to reduce
phosphorous loading of this development to pre -development levels.
It should be noted that this requirement was a condition of
preliminary plat approval granted on June 6, 1989.
The developer's engineer, City Engineering and Planning staff, and
a representative from Dakota County Soil and Water Conservation met
on November 30, 1989, to discuss this issue. At this meeting, the
developer's representative indicated that providing the required
wet pond volume in Pond JP -22 would be expensive and may impact a
stand of mature oak trees. It was determined by staff that a
lesser wet pond volume increase in Pond JP -22 may be acceptable,
provided the wet pond volume of Pond JP -53 is also increased. The
combined wet pond volume of Ponds JP -22 and JP -53, however, must
reduce phospherous loading to pre -development levels. The
developer's engineer is currently performing calculations to ensure
this standard will be met.
The development contract amendment was originally scheduled for
City Council on November 9 and twice deferred to the November 21
and December 5 meetings. Staff recommends indefinite deferral to
assure that Item 6 of Exhibit B can be adequately resolved.
ATTACHMENT ONE
MEMO TO: MARLENE ZALBZNICA, PLANNER I
FROM: JOHN WINGARD, DEVELOPMENT/DESIGN ENGINEER
DATE: DECEMBER 27, 1989
SUBJECT: HILLS OF STONEBRIDGE PLAT 2
WATER QUALITY REQUIREMENTS
Pioneer Engineering will be preparing a new grading plan for the
Hills of Stonebridge 2nd Addition. The new grading plan will
provide 4.75 acre feet of wet pond volume in Pond JP -53 to meet the
water quality requirements of predevelopment levels. The developer
will not be modifying Pond JP -22.
The new grading plan will show that Pond JP -53 will be excavated
to a maximum depth of 9 feet with 6:1 side slopes. The phosphorus
removal efficiency of the pond will be around 60% according to Barb
McCarthy, of the Dakota County Soil & Water Conservation District.
The old grading plan provided 2.8 acre feet of wet storage volume
and would have provided around 50% efficiency of phosphorus
removal.
The condition of preliminary plat approval covering the water
quality requirements stated that 2.0 acre feet of additional wet
storage volume would be provided at Pond JP -22 and 2.8 acre feet
of wet storage volume would be provided at Pond JP -53. The
developer elected to provide the additional 2.0 acre feet at Pond
JP -53 instead because of cost considerations. The excavation work
at Pond JP -53 could be done with scrapers at around $1.00 per cubic
yard versus $5.00 per cubic yard at Pond JP -22 using a backhoe and
trucks.
The condition covering water quality requirements will be revised
by the City to address the revised wet storage volumes. The
developer is agreeable to the revised requirements and will sign
the amended development contract.
The City should consider upgrading the wet storage volume of Pond
JP -22. The phosphorus removal efficiency will be around 15% now
for this pond. If the City is able to obtain funding for improving
the water quality of the ponds, then Pond JP -22 should be upgraded.
De elopment/Design ngineer
JW/77
cc: Tom Colbert, Director of Public Works
Mike Foertsch, Assistant City Engineer
ATTACHMENT TWO
EXHIBIT B
r
1. These standard conditions of plat approval as adopted by
Council action onSeptember 15, 1987, shall be complied with: Al,
B1, B2, B3, B4, C1, C2, C3, C5, D1, E1, F1, and G1.
2. There will be no driveway access onto Dodd Road or
Northview Park Road.
3. The development will be required to submit a retaining wall
design for staff review and approval prior to final plat approval.
4. The development will be required to provide and designate
emergency overland drainage routes from proposed street low points
and ponding areas.
5. The development will be required to provide a storm sewer
outlet to the southerly boundary of the plat in a location which
can be utilized as the outlet to Pond 3P-27. (This is not
applicable with this phase.)
6. The development will be required to provide a minimum of
4.75 acre feet of wet pond volume in Pond JP -53.
7. A new street entrance to Northview Park Road shall be
constructed approximately 145' east of the existing entrance as
part of the Northview Park Road improvements, provided good
engineering practices and safety standards can be adhered to.
8. The lot lines in Block A are to be extended in order to
utilize the proposed park property.
9. Lots 6 and 11, Block 6, shall be restricted from the access
to the cul-de-sac. (This is not applicable with this phase.)
ATTACHMENT THREE
�CeL
Agenda Information Memo
February 6, 1990 City Council Meeting
RESIGNATIONIJAMES UNKER FROM BECCC
APPQR=NT TO FILL THE UNEXPIRED TERM
A. Resignation, James Unker, Burnsville/Eagan Cable Communications Commission
Appointment, for Vacant One Year Alternate BECC Position --The City received a letter
from Jim Unker who is resigning as an alternate to the Burnsville Eagan Cable
Commission.
Those citizens who applied for appointment to a commission include Doug Dahl, who has
past experience on the cable commission, Karl Oestreich and Charles Duddingston. Mr.
Oestreich and Mr. Duddingston were specifically interested in the Advisory Planning
Commission but listed cable as a second choice.
Enclosed on pages through 4 -are copies of the applicant profiles for Dahl,
Oestreich and Duddingston.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Jim
Unker from the cable commission and consider an appointment to fulfill the one-year
unexpired term as an alternate to the BECC.
/ &3
APPLICANT PROFILE
NAME: DOUGLAS DAHL
ADDRESS: 573 ATLANTIC HILLS DR
EAGAN MN 55123
LOCATION: SE 1/4
RESIDENT: 10+ Years
EMPLOYER: Unisys
PRESENTLY A COMMISSION MEMBER: Yes
COMMISSION MEETING ABSENCES: Absent 8/8 and 12/12
COMMISSIONS APPLIED FOR: Cable
CONSENTS:
TIME:
28 -)GCa_..)ar i-va�
Pity of La,aii
363� 1'11Gt 111I..CL)
L,37 nIi, .11ilil• »ILL
i�t Vn i .lr • 111 Va1•QS L • .6,L%A .S
-j.:is iettcr i5 to express to you, :iayor iyan, ail: Jii2I:'.oers of
t_,c ;.lty council, I..y interest in an a .; Gintment to the :,urnsville/
1.a,,an --aerie co,munications Co.-xmission. As you are a•aare, I
.iaa t:ie privileve of serving on this co;.u.lission during 19186
w.ien 1 co.:;dietec t:le rer:.aining year of a r.;el.,ber who had to
resi, i frc:cl t:.e co. ..ission. paring D69, 1 served a one-year
Gltzrl,ate ter: ont:,t yirj:.ort ' eiations ; o.:�^itt�e.
.,revented ..;e :ro:.1 ser,71n j on tale cal:le
CJ.. ..1s610,-4 1.-, 1;o6 t.avin: resolved t.iose con�licts, I
in returJ.ir:z to t:'le cor.:a
.lEslon t0 continue
lc., %tilll .affect Calle televisi01: JrG_,r3.ti:1J1�
1:. J.:r CG::4.4:11t1CS Gur�l'1� the 17�1i�5. +..: ;:..�laS OC 1SS'ueS w.ilC.7
.�11i ailt'CL '.1S in t:1L co.. in.j years 111Clu6e t:le 1;.iPact Or fiber
c;..t1CS On Ca:.le television, Syn,.iCat(?G exC1uSlVit� In rrcj, a'; 11n+� 1
C:1SC-.i55ionS ::lt:l tale ca;.;le o✓erator re�arui;i�
1CiCai t rUyrd.. :.liiy . DeClsicns on t.leSz arid Sl?.'filar issues will
..3Vc a 10:1.j ter... 2.. act On Our CC..C`;u;11L'lt'S aIle: i relieve twat
1 _,aVF L.lc .�;iC:C,rJ 1;1G Gr.0
t. -,e i_n ere3t re ;uireu to male tale
rl, :t t;;rCl�ivlia.
i aVa1la.:lc t0 e i;itCrVle� eu cit t.,e discrE't10.^. OI t11E
;zyor alio ver 1011. .;c?.Viii3 igen lnterviEU-4C.: lite: mast two years,
privilege O1 Yn0'.;lny 750st Of t:,t' COL1nC11 I.te?u.icr5.
o' interviews aela in t:le pact two years,
loot ado to the u-arQer. ;j% rec,uesting a,i interview, 'Jut
rataar kill Le avaiiaDle if t. -ie Council desires anot'ner interview.
i !oo.L iorwara to worr.iny wita you as we loot: forward to tae 90's.
,;�lncerely,
D,.; i
,.17143 dill
573 atlantic hills ,.)r.
La -an, ,jinn. »123
��s
APPLICANT PROFILE
NAME: KARL OESTREICH
ADDRESS: 1805 CLIFF ROAD
EAGAN MN 55122
LOCATION: SW 1/4
RESIDENT: 3 Years
EMPLOYER: Blue Cross/Blue Shield
PRESENTLY A COMMISSION MEMBER: No
COMMISSION MEETING ABSENCES: N/A
COMMISSIONS APPLIED FOR: APC, Cable
Col -VENTS:
TIME: 10:50
(.15 C I; f " p (."i,j
4,
Torn Hodqpc
Eagan C i t v A d"ll i V, i 1' -3 f N'
Pilot I n)t!
I tall art V.,ith I -iron Firinc-.11.1.1 trwi-av I*.011t I-f.-Iplvirltj for
jv i r y 1):I!. (I a c
IPI) I i c aI t I C'n w o t.1 :4 c r po
paO cI a 111 j I I xvi int-erested in
:jlyo 11.11V I ;11)d I haves tical,t if f i t int . J-10 cro-pril-Ata rr..mrni.Inirnti,)r,r, riar,xtroant En-.-4rt-.jTaei
,hiold of Hin"lac-91"I cinro �aptamt�Pf_ PIC"
inflirt of ftrtirra
hl,- St-hpoille'd mv irlt�l -view f If vou
f
call me at 456-i5oI
4" -pans up, please call rnP I '....!1`.,
e,.l eta it T'
5irreroly,
I arl w opFtrpich
107
APPLICANT PROFILE
Fj-4E: CHARLES E DUDDINGSTON
ADDRESS: 4249 YORKTOWN DR
EAGAN MN 55123
LOCATION: SE 1/4
RESIDENT: 4 Years
EMPLOYER: Unknown
PRESENTLY A COMMISSION MEMBER: No
COMMISSION MEETING ABSENCES: N/A
C0MISSIONS APPLIED FOR: APC
CO"IMNTS :
TIME: 6:10
December 11, 1989
Lagan City .,dministrator
=i Pilot Knob Road
55122
:ir. Hedges,
My wife and I have lived in Eagan for approximately four years.
i+e have just had our first child. We like Eagan and intend to raise
cur daughter here. I have seen a great deal of development in the
city in the last four years - some good, some not so good. For these
reasons, I would like to be considered for a position on the planning
cor.Tission.
I'm not sure how much information you need about me for this
ar;plication, but I will gladly furnish any information you need.
sincerely,
Charles L. Duddingston
4249 Yorktown Drive
Lagan, rIN 55123
�I
Agenda Information Memo
February 6, 1990 City Council Meeting
ON SALE LIQUOR LICENSE,(LUONDA DE ACEBO 3665 SIBLEY MEMORIAL HIGHWAY
B. License, On -Sale Liquor License, LaFonda De Acebo, 3665 Sibley Memorial Highway-
-In mid January, 1990, the City of Eagan received an application for renewal of the on -
sale liquor license for the Holly Inns, Inc., restaurant in the City of Eagan which is called
LaFonda De Acebo (Lafonda's). The Police Department has reviewed the on -sale
application and finds it to be in order for approval, with the exception that it required
surety bond and proof of liquor liability insurance has not yet been supplied to the City.
The restaurant is also in arrears for non-payment of false alarm calls to the City for 1989.
Enclosed on page 1-71 is a copy of a memo from Administrative Assistant Witt detailing
the situation regarding this liquor license application. If the City Council does approve
the liquor license, it should be subject to the conditions as listed in the memo.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an on -sale liquor
license for LaFonda De Acebo restaurant. If the license is approved, it should be
approved only subject to the following conditions: 1) Provide liquor liability insurance in
effect for calendar year 1990. 2) Provide a $5,000 surety bond in effect for calendar year
19%. 3) Pay $675 due for false alarm charges incurred in 1989.
January 29, 1990
TO: CITY ADMINISTRATOR HEDGES
FROM: ADMINISTRATIVE ASSISTANT WITT
RE: ON SALE LIQUOR LICENSE FOR HOLLY INNS, INC. dba LA FONDA'S
La Fondas restaurant has experienced some changes and upheaval
this past year which affect their liquor license. When such
situations occur, they are brought to the City Council for their
review.
* Taxes were delinquent.
* One of the owners, George Apostolakis, was bought
out by George Pappas, another of the owners.
* Application for renewal of the on -sale license
was not received until mid-January. They did not
enclose bond or insurance.
* Many false alarm calls have been recorded for La Fondas
in 1989 and the penalty fees have not been paid.
Lt. John Stevenson has reviewed the on -sale application and finds
it to be in order. The Dept. of Revenue has provided the City
with a tax clearance certificate.
Holly Inns has yet to provide a $5000 surety bond and a cert-
ificate of liquor liability, both requirements of liquor
license applicants.
La Fondas is also $675 in arrears for non payment of false
alarm calls dating back through 1989.
RECOMMENDATIONS:
Approve the on -sale liquor license for LaFondas subject to the
following conditions:
1. Provide liquor liability insurance in effect for calendar
year 1990.
2. Provide a $5000 surety bond in effect for calendar year 1990.
3. Pay $675 due for false alarm charges incurred in 1989.
f��
Agenda Information Memo
February 6, 1990 City Council Meeting
RESOLUTION_COMIIIERCIAL DEVELOPMENT REVENUE REFUNDING BONDS
YANKEE SQUARE INN PARTNERSHIP
C. Resolution, Issuance of Refunding Bonds for Yankee Square Inn Partnership --The City
of Eagan originally issued bonds for the construction of the Yankee Square Inn in 1983.
The bonds were structured so that they must either be purchased from the holders and
remarketed or redeemed on March 1, 1990. The company is proposing that the City issue
refunding bonds, the proceeds of which will be used to pay the purchase price and refund
and redeem the bonds on March 1, 1990. Repayment of the new, refunding bonds will
be secured by an irrevocable Letter of Credit issued by Marquette Bank, National
Association, of Minneapolis, Minnesota. The Letter of Credit will secure repa ent of
the bonds through February 1, 1997. Enclosed on pages through is a copy
of a letter from the law firm of Briggs and Wgan whic describes in more detail the
above process. Also enclosed on pages 3 through is a preliminary copy of a
resolution authorizing the issuance of commercial development revenue refunding bonds
to refinance the Yankee Square Inn Hotel project. A final copy of this resolution will be
delivered to the City of Eagan by noon on Tuesday, February 6, 1990 and will be available
at the Council meeting that evening. For the Council's information, enclosed on
pages through JUZis a preliminary official statement regarding the commercial
develo ment revenue refunding bonds, series 1990.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution
authorizing the issuance of commercial development revenue refunding bonds to refinance
the Yankee Square Inn Hotel project.
1-7.-;),
LAS OFFICES
BRIGGS AND MORGAN
PROFESSIONAL ASSOCIATION
2400 I D S CENTER
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE (612) 339-0861
TELECOPIER (812) 375-1078
INCLUDING THE FORMER FIRM OF
LEVITT, PALMER, BOWEN, ROTMAN & SHARE
WRITERS DIRECT DIAL NUMBER= ( 6 1 2) 330-9826
January 30, 1990
Mr. Eugene Van Overbeke
City Clerk-Treasurer/Finance Director
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: $3,325,000 City of Eagan, Minnesota
Commercial Development Revenue Refunding Bonds,
Series 1990 (Yankee Square Inn Partnership Project)
Dear Mr. Van Overbeke:
Enclosed for consideration by the City Council of the City
of Eagan at its February 6, 1990 meeting is a resolution
authorizing the issuance of commercial development revenue
refunding bonds to refinance the Yankee Square Inn Hotel Project.
The City originally issued bonds for the construction of this
hotel facility in 1983 (the "Prior Bonds"). The Prior Bonds
were structured so that the Prior Bonds must either be purchased
from the holders and remarketed or redeemed on March 1, 1990.
The Company is proposing that the City issue refunding bonds,
the proceeds of which will be used to pay the purchase price
and refund and redeem the Prior Bonds on March 1, 1990. Repayment
of the new, refunding bonds (the "Bonds") will be secured by
an irrevocable Letter of Credit issued by Marquette Bank, National
Association, of Minneapolis, Minnesota. The Letter of Credit
will secure repayment of the bonds through February 1, 1997,
at which time the Bonds must again be either purchased or
redeemed.
In connection with issuance of the refunding Bonds to
refinance the project, we are supplying you with the most recent
2270 MN WORLD TRADE CENTER 2200 FIRST NATIONAL HANE BUILDING 2400 I D S CENTER
SAINT PALL, MINNESOTA 55107 SAINT PAUL, XINNESOTA 66101 MINNEAPOLIS, XDTNESOTA 55402
(912) 291-1215 (0�
3 (W21291-1245 (6!21 336-0961
BRIGGS ai.D MORGAN
Mr. Eugene Van Overbeke
January 30, 1990
Page Two
drafts of the Indenture and Loan Agreement pursuant to which
the Bonds will be issued and the proceeds used to refund the
Prior Bonds. We are also enclosing the latest drafts of the
Letter of Credit, the Reimbursement Agreement and the Mortgage
which will secure repayment of the bonds. Finally, we are
enclosing latest drafts of the Bond Purchase Agreement and the
Official Statement pursuant to which Juran & Moody, Inc., the
Underwriter of the refunding Bonds, will purchase and offer
the Bonds.
While we do not expect any material changes to the enclosed
resolution, because the Underwriter plans to market the bonds
on February 5, 1990, certain revisions to the enclosed resolution
may be necessary prior to the meeting on Tuesday, February 6.
We will deliver to you a final copy of the resolution to be
adopted by noon on Tuesday, February 6, 1990. In addition,
we will also provide to you by that time latest drafts of the
enclosed Bond and security documents, which we will continue
to revise. These documents are required by the Resolution to
be on file in the office of the City Clerk at the time of
adoption.
The resolution contemplates that the Mayor and the City
Clerk will execute the Indenture, the Loan Agreement, the Bond
Purchase Agreement and the Bonds on behalf of the City. Please
let me know if the signing parties will be different.
If you have any questions about the enclosed draft resolution
or latest drafts of bond documents, please do not hesitate to
call.
Very truly yours,
Andrew R. Kintzinger
ARK/lmw>28:044
cc: James Sheldon (w/encls.)
Ted Brownell (w/resolution only)
Charles Bartholdi (w/resolution only)
Bob Davis (w/resolution only)
Mark Johnson (w/resolution only)
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE OF
COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS
TO REFINANCE A PROJECT
BE IT RESOLVED by the City of Eagan, Minnesota (the
"Issuer" or the "City"), as follows:
1. The Issuer has received a proposal from Yankee
Square Inn Partnership, a Minnesota general partnership (the
"Company"), that the Issuer undertake to refinance a certain
Project, as herein described, pursuant to Minnesota Statutes,
Sections 469.152 through 469.165 (the "Act"), through issuance by
the Issuer of its $3,325,000 Commercial Development Revenue
Refunding Bonds, Series 1990 (Yankee Square Inn Partnership
Project) (the "Bonds"), and in accordance with a Bond Purchase
Agreement (the "Bond Purchase Agreement") between the Issuer, the
Company and Juran & Moody Inc. (the "Underwriter"). The
Underwriter will sell the Bonds pursuant to an Official Statement
(the "Official Statement").
2. The Issuer previously issued its $3,325,000
Commercial Development Revenue Bonds, Series 1983 (Yankee Square
Inn Partnership Project) (the "Prior Bonds"), the proceeds of which
were loaned by the Issuer to the Company and used by the Company to
finance the acquisition, construction and equipping of a 109 -unit
hotel facility located in the City and commonly known as the Yankee
Square Inn Hotel (the "Project").
3. It is proposed that, pursuant to a Loan Agreement
dated as of February 1, 1990, between the Issuer, as lender, and
the Company, as borrower (the "Loan Agreement"), the Issuer provide
the proceeds of the'Bonds to the Company to refinance the Project
by refunding, redeeming and prepaying in whole the Prior Bonds.
The Basic Payments to be made by the Company under the Loan
Agreement are fixed so as to produce revenue sufficient to pay the
principal of, premium, if any, and interest on the Bonds when due.
It is further proposed that the Issuer assign its rights to the
Basic Payments and certain other rights under the Loan Agreement to
American National Bank and Trust Company, Saint Paul, Minnesota
(the "Trustee") as security for payment of the Bonds under an
Indenture of Trust dated as of February 1, 1990 (the "Indenture").
Until February 1, 1997, payment of the Bonds will be secured by an
irrevocable letter of credit issued by Marquette Bank Minneapolis,
National Association (the "Bank") pursuant to a Letter of Credit
and Reimbursement Agreement (the "Reimbursement Agreement") between
the Company and the Bank. The Company will also grant a mortgage
and security interest in the Project and an assignment of all
rents, leases and profits from the Project to the Trustee and to
the Bank pursuant to a Mortgage, Security Agreement, Fixture
(Jf
Financing Statement and Assignment of Leases and Rents dated as of
February 1, 1990 (the "Mortgage") for the benefit of the
Bondholders and the Bank. From and after March 1, 1997, repayment
of the Bonds will be secured as provided in the Indenture.
4. The City Council conducted a public hearing (after
at least fourteen (14) days advance public notice thereof) with
respect to the Project and issuance of the Prior Bonds therefore
on November 16, 1982, and by action taken on the same date gave
preliminary approval to the Company proposal for the Project. The
Issuer subsequently obtained approval of the Project from the
Commissioner of Energy, Planning and Development of the State of
Minnesota as tending to further the purposes and policies of the
Act and as required by the Act. The City Council adopted a final
resolution authorizing the Project and the issuance of the Prior
Bonds on March 15, 1983.
5. In connection with obtaining approval of the Issuer
to issue the refunding Bonds, forms of the following documents have
been submitted to the Issuer for approval:
(a)
The
Loan Agreement.
(b)
The
Indenture.
(c)
The
Letter of Credit.
(d)
The
Reimbursement Agreement.
(e)
The
Mortgage.
(f)
The
Bond Purchase Agreement.
(g) A Preliminary Official Statement dated February
1990 and draft of Official Statement.
6. It is hereby found, determined and declared that:
(a) the Project described in the Loan Agreement and
Indenture referred to above constitutes a Project authorized
by the Act;
(b) the purpose of the Project is and the effect thereof
will be to promote the public welfare by refinancing the
ongoing operation of a hotel facility;
(c) the Project is located within the jurisdictional
limits of the City at a site which is easily accessible to
employees residing within the City and the surrounding
communities;
-2-
(d) the refinancing of the Project, the issuance and
sale of the Bonds, the execution and delivery by the Issuer of
the Loan Agreement, the Bond Purchase Agreement and the
Indenture, and the performance of all covenants and agreements
of the Issuer contained in the Loan Agreement, Bond Purchase
Agreement, and Indenture, and of all other acts and things
required under the constitution and laws of the State of
Minnesota to make the Loan Agreement, Bond Purchase Agreement,
Indenture and Bonds valid and binding obligations of the
Issuer in accordance with their terms, are authorized by the
Act;
(e) it is desirable that the Company be authorized, in
accordance with the provisions of the Act and subject to the
terms and conditions set forth in the Loan Agreement, which
terms and conditions the Issuer determines to be necessary,
desirable and proper, to refinance the Project;
(f) it is desirable that the Prior Bonds be purchased,
prepaid and redeemed as provided in the indenture pursuant to
which the Prior Bonds were issued and that the Bonds be issued
by the Issuer upon the terms set forth -in the Indenture;
(g) the Basic Payments under the Loan Agreement are
fixed to produce revenue sufficient to provide for the prompt
payment of principal of, premium, if any, and interest on the
Bonds issued under the Indenture when due, and the Loan
Agreement, Mortgage and Indenture also provide that the
Company is required to pay all expenses of the operation and
maintenance of the Project, including, but without limitation,
adequate insurance thereon and insurance against all liability
for injury to persons or property arising from the operation
thereof, and all taxes and special assessments levied upon or
with respect to the Project Premises and payable during the
term of the Mortgage, Loan Agreement and Indenture;
(h) under the provisions of the Act, and as provided in
the Loan Agreement and Indenture, the Bonds are not to be
payable from or charged upon any funds other than the revenue
pledged to the payment thereof; the City is not subject to any
liability thereon; no holder of any Bonds shall ever have the
right to compel any exercise by the City of its taxing powers
to pay any of the Bonds or the interest or premium thereon, or
to enforce payment thereof against any property of the City
except the interests of the City in the Loan Agreement which
have been assigned to the Trustee under the Indenture; the
Bonds shall not constitute a charge, lien or encumbrance,
legal or equitable upon any property of the City except the
interests of the City in the Loan Agreement which have been
assigned to the Trustee under the Indenture; the Bonds shall
recite that the Bonds are issued without moral obligation on
the part of the state or its political subdivisions, and that
the Bonds, including interest thereon, are payable solely from
the revenues pledged to the payment thereof; and, the Bonds
shall not constitute a debt of the City within the meaning of
any constitutional or statutory limitation.
7. Subject to the approval of the City Attorney, and
the provisions of paragraph 11 hereof, the forms of the Loan
Agreement, the Bond Purchase Agreement, the Indenture and exhibits
thereto and all other documents described in paragraph 5 hereof
are approved substantially in the forms submitted and on file in
the offices of the City Clerk -Treasurer of the City, with such
subsequent changes as may be approved by the City and the City
Attorney. The Loan Agreement, the Bond Purchase Agreement and the
Indenture, in substantially the forms submitted, are directed to
be executed in the name and on behalf of the Issuer by the Mayor
and the City Clerk. Any other documents and certificates
necessary to the transaction herein described shall be executed by
the appropriate City officers. Copies of all of the documents
necessary to the transaction herein described shall be delivered,
filed and recorded as provided herein and in said Loan Agreement
and Indenture.
8. The Issuer has not prepared nor made any independent
investigation of the information contained in the Preliminary
Official Statement or Official Statement used to market, offer and
sell the Bonds and takes no responsibility for such information.
9. The Issuer shall proceed forthwith to issue its
Bonds, in the form and maturities and upon the terms set forth in
the Indenture. The final maturity of the Bonds shall be
February 1, 2013. The offer of the Underwriter to purchase the
Bonds at the full principal amount thereof ($3,325,000) plus
accrued interest to the date of delivery at an interest rate or
rates not to exceed a net effective interest rate of 7.50% per
annum is hereby accepted. Such interest rate or rates may be
reset on March 1, 1997 and thereafter as provided in the
Indenture. The Company shall be responsible for payment of the
Underwriter's fees which shall not be paid from Bond proceeds.
The Mayor and City Clerk are authorized and directed to prepare
and execute the Bonds as prescribed in the Indenture and at such
interest rate or rates as shall not exceed a net effective
interest rate of 7.50% per annum and to deliver the Bonds to the
Trustee for authentication and delivery to the Underwriter.
10. The Mayor, City Clerk and other officers of the
Issuer are authorized and directed to prepare and furnish to the
Underwriter certified copies of all proceedings and records of the
Issuer relating to the Bonds, and such other affidavits and
certificates as may be required to show the facts relating to the
legality of the Bonds as such facts appear from the books and
nf
records in the officer's custody and control or as otherwise known
to them; and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute
representations of the Issuer as to the truth of all statements
contained therein.
11. The approval hereby given to the various documents
referred to above includes approval of such additional details
therein as may be necessary and appropriate and such modifications
thereof, deletions therefrom and additions thereto as may be
necessary and appropriate and approved by the City Attorney and
the City officials authorized herein to execute said documents
prior to their execution; and said City officials are hereby
authorized to approve said changes on behalf of the City. The
execution of any instrument by the appropriate officer or officers
of the City herein authorized shall be conclusive evidence of the
approval of such documents in accordance with the terms hereof.
In the absence of the Mayor or City Clerk, any of the documents
authorized by this resolution to be executed by them may be
executed by the Acting Mayor or Acting City Clerk, respectively,
or by any other duly designated acting official.
12. It is understood and agreed that the Company shall
indemnify the City against all liabilities, losses, damages, costs
and expenses (including attorney's fees and expenses incurred by
the City) arising with respect to the Project, the Prior Bonds or
the Bonds, as provided for and agreed to by and between the
Company and the City in the Loan Agreement and the Bond Purchase
Agreement.
Adopted February 6, 1990.
(SEAL)
Attest
City Clerk
MF570
CITY OF EAGAN, MINNESOTA
By
Mayor
I �9
Extract of Minutes of Meeting of the
City Council of the
City of Eagan, Minnesota
Pursuant to due call and notice thereof, a regular
meeting of the City Council of the City of Eagan, Minnesota was
duly held at the City Hall in said City on Tuesday, the 6th Day of
February, 1990, at P.M.
The following members were present:
and the following were absent:
Member introduced the following resolution and
moved its adoption:
RESOLUTION AUTHORIZING THE ISSUANCE OF
COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS
TO REFINANCE A PROJECT
The motion for the adoption of the foregoing resolution
was duly seconded by member
, and upon vote being taken
thereon the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
l80
JAN 30 190 17:43 ' "
REFUWDL'�1Q
PRELIMINARY OFFICIAL 4TATEir[ZNT DATED 1990 NOT RATED
In the opinion at Brills and Morgan. Pm*sionat Association, Saint Poi! and Minrulapatlt; Miwwsota, Bond Coinss� aecordinp to
saietinf llfinneesss and Liu irixr�sr tet o1 bi mwban, acriA w eiwr>iflraE wvkr Jiw
�In1�1nr "i1i F111l`F' inufl 1 In l M le l Ix�n� n IN +111�� �1�iRJ i�
■ ill upmrnnr u1• nlnlul 11....1... _..J...._1 J1 , 1. JJ..._......l...J, 1. ..---
slats or truss for Vimes00a interns tau puepaap, but 6 a+ We to tlia Mwwoea franchiva tax irNmed on corporations and /ina►r W
intdIldiaw, Interest on the Bond+ is not x+4im to tb "FW daer?"W miniinim to for indwiduals, but is taAen into amount to dearminbW
1'�1'1J1yII(Y1I'fNi t ilii 11 ■1 Willa Ili l 1 hl illabli INN Iif 11111 Iin n I I 111 O1 Utftfll f f tl f 1 1 11 I'
r,.LwA.w.u. wnry,.w�.rn w.kwne u. r7�1 ■7rca+G �1..1WIM1 •{W� AHY VI{IYI{ /M {.Vi�WYaMtIV1�A 1WNiN.I '
YANKEE SQUARE INN PARTNEYtSALP
$8,3259000
CommercialrDevelopment Revenue Refunding Bonder, Series 1884
(Yankee! Square Inn Faztnorahip F11'0j00t)
City of Eagan, Minnesota
Da" It91111ruaav 11 loan 1dmk ?hent T'r+britarz 1 nr ssf+ freer, ae ei►nwn hislew
I11a11datory Pllerobase► Deese Fabraasa'+ 1, 19107
The Bonds an not a pmaal obt*a of the Innes or a chirp oiliest Ill Finarsl endlt or taxing powers. TZ� to the s><bnt payable
Sens the disp"itioa of the markpW prop rty hour dowrilai ur bum a ditw in" rodor tiw Inamr of Crw.Ht bwrrim &Wrnwa, the Bondy
payable, solely from payments r+raived by tha Lauer purouot W Ons Waive of a uAm Auviluieul with yolk" Auwiar Lit I'is WWalsira Will
Payment of M Q1.MTTof and X BAto US Nx D MOMAPOLIS, NATIONAL ASSOCIATION
(the "Bank").
pfoviwion u made, ieey�olhs`I`nmblii �a� ips,�'ger th'e'�njoess of the Latter eta }Credit issue1d by Dank Minimpohi, National Association
If, petal M February 1, 1007, Oka Obww* 4" its 11a1{i�..{j U6.Y{YlM W�, an Luw�ir{{r{{L Y{ Vawle,us ir."le 11. Wit{wl lu
t�111 PmhKtr and nmrirtr!a thr ititlltse with s n1Mtlt11ts lattat of rruuiit thrum Mirrplstte Ren- M nnariunlie. Wstinnel Aunristinn nr i nstinnal
].111 whins 11.111 1.11111yur1um �ILut1V as LumuLmau srhy how &log & t5sauwo m lasulsi, tea. se ItuadL l A I►eests CarparaAsa of A ea
bourse.
'L'L. U ...,1... W In t..wd pwwmau6 w .,al will be, w4wAY .rut rawdrly serum! Uy au I!roloawn of Trwir doral W ug !iiia,
between the Iwuor and Amari= National Bank and Tilut Cotnpm, Saint Paul, Minnesota, a Tn*tW
The Boedl will be in able sa kily sellouts! Mrn1a in the rirnxuminetinn of 9R.I'W nr any witipit trhrrent The Rnrds err ryiylahlr as to
iatarsst uml-annually (IlAwary 1 and August 1. cornmrrsainl Al"t 1.1996) by check or draft of the Ts Am" maWd to the PROM in .Thou
11
nnQ111 thn ilmdn W milli, dd 1114 lift 1111111d11u ■s11ai NOW gill ""Jill h1a11t" l l"11 r1U itis (T1Y1111xi1 m 111111 i1 h 1 1ONa r
alal,6 rtn 111xin TrI ms en r TM mi them inner •-rMM !ft rNe tM unnmmns Mnnnae mrsamfihrm at Mr nn nahn»rl� r r�w°1 inn
1 s� li y�i�l ani ia+llaAi+ ill 1�iAnliAAhrY r1�u i;11�. 1116 1 111 "Al;141u1 01111{ i �.11W�11 {"11,11110111111 r tan ,11111 11111111111. 1,ttd1
ww.l..a,.1 .lilw V.1 rl,. 5uusl+w{1.� v, rw:l. {w ucwwrowv,{ WWIA l lr. WMWAC w &"I, ui vany "-PWill
.i �,.{. t3.r1 "THE B01Jl7E — "possible !Early Rsdmmms Of'BOB
Mr16T'MITY bCnTJULZ
"00,000 f:RL►L BONDS
y6a
4P.L
%O*Upon
rear
kewwwwr +I,
ARM, 6=1 300
1991
P�a,000
1918
WIM
1901
45,000
1951E
70,000
LYN
bu WU
19Y7
76,000
1894
55,000
112.051000 S TERM BONDS DUE nBRUARY 1, 91018
Tim D,," u{alurlua Pplilruory 1,1615 (*,Torm &=da{') ►rill bear insa s aT Tru above race Through esti! iaaluding The isa day of Jsmiuvy,
1097. Commencing F'obruary 1, 1917, the Term Banda WfH bear iaitnlat wob Rallot Period at an latera" rate as detarslelr*d
in simardeAae with the lona of the Ind1enurs. THE TERM BONDS ARE 'BJ]9116 TO MANDATORY FOR REMMMON
(OR PURCHME IN LIM OF I1U8'MPTION) ON FEBRUARY 1, Im (THE "i1rMUL TENDER DATE'). THS itlsrLtliM rION kits
T1iffr"iif IT in IV 67 T 9T TeY •1�1.i 1tt� ul111011e LUJIM llt/Utn1119ti1SO U11ltU1WAMLASA � 11LUN AW11U1/U 1sN1U6111tl 111110
7%Z MANDATOI11r TUNDIM DAR
Plias 10014
(pilo asasgef inAAB A tsars 111iarsu* 1. 101001
The Bonds ata otibrsd @Ubjad to pool sale, .ekes►, se, std U bmA and "oopaui W de Usdoeasiasr, s'l N as e#iwisa n u valift
and oar6 W Wm mothers by Brx5z"5100i5
n Proboo onsi , 1Oansal alis and �L Paeil�nsaata, i; bead aauwL and
1. -L1..•--14i....�r O.i-Llii L. WAIW l 14— &- 40 V{w4�" �{ (vr 19,.L 6aJ w.mL P.lrj-sk% A.W.A ►, ►n0anr is
D..6, P.A. It Ie say.e{ai am est[ be mea W M2MMPOM A=NW . an of WMR 1 !ensu! &P=a
payment OWN r. _
Uaiawwti4 Y11 1l+�'RIM t 1B r ria.+ aN a 110 ifrr+�INUSAi.`wi lil0 �ryw0i r rw�i{rhin ilaar Iiw iriiNi{laiinw twllfl Tr111i,n rr1 Jm
VunLerrriiac, wr+ �♦�i�h9'�"trlr iitrrnnr
Alk A
CUM
JURAN & MOODYt INC.
Wi1 WNW in
The ,lass d" i is ,1000
91pf1
Prcol W. 04 — De11rt; iom trry''J,, 1
Moen Flim W Il-oy111 Inc. — +Eat Tet (11'" PE — P1B VW11 (10r.kWW 80 10 1 Pill 1 f�NO
This Official Statement Is submitted to connection with the fele of swurittes as referred to
herein, and may not be reproduced or be used, in whole or in part, for a.ny other purpose. The
delivery of this Offlaial Statement at any time does not imply that information 'herein ie correct ae
of any time r ubsequent to its date.
No dealer, broker. ealwmran or vw7 other pereva bas been authorised br the Issuer, the
Owwny, the Sault, or the Underwriter to Sive any information or to malm any reprraantattans
etkoor tkca tkeue seatatned In ,tits Od1hW NUAa real, sad if piwaa se mL", wain 1RRamx+daR ate
repreeentatiow must not be Belied upon as hav en boon aatkowisod by may of tka fasegaiag. Tkis
Official Statement does not constitute as offer to sell or the solicitation of an offer to bay any of the
warities offered hereby in any state to any peeaon to whom it is unlawitl to make mob offer,
soliaitstion or isle in such state. Zzaept wahoro otho>rwniso iadlestod, this Offleial Itatamoat sponka
as of the date hereof. Neither the ddtvary of this Official gutement nor any *ale hereunder shall
under any elreumatanoes create any implication that there has been no change in the affairs of the
Company or the Dank also* the date hereof.
TABLE OF rA)NTRNW
Lae
Introductory Statement..........................................................................
The Imier .................. .... ... .
TliC PlVld4[ ................................................................................... .
TheConray .................................................................................
The Bank......................................................................................
TheBonds.....................................................................................
The Loan Atreement................ ............................................................
TheIndenture..................................................................................
The MortMe............. 111111111111.1111111111111.11111111111111111111,11.11,11/111.11111111
TheLetter of Credit............................................................................
Enforceability of Ohliptione................................................. .................. .
7kz Exemption Lad Other Tuts, Considamtions.....................................................
Letpi Matters .............11111...............................I.....6.0.............0.6........
Underwriting...................................................................................
Misoellmeous • .....1............1....1 ................................. ......................
ADMI)ICDO: T1 tf a 1�
�� 4bi.inlln)ul..l 1"llrnln int �i�n ,.riJa no nF T%mrinlxl 81, 18M wild IMI UP 1'&kjUwiLv Sauk
Minucapolie, N.A. said sub+idiaAes, and Gepbember 00, 1999 CSuauWalwl ru..l 6. of
Condition and Income
B — Form of Letter of Credit
C — Balanve 51hwt and Statomeate of I teosas far tha Convany as at sed (w the year ended
December 91, 1989
TSMSE 83CU=M8 HAVE NOT BEEN RI GItRTMT-T) WITH TRX AFf URrM,19 Ai1TT)
EXCRANOE CO MII1MION ST RZA60N OF THE Px.OvlarlUnre Vii llJliLrrjU1V n(a)tz) Va' 'rn z
61151iVXLULMI AUT UY lYnn, AM AMIVI1JW. '1'JZ 19SUltdTKATION OR 14UALIVIGA'1'lUN UK
TJ> IZ GZI,7'v7 J=8 IN ACCOILDA)YOu wiTu AML10AUL11 rnovIOIONO OI* unuuurma
LAWii 01P TM STA"I'ES IN w"a3 `� TME 830vlit'1' no uAva J3awN f!!f'I(ilt1'1!'1lL w On
#DUALII+'IBD. AND TM IQ "i1MT' ow PTtt'!M U M iATR.aTT11N nu QTTAT.TRN1ATTf1N TN OTTTRN
STATES, SHALL NO/r Ass 1eZOAMI)XV AN A Rzcox lI8NDATION TS$REOF. NEITii>ltR =sox
8'!MMB 1462 AW 8F T IR AGW#MB llAYk rAbve.,, urvm and'. 1ZIU�'dl yr ane.
SECURITIES OR TIM ACCURACY OR COMPT.RTENESS OF 7MS OFFICIAL STATEMZNT,
ANY REPRESENTATION TO TSE CONTR"Y MAY BE A CRIMINAL OFFENSE.
ti
PMO No. 04 — Dow Itwa+eryM. its _..
Agenda Information Memo
February 6, 1990 City Council Meeting
CONDITIONAL USE PERhMjl W HORIZON CHILD CAREIPYLON SIGN
D. Conditional Use Permit, New Horizon Child Care, to Allow a Pylon Sign Located on
Lot 1, Block 2, Eagan Center 3rd Addition, Along Lexington Avenue, South of Diffley
Road in the Northeast Quarter of Section 26-•A public hearing was held by the Advisory
Planning Commission at their last regular meeting held on January 23 to consider an
application submitted by New Horizon Child Care for a conditional use permit for a pylon
identification sign for the day care center which is currently under construction at the
southeast corner of Lexington Avenue and Lexington Point Parkway. The APC is
recommending approval of the conditional use permit. For additional information on this
item, refer to a staff r prepared b t e Community Development Department which
is enclosed on pages �� through
Enclosed on pages -Through Wis a copy of the APC minutes regarding this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use
permit to allow a pylon identification sign for New Horizon Child Care Center at the
southeast corner of Lexington Avenue and Lexington Point Parkway.
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: NEW HORIZON CHILD CARE
LOCATION: 4300 LEXINGTON AVENUE
(LOT 1, BLOCK 1, EAGAN CENTER 3RD
ADDITION)
EXISTING ZONING: PD (PLANNED DEVELOPMENT), LB (LIMITED
BUSINESS)
DATE OF PUBLIC HEARING: JANUARY 23, 1990
DATE OF REPORT: JANUARY 17, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: New Horizon has submitted an application for
a Conditional Use Permit to allow a pylon identification sign for
the day care center currently under construction at the southeast
corner of Lexington Avenue and Lexington Pointe Parkway.
By Code, all pylon signs require a Conditional Use Permit. The
sign Code also requires a minimum 10' setback from all property
lines for any part of proposed signs. According to the site plan
submitted, the proposed sign location does not meet the 10' minimum
setback requirement.
If approved, this permit shall be subject to the following
conditions:
1. 10' setback from all property lines shall be maintained.
2. Applicant shall be subject to the one time sign fee of
$2.50 per square foot.
FINANCIAL OBLIGATION - 26 -CU -36-12-89:
Based upon the study of the financial obligations collected in the
past and the uses proposed for the property, no charges are
proposed.
tg�
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NEW HORIZON DAY CARE CENTER
St/[VEYl1R5 / ENGWlENS / PIAMknL,
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TRI -LAND SURVEYING CO , h.
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NEW HORIZON DAY CARE CENTER
St/[VEYl1R5 / ENGWlENS / PIAMknL,
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' U(D
Page 3/EAGAN ADVISORY PLANNIIW:: COMMISSION::f1iNUTES
January 23, 1990
T INCREMENT FINANCING/;:kikfZ►dAN CENTER 5TH ADDITION
Chairman Gr.4ves opened the first public hearing for he evening
regarding the d�elopment district and the tax incr nt financing
plan for the Tri-L;&Properties' ice arena projec ocated south of
Diff ley Road and east'-of, Lex ftit��t n :;iw �:::an the rthwest quarter of
Section 26. """'
Community Development Dir�,Ftor.. Dale .'unkle introduced the item
and presented the staff report.stat` ::the project was consistent
with the Comprehensive Guide
Commissionmember Gorman queioned`�,the district expansion and
increment period. Communit Developmt Director Dale Runkle
explained the proposal. r mmissionmember � Merkley asked why the
residential area was inc,,knded. Mr. Runkle pored out it was included
in order to obtain more funds.....
Miller moved Trygg secona:::::::::;the motion to lose the public
hearing and prove the devel.optL ..:::pian, it being
nsistent with
the Compre sive Guide Plan, f6r the Tri:-.i-,Land Properti ice arena
project Gated south of Diff ley;. Roa.d::::�*$::'east of Lexingto Avenue in
the no west quarter of Sect io.n::::2-f"::::A1'l voted in favor.
At this point, Chairman Graves explained the Advisory Playa 'ng
Commission procedures to the Commission and the public.
CONDITIONAL USE PERMIT/NEW HORIZON CHILD CARE
City Planner Jim Sturi*:::::::#dPftAt44( 1:::::the application for the
Commission and recommended adcirricj:an ar c onal proposed condition
regarding a revised location as $3iown on:the exhibit. The applicant
was present at the meeting and avaitble kib""i questions.
Phil Andor informed the Commission';::;: he lives across the street
from the New Horizon Child Care. He questioned the purpose and the
reason for an elevated sign.
Cynthia Lauper (applicant) informed the Commission that the sign
was a part of the New Horizon's imp. She stated it was a
competitive business and that the advertisig was needed.
Commissionmember Miller ':i9ke :'::':' sign was similar to other
responded yes.
New Horizon Child Care signs. Ms:' Lauper
Commissionmember Voracek asked the applicant if there would be a
problem in moving the sign. The applica:ht stated there would be no
Page 4/EAGAN ADVISORY PLANNING:*'COMMISSION::.'liNUTES
January 23, 1990
problem. Commissionmember Merkle:,:'�ttd that an
should be added stating that the -applicant must
ordinances.
Miller moved, Hoeft seconded, the
hearing and approve a cont�i; 4 a ::uZ.0
located on Lot 1, Block 2, Eztgisrf::C *.:
Avenue south of Diff ley Road in tae nor
as requested by New Horizon Child C
conditions:
additional condition
meet all applicable
motion to close the public
permit to allow a pylon sign
d Addition, along Lexington
;east quarter of Section 26,
e, subject to the following
1. A ten -foot setba Ts:` from ::::i 3jj! property lines shall be
maintained.
2. Applicant shall be subject to the one-time sign fee of $2.50
per square foot.
3. The sign location shall *:`'be::::.revised as shown on the exhibit
presented at the Advisory Plannihd Comni ss. on meeting.
4. The applicant shall 1'applicable ordinances.
All voted in favor.
CONDITIONAL DBE PERMITIMIKE MAROSHIN
Chairman Graves convened::'::'the-,... b. xt-::::::Public hearing regarding a
conditional use permit to allow a pylon siggn on the Video Update site
(Parcel No. 10-03000-020-25) loc$:ted a:bng Nicols Road, south of
Diffley Road in the northwest quarter;':: of SOCtion 30.
City Planner Jim Sturm explained the application to the
Commission. He pointed out that the site needed a clean-up and
striping.
Mike Marushin (applicant) displayed:::the landscaping plans to be
used to clean up the site. CommissiOna'"ber Merkley questioned the
location of the landscaping. He.,felt..t#}e.JCea needed dressing up.
Commissionmember Vora cek*'"giieiotid'the need for the permit. City
Planner Jim Sturm explained there was;::po record of a permit being
issued for the site. Commissionmemw Voracek stated he was
Agenda Information Memo
February 6, 1990 City Council Meeting
CONDITIONAL USE PERMITMIKE MARUSHINlPYLON SIGN
E. Conditional Use Permit, Mike Marushin, to Allow Pylon Sign on Video Update Site
(Parcel 10-03000-020.25) 1,ocated Along Nicols Road, South of Diffley Road, in the
Northwest Quarter of Section 30--A public hearing was held by the Advisory Planning
Commission at their last regular meeting held on January 23, 1990, to consider an
application submitted by Michael D. Marushin for a conditional use permit to allow a
pylon sign to be located on the lot of the existing Video Update store located south and
west of the intersection of County Road 30 (Diffley Road) and Nicols Road. The
proposed sign is an internally lit, two -support pylon. The APC is recommending approval
of the conditional use permit.
For additional information on this item, please refer to a staff report prepared bv the
Community Development Department which is enclosed on pages through
For the Council's information, enclosed on pages through is a copy of the
APC minutes regarding this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use
permit to allow a pylon sign to be located on the lot of the existing Video Update store
located south and west of the intersection of County Road 30 and Nicols Road.
l gy
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: MICHAEL D MARUSHIN
LOCATION: 4215 NICOLS ROAD (NW 1/4 OF SECTION 30)
EXISTING ZONING: RB (ROADSIDE BUSINESS)
DATE OF PUBLIC HEARING: JANUARY 23, 1990
DATE OF REPORT: JANUARY 9, 1990
REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting
a Conditional Use Permit to allow a pylon sign to be located on the
lot of the existing Video Update store located south and west of
the intersection of County Road 30 (Diffley Road) and Nicols Road.
The proposed sign is an internally lit, two -support pylon.
COMMENTS: The proposed sign will replace the existing sign located
at this site. The property immediately south of the site in
question is the old Brooks Superette location that is currently
being remodeled to house a Big A Auto Parts store. Sign ordinance
regulations require at least 300 feet between pylon signs. The
combined width of the old Brooks lot and the Video Update lot is
175 feet. Therefore, by code, only one lot is allowed a pylon
sign. Because of this, the proposed pylon sign will include
identification copy for Big A as well as Video Update. Without a
dual identification sign, the old Brooks site would have to apply
for a variance from the 300 -foot -distance -between -pylon -signs
requirement which, if approved, would result in two pylon signs
within approximately 100 feet.
The applicant wishes to place the proposed sign in the same
location as the existing Video Update sign. The existing sign
meets all setback requirements.
If approved, this permit shall be subject to the following:
1. All applicable Ordinances
2. The one-time sign fee of $2.50 per square foot.
FINANCIAL OBLIGATION - 30 -CU -37-12-89:
Based upon the study of the financial obligations collected in the
past and the uses proposed for the property, no charges are
proposed.
4
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Page 4/EAGAN ADVISORY PLANNINt::COMMISSION:M.INUTES
January 23, 1990
problem. Commissionmember Merkl'�e.:::::"t6d that an additional condtion
should a added stating that the'applicant must meet all a icable
ordinances
Miller m ed, Hoeft seconded, the motion to�2ose the public
hearing and a rove a cond::a: �!$e::-hermit to allow a pylon sign
located on Lot Block 2, E�sgi"n'::::CeiTtk6::::3r-d Addi; on, along Lexington
Avenue south of ffley Road in t3a northeast, quarter of Section 26,
as requested by Horizon Child Care -'subject to the following
conditions:
1. A ten -foot se°tba:.c::�:�:'frorn': :r.-' property lines shall be
maintained.
2. Applicant shall be su%jjtt to the one-time sign fee of $2.50
per square foot. f,
3. The sign loc ion shall b6�::r yised as shown on the exhibit
presented at the Advo ory Planniiia Comm' s&j-.o meeting.
v
4
4. The ap cant shall meed>''a T applicable ordlgances.
All v ted in favor.
CONDITIONAL Os8 PERMITIMIKE MARUSHIN
Chairman Graves conven6d'''thext''''public hearing regarding a
conditional use permit to allow a pilon sac-gn on the Video Update site
(Parcel No. 10-03000-020-25) loc$ted a-:dng Nicols Road, south of
Diffley Road in the northwest quarte,;:: of Stiction 30.
City Planner Jim Sturm explained the application to the
Commission. He pointed out that the site needed a clean-up and
striping.
Mike Marushin (applicant) displayed:::the landscaping plans to be
used to clean up the site. Commissioniber Merkley questioned the
location of the landscaping. He- elt..V e.Arga, needed dressing up.
Commissionmember Voracek_`gdd9t' 'dh,6 '--thb need for the permit. City
Planner Jim Sturm explained there was..:::lo record of a permit being
issued for the site. Commissionmemier Voracek stated he was
i a4
LANNING''' COMMISSION :MNUTES
Page 5/EAGAN ADVISON,r
January 230 1990
........... the site. He
encouraged by the applicant's Bs1x°e to clean it Attorney Mike
questioned if it couldbe
aecadded as a cdition coulddbeiplacedton the issuance
Dougherty explained that
of the permit. Chairman Gra ves requested thquestedioCity asupportl�n
regarding the clean-up. The applicant req
cleaning up the adjoining lots:::: `::
' onmember Voracek requogted ...:t��e addition of a condition
Commissi submitted and app
regarding a landscape plan for two. -lots being
b the staff. Commissionmember ..... .X$aefrom thethe
addition of a
site
y . pylon b
condition that the old .:.::::: public
cek moved, Merkley seconded, the motion to close
espub on
Vora permit to allow a pylon
hearing and approve a conditional use p located along
the Video Update site (Parcel Road o. 10n 03 -O
the northwest quarter of
Nicols Road, south of Diffley subject to the following
Section 30, as requested by:.:Mike Marushin,
conditions:
1. All applicable ordinances.....
2. The one-time sign fee of.:4J.::: 4 Per square foot.
e the conditional use permit is issued, a landscape plan
3. Befor
for two lots must be submitted and approved by staff.
4. The old pylon signse::::s ......mtts be removed.
5. The lots shall be cleaned up abd maIAtained.
All voted in favor.
Cr��IppAL OBE FSRI+IIT/NABGBLE OUTDOOR AD4ERTIBZNG ,----,
fid --fie next f V r he evening
Chairman Graves a.:ow a billboard advertising
regarding a conditional a Centre Industrial Park No.
sign located on Lot 14. ::.:►::�a.: st anter of Section
the so a of -4 :? ::�.�: '�i?... .�
1, along
3.
r
Agenda Information Memo
February 6, 1990 City Council Meeting
ORDINANCE AMENDMENT USE REGULATION ZONING
F. Ordinance Amendment, City of Eagan, Amending Eagan City Code Chapter 11
Entitled "Land Use Regulation (Zoning)" --A public hearing was held by the Advisory
Planning Commission at their last regular meeting held on January 23 to consider an
ordinance amendment of the City of Eagan, Minnesota, amending Eagan City Code
Chapter 11 entitled, "Land Use Regulation (Zoning)" by amending Section 11.40,
Subdivision 4, regarding conditional use permits, and by adopting by reference Eagan City
Code Chapter 1 and Section 10.99.
The purpose of the ordinance amendment is to provide additional information on the
conditional use permit process and when and why conditions may be attached to a permit.
The ordinance was rewritten by the City Attorney's office and, hopefully, will assist staff,
the APC and the City Council in adding conditions to or approving or denying permits
based on the health, safety and general welfare of the City.
The APC is recommending approval of this ordinance amendment.
For further information on this item, please refer to a copy of the proposed ordinance
amendment which is enclosed on pages � through .
For the Council's information, a copy of the APC minutes regarding this item is enclosed
on page
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance
amendment of the City of Eagan, Minnesota, amending Eagan City Code Chapter 11
entitled "Land Use Regulation (Zoning) by amending Section 11.40, Subdivision 4,
regarding conditional use permits, and by adopting by reference Eagan City Code Chapter
1 and Section 10.99.
LW
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA AMENDING EAGAN CITY CODE
CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING
SECTION 11.40 SUBDIVISION 4 REGARDING CONDITIONAL USE PERMITS; AND BY
ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 10 is hereby amended by changing
10.10, Subd. 4, to read as follows:
Subd. 4. CONDITIONAL USE PERMITS
(A) Purpose: Conditional uses include those uses which are not
generally suitable within the zoning district, but which may
under some circumstances be suitable. The applicant shall have
the burden of proof that the use is suitable and that the
standards set forth in this Subdivision 4 have been met.
(B) Application, Public Hearing, Notice and Procedure: The
application, public hearing, public notice and procedure
requirements for conditional use permits shall be the same as
those for amendments as provided in Section 11.40 subd.5, except
that the permit shall be issued on the affirmative vote of a
majority of the entire Council. Although specific submissions
required to complete an application for a conditional use permit
may vary with the specific use and the district in which it is
located, all applications for such permits be filed with the
Director of Community Development on a form prescribed by the
Director of Community Development.
(C) Standards: The Planning Commission shall recommend a conditional
use permit and the Council shall issue such conditional use
permits only if it finds that such use at the proposed location:
1. Will not be detrimental to or endanger the public health,
safety, or general welfare of the neighborhood or the City.
2. Will be harmonious with the general and applicable specific
objectives of the City's Comprehensive Plan and Ordinances
3. Will be designed, constructed, operated and maintained so to
be compatible in appearance with the existing or intended
character of the general vicinity and will not change the
essential character of that area, nor substantially diminish or
impair property values within the neighborhood.
\q1
4. Will be served adequately by essential public facilities and
services, including streets, police and fire protection, drainage
structures, refuse disposal, water and sewer systems and schools.
5. Will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be hazardous or
detrimental to any persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes,
glare or odors.
6. Will have vehicular ingress and egress to the property which
does not create traffic congestion or interfere with traffic on
surrounding public streets.
7. Will not result in the destruction, loss or damage of a
natural, scenic or historic feature of major importance.
(D) Conditions: In reviewing applications of conditional use permits,
the Planning Commission and the Council may attach whatever
reasonable conditions they deem necessary to mitigate anticipated
adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals
and objectives of the Comprehensive Plan. In all cases in which
conditional uses are granted, the City Council shall require such
evidence and guarantees as it may deem necessary as proof that
the conditions stipulated in connection therewith are being and
will be complied with.
(E)
Denial for
Noncompliance: If the Planning Commission recommends
denial of
a conditional use permit or the Council orders such
determination
denial, it
shall include in its recommendation or
in which the proposed use does not
findings as
comply with
to the manner
the standards required by this Section.
(F)
Permittee:
A conditional use permit shall be issued for a
particular use and not for a particular person.
(G)
Periodic Review, Term of Permit: A periodic review of the use may
be attached as a condition of approval of a conditional use
be the life
permit. Unless otherwise stipulated, the term shall
of the use.
(H)
Revocation:
Failure to comply with any condition set forth in a
of City
conditional
Ordinances,
use permit, or any other violation
shall also constitute sufficient cause for the
termination
of the conditional use permit by the City Council
following a
public hearing.
�`A
(I) Expiration: In any case where a conditional use has not been
established within one year of the date on which the conditional
use permit was granted, the permit shall be null and void. If the
conditional use is discontinued, for six (6) months, the
conditional use permit shall be null and void. This provision
shall apply to the conditional usepermits issued prior to the
effective date of this Section 11.40 subd. 4, but the six (6)
month period shall not be deemed to commence until the effective
date of this Section 11.40 subd 4.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are
hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its
adoption and publication according to law.
Dated:
ATTEST:
By: E. J. VanOverbeke
Its: City Clerk
Date Ordinance Adopted:
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
� C\
Page 15/EAGAN ADVISORY PLANNING COMMISSION !MINUTES
January 23, 1990
1. These standard conditidhit::::::::dfplat approval as adopted by
Council action on September 15, 1987 shall be complied with: Al, B1,
B2, B3, B4, C1, C2, C3, C4, C5, D1, E1, F1, and G1.
2. Adequate screening sha3l::De::p�4 t dad to block the view of the
rooftop units on the building.
All voted in favor.
ORDINANCE AMENDMENT/CON0jT*#ONAL USE PERMITS
Chairman Graves opened the public hearing regarding an ordinance
amendment of the City of Eagan, Minnesota, amending Eagan City Code
Chapter 11 entitled "Land Use Regulation (Zoning)" by amending
Section 11.40, Subd. 4 regarding conditional use permits, and by
adopting by reference Eagan Croce: Chapter 1 and Section 11.99.
City Attorney Mike Dougher�y''presented the proposed ordinance
amendment. He explained that tib amendmaa�t:would allow conditions to
be added. There was discussion rQg.ring:'he ordinance.
Miller moved, Trygg seconded, the motion to close the public
hearing and approve an ordinance amendment of the City of Eagan,
Minnesota, amending Eagan City Code Chapter 11 entitled "Land Use
Regulation (Zoning)" by amending Section 11.40, Subd. 4 regarding
conditional use permits and by adopting by reference Eagan City Code
Chapter 1 and Section 11.99.1::::'vQi:::::::avor.
FEBRIIARY 19, 1990 ADVISORY P,. ANNING..COMMISSION MEETING
Miller moved, Trygg seconded,':i*:the Aotion to reschedule the
regular February 19, 1990 Advisaj�y Pla*tnning Commission meeting to
February 22, 1990 at 7:00 p.m. All voted in-:�`kavor.
BILLBOARDS
Commissionmember Merkley requested &.:.;:change to City Code to
remove the size language (exceeding 250) rarding billboards.
Agenda Information Memo
February 6, 1990 City Council Meeting
RESOLUTIONJANCE PD
G. Resolution, Lance Planned Development, Comprehensive Guide Plan Amendment,
Execution of PD Agreement --In order to finalize approval of the Lance Company planned
development, located north of Yankee Doodle Road on the east side of I -35E, City
Council action is requested for consideration of the Comp Guide Plan Amendment,
execution of the PD agreement and the need for transportation corridor study.
For additional information on this item, refer to a ort prepared by Kristy Marnin,
Planner I, referenced as pages throw
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a resolution
granting the Comprehensive Guide Plan Amendment for Lance Company, 2) to approve
or deny execution of the PD agreement, and 3) if action is taken as a part of the O'Neil
PD item (D, Old Business), there is no formal action required on the transportation
corridor study, realizing that the study will incorporate both the O'Neil PD and Lance
Company project.
C?o i
MEMORANDUM
To: Tom Hedges, City Administrator
FROM: Kristy Marnin, Planner I
DATE: January 30, 1990
SUBJECT: City Council Agenda Item - February 6, 1990 Meeting
Lance Company
1) Resolution Approving Comp Guide Plan Amendment
2) Execution of PD Agreement
3) Authorization to Study the Need for a
Transportation Corridor Study
To finalize approval of the Lance Company Planned Development,
located north of Yankee Doodle Road on the east side of I -35E, City
Council action is requested on the following items.
1) Comprehensive Guide Plan Amendment
The City Council approved a Comprehensive Guide Plan amendment
changing the land use designation of the Lance Company property
from D -III Mixed Residential (6 to 12 units per acre) to CPD
Commercial Planned Development on October 3, 1989, contingent upon
Metropolitan Council review and comment. The Metropolitan Council
adopted the requested plan amendment on January 11, 1990. As with
the O'Neil Comprehensive Guide Plan amendment, the Metropolitan
Council raised numerous concerns related to transportation in the
Yankee Doodle Road corridor (see Item 3 below) in its review of the
Lance Company Comprehensive Guide Plan amendment. The referral
report and letter received from the Metropolitan Council regarding
its action and comments on the plan amendment is attached.
The City Council is requested to approve the resolution granting
the Comprehensive Guide Plan amendment.
2) Planned Development Agreement
The City Attorney's office has been working with the Lance Company
to finalize execution of the Planned Development Agreement. The
City Council is requested to approve execution of this PD
Agreement.
3) Transportation Corridor Study
Separate action by the City Council to authorize staff to study the
need for a Yankee Doodle Road corridor study is not necessary
because such action has been requested as part of the o'Neil agenda
item.
Tom Hedges
January 30, 1990
Page Two
However, it should be noted that the Lance Company Planned
Development will also be served by Yankee Doodle Road. Preparation
of a Yankee Doodle Road corridor study, as requested with the
O'Neil Planned Development action, relates not only to the Lance
and O'Neil projects, but to all development served by Yankee Doodle
Road. This corridor study provides those benefits as noted in the
O'Neil agenda item.
If you have any questions regarding these matters, please advise.
Attachments
cc: Dale Runkle
Jim Sturm
2,'t-2
1i ,
METROPOLITAN COUNCIL Mears Park centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359
January 16, 1990
IVSD JAN t ,
Mr. Tan Hedges, Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: City of Eagan
Canprehensive Plan Amendment Review
Lance Ccmpany
Metropolitan Council Referral File No. 14825-7
Dear Mr. Hedges:
At its meeting on January 11, 1990, the Metropolitan Council considered the
city of Eagan's comprehensive plan amendment. This consideration was
based on a report of the Metropolitan and Community Development Ccmnittee,
Referral Report No. 90-2. A copy of this report is attached.
The Council adopted the following recmm-endations contained in the above
report:
1. That the Council adopt the staff report and findings as stated above
as part of these reccenmendations.
2. That the city of Eagan and Dakota County include an analysis of the
cumulative impacts of this development and others in the vicinity on
the I -35E interchanges and provide for appropriate mitigation
techniques if the interchanges reach capacity.
3. That the city of Eagan be advised that if land uses within the
vicinity on the I -35E interchanges severly impact the I -35E mainline
capacity, Metropolitan Council Transportation policies would support
metering of on -ramps.
Attached is a copy of a letter frau the Metropolitan Waste Control Ccmmission
commenting on the plan amendment.
Sincerely,
Steve Keefe
Chair
SK: 11
Attachments
cc: Kristy Marnin, Planner I
R.A. odde, Metropolitan Waste Control Catmission
Lyle D. Wray, Administrator, Dakota County
Richard Thompson, Metropolitan Council Staff4-y,--)
Metr I an Council Meeting of January 11, 1990 Business Item: B-5
METROPOLITAN COUNCIL
Mears Park Centre, 230 East Fifth St., St. Paul, Minnesota 55101
612/291-6359
REPORT OF THE METROPOLITAN AND COMMUNITY
DEVELOPMENT COMMITTEE
Referral File No. 90-2
DATE: January 5, 1990
TO: Metropolitan Council
SUBJECT: City of Eagan Comprehensive Plan Amendment
Lance Company Land Use Change
Metropolitan Council Referral File No. 14825-7
Metropolitan Council District No. 15
BACKGROUND
The proposed amendment will change the land use designation of 8.8 acres of land located on the
east side of I -35E, north of Yankee Doodle Road from Mixed Residential to Commercial Planned
Development. This amendment would allow development of the site with light industrial uses up
to a maximum of 76,600 square feet.
ISSUES AND CONCERNS
Richard Thompson, Council staff (ext. 6457), presented the report. A question was raised regarding
wether there is a limit on the number of plan changes a community can make before an overall
revision is necessary. Anne Hurlburt, Manager of Comprehensive and Local Assistance Division,
stated there are no limits to the number of plan changes. She commented that at the local level,
many amendments can make a plan unwieldly and difficult to maintain.
RECOMMENDATIONS
1. That the Council adopt the staff report and findings as stated above as part of these
recommendations.
2. That the city of Eagan and Dakota County include an analysis of the cumulative impacts
of this development and others in the vicinity on the I -35E interchanges and provide for
appropriate mitigation techniques if the interchanges reach capacity.
3. That the city of Eagan be advised that if land uses within the vicinity of the I -35E
interchanges severely impact the I -35E mainline capacity, Metropolitan Council
Transportation policies would support metering of on -ramps.
Respectfully submitted,
Mary Hauser, Chair
ao S