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01/21/2003 - City Council Regular~,.~ .1 AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JANUARY 21, 2003 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. Presentation on Cedar Traasitway Study -Gene Franchett, Dakota County IV. CONSENT AGENDA p ~ A. APPROVE MINUTES fp ZO B. PERSONNEL ITEMS J~ 1 C. CHECK REGISTERS ~.?3 D. APPROVE 2003 Trash Hauler License Renewals Po?j E. APPROVE 2003 Tree Contractor License Renewals d~~ F. APPROVE Funding Agreement with Xcel Energy for Contract 02-17 (Cedar Grove r Redevelopment Area - Streetscaping) ~j0 G. RECEIVE Draft Feasibility Report /ORDER Public Hearing -Project 881 -Twin View Manor (Erik's Boulevard)Street Lighting y3~ H. RECEIVE Draft Feasibility Report /ORDER Public Hearing -Project 883 - Clearview ~/ Addition (Beecher Drive) Street Lighting rj 3~ I. CANCEL Project 806 /RECEIVE Feasibility Report and SCHEDULE Public Hearing for ~" Project 806R (Kennerick Addition - Stomp Sewer Improvements) 3 j J. APPROVE Wetland Replacement Plan - JP-47 Alum Storage Basin Improvements / 3 ~ K. APPROVE Traffic Signal Agreements with MnDOT for Project 800R (Cedar Grove Access Modifications) 3S' L. APPROVE Final Assessment Roll for Project 793 (MVTA Transit Station -Sanitary Sewer Improvements) P36 M. APPROVE 8-City Joint Powers Agreement (Street Maintenance Contractual Services) P,aj 7 N. APPROVE Renewal of Contract with Dakota County Sentence to Service Program P jg O. APPROVE Renewal of Contract with Lifeworks, Inc. p j9 P. APPROVE Wetland Replacement Plan - Kennerick Addition /City Project 806 (to be I continued to the February 18, 2003 Council meeting) yOQ. RECEIVE Bids /Award Contract, Contract 03-05, JP-47 Alum Storage Basin Improvements ~// R. APPROVE Change Order No. 9 -Community Center y,Z S. APPROVE 2003 Commercial Fertili2er License Renewal yj T. APPROVE Publication of Cedar Grove District Summary ySU. APPROVE Recommendation of Operations Committee -Artist's Renderings +~( V. APPROVE Recommendation of Operations Committee -Hours of Operation y/ ~ W. APPROVE Recommendation of Operations Committee -Birthday Parry Charge V. 6:30 -PUBLIC HEARINGS /~y~ A. VARIANCE, Duane Olson, A 3 foot Variance from the maximum allowed height of 42 inches ~/ to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road in the NE '/, of Section 34. VI. CITY ORGANIZATIONAL BUSINESS PS6 A. Advisory Commission Appointments p 9' B. Acting Mayor ~~ C. Official Legal Newspaper ~3 D. City Council Meeting Schedule ~'/3E. Council Meeting Procedures ~,$~3 F. Standing Committee Appointments ~~G. Other Appointments VII. OLD BUSINESS gsA. APPROVE Web Vendor Contract /DOB, AMENDMENT to the Pazkview Golf Course Driving Range Condition regarding lighting. rp ~ p GC. NORTH FIELDS -Consider Plans and Specifications and Authorize Advertisement far Bid VIII. NEW BUSINESS n ~ ~ 0 A. Receive Petition for Stop Sign at Slater Road and Storland Road /Wall Street. d 31X. COMMUNITY CENTER UPDATE X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE XI. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads yl,a~ XII. ECONOMIC DEVELOPMENT AUTHORITY /_ XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT XV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status Frith regazd to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. t~ ~ .~.~ city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 17, 2003 SUBJECT: AGENDA INFORMATION FOR JANUARY 21, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 21, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo January 21, 2003 Eagan City Council Meeting PRESENTATIONS A. CEDAR AVENUE TRANSITWAY STUDY ACTION TO BE CONSIDERED: Provide suggestions, comments and/or guidance to Dakota County regarding the Cedar Ave. Transitway Study. FACTS: • In 1998, the Legislature decided that transit should be studied in the Cedar Ave. corridor crossing the Minnesota River as part of the Hiawatha Light Rail Transit (LRT) and allocated $500,000 to study its feasibility. In 1999, the Dakota County Regional Railroad Authority (DCRRA) commenced a Phase I study for this river crossing segment evaluating the future transit options along Cedar Ave. from the Mall of America in Bloomington to the Transit Station at 157`" St. in Apple Valley. In November of 2000, the final published study identified Light Rail Transit (LRT) and Bus Rapid Transit (BRT) as the most appropriate systems for this corridor. Projected ridership was 17 - 23,000 per day for LRT and 18,000 per day for BRT. Although LRT was the study's recommended preferred option, its significant construction ($500 million) and annual operating costs ($5 million) were determined to be major detriments to its implementation. By comparison, BRT was estimated at $95 M and $1.3 M, respectively. Subsequently, only the BRT option was supported by the DCRRA for further consideration. Both options anticipate a major transit station in the Cedar Grove Redevelopment area. • In 2001, the County received an additional $500,000 from the State Legislature and $400,000 from the Metropolitan Council to further evaluate the benefits of extending the limits of this first phase segment southerly along Cedar Ave. from 157`'' St. in Apple Valley to Co. Rd. 50 (215"' St.) in Lakeville and along I-35E from Cedar Ave. to Co. Rd. 46 in Lakeville. • Gene Franchette is the Project Manager for Dakota County and Rick Nau is the engineer from URS Inc., retained by the County as the engineering firm for this Phase II study. This study is being performed under the guidance of an oversight Management Committee comprised of representative community officials. Councilmember Tilley and City Administrator Hedges (alternate), represent Eagan's interests. Public Works Director Colbert and Sr. Planner Ridley (alternate) are representatives on the Technical Advisory Committee (TAC). • Mr. Franchette and Mr. Nau would like to provide the Council with a 10-minute presentation and update of this Phase II study and its process incorporating public input through several open houses. ATTACHMENTS: • Presentation outline, pages through a -~ Cedar Avenue Corridor iransiMar STUDY OVERVIEW January 2003 Ll L^~ PHASE I FEASIBILITY STUDY ^ Is it feasible to increase the transit capacity of the Cedar Avenue Corridor between Apple Valley and the Mall of America? o YES -there is sufficient feasibility to move forward with more detailed study PHASE I FEASIBILITY STUDY r DCRRA Board favored Bus Rapid Transit (BRT): o Increased transit ridership o Opportunities for transit oriented development o Future conversion to light rail transit (LRT) PHASE I FEASIBILITY STUDY Completed February 2001 ~~ ;~ PHASE I ~'""` ~" ~' FEASIBILITY STUDY ` ~} DCRRA Board favored Bus Rapid :,._ Transit (BRT): o Lower cost transit solution o More cost effective ^ Minor right-of-way and environmental impacts o No new bridge PHASE II STUDY 1 +-'~~ F,--_"~ PHASE II y: --~ , _..~, ~.. •~ _; - ~~~' STUDY ''' '' ~. ^ Consider feasibility of `~' ~•. ~- ~~a transit extensions: - ,~~ _~ti~~V j ^ Cedar Ave. through ~i <= = a Lakeville -~`_i - ,4i I ~ F PHASE II STUDY o Complete more detailed analysis to # fulfill federal funding requirements: F ^ Alternatives Analysis ^ Scoping Document o Implementation Plan (Short and Long term) PHASE II STUDY GOALS o Enhance/Promote transit oriented development and economic development that are compatible with community planning goals o Provide a convenient, desirable, and safe travel aRemative o Minimize adverse social, economic and environmental impacts, and pursue opportunities to enhance these qualities within the corridor '~ !..,__ ~ ~ PHASE II ~, _ :, ~, = STUDY ' o Consider feasibility of ' .-~~ transit extensions: - ~'~ ^ I-35E/I-35 through i-. :-t t-; Burnsville ry~_ : -- .~; PHASE II STUDY - -r ~ GOALS n'. '~~ o Improve corridor mobility o Maximize the movement o/people within the corridor across the Minnesota River. ^ Provide cost-effective and efficient transit element of the transportation system. ;:~;~_ o Provide flexible, adaptable, and expandable transportation choices What is BRT? (Bus Rapid Transit) ,, ~: What is BRT? ^ Rapid Transit System s ^ Vehicles fi .Stations 's' ^ Exclusive Lanes ^ Fare Collection .Information Systems What is BRT? o Rapid Transit System ^ Vehicles ^ Stations ^ Exclusive Lanes ^ Fare Collection ^ Information Systems What is BRT? ^ Rapid Transit System ^ Vehicles ~~ ^ Stations ^ Exclusive Lanes ^ Fare Collection ^ Information Systems What is BRT? - o Rapid Transit System '~ ^ Vehicles ^ Stations ^ Exclusive Lanes . Fare Collection r Information Systems; i T -- ._... What is BRT? ^ Rapid Transit System ^ Vehicles r Stations ^ Exclusive L~ ^ Fare Collect ^ Information ~.r` `: What is BRT? ^ Rapid Transit System o Quaiity of rail transit with the flexibility of buses o Keys to Success ^ Reliability ^ Travel Time Advantage r Frequent, Convenient Service 3 s :s tredat Ilvenue~' Corridor Traasitway QUESTIONS??? URS Public Involvement o City Council Presentations ^ Newsletter ^ Public Meeting March 5, 2003 Dakota County Western Service Center 5:00 to 8:00 PM ^ News Releases ^ Web Site 4 6 Agenda Information Memo January 21, 2003 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 7, 2003 regular City Council meeting, the January 7, 2003 Listening Session and the December 23, 2002 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the January 7, 2003 regular City Council meeting are enclosed on pages through ~. • Minutes of the January 7,. 2003 Listening Session are enclosed on page ~~. • Minutes of the December 23, 2002 special City Council meeting are enclosed on pages _~ through ~. MINUTES OF A REGULAR MEETING OF THE ~~ 1 A F T EAGAN CITY COUNCIL / Eagan, Minnesota January 7, 2003 A regular meeting of the Eagan City Council was held on Tuesday, January 7, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. OATHS OF OFFICE City Administrator Hedges administered the Oaths of Office to Mayor-Elect Geagan, Councilmember- Elect Maguire and Councilmember Carlson. AGENDA City Administrator Hedges stated an item which had been discussed at the Listening Session prior to the regular meeting regarding Parkview Golf Course should be added under Old Business. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Carlson asked that Item A. Minutes, be pulled for separate vote due to Mayor Geagan and Councilmember Maguire's need to abstain. City Administrator Hedges asked that the December 23, 2002 special City Council meeting minutes be removed from Item A, Minutes, and placed on the January 21, 2003 agenda for approval. Mayor Geagan asked that item D regarding a lease agreement between the City and St. Croix Harley Davidson be pulled for discussion. A. Minutes. minutes of the December 17, 2002 regular City Council meeting, and the December 23, 2002 special City Council meeting as presented. PULLED FOR SEPARATE VOTE B. Personnel Items. 1. It was recommended to approve the hiring of Gina Roggenbuck as a Clerical Technician III in Community Development. 2. It was recommended to approve the hiring of Randy Boyden, Keith Wallace and Brad Champlin as part-time seasonal broombalUboot hockey officials. 3. It was recommended to approve the hiring of Denice King as a part-time seasonal preschool program instructor. 4. It was recommended to accept the resignation of Police Officer Robert Rollins. 5. It was recommended to approve the change in status for the Water Resources Technician position from Compensation Range G to Compensation Range H as a result of a Time Spent Profile review. C. Check Re isg tern. It was recommended to ratify the check registers dated December 19, 2002 and December 26, 2002 as presented. D. Lease Aereement. Lease agreement between the City of Eagan an St. Croix Harley Davidson. The approval of this lease will enable the Police Department to lease two motorcycles for one year at a total cost of two dollars. PULLED FOR DISCUSSION E. Special Meeting It was recommended to schedule a special City Council meeting for January 14, 2003 at 5:00 pm. F. Contract 01-12B. It was recommended to approve the fmal payment for Contract 01-12B (July 2000 Storm Mitigation -Landscaping Improvements). G. Liquor License. It was recommended to approve a change in management of the off-sale beer license for Holiday Stationstore #247 located at 3615 Pilot Knob Road. H. Liauor License. It was recommended to approve a change in management on the on-sale liquor license for Joe Senser's located at 3010 Eagandale Place. Eagan City Council Meeting Minutes January 7, 2QQ3 Page 2 ~RAFr I. Liquor License. It was recommended to approve a name change on the liquor license for Comer's Liquors Unlimited, located at 3090 Courthouse Lane Unit 2, to Comer's Lone Oak Liquors. J. Zoning Ordinance Summary. It was recommended to approve the summary of a complete update of Chapter 11 of the Eagan City Code entitled "Land Use regulations (Zoning)" for publication. K. 2003 Trash Hauler License Renewal. It was recommended to approve a 2003 Trash Hauler License renewal for Veit container, Buckingham Companies, Adex Group and Keith Krupenny. L. 2003 Pet Shop License Renewal. It was recommended to approve a 2003 Pet Shop License renewal for Petco. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve the minutes of the December 17, 2002 regular City Council meeting as presented. Aye: 3 Abstain: 2 (Geagan and Maguire) D. Mayor Geagan directed staff to write a letter recognizing the Eagan Crime Prevention Association. Councihnember Carlson moved, Councihnember Fields seconded a motion to approve a lease agreement between the City of Eagan an St. Croix Harley Davidson. The approval of this lease will enable the Police Department to lease two motorcycles for one year at a total cost of two dollars. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE TO FRONT YARD SETBACK FOR THREE SEASON PORCH 4320 HAMILTON DRIVE (Cheryl and Dan Seanoa) City Administrator Hedges introduced this item regarding a request fora 10 foot variance to the required 30 foot front yard setback, to build a three season porch at 4320 Hamilton Drive. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public continent, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a 10 foot variance to the required 30 foot front yard setback, to build a three season porch at 4320 Hamilton Drive, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The materials and color of the addition shall match the existing principle structure. 3. The addition shall be subject to all other R-1, Single Family Residential zoning standards. 4. The addition shall not encroach more than 10 feet into the required 30 foot front yard setback. VARIANCE -RAY MILLER City Administrator Hedges introduced this item regarding a request for a Variance to allow a detached garage in the front yard of property Iocated at 785 Golden Meadow Road. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Bobbi and Stewart Penski, property owners provided background information regarding the purchase of the property and stated there continues to be issues unresolved. They requested consideration of the requested variance be continued to the February 18, 2003 Council meeting and waived the 60 day agency action requirement. 9 Eagan City Council Meeting Minutes p~, January 7, 2003 /q F Page 3 Councihnember Fields moved, Councihnember Maguire seconded a motion to continue the public hearing to consider a Variance to allow a detached garage in the front yard of property located at 785 Golden Meadow Road, legally described as Lot 4, Block 1, Sunset 13`'' Addition in the NW '/, of Section 25. Aye: 5 Nay: 0 ISSUANCE OF $5,380,000 TAX-EXEMPT MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS, AND $3,420,000 TAXABLE MULTI-FAMILY HOUSING REVENUE BONDS - ASPENWOODS APARTMENTS City Administrator Hedges introduced this item regarding the issuance of tax-exempt revenue refunding bonds and taxable revenue bonds from the Aspenwoods Apartments. Kathleen Aho, Springsted addressed Council regarding Aspenwoods Apartments Refinancing. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to adopt a resolution authorizing issuance of $5,380,000 tax-exempt revenue refunding bonds, subject to staff review of the final agreement language, for the Aspenwoods Apartments under Minnesota Statutes, Chapter 462C. Aye: 5 Nay: 0 OLD BUSINESS RECOMMENDATION AND AWARD OF CONTRACT FOR CONSULTANT SERVICES, HOLZ FARM MASTER PLAN City Administrator Hedges discussed this item regarding the proposed Holz Farm Master Plan. Dorothy Peterson of the Advisory Parks and Recreation Commission, discussed plans for Holz Farm and recommended Brauer and Associations be contracted for consultant services. Councihnember Carlson moved, Councilmember Fields seconded a motion to approve Holz Farm Master Planning Services from Brauer and Associates not to exceed $30,000. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE Ciry Administrator Hedges explained that an update regarding the Community Center will be a regular agenda item until the Center is completed. He then provided an overview regarding recent activity of the Community Center Operations Committee. ADMINISTRATIVE AGENDA TEMPORARY VARIANCE - PARKVIEW GOLF COURSE City Administrator Hedges discussed an issue that was raised at the Listening Session by Shane Korman of Parkview Golf Course, regarding recent vandalism. Mr. Korman is requesting the lighting at the golf course be allowed to remain on for an extended time each night until such time surveillance equipment is installed on the property. Administrator Hedges explained that the area property owners will be notified and the item will be heard on January 21, 2003. In the interim, Council is being asked to consider a temporary variance to the lighting restrictions. Council held a discussion regarding the extension of the lighting restrictions. Councihnember Tilley moved, Councihnember Fields seconded a motion to set a public hearing for January 21, 2003 to consider modification to the conditions of the Parkview Golf Course site plan. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a temporary variance to the Parkview Golf Course Site Plan conditions regarding lighting restrictions to allow lights to remain on until 1:00 a.m. Aye: Tilley, Maguire Nay: Carlson, Geagan, Fields Motion failed. /o Eagan City Council Meeting Minutes January 7, 2003 Page 4 RAFT Councilmember Carlson moved, Councihnember Fields seconded a motion to approve a temporary modification to the conditions of the Parkview Golf Course Site Plan approval to allow the lights to remain on from dusk to dawn until January 21, 2003. Aye: Geagan, Carlson, Fields Nay: Tilley, Maguire Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the meeting at 7:45 p.m. Aye: 5 Nay:O Mayor Eagan immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 7:SOpm and introduced "Visitors to be Heard". VISITORS TO BE HEARD Elaine Eyre, 1373 Interlachen, requested that in the future the "Visitors To Be Heard" portion of the Council agenda be moved to the beginning of the meeting rather than the end. Councilmembers indicated this issue would be discussed at an upcoming retreat. ADJOURNMENT p.m. Councihnember Tilley moved, Councihnember Fields seconded a motion to adjourn the meeting at 7:55 Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is conunitted to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. // ~~ MINUTES OF A LISTENING SESSION ~ ~~ OF THE EAGAN CITY COUNCIL JANUARY 7, 2003 6:00 P.M. The Eagan City Council held a Listening Session on January 7, 2003 at 6:00 p.m. In attendance were Mayor Geagan, Councihnembers Carlson, Fields, Tilley and Maguire. Shane Corman of Parkview Golf Course explained to Council that vandalism has been occurring on the greens of the golf course. He requested permission from Council to extend the hours that lighting on the golf course is allowed. He stated that surveillance equipment will be installed on the property when weather permits. Council and staff explained to Mr. Corman that neighboring property owners would have to be notified and a public hearing held before a modification could be made to the conditions of the golf course site plan. Staff indicated that a public hearing could be held on January 21, 2003. Council indicated they would be willing to consider a temporary variance to the conditions of the golf course site plan at the upcoming regular Council meeting. Mike Ferber representing the Eagan Chamber of Commerce stated that a member of the Chamber will be attending future City Council meetings in an effort to continue building a relationship with the City. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk ~a MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL MONDAY, DECEMBER 23, 2002 COMMUNITY CENTER -CENTRAL PARK 5:00 P.M. Present: Mayor Awada, Councilmembers Carlson, Fields and Tilley, City Administrator Hedges, Director of Administrative Services VanOverbeke, Parks and Recreation Director Vraa, and Mayor-elect Geagan REVIEW PROGRESS OF COMMUNITY CENTER BUILDING CONSTRUCTION City Administrator Hedges reported that the City Council completed a walk through of the Community Center to review the status of various building components. The meeting was temporarily adjourned, to be reconvened in the Community Room at City Hall. CITY HALL -COMMUNITY ROOM 6:00 P.M. Present: Mayor Awada, Councilmembers Carlson, Fields and Tilley, City Administrator Hedges, Director of Administrative Services VanOverbeke, Assistant City Administrator Verbrugge, Parks and Recreation Director Vraa, Senior Planner Ridley, and Mayor-elect Geagan ROLL CALL & AGENDA ADOPTION Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda with the addition of Premises Permit Renewal, Letter to Dakota County, and Resolution Regarding July 4th, 2003 Activities to Item VI, Other Business. Councilmember Carlson also wanted to clarify staffing issues as part of the Community Center discussion. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. /,~ Special City Council Minutes December 23, 2002 Page 2 ORDINANCE AMENDMENT AMENDING CITY CODE CHAPTER 11, SEC. 11.60/CEDAR GROVE DESIGN STANDARDS City Administrator Hedges introduced the item and summarized the background on the issue. The draft Cedar Grove design standards and draft Cedar Grove Zoning District language were presented. Hedges reported that an open house had been held on. December 18 and that the Advisory Planning Commission held a Public Hearing on the issue on December 19, unanimously recommending approval of the ordinance amendment. Hedges introduced Senior Planner Ridley to summarize the recommendations of the APC. Senior Planner Ridley stated that the APC recommended the following changes to the draft before unanimously approving the ordinance amendment for recommendation: • Four (4) proposed Permitted Uses in Subd. 23, Sec. B (#3-Animal Clinic when contained within a building; #21-Hotel or motel; #39-Residential multi-family dwelling, if within a structure containing at least four units; and #40-School, public or private.) should be identified as Conditional Uses (Subd. 23, Sec. D) • Percentage of street fronting building facade (Subd.23, Sec. E-5.) should be 85% rather than the proposed 60% • No detached garages be permitted for Building Type B, Apartments or Condominiums (Subd.23, Sec. F-2.) and that each residential unit must be provided two (2) enclosed parking stalls • Add Eastern Red Cedar to the list of trees that satisfy landscaping requirements (Subd. 23, Sec. J-13h.), since the district is known as the Cedar Grove District Resident Doris Dahline, 3830 Alder Lane, asked about Cedarvale Lanes since bowling alleys are not on the list of proposed Permitted Uses. Councilmember Carlson noted that "Bakery" is not on the list and asked if a #49 could be added in Section B as a general catch all phrase to include "Bakery". Carlson also mentioned her concern about "Automobile Service/Repair" as a Conditional Use (Subd. 23, Sec. D-9). Senior Planner Ridley responded to Ms. Dahline's question by stating that "Indoor Recreation" is usually a Conditional Use. Mayor Awada suggested that "Indoor Recreation" be added as #13 in Section D. Mayor Awada stated that she disagreed with the APC recommendation regarding the percentage of building frontage. Council members expressed concern about the amount of surface parking lot as frontage when the purpose is to bring buildings as close to the street as possible. Mayor Awada agreed with the concern but stated that the 85% requirement was too much. She suggested clarifying Subd. 23, Sec. E-5 to state that building facades must be a minimum of 60% frontage and that parking not exceed 15%. The City Council concurred with the clarification /y Special City Council Minutes December 23, 2002 Page 3 Ms. Dahline stated that there was a lot of ambiguity in the draft language. She said that, for example, the phrase "for the most part" was used frequently and should be removed. She also said that pedestrian boulevards with no traffic are very successful in Europe and could be used here. Council member Carlson stated that she does not want to see more townhomes in the area after Delta Development. Carlson also stated that the redevelopment area should be broken up into districts specifying where residential, office, and other uses should be located. Senior Planner Ridley discussed the Comprehensive Guide Plan amendments, specifically related to Council member Carlson's comments, which will be presented to the APC for consideration in January 2003. Councilmember Carlson suggested that the duties of the Cedar Grove Design Review Committee (Subd. 23, Sec. L) be assigned to the Economic Development Commission. Mayor Awada said the Design Review Committee is more of an administrative task, that the EDC could make design review recommendations to the City Council, and that the appeal process should be removed from the ordinance amendment. The City Council agreed to include this change. Ms. Dahline asked how the Cedar Grove District is defined. Senior Planner Ridley stated that the map of the proposed Cedar Grove District, which is essentially the Cedar Grove Redevelopment Area, was included in the notice that was mailed. Ms. Dahline asked about Appendix B -Street Types and asked how Cedar Grove Parkway fits into those descriptions. The City Council directed Senior Planner Ridley to amend the Street Types to be "Future Street/Road Guidelines". Councilmember Carlson moved, Councilmember Tilley seconded, to adopt the Ordinance Amendment to Chapter 11, with changes, and direct the City Attorney to prepare an Amendment Summary suitable for publication. Aye: 4, No: 0. COMMUNITY CENTER OPERATIONS REPORT Councilmember Carlson stated for clarification that the temporary hiring freeze related to Central Park should include a General Fund grounds maintenance position. City Administrator Hedges introduced the item and referenced a summary in the Council packet of the Operations Committee meeting held on December 17, 2002. He stated that the general consensus of the committee was to not proceed with staffing and other items until the capital construction and operating budgets for the Community Center were ready for review in January 2003. Other pertinent issues, Hedges said, were the preparation of change orders for the additional layout of stonework around the fireplace, estimated to be $12,000, and research of after market trim products. ~~ Special City Council Minutes December 23, 2002 Page 4 Councilmember Carlson asked for a timeframe for decisions on these issues. Mayor- elect Geagan stated that the project superintendent had told him the timeframe is very tight. The City Council agreed to allow the Operations Committee to keep working on the fireplace. Councilmember Carlson moved, seconded by Councilmember Tilley, to have a CAD3 design drawing of the fireplace prepared. Aye: 4, No: 0. Administrative Services Director VanOverbeke stated that the building budget can be updated by the January 7, 2003 City Council meeting, but that the total budget is more complicated and will take more time. He further stated that a portion of the total original bond sale amount was allocated to the building budget. City Administrator Hedges introduced the next item for consideration, French Doors for the senior room. Mayor Awada moved, seconded by Councilmember Tilley, to prepare a change directive for two French doors to be installed in the senior room. Aye: 3, No: 1 (Carlson opposed). City Administrator Hedges stated the next item for discussion was the break room/receiving area. Councilmember Carlson moved, Mayor Awada seconded, that the upstairs room not be used for a break room or administrative office so as not to take away revenue. Mayor Awada emphasized her concern that it not be a "de facto" break room. Aye: 4, No: 0. City Administrator Hedges noted that a decision had been made to repaint the aerobics room from green to neutral beige that the soffit has been painted. He stated that no City Council decision had been made on locker room changes. Information was included in the packet regarding the teen room program statement from the focus group on the teen center. Council discussion included concerns about a dividing wall separating the money-taking machines (arcade) from the television watching area. Councilmember Carlson said the wiring for the video games is not in yet, but the "guts" of the room is still workable. The Council agreed that other items such as pool and foosball will also bepay-for-play. Mayor-elect Geagan said his experience with arcade environments is that it is necessary to staff the space. Councilmember Tilley asked about the experience of other cities with pay-to-play games and how much profit is made. Parks and Recreation Director Vraa stated that Roseville had pay-to-play videogames but he did not recall the specific numbers. He will research that. He also said that New Brighton had games that were subsequently removed. Mayor Awada moved to install the electric, remove the computers, and not buy furniture until the Operations Committee reviews the issue. Councilmember Tilley asked to not remove computers without consulting the teen focus group or doing some research. Mayor Awada withdrew her motion. Councilmember Fields moved, seconded by Tilley, /6 Special City Council Minutes December 23, 2002 Page 5 to get a quote for running the electrical to the room and to not purchase any items for the room until further directed. Aye: 4, No: 0. Councilmember Fields requested a date when the Council could expect to receive information on the senior center kitchenette. City Administrator Hedges said that a memo is being prepared for the next Operations Committee meeting that will have all of the information. The discussion regarding Tubing Rates at Sledding Hills was delayed until the end of the agenda. OTHER BUSINESS A. Consideration of Amended and Restated Development Agreement with Interstate Partners. City Administrator Hedges introduced the item. He stated that the Economic Development Authority had approved the restated and amended agreement with Interstate Partners for redevelopment in the Highway 55/149 TIF District at a special meeting on December 17, 2002. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the amended and restated development agreement with Interstate Partners for redevelopment of property in TIF District No. 2-4. Aye: 4, No: 0 B. 2003 Tobacco License Renewals. Mayor Awada moved, Councilmember Fields seconded, approval of the 2003 Tobacco License Renewals for Cooper's Restaurant, Green Mill Restaurant, Tobacco Express, Crowne Plaza, and Tobak Shack. Aye: 4, No: 0 C. 2003 Pet Shop License Renewal. Mayor Awada moved, Councilmember Tilley seconded, to approve the 2003 Pet Shop License Renewal for For Pet's Sake. Aye: 4, No: 0 D. Premises Permit Renewal. Councilmember Tilley moved, seconded by Councilmember Fields, to approve Premises Permit Renewal for Eagan High School Football Booster Club to conduct a pull tab operations at Al Baker's, 3434 Washington Drive. Aye: 4, No: 0 E. Letter to Dakota County. Councilmember Carlson said the City should send a letter of congratulations to the Dakota County Board regarding the passed open space referendum and to remind the County Board that the City of Eagan is interested in the process of determining where open space will be acquired, as well as inquiring about a /7 Special City Council Minutes December 23, 2002 Page 6 timeline for the County process. Mayor Awada suggested the letter be prepared for Mayor-elect Geagan's signature. Mayor Awada moved, Councilmember Tilley seconded, to send a letter to the Dakota County Board regarding the open space referendum and process. Aye: 4, No: 0 F. Resolution Regarding July 4`h, 2003 Activities. Councilmember Fields moved, seconded by Councilmember Tilley, that the 2003 Fourth of July parade route end at the Community Center and that the Community Center be opened from 11:00 a.m. to 5:00 p.m. for public tours. The motion is to apply only to the year 2003. Aye: 4, No: 0 TUBING RATES AT SLEDDING HILLS City Administrator Hedges handed out the 2003 Tubing Budget requested by the City Council. Administrative Services Director VanOverbeke reviewed the budget worksheets. He stated that the current system is staffed and free, with a limitation of available tubes. Reservations for groups are currently available. As a safety and control measure, customers are not allowed to bring their own tubes. Mayor Awada asked about a tow rope. Parks and Recreation Director Vraa said the previous pro forma included a tow rope and snow making machine, and the admission costs got into the $6-7 and even $10 range. Director VanOverbeke said the staffing needs are due to League of Minnesota Cities Insurance Trust (LMCIT) requirements for safety parameters because of considerable liability exposure. Councilmember Carlson said she believed families will not pay for an activity that they used to get for free. The City Council agreed to a $2 admission fee, with group rates at $3 per person for residents and $4 per person for non-residents. The Council also directed staff to post notices regarding the reason for the new fee structure being staffing requirements and the capital costs of new tubing equipment. Director Vraa said that the Warming House at Central Park is to be completed by the contractors by Friday, December 27. Councilmember Tilley moved, Councilmember Carlson seconded, to adopt the 2003 Fee Schedule as amended. Aye: 4, No: 0. /8 Special City Council Minutes December 23, 2002 Page 7 Director Vraa, as was directed by the Council, shared with the City Council options for soccer field layouts at Central Park and for a mural at the Community Center. ADJOURNMENT The meeting adjourned at 9:05 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (TDD phone: 651-454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /9 Agenda Information Memo January 21, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Police Officer-- ACTION TO BE CONSIDERED: To approve the hiring of Damn Schultz as a Police Officer. Item 2. Dispatchers-- ACTION TO BE CONSIDERED: To approve the hiring of Kathryn Hetherington and Amy Paul as dispatchers contingent upon successful completion of the psychological, medical and physical exams. Item 3. Amendment to City of Eagan Basic Personnel Policy- ACTION TO BE CONSIDERED: To approve an amendment to the City of Eagan Basic Personnel Policy, Section 22, Tuition Reimbursement Policy. FACTS: The Department Heads have been reviewing the City's current Tuition Reimbursement Policy and recommend to the Council that certain amendments be approved. A basic summary of the amendments is as follows: o Adding a clause which requires that all employees hired after February 1, 2003, must have at least three calendar years of service with the City of Eagan to be eligible. o Adding a clause that approval of reimbursement must be received from both the Department Head and Director of Human Services at least three weeks prior to the first class. o Adding parking fees to the costs which will not be reimbursed. o Adding a clause that gives the Director of Human Resources the discretion to approve the least expensive fee option if the course is offered at more than one institution. ~D Agenda Information Memo January 21, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 2, 2003 and January 16, 2003 as presented. ATTACHMENTS: Check registers dated January 2, 2003 and January 16, 2003 are enclosed without page number. a~ Agenda Memo January 21, 2003 CONSENT AGENDA: D. 2003 Trash Hauler License Renewals ACTION TO BE CONSIDERED: Approve 2003 Trash Hauler License Renewals for Total Sanitation, Walters Recycling and Refuse and JME. FACTS: • Staff has reviewed the applications for renewal and deem them in order for approval. a~ Agenda Memo January 21, 2003 CONSENT AGENDA: E. 2003 Tree Contractor License Renewals ACTION TO BE CONSIDERED: Approve 2003 Tree Contractor License Renewals for the following: R&R Tree Experts 24546 Cedar Point Road New Prague, MN Lawrence Tree Removal 3363 E. 170`h Street Rosemount, MN Viking Land Tree Care Inc. 6501 Maple Drive Rockford, MN Huston's Tree Service 14847 Haven Drive Apple Valley, MN FACTS: Roggenbuck Tree Care 16644 Imperial Way Lakeville, MN • Staff has reviewed the applications for renewal and deem them in order for approval. ~.~ Agenda Information Memo January 21, 2003 F. PROJECT 866 CEDAR GROVE REDEVELOPMENT AREA - STREETSCAPING UTILITY CUSTOMER SURCHARGE AGREEMENT ACTION TO BE CONSIDERED: Approve a Customer Surcharge Agreement for Project 866 (Cedar Grove Redevelopment Area - Streetscaping) with Xcel Energy and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 866 provides for the installation of streetscaping and landscaping along streets within the Cedar Grove (Cedarvale) Redevelopment Area. Part of the streetscaping plan includes the burying of all overhead utility lines within the redevelopment area. • Xcel Energy serves a portion of the Cedar Grove Redevelopment Area and has been requested to bury or relocate their overhead facilities. • On November 6, 2002, the Minnesota Public Utilities Commission approved a new policy that allows utility companies like Xcel Energy to include a surcharge to its community based customer billings (at the request of the city) to recover the cost of burying electric distribution facilities, referred to as a "City Requested Facilities Surcharge" (CRFS). • CRFS will allow the costs of burying of the Xcel Energy facilities to be recovered through the monthly energy bills of Xcel customers within the City of Eagan instead of through the major Street fund. This method is similar to the Franchise Fee that will be considered with the Franchise renewals proposed for 2003. • An agreement between the City of Eagan and Xcel Energy has been prepared addressing the CRFS payment method for the burying of the overhead Xcel electrical lines in the Cedar Grove Redevelopment area (Cedarvale Blvd. & Cedar Grove Parkway). As set forth in the agreement, the Xcel Energy customers within the City of Eagan would have approximately $1.00 added to their monthly bill for 19 months to recover the actual construction costs (est.$107,324.00). The surcharge addition to the bills would begin 90 days after the work is completed, approximately Fall of '03 preceded by a notification letter in their electric bill. • City staff have reviewed this agreement and found it to be in order for Council consideration. ATTACHMENTS: • Exhibits, pages ~ through ~, • Xcel Energy Letter, pages ~ through ~~. • Surcharge Payment Schedule, page ~~. ay - 494 '~ t- 494 , ,, ~ X eel rti ~En No SALE = ~ ergy ~ - ~ -=~~--~, _. __ ~~ _ , , it ' LONE' OAK OAD ~ ., V p ~ ~ ~ _ T -i 1 `- --__~ 5 ~" -J YAIVREE DOODLE RD. - ~/ I ~~ J ~ ti ~ ~ Xcel ~ ~ ~ ~ r, ~~ ~ ~. ___: ~ ~ ~ . ~~ , - ---~ ~ ~ __ _ _ . - ~~ Ener _. - ~' /~ l~ J~ ~ J ~ -- ~ ~ ' ~ ~ a. _ I ~ WE5~OTT RD`.~ _ -. - --- - y DA ~ ~` -~~ ~ K~~A LECTRI :~ _ ~ ~ ~ C - ~ ~;-~1-~` ~~ -DIFFLEY ROAD ~ -~ - --y ~ ,. ~ ~ ~ '/ a ~ i t - APPLE VALLEY ROSEMOUNT Electrical Utility Service Areas City of Eagan '~~ yam` ti W ---- o-tr-- -r,---r~'v -- •a d O 2 ~ ~°~ ° Q N ° O .. a ~ o ^ o [~ a ~ q O SILVER BE N~,~(l ~~ Relocation ,~~~ \ Area SILVER BELL 0 9 ~C ~ a d ~ a~ O Relocation: Area ~. \'ti ~~ O ~~ O O ~ 0 > ~ ~~ a ~ o~ Q ~~~ o a6 1 /' - "~3 ~ Xcel Energy=~ January 15, 2003 Mr. Russ Matthys City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 3000 Maxwell Avenue Newport, Minnesota 55055-1001 Re: City Request For Information on Potential Special Facilities Project Cedarvale Boulevard & Cedar Grove Parkway (formerly Beau D'Rue Drive) Your City has requested information from Northern States Power d/b/a lcel Energy- ("Zcel Energy' regarding the overhead to underground conversion along Cedarvale Boulevard and Cedar Grove Parkway (formerly Beau D'Rue Drive). Based on our understanding of this potential project and our experience with similar projects, we believe that this may be a "special facilities" project. Section 5.3 of the rules and regulations of our Minnesota Electric Rate Book (tarif~ contains the definition of standard and "special facilities". To determine if this is a "special facilities" project we need to complete a scoping estimate. Attachment A is a "Scoping Estimate" form. A scoping estimate is a broad based estimate of the project cost; it is not a definitive project cost estimate or a cost guarantee. Please review the project information on the Scoping Estimate form. Include any additional information necessary to clearly and accurately define the proposed project and any City-imposed conditions or requirements. Please sign and return the Scoping Estimate form to us, as indicated on the form. Zcel Energy will then provide you with the completed Scoping Estimate of the project's estimated cost and a determination as to whether this is a "special facilities" project. The ~icel Energy tariff allows Zcel Energy to recover or seek recovery of any excess expenditure associated with a special facility. The available methods of cost ~~ recovery depend on several factors. For example, if the project is distribution facility undergrounding ordered by a city, the cost recovery procedures in our City Requested Facilities Surcharge (CBEs) Rider may apply (see :attachment B). This is a Minnesota Public Utilities Commission (1~1PUC) approved automatic surcharge on electric customers within your City only. If the "special facility" does not involve the undergrounding of a distribution facility pursuant to a City's police powers, or if the City and Xcel Energy do not mutually agree to use the CRFS to recover the excess expenditures for a distribution undergrounding project, use of a surcharge to recover excess expenditures requires a specific filing and approval by the l~iPUC. The City can also choose to prepay or to otherwise arrange for payment of the excess expenditures for special facilities. l~ttachment C explains how we will notify you if we attempt to recover the excess expenditures through the CRFS Rider. Please note that your City has the right to challenge: (1) Xcel Energy's determination that a surcharge is authorized; (2) the amount of the surcharge; and (3) whether the surcharge is recovered from Xcel Energy's customers only in your City. Next Steps after ~~ou revie~v and return the signed Scoping Estimate form, Xcel Energy will send you the completed scoping estimate, along with more specific information related to the potential use of the CRFS Rider for recovery of excess expenditures of an undergrounding of a distribution line or other special facilities project. Upon receiving this information, the City can assess its interests and options and decide how to proceed. If you have any further questions regarding this undergrounding project and/or the surcharge tariff process, please feel free to contact me at 651 /458-1228. Sincerely, Colette Jurek Manager - Community ~ Local Government Relations SE Metro 1-~rea ~s NSP d/b/a Xcel Energy City Requested Special Facilities Surcharge (CRSF) City of Eagan -Cedar Grove Excess Expenditures $ 107,324 Number of Recovery Period Amount Customer Class Customers Surcharge (months) Recovered Residential 3,972 $1.010 19 $76,227 Low Income (*) 57 $1.000 19 $1,083 Small C&I ND 466 $1.010 19 $8,943 Small C&I Demand 391 $3.030 19 $22,511 Large C&I 86 $4.040 19 $6,602 Street Lighting 16 $0.000 19 SO Small i~1un. Pump ND 2 $1.010 19 $38 Small iV1un. Pump Dnd 3 $3.030 19 $173 Large 1~1un. Pump Dnd - $4.040 19 ~0 Total $ 115,577 Total Carrying Charges included in total amount recovered 8,253 Allowable Class Surcharge Levels per Month Under CRSF Tariff Residential @ $1.00 up to $4.50 Low Income Residential @ $1.00 Small C&I Iv'on-Dmd @ $1.00 up to $4.50 Sm C&I-Dmd @ 3 Times Residential Amount Lg C&I-Dmd @ 4 Times Residential Amount Notes: The amount collected from Residential customers may be overestimated whenever Lo~v Income customers number is unknown. _~n adjustment in the final months of the recovery period will be made, if necessan•, to "true-up" am over/undercollected amour .~ monthly carn•ing charge of 1.0646% is applied to the outstanding balance of the excess expenditures. It is a compounded rate wluch reflects both the overall rate of return of 9.31% allowed at the latest general rate case in 1992 and a tax factor of -i?-3°.'0. « Street Lighting and Night ~~llatch accounts have been excluded from our calculations. CRFS-model-Eagan_cedarGrove_V2.xls Pricing Planning/Liassou 1/16/2003 ~9 Agenda Information Memo January 21, 2003 Eagan City Council Meeting G. PROJECT 881, TWIN VIEW MANOR (ERIK'S BOULEVARDI STREET LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 881 (Twin View Manor/ Erik's Boulevard -Street Lighting Improvements) and schedule a public hearing to be held on February 18, 2002. FACTS: • On September 26, 2002, City staff received a petition from 21 residents representing 15 properties on Erik's Boulevard (75% of adjacent total) requesting the installation of street lights on Erik's Boulevard. Erik's Boulevard is part of the Twin View Manor and Hillcrest Addition neighborhood located west of Pilot Knob Road and south of Cliff Road. • On October 15, 2002 the City Council directed staff to prepare a feasibility report considering the installation of street lights along Erik's Boulevard in the Twin View Manor and Hillcrest Addition neighborhoods. • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for February 18, 2003. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 30 Agenda Information Memo January 21, 2003 Eagan City Council Meeting H. PROJECT 883, CLEARVIEW ADDITION (BEECHER DRIVE STREET LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 883 (Clearview Addition/ Beecher Drive -Street Lighting Improvements) and schedule a public hearing to be held on February 18, 2002. FACTS: • On October 28, 2002, City staff received a petition from 16 residents representing 11 properties on Beecher Drive (69% of adjacent total) requesting the installation of street lights on Beecher Drive. Beecher Drive is part of the Clearview Addition neighborhood located east of Blackhawk Road and north of Cliff Road. • On November 7, 2002 the City Council directed staff to prepare a feasibility report considering the installation of street lights along Beecher Drive in the Clearview Addition neighborhood. • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for February 18, 2003. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ~3/ Agenda Infonmation Memo January 21, 2003 I. PROJECT 806R, KENNERICK ADDITION STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Cancel Project 806, receive revised feasibility report for Project 806R (Kennerick Addition -Storm Sewer Improvements), and schedule a public hearing to be held on February 18, 2003. FACTS: ~ On September 15, 2000, City staff received a petition signed by Brad Swenson, developer of Kennerick Addition, and Eileen Kennedy, 1415 Lone Oak Road, requesting the installation of a storm sewer outlet for Pond HDP-1 on the north side of Lone Oak Road (County Road 26), west of Pilot Knob Road (County Road 31). • On October 3, 2000, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing, and schedule of the construction of a storm sewer outlet for Pond HDP-1 and pond improvements to serve the proposed Kennerick Addition and additional adjacent properties, under Project 806. • On April 3, 2001, the feasibility report for Project 806 was presented to the City Council and a Public Hearing was scheduled for May 1 to formally present and discuss the report. The Public Hearing was continued until May 15, and then again until June 5, 2001. • At the June 5, 2001 Public Hearing, the City Council approved Project 806 directed City staff to add an alternate for directional drilling for the outlet pipe of Pond HDP-1. • Project 806 has not been able to proceed due to City's inability to negotiate the acquisition of easements without condemnation from adjacent properties necessary to construct the improvements. The contract for said improvements had to be awarded within one year of the City Council's approval of the project in order to maintain the City's ability to fund the improvements with special assessments. • A revised draft feasibility report has been completed to include the alternative for directional drilling of the proposed outlet pipe with a new schedule. This report is being presented to the City Council for their information and consideration of scheduling a public hearing on February 18, 2003 to formally present and discuss the merits of proceeding with this project. • An informational neighborhood meeting will be scheduled to review the revised feasibility report details with the property owners in the adjacent area prior to the Public Hearing. ATTACHMENTS: • Draft Feasibility Report, included under separate cover. ~~ Agenda Information Memo January 21, 2003 Eagan City Council Meeting J. APPROVE WETLAND REPLACEMENT PLAN- JP-47 ALUM STORAGE BASIN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve wetland replacement plan for Project 843, JP-47 Alum Storage Basin Improvements. FACTS: • Fish Lake is one of only seven highest priority (Class I) lakes with potential to support direct contact recreation, such as swimming. • In 1998, the City built an experimental alum-dosing facility between Hurley Lake and Fish Lake. The facility adds to a stormwater force main aluminum sulfate (alum), which reacts with phosphorus in stormwater and renders the phosphorus unavailable to algae that impair water quality. However, the aluminum sludge that forms accumulates as sediment in a wetland (City Pond JP-47) upstream of the lake. • Large quantities of aluminum sludge have accumulated in JP-47. Since 2000, the alum-dosing facility has not been operated because of this accumulation. Approximately 3,000 cubic yards of sludge must be removed before the facility can be operated again. • On August 21, 2001, the City Council authorized replacement of the excavation impact to JP-47 by withdrawal of (no more than) 1.8 acres of credits from its 3.5-acre wetlands banking account. • Subsequently, a technical evaluation of plans and specifications for Project 843, JP- 47 Alum Storage Basin Improvements, indicates that there are only 0.21 acres of excavation and fill impacts, requiring withdrawal of only 0.42 acres of wetland banking credits. • Minnesota Wetland Conservation Act rules require the City Council to make a formal decision to replace wetland impacts. ATTACHMENTS • None 33 Agenda Information Memo January 21, 2003 K. PROJECT 800R, CEDAR GROVE ACCESS MODIFICATIONS TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Project 800R (Cedar Grove Access Modifications) with the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 800R provided for the reconfiguration of the intersection of Cedar Grove Parkway at Silver Bell Road/Cedarvale Boulevard, and included the installation of a new traffic signal at that intersection, as well as the modification of the signal at the intersection of Silver Bell Road and Trunk Highway 13. • Included with these traffic signal improvements was the installation of new intersection street lights, emergency vehicle pre-emption (EVP), and associated street signing. • An agreement between the City of Eagan and the Minnesota Department of Transportation (MnDOT) has been prepared providing for the cost, maintenance, and operation of these traffic signal improvements. • As set forth in the agreement, the City's financial share of these improvements is 100% of the construction costs. These costs were accounted for as part of Contract O1-OS as part of the Cedar Grove Access Modifications approved for Project 800R. • Under the agreement, the City will be responsible for maintenance of the street lights, the necessary electrical power to the street lights, the traffic control signals and EVP systems. MnDOT will operate the signals and controller, maintain the interconnection between the signals and the EVP systems. • City staff has reviewed this agreement and found it in order for favorable Council action. 3~ Agenda Information Memo January 21, 2003 Eagan City Council Meeting L. PROJECT 793, MVTA TRANSIT STATION SANITARY SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 793 (MVTA Transit Station -Sanitary Sewer Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 793 provided for the extension of sanitary sewer, via steel casing, to serve the Minnesota Valley Transit Authority (MVTA) Park & Ride building facilities at the intersection of Pilot Knob Road and Yankee Doodle Road, as outlined and discussed in the feasibility report. • The sanitary sewer extension was petitioned by the MVTA. Under the terms of the Development Agreement for this Park & Ride facility, the MVTA agreed to accept 100% of the costs associated with this public improvement. ~S Agenda Information Memo January 21, 2003 M. 2002 STREET MAINTENANCE JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve the 8-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. FACTS: • For the past 18 years (1985), the City of Eagan has participated in a Joint Powers Agreement (JPA) with the cities of Burnsville, Apple Valley, Lakeville, Rosemount, Savage, Prior Lake and Shakopee to solicit competitive prices for pavement traffic marking, street sweeping, crack sealing and sealcoating contractual services. • The consolidation of the administrative services and subsequent economy of scale competitive bidding has resulting in significant savings to the City of Eagan and resulted in a Certificate of Commendation from the Governor in 1995. • The 2003 JPA is now being presented to the City Council for their consideration of approval. It has been reviewed by the Superintendent of Streets/Equipment and found to be in order for favorable consideration. .36 Agenda Information Memo January 21, 2003 Eagan City Council Meeting N. 2002 CONTRACT RENEWAL WITH DAKOTA COUNTY SENTENCE TO SERVICE PROGRAM ACTION TO BE CONSIDERED Approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to sign the appropriate documents. FACTS • The County will provide a work crew consisting of up to 10 non-risk criminal offenders and a supervisor for a minimum of 50 days. • The County provides supervision, transportation and insurance for all members of the crew and assumes all liability. • The City will utilize the crews to complete tasks that require unskilled labor including park, pond and bridge cleaning, landscape maintenance and outdoor rink painting. Some projects could not be completed without the assistance of the Sentence to Service crews. • The City has successfully utilized the services of the Sentence to Service program for approximately 12 years • The estimated 2003 cost of $10,465 due the County for the service is included in the approved Pazks and Recreation Departmental budget. ATTACHMENTS None ~~ Agenda Information Memo January 21, 2003 Eagan City Council Meeting O. RENEW CONTRACT WITH LIFEWORKS SERVICES INC. ACTION TO BE CONSIDERED: Approve renewal of a one-year contract with Lifeworks Services Inc. for janitorial services in designated park buildings, and authorize the Mayor and City Clerk to sign the appropriate documents. FACTS: • Lifeworks provides unskilled employment opportunities for physically and mentally challenged adults. • The City of Eagan has contracted with Lifeworks for the past 13 years to provide janitorial services in designated park buildings on a part-time basis. • Lifeworks provides an on-site supervisor, insurance and assumes liability for its staff. • The proposed hourly rate under the new contract for the equivalent of a 100% worker is $10.46 per hour. The hourly rate includes staff wages, transportation, supervision and insurance. The rate is prorated depending upon the predetermined ability of each worker. • The average annual cost of $2600 has been incorporate into the Park and recreation Departments operational budget. • The contract may be canceled by either party with appropriate notice. ATTACHMENTS: None 38 Agenda Information Memo January 21, 2003 Eagan City Council Meeting P. APPROVE WETLAND REPLACEMENT PLAN- KENNERICK ADDITION/ CITY PROJECT 806 ACTION TO BE CONSIDERED: Continue to the February 18, 2003 City Council meeting. FACTS: • A wetland replacement plan has been developed for Kennerick Addition/City Project 806. • Project 806 is being considered by the City Council at its February 18, 2003 meeting. • It is appropriate for the approval of the wetland replacement plan to be considered concurrently with Project 806. 39 Agenda Information Memo January 21,2003 Eagan City Council Meeting Q. CONTRACT 03-05, JP-47 ALUM STORAGE BASIN IMPROVEMENTS ACTION TO BE CONSIDERED: To continue the receipt of bids and contract award for Contract 03-OS (JP-47 Alum Storage Basin Improvements), until the February 4, 2003 City Council meeting. FACTS: • Fish Lake is one of only seven highest priority (Class I) lakes with potential to support direct contact recreation, such as swimming. • In 1998, the City built an experimental alum-dosing facility between Hurley Lake and Fish Lake. The facility adds to a stormwater force main aluminum sulfate (alum), which reacts with phosphorus in stormwater and renders the phosphorus unavailable to algae that impair water quality. However, the aluminum sludge that forms accumulates as sediment in a wetland (City Pond JP-47) upstream of the lake. • Large quantities of aluminum sludge have accumulated in JP-47. Approximately 3,000 cubic yards of it must be excavated before the alum-dosing facility can be operated again. • On August 21, 2001, the City Council authorized replacement of the excavation impact of JP-47 by withdrawal of 1.8 acres of wetland banking credits. • On February 5, 2002, the City Council authorized a request for bids to retr-ove and dispose of alum sludge from JP-47 and to create a sediment basin in JP-47 per plans and specifications. • On January 16, 2003 at 10:30 a.m. submitted bids were opened for Project 03-OS (JP-47 Alum Storage Basin Improvements). A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. • Staff recommends the delay in the award of the contract until the February 4, 2003 Council meeting until outstanding easement issues are addressed and further analysis of the bids received is completed by City staff. ~}D Agenda Information Memo January 21, 2QQ3 Eagan City Council Meeting R. APPROVE CHANGE ORDER #9, COMMUNITY CENTER ACTION TO BE CONSIDERED: APPROVE Change Order #9, Community Center in the amount of $23,374 FACTS: + The following items have been reviewed by the Construction Manager, Architect, and staff and are recommended for approval. PC01096 Running Track Floor Change 22- Anderson Ladd $14,086.00 PC01111 Ductwork Paint-Delete ductwork accent color in the gym 25- Protouch -3,080.00 PC01115 RFIs 197 & 197A-Enclose the space below stairs A68 11-Muniti-Ogle 915.00 PC01116 Vanity supports were revised 7 - KG 1,225.00 PC01117 Flush Mount Sprinkler Heads 35-Summit 475.00 PC01118 Relocate Sprinkler Heads- Heads were relocated due to light 35-Summit 625.00 fixture chan es PC01119 RFIs 263 & 264- Provide added ceiling above the cooler 20-Twiin City Acoustics 914.00 PC01120 RFI #272 Remove and reinstall core board framing 8 cut Muniti-Ogle 1,594.00 42 x 34 o enin PC01121 Add backing and blocking- Per field directive Muniti-Ogle 413.00 Fireproof aBeam- The beams in question involve the W15x36 at Grid 7, at the track level between Grids E and F PC01122 (30LF) and a short section of the W16x36 immediately Muniti-Ogle 733.00 south of the Grids 7 and G, also at track level PC01124 Modify opening at lower level entrance- Had to modify a door 18- Gateway, ACG 189.00 o enin that was too small PC01128 Modify window- Cut down the comer framing in the field for " " 18- Gateway, ACG 945.00 B . window located at NE end of the area PC01129 RFI 273- Remove hanger rode from the atrium. 06-Hawk and Son's 613.00 PC01130 RFI 208 -Add support angle for burnished block at grid 06-Hawk and Son's 160.00 line 7, c-4 and d-2. PC01131 RFI 216 -Fabricate and install lateral bracing at three (3) O6-Hawk and Son's 181.00 iers in room #114. PC01132 Steel installation for ASI #4 06-Hawk and Son's 613.00 PC01133 RFIs 131,190 and 230- All relate to the structural framing 18- Gateway, ACG 2,351.00 and roof enetrations at the fire lace. PC01135 Break Metal & Calk to support EIFS 18- Gateway, ACG 422.00 TOTAL these changes = $23,374.00 ~f/ Agenda Memo January 21, 2003 CONSENT AGENDA: S , ~. 2003 Commercial Fertilizer License Renewal ACTION TO BE CONSIDERED: Approve 2003 Commercial Fertilizer License Renewal for Total Lawn Care, 3099 E. 65`'' St., Inver Grove Heights. FACTS: • Staff has reviewed the application for renewal and deem it in order for approval. ~a Agenda Information Memo January 21, 2003 Eagan City Council Meeting T. APPROVE SUMMARY OF CEDAR GROVE (ZONING) DISTRICT ORDINANCE AMENDMENT FOR PUBLICATION ACTION TO BE CONSIDERED: Approve the summary of the Cedar Grove District amendment to Chapter 11 of the Eagan City Code entitled "Land Use Regulations (Zoning)" for publication. FACTS: The City Council directed staff to create language for a new Zoning District for the Cedar Grove Redevelopment Area in August 2002. The APC held a Public Hearing on the Cedar Grove District (CDG) Ordinance Amendment and recommended approval on December 18, 2002. The Zoning Ordinance Amendment to Chapter 11 was approved at the Special City Council meeting held December 23, 2002 and the City Attorney was directed to prepare an amendment summary suitable for publication. Said summary is attached. ATTACHMENTS: (1) The official summary of the CGD is attached on page ~. ~`3 The following is the official summary of the following ordinance as approved by the City Council of Eagan on December 23, 2002: ORDINANCE N0.356 SECOND SERIES An ordinance of the City of Eagan, Minnesota, amending City Code Chapter 11, Section 1 1.60 adding a new Zoning District (Cedar Grove District). The ordinance addresses the following items: Subd. 23. CGD Cedar Grove District A. Intent. B. Permitted Uses. C. Accessory Uses. D. Conditional Uses. E. Lot Area, Lot Width and Yard Requirements. F. Building Types. G. Density. H. Streets. 1. Parking. J. Building and Architectural Provisions. K. Non-Conforming Buildings & Uses. L. Administration. Copies of the entire text of this ordinance are available for inspection by any person during normal business hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. ~~ Agenda Information Memo January 21, 2003 CONSENT AGENDA: U. APPROVE the recommendation of the Operations Committee to direct staff to obtain two artists rendering (internal and external) of the Community Center at a cost not to exceed $3,600. ACTION TO BE CONSIDERED: To approve the recommendation of the Operations Committee to direct staff to obtain two artists rendering (internal and external) of the Community Center at a cost not to exceed 3,600. FACTS: • At the January 8 Operations Committee meeting, a discussion took place regarding the marketing efforts needed to promote the Community Center. • It was the recommendation of the committee that an artist's renderings would be beneficial both before and after the Community Center opens. vs Agenda Information Memo January 21, 2003 CONSENT AGENDA: • V. APPROVE the recommendation of the Operations Committee to set the hours of operation at the Community Center to be: Monday-Friday 5:45 a.m: 9:45 p.m., Saturday 5:00 a.m.-6:00 p.m., and Sunday Noon-6 p.m. ACTION TO BE CONSIDERED: • To approve the following hours of operations for the Community Center, as recommended by the Operations Committee: Monday-Friday 5:45 a.m.-9:45 p.m. Saturday 8:00 a.m.-6:00 p.m. Sunday Noon-6 p.m. FACTS: The Operations Committee and staff discussed the hours of operation that would best meet the needs of Community Center patrons. Industry norms were also taken into consideration in determining the hours of operation. 46 Agenda Information Memo January 21, 2003 CONSENT AGENDA: • W. APPROVE the recommendation of the Operations Committee to charge $117.50 for a birthday party (up to 10 people) at the Community Center, with a provision that if a party wishes to add a person to a party, an additional $3 per person will be charged. ACTION TO BE CONSIDERED: To approve the recommendation of the Operations Committee to charge $117.50 for a birthday party (up to 10 people) at the Community Center, with a provision that if a party wishes to add a person to a party, an additional $3 per person will be charged. FACTS: • In being consistent with Cascade Bay, it was the recommendation of the Operations Committee at their January 8 committee meeting to charge $117.50 for a birthday party (up to 10 people). • The fee includes: daily admission to the indoor playground, use of the meeting room for 1 '/z hours, two pitchers of pop, cake and ice cream, a T- shirt for the birthday child, invitations, paper products, utensils, and balloons. • The committee also recommends that an additional $3 per person be charged for any party exceeding 10 people. ~~ Agenda Information Memo January 21, 2003 Eagan City Council V. PUBLIC HEARINGS A. VARIANCE - DUANE OLSON ACTION TO BE CONSIDERED: To approve athree-foot Variance from the required maximum of 42 inches to construct a 6.5- foot fence in a front yard on property located at 1250 Cliff Road in the NE'/4 of Section 34. FACTS: • In the summer of 2001 Dakota County reconstructed Cliff Road in this location, widening the roadway, eliminating the drainage ditch and installing storm sewer and a trail. • In the process of the Cliff Road upgrade, existing vegetation was removed along the Olson's property, and lower branches of their evergreen trees were trimmed to provide safe clearance above the new trail. • The applicant states that the fence is needed to reduce noise and visual intrusion from traffic on Cliff Road, and block headlight glare from vehicles at the Oak Chase Road intersection with Cliff Road. • The City Code limits the height of fences in residential districts to a maximum of 42 inches in front yards and six feet in side and rear yards. Fence height is measured from grade to the highest point of the fence. • The fence is proposed as a boundary line fence along the northern edge of the property adjacent to Cliff Road, and along the sides of the property between the house and Cliff Road. • This lot is uniquely situated in that it is the only lot in this area with a front yard on Cliff Road. • The solid part of the fence is proposed to be six feet in height, however, decorative finials on the fence posts add several inches to the fence height since height is measured to the highest point of the fence. Therefore the Variance request is for 6.5 feet in order to accommodate the height added by the decorative finials. ATTACHMENTS (1): Variance Report, pages ~ through~J. ~g PLANNING REPORT CITY OF EAGAN REPORT DATE: January 13, 2002 APPLICANT: Duane Olson PROPERTY OWNER: Duane Olson REQUEST: Variance CASE: 34-VA-36-12-02 HEARING DATE: January 21, 2003 APPLICATION DATE: December 12, 2002 PREPARED BY: Pamela Dudziak LOCATION: 1250 Cliff Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family Residential SUMMARY OF REQUEST Duane Olson is requesting a 2.5-foot Variance from the required maximum of 42 inches to construct a 6.5-foot fence in a front yard on property located at 1250 Cliff Road in the NE'/4 of Section 34. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 49 Planning Report -Duane Olson January 21, 2003 Page 2 CODE REQUIREMENTS The City Code limits the height of fences in residential districts to a maximum of six feet in side and rear yards, and 42 inches in front yards. The front yard includes that area between the front lot line and the front building line. Fence height is measured from grade to the highest point of the fence. BACKGROUND/HISTORY The house on this property was constructed in 1952. In the summer of 2001, Dakota County reconstructed Cliff Road in this location, widening the roadway, eliminating the drainage ditch and installing storm sewer and a trail. EXISTING CONDITIONS The property is located south of Cliff Road. There is an existing house and two detached accessory buildings (a garage and shop). The existing house is set back approximately 120 feet from the Cliff Road right-of--way. There is an existing row of mature evergreen trees on the northern edge of the property along Cliff Road. EVALUATION OF REQUEST The proposed fence is a solid cedar privacy fence, with a scalloped design and decorative post top finials. The fence is proposed as a boundary line fence along the northern edge of the property adjacent to Cliff Road, and along the sides of the property between the house and Cliff Road. In the process of the Cliff Road upgrade, existing vegetation was removed along the Olson's property, and lower branches of their evergreen trees were trimmed to provide safe cleara~ice above the new trail. The City Code allows fences up to six feet in height in side and rear yards in residential zoning districts. The solid part of the fence is proposed to be six feet in height, however, the decorative finials add several inches to the fence height since height is measured to the highest point of the fence. Therefore the Variance request is for more than six feet in order to accommodate the height added by the decorative finials. This parcel contains the original house that was located on 40 acres which was subdivided and developed around this lot in the 1980x. As a result, this property is uniquely situated in that it is the only lot fronting on Cliff Road in this area. The other parcels have either side or rear yards along Cliff Road, and therefore, adjoining lots would not require a Variance to construct asix- foot fence along Cliff Road. So Planning Report -Duane Olson January 21, 20Q3 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicant states that the fence is needed to reduce noise and visual intrusion from traffic on Cliff Road. Also, with the removal of plants and trimming of the evergreen trees that occurred as part of the Cliff Road project, vehicle headlights from the Oak Chase Road intersection with Cliff Road now shine into the property and into the north-facing windows of the house. The proposed fence will help to block this headlight glare. SUMMARY/CONCLUSION The applicant is proposing to construct a 6.5-foot privacy fence in a front yard at 1250 Cliff Road. The fence panels are proposed to be six feet in height with decorative post-top finials. A Variance is necessary to construct a fence exceeding 42 inches in height between the house and the public right-of--way. This lot is uniquely situated in that it is the only lot in this area oriented with its front yard on Cliff Road. The Cliff Road upgrade in 2001 resulted in the widening of Cliff Road, the installation of a trail adjacent to this property, and the removal of vegetation and trimming of trees that had previously served as a buffer between the property and the roadway. The fence is requested to help block noise and headlight glare the owner now experiences as a result of the Cliff Road upgrade. ACTION TO BE CONSIDERED To approve athree-foot Variance from the required maximum fence height of 42 inches to construct a 6.5-foot high fence in a front yard on property located at 1250 Cliff Road in the NE'/4 of Section 34. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The fence shall be constructed of cedar in a design consistent with that proposed by the applicant. 3. The fence shall be maintained in a condition of reasonable repair and shall not be allowed to become a public or private nuisance. 4. The finished side of the fence shall face away from the fence owner's lot. 5. The fence panels shall not exceed six feet in height. ~~ Location Map Eagan Boundary Etreat Cen:..fin. Parcel Aroa ~~ Building Footprint F 1000 0 1000 2000 Fcel Development/Developer: Duane Olson Application: Variance Case No.: 26-VA-35-12-02 sa Map Pnpand utinp ERS View 7.7. Parcel lase map day provided N by Dakoy County Lind Survey Departrnenf and fs eumnt as of Sepymber 2004, City of Eagan TFIIS MAP IS INTENDED FOR REFERENCE USE ONLY H'~ E Mt r N n F S O r` a The Clty of Eagan and Dakota County do not guaratksa the accuracy of this I~ormatlon and aro CemrrMrdty Davelopmerrt Departnant _ not nsponsibb for errors O- omission: S 1 i f h 1 I I Z ~ - L ~ . ~ ~}e: ~ X W -, t~~ :y .~ is W _ '-mss': ;:< - 3 U r .~, 2 ~; X~. t . _ ~. h . ' ~ ~ # ~ ' 5 1 z i ~ . i I ~ ~ ~ ~~ - MK ~~. . ~~ ~ ._. ~, _ try .._, ~ E {- -' - ~ k ~ ~ 1 _ ~ l J ~ J ~ / ^ R' q - ~ X W 3t ~ " X ~W ~ ` - ~ LL , 11 Y :9 . ~r ;j ~ F ~ K ~ _ x xk ~ - x K _# r S ~~ SITE PLAN ~S 3~N~~ a~sodoad .,t .. ~_. ~~'N ,~. a.•. ..~ S~ PHOTOS ~i ,. -;., ,. ', • t:, n Agenda Information Memo January 21, 2003 2003 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS Each calendar year, Organizational Business is considered at the second regulaz City Council meeting in January. The items that require action of the City Council include: A) Advisory Commission Appointments B) Acting Mayor C) Official Legal Newspaper D) City Council Meeting Dates E) Council Meeting Procedures F) Council Standing Committee /Representative Appointments G) Other Appointments ADVISORY COMMISSION APPOINTMENTS The following aze the advisory commissions that make recommendations to the City Council: Advisory Parks and Recreation Commission (APrC) Advisory Planning Commission (APC) Airport Relations Commission (ARC) Burnsville Eagan Telecommunications Commission (BETC) Economic Development Commission (EDC) Gun Club Lake Water Management Organization In the past, the attendance records of each commission has been reviewed with appointed members with three or more consecutive absences noted. In 2002 there was one member (Burnsville Eagan Telecommunications Commission), Kurt Hicok who missed three consecutive meetings. Mr. Hicok was an alternate on the Commission and did not reapply for appointment. Notices were placed in the local newspapers, the City newsletter, and on the City website in December indicating that vacancies existed on advisory commissions. Applications were received from 31 individuals seeking appointment or reappointment. All individuals, including those currently serving on a commission, were invited to interview with the City Council on January 14, 2003. The Council interviewed 27 individuals. The City Administrator will distribute the master ballots for all commission appointments. A majority vote of the City Council is necessary for appointment. Each Councilmember will initial their ballot and the vote by Councilmembers is public information. After the master ballots are tabulated, the City Administrator will announce members who have been appointed and how many vacancies remain, at which time additional rounds of balloting will take placed until all vacancies, term balances and S6 alternate positions aze filled by majority vote by the City Council. At the recommendation of the City Council, 3-year terms will be filled first and followed by alternate and other abbreviated terms. Attached as page, is the master grid for all Commissions. Attached as pages S+ through ~ is information regarding each commission. Due to this being the first year the Council will make appointments to the Gun Club Lake WMO, more detailed. information is being provided on this commission. Also attached on pages _~ through ~_ are the individual Commission membership/vacancy lists. S~ MASTER APPLICANT LIST APC APRC ARC BETC EDC I Gun Club WM~J Ron Miller ~ Ted Gledhill ~ Kenneth West ~ 2 Mi uel Montesions ~ 2 3 - a Elaine E re ~ Steven Grooms ~ - s ° ~~ 2 Clint Hoo aw ~ 2 Paul Leeder ~ 2 Carla He I ~ 2 3 Alice Kreitz ~ Ga Hansen ~ 2 4 3 Nathan Krahn ~ 2 a Michael Dean ~ s 2 Terry Davis 2 ~ Phil Belfiori 2 ~ Doroth Peterson ~ Kenneth Koch s 2 ~ Reza Hasan s 2 ~ Gre Wilken 2 s ~ Patricia Todd 2 ;_ 2 ~ Wa ne Gilbert ~ Steven Chavez ~ Ja antha Atukorala ~ ~ ~ Maggie .lensen 2 ~ Bill Raker ~ Jose h Conlon ~ Jer Walerak ~ Wa ne Sames ~ Gerald En elke ~ Steve G'erde _ ~ Ste hen Nieren arten 1 Numbers indicate order of applica nt's choice Bold type indicates incumbents 3 ear terms 3 3 3 2 4 3 2 ear terms 1 1 ear terms 1 1 ear altemate terms 1 1 1 1 1 3 ear alternate term 1 'Total Positions 5 4 4 3 6 4 ss ADVISORY PLANNING COMMISSION The Advisory Planning Commission (APC) is made up of Eagan residents, appointed by the City Council. This volunteer Commission serves as an advisory board to the City Council on development matters usually involving land use and zoning regulations. The Community Development Department serves as the primary support staff to the Advisory Planning Commission. City Staff assists in the development of the agenda, preparation of packet material, and performs fundamental research and review of development applications. The APC meets at 6:30 p.m. on the fourth Tuesday of each month in the Council Chambers of the Municipal Center Bldg. at 3830 Pilot Knob Rd. APC workshops are held at 5:30 on the second Thursday of each month. Date and times are subject to change. ADVISORY PARKS COMMISSION The Eagan Advisory Parks Commission is an eleven member citizen's commission appointed by the City Council. The commission reviews all residential development proposals for park dedication requirements, reviews recreational programs and activities and determines long-range planning objectives for park acquisition and development. The Commission meets monthly the Monday prior to the second City Council meeting at 7:00 p.m. in the Council Chambers. BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION The Cable Communications Commission meets every other month on the 4th Wednesday at 7p.m. to oversee the administration of the joint Burnsville/Eagan cable television system. AIRPORT RELATIONS COMMISSION The Airport Relations Commission regularly meets the second Tuesday of each month to review airport issues within the City of Eagan and to recommend airport-related policy to the City Council. Residents from airport noise affected neighborhoods and representatives from the business community are especially encouraged to apply to this committee. ECONOMIC DEVELOPMENT COMMISSION The Economic Development Commission (EDC) advises the City Council on policy issues concerning the desire of the community as it relates to existing and future business needs within the City. The EDC meetings the third Monday of each month at 4:00 p.m. s9 GIIN CLIIB LAKE AATERSHED MANAGEMENT ORGANIZATION EAGAN CITIZEN REPRESENTATIVE JOB DESCRIPTION AND QIIALIFICATION3 Background The Gun Club Lake Watershed Management Organization (GCLWMO) is charged with coordinating water management activities across political boundaries in the Gun Club Lake watershed. The GCLWMO is 34 square miles in area, 90~ of which lies within the City of Eagan. The remainder of the watershed is split about evenly between Inver Grove Heights and Mendota Heights. The primary emphasis of WMO activities over the past several years has been the generation of technical information related to stormwater quality and quantity management, promoting water resources education, and helping plan and implement a strategy to protect groundwater in Dakota County. An important project that the GCLWMO will address during the next 12-18 months will be the revision of its watershed management plan. A mission statement that describes the WMO's role in water management is attached. The governing board for the GCLWMO is composed of five members, including one each from the cities of Inver Grove Heights and Mendota Heights, and three from the City of Eagan. The Eagan citizen representative occupies one of the three Eagan posts and is a volunteer position. Eagan's other two positions on the Board are currently filled by the City's Water Resources Coordinator and its Superintendent of Parks. The Board meets 4-6 times per year, usually on the third Tuesday morning of the month, for up to 3 hours. oualif ications Applicants for the Eagan Citizen Representative position on the Board should have the following qualifications: 1. Be a resident of the City of Eagan. 2. Have a willingness and interest to commit both time and effort in preparing for and participating in the meetings. 3. Have an interest in water resources management at the local and regional level. 4. Have an interest in working cooperatively with representatives from other cities to further sound water management practices. 6~ 5. Have an interest in and knowledge of the community of Eagan. 6. A knowledge of some aspects of natural resources management, especially water resources management, is helpful but not required. responsibilities The responsibilities of the position are as follows: 1. Attend and participate in regular meetings and special meetings. 2. Attend and participate in appointed special committees which may be required to conduct the affairs of the WMO. 3. Make recommendations regarding budgetary matters and projects that should be pursued by the WMO. 4. Identify opportunities to promote better public understanding and acceptance of behavior by watershed residents that protect water resources. Compensation While this is a volunteer position, there are several ways the Citizen Representative will benefit: 1. Gain more insight into water-related environmental issues at the local level. 2. Be a part of an organization that is a recognized leader in the arena of water resources management in the Twin Cities Metropolitan area. 3. Depending on budget status, the WMO generally pays for each of its members to attend one local water management conference every 1-2 years. 6i NIISSION STATEMENT GUN CLUB LAKE WATERSHED MANAGEMENT ORGA-1VIZATION It is the mission of the Gun Club Lake Watershed Management Organization (WMO) to enhance the ability of member communities to: - Control the quantity and quality of stormwater runoff in a cost-e, ffective, environmentally sourui, socially acceptable manner - Assist in the development and implementation of ground water protection strategies that have a regional or local benefit - Protect and improve the quality of water resources to enhance their recreational, aesthetic environmental and social values The WMO will pursue fulfillment of this mission by: - Providing a forum to equitably resolve water-related issues whose impacts extend across boundaries of member communities - Acting to affect water-related public policy issues in which all member communities have an interest. - Informing and educating member community representatives regarding water resource topics that affect their community. - Promoting encouraging and supporting politically, technically and/or firurrccially, within budget limitations, special projects pursued by member communities which are consistent with the objectives of the Gun Club Lake Watershed Management Plan. - Generating information what will enhance the ability of member communities to manage and protect water resources within their own jurisdiction. 76:gwurua.mis ~~ ADVISORY PLANNING COMMISSION Current Membershia: Ryan Kaess Mark Nosbush Duey Bendt Jerry Segal Greg Steininger Gary Huusko Ted Gladhill (alternate) Julie Stackhouse (resigned) Attendance: Attached Terms Expiring 9 year term limit: 3 year terms: Jerry Segal Ryan Kaess Mark Nosbush 1 year term (alternate) Ted Gladhill Analicants: 1st Choice 2nd Choice Ron Miller Terry Davis Ted Gladhill Phil Belfiori Kenneth West Greg Wilkin Miguel Montesions Patricia Todd Elaine Eyre Steven Grooms Clint Hooppaw Paul Leeder Carla Heyl Alice Kreitz Gary Hansen Nathan Krahn Michael Dean 3~d Choice Kenneth Koch ACTION FOR JANUARY 21 MEETING: To approve three 3-year terms, one 1-year and one 1-year term (alternate) to the Advisory Planning Commission. 63 PARKS AND RECREATION COMMISSION Current Membershia: Terry Davis Dorothy Peterson John Rudolph Mark Filipe Margo Danner Melvin Williams Joseph Bari Richard Pletcher Elizabeth Perry Phil Belfiori Attendance: Attached Terms Expiring: 9 year term limit 3 year terms: John Rudolph Terry Davis Dorothy Peterson 1 year term (alternate) Phil Belfiori Applicants: First Choice Second Choice Third Choice Terry Davis Miguel Montesinos Raza Hasan Phil Belfiori Carla Heyl Greg Wilken Dorothy Peterson Gary Hansen Michael Dean Kenneth West ACTION FOR JANUARY 21 MEETING: Fourth Choice Jayontha Atukonala Approve three 3-year terms and one 1-yeaz term (alternate) to the Advisory Pazks and Recreation Commission. 6~ AIRPORT RELATIONS COMMISSION Current Membership: Eric Drenckhaln Erik Peble Joe Kinard Lance Staricha Jerry Thompson Michael Weller Bruno DiNella Charles Thorkildson Mike Schlax Michael Cook (alternate) Attendance: Attached Terms Expiring 3 year term: 2 year term: 1 year term: 1 year (alternate) Note: all terms will now be 3-year terms. Erick Drenckhahn Joe Kinard Erik Peble Michael Cook Applicants• 1 S` Choice 2"d Choice 3~d Choice Stephen Nierengarten Nathan Krahn Paul Leeder Clint Hoopaw Kenneth Koch Raza Hasan Jayantha Atukorala Miguel Montesinos Steven Grooms Carla Heyl Patricia Todd Steven Chavez ACTION FOR JANUARY 21 MEETING: Appoint three 3-year terms, and one 1- year term (alternate) to the Airport Relations Commission. ds BURNSVILLE EAGAN TELECOMMUNICATIONS COMMISSION Current Membership: Maggie Jensen Bill Raker Alan Miller Bob Cooper Kurt Hicok (alternate) Attendance: Attached Terms Expiring 3 year term: Maggie Jensen Bill Raker 1 year term (alternate): Kurt Hicok Applicants: 15` Choice 2"d Choice 3~d Choice 4`h Choice Bill Raker Steven Chavez Jayantha Atukorala Gary Hansen Joseph Conlon ACTION FOR 3ANUARY 21 MEETING: Approve two 3-year terms and one 1-year (alternate) term for the Burnsville Eagan Telecommunications Committee. ' 66 ECONOMIC DEVELOPMENT COMMISSION Current Membership: Gary Morgan Karl Oestrich Tim Dunn Hugh Fitzgerald Lee Ashfeld Nadim Zoberi Brian Carey -Resigned Jean Cheskis Nathan Spears Richard Terent (alternate) Attendance: Attached Terms ExpirinE 9 year term limit: Gary Morgan Karl Oestrich 3 year term limit: Tim Dunn Hugh Fitzgerald 1 year term limit: Richard Ternet (alternate) Applicants: ls` Choice 2"d Choice 3rd Choice 4th Choice Kenneth Koch Steven Grooms Gary Hansen Miquel Montesinos Rata Hasan Michael Dean Nathan Krahn Greg Wilken Patricia Todd Wayne Gilbert Steven Chavez Jayontha Atukonala Maggie Jensen ACTION FOR JANUARY 21 MEETING: Appoint four 3-year terms, one 2-year term (mid-term replacement) and one 1-yeaz (alternate) term to the Economic Development Commission. ~~ GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION In past years, City staff has served as members of this organization. Due to recent changes in State regulations, it is now necessary to appoint citizens to serve 3 year terms (including an alternate). Applicants: 1" Choice Jerry Walerak Wayne Sames Gerald Engelke Steve Gjerde ACTION FOR JANUARY 21 MEETING: Approve three 3-year terms and one 3-year alternate term for the Gun Club Lake Water Management Organization. 6g ACTING MAYOR B. Acting Mayor -There is a statutory requirement that a member of the City Council be appointed as acting mayor. All Councilmembers are eligible for this appointment. The acting mayor presides in the absence of Mayor Geagan at Council meetings and all other activities pertaining to the City of Eagan. Historically, the Mayor has made this appointment. Councilmember Cyndee Fields was Acting Mayor in 2002. REQUESTED ACTION: The Mayor to appoint a member of the City Council as acting mayor. OFFICIAL LEGAL NEWSPAPER C. Official Legal Newspaper -There is a statutory requirement to designate a legal newspaper as the official newspaper for the City. The City can only designate a legal newspaper of general circulation in the City as its official newspaper for publication of items required by law, and other matters that the Counci] deems advisable and in the public interest to be published. The City has received proposals from This Week/Dakota County Tribune, Inc. and Sun Newspapers. The Dakota County Tribune is slightly more expensive; however, they publish the agendas as news items and there is no charge for publishing them. The Sun-Current would post the items online for no additional charge, but does charge for the publication of agendas, making total costs higher than just for publications of legal notices. An actual cost comparison is difficult because of different type sizes, characters per line and lines per inch. The cost difference is not a significant factor in total. Even though the Dakota County Tribune is the designated official legal newspaper, legal notices would also appear in Eagan This Week. Deadlines for publication and publication dates match up much better with City activity with the Dakota County Tribune/Eagan This Week. Any agenda published in the Sun Current would need to be submitted to the paper more than one week in advance of the meeting and would be incomplete and may change between publication and the meeting. Tribune This Week Sun Current Lega! Notices Deadline Tues Noon Tues Noon Thurs 2 pm Publication Thursday Saturday Wednesday A endas Deadline Tues Noon Wed 4 pm Wed 5 pm Publication Thursday Saturday Wednesday Proposals attached on pages ~ through ?~. REQUESTED ACTION: Approve retention of Dakota County Tribune as the City of Eagan's off cial legal newspaper. 69 NEWSPAPERS 1, 12190 County Road 11 Burnsville, MN 55337 952-894-1111 • FAX:952-846-2010 December 26, 2002 City of Eagan P.O. Box 21199 Eagan, MN 55121 To the Mayor and City Council members: Please accept the attached bid for legal newspaper status for the city of Eagan. We have a dedicated staff as well as the largest circulation to handle yow legals in an efficient maruier. We would like to offer you three options for placing yow legals. The first option is to place yow legals in The Dakota County Tribune. The Dakota County Tribune has been serving the residents of Dakota County for over 100 years. The second option is having the legals placed in the Eagan Thisweek Newspaper, a qualified legal newspaper, which offers the city the best vehicle for communicating with the residents of Eagan. By designating Eagan Thisweek as your legal newspaper, your legal notices will reach 12,986 homes in the city. Our most recent newspaper audit shows that aver 84% of Eagan residents read Thisweek Newspapers regularly. We are also offering a lift rate from Eagan Thisweek into the Dakota County Tribune. We are confident by offering you choices of the Dakota County Tribune, Thisweek Newspapers, or both will better serve the residents of Eagan. We can accept your legal notices by e-mail (carol.haverland(a~ecm-inc.com) or at our Burnsville office by fax at 952-846-2010. We believe that ow bid reflects ow desire to serve Eagan as yow legal newspaper. If you have any questions, please feel free to call. Thank you for yow consideration. Sincerely, ~~-D-,~~ Eric Olson Carol Haverland General Manager Legal Department Enc. ~v NEWSPAPERS Quotation Form Newspaper Dakota County Tribune City Eagan Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 45U Per line cost $0.80 Per column inch cost $8.00 Circulation 1162 Legal notice deadline Tuesdays (ct) noon Newspaper Eagan Thisweek Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 45U Per line cost $0.80 Per column inch cost $8.00 Circulation 12,986 Legal notice deadline Wednesdays L 4 p.m. Newspaper Eagan Thisweek & Dakota County Tribune Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 45U Per line cost $1.05 Per column inch cost $10.50 Circulation 13,955 Legal notice deadline DCT-Tuesdays @ noon/Eag an Thisweek-Wednesdays @ 4 p.m. Date 12/26/2002 By ~i ~~- December 13, 2002 lie~cTspapers City of Eagan City Council 3930 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: The Eagan Sun Current would like to be considered for designation as the legal newspaper for the City of Eagan for the year 2003. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broad- en the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper gave the best chance of being seen and read. Despite rising costs of operating our newspapers, there will be no rate increase during the calenda year 2003. Our legal prices will remain the same. The rate structure for legals effective January 1, 2003 will be: 1 column width: $6.09 per inch for first insertion $3.04 per inch for subsequent insertions There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm the Thursday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The a-mail address for the legal department is IegalsC~3mnsunpub.com. We still accept notices on disk, faxed or through the mail. tf you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 952-392-6801. Thank you for considering the Sun Current as the official newspaper for the City of Eagan in 2003. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey Coolman Vice President of Sales and General Manager 10917 ~'.a~.i.El ~'~n' RO.~D ®EDE\ Px.~ ®A1~~-ESOT~ 553 ®95~-8~9-0797 ®Ea.~: 952-9~1-3588 ~~ CITY COUNCIL MEETING DATES D. City Council Meetings -The City Council must designate the dates and times of regular City Council meetings, which have traditionally been the first and third Tuesday of each month at 6:30 p.m. A tentative schedule is attached on_ page designating the first and third Tuesdays as regular City Council meeting dates, with the exception of November 4`h (Election Day). For that date, alternate dates were suggested. Also included on page ~is a list of workshops to be scheduled at 5:00 p.m. the second and fourth Tuesdays of each month on an as needed basis. If the Council prefers an alternate date to the ones proposed on the schedule, this should be discussed at the meeting. A Listening Session will be held at 6:00 p.m. before each City Council meeting. REQUESTED ACTION: Approve or modify the 2003 Schedule of City Council Meetings as presented noting the alternate dates, if any. CITY COUNCIL MEETING PROCEDURES E. Council Meeting Procedures -The City Council has adopted Robert's Rules of Order to overn all business conducted at Regular City Council meetings. Enclosed on page ~ is a copy of an outline of a Regular City Council agenda that was adopted dunng Organizational Business in 2002 for use by the Mayor and City Councihnembers as to how Robert's Rules will apply to the overall agenda. Also enclosed on pages through ~ is a copy of a handout entitled Eagan City Council -Procedure and Motion Practice on Business Items that was adopted by the Council during Organizational Business 2002. This handout provides a summary of Robert's Rules of Order in greater detail on how business will be conducted for each City Council agenda item. Also included on pages ~ through ~ is a guideline of meeting procedures for use by the public when attending Regular City Council meetings. The audiences can vary from a school age child to a resident who maybe attending their first meeting to an applicant who is very sophisticated in making presentations to City Councils nationwide. Therefore, the guideline was written for a diverse audience while retaining the main purpose to provide information and awareness on how a citizen can interact with the City Council during a Regular City Council meeting. REQUESTED ACTION: To acknowledge Robert's Rules of Order as the means to conduct official business at all Regulaz City Council meetings and further approve the attached guidelines/handout for public participation in City Council meetings. '~3 2003 SCHEDULE OF REGULAR COUNCIL MEETINGS JANUARY 7 MAY 6 SEPTEMBER 2 JANUARY 21 MAY 20 SEPTEMBER 16 FEBRUARY 4 NNE 3 OCTOBER 7 FEBRUARY 18 NNE 17 OCTOBER 21 MARCH 4 JULY 1 NOVEMBER 3 MARCH 18 JULY 15 NOVEMBER 18 APRIL 1 AUGUST 5 DECEMBER 2 APRIL 15 AUGUST 19 DECEMBER 16 * November 3 rather than November 4 due to Election Day. There will be a Listening Session at 6:00 p.m. before each regular Council meeting ~~ 2003 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 14 MAY 13 MAY 27 (tentative) FEBRUARY 11 & 12 JUNE 10 Council Retreat FEBRUARY 25 (tentative) JUNE 24 (tentative) MARCH 11 MARCH 25 (tentative) APRIL 8 APRIL 22 (tentative) JULY 8 JULY 22 (tentative) AUGUST 12 AUGUST 26 (tentative) SEPTEMBER 9 SEPTEMBER 23 (tentative) OCTOBER 14 OCTOBER 28 (tentative) NOVEMBER 10 NOVEMBER 25 (tentative) DECEMBER 9 * November 10 rather than November 11, due to Veteran's Day. ~s AGENDA FORMAT 1. Call to Order 1.1. Mayor customarily tolls City bell and returns to place at Council table 2. Pledge of Allegiance 2.1. Mayor states, "Please rise and join me in the Pledge of Allegiance" 2.2. Mayor leads in the Pledge 3. Roll Call 3.1. If appropriate, Mayor states "The Secretary will please note that (Mayor/Councilmember) has provided notice by (written correspondence/telephone message) that (he/she) is unable to attend this meeting. 4. Adopt agenda* 4.1. Mayor states, "The Council will now consider adoption of the agenda." 4.1.1. If no Member or the City Administrator requests recognition for any change, Mayor prompts, "Is there a motion to adopt the agenda?" 4.2. Member requests recognition, "Mayor Geagan, (may I be recognized) for (the purpose of making) a motion?" 4.3 Mayor recognizes Member, "Member (has the floor)." 4.4 Member makes a motion, "Mayor Geagan, I make the following motion." 4.4.2.1. "To delete item (item identification letter) under (agenda category)." or 4.4.2.2. "To add item (item identification letter) under (agenda category), which should read, (text of proposed new item)". or 4.4.2.3. "To substitute for item (item identification letter) under (agenda category) the following item, which should read, "(Text of proposed item)." or 4.4.2.4. "To separate item (item identification letter) under (Consent Agenda), and move to (agenda category)." 5. Approval of Minutes* 5.1. Mayor states, "The Council will now consider approval of the minutes. Does any Member have any changes on the minutes?" 5.2 Member makes motion with changes. 5.2.1. "To approve the minutes as printed" or "as amended" 6. Visitors to be Heard (10 minutes total time limit) 7. Comments by City Council, City Administrator & Department Heads 8. Consent Agenda* 8.1. Items can be pulled for separate action 9. Public Hearings (6:45 PM)* 10. Old Business* 11. New Business* 12. Legislative/Intergovernmental Affairs Update* 13. Community Center Update 14. Administrative Agenda** 15. Visitors to Be Heard 16. Adjournment* 16. Executive Session *Regular motion practice is observed. ~6 Eagan City Council-Procedure and Motion Practice on Business Items I. Mayor introduces item A. Brief introduction of item. II. Staff Report A. Mayor gives staff the floor, "The Council will now hear from [Title and name) for the staff report. B. Staff concludes, "Mayor Geagan that concludes the staff report." C. Mayor, "The Council must now make a motion to frame the item for consideration. What is the pleasure of the Council?" III. Motion A. Member requests recognition from the Mayor. 1. "Mayor, (I request recognition) for (the purpose of making) a motion." B. Mayor recognizes Councilmember. 1. "Member [member's last name], (for a motion)." C. Member makes motion. 1. "Mayor ' ., I make the following motion." 2. "[text of motion]." (usually ended by, "as printed in the Council packet.") 3. If the motion is not included in the packet, a written sample motion should be prepared for distribution to Members, the Secretary and staff. 4. Similarly, if a business item is one that a Member has added to the agenda, the Member should provide a sample motion for the packet. D. For very controversial items, a Member may move simply to open up the item for public input. 1. In this case, the Mayor asks the Council, "If there is no objection?" 2. If a Member objects, the motion requires a second and is subject to debate. 3. If no Member objects, the Mayor may pronounce, "the motion carries, and the item will now be opened to the public for input." 4. Procedure picks up at VI.B. IV. Second A. Seconding Member need not request recognition or obtain the floor. B. "I second the motion," or just "second." Procedure goes on to VI. C. If no second is forthcoming, the Mayor asks, "Is there a second to the motion?" 1. If not, the Mayor says, "Since there is no second, the motion is not before the Council." 2. And then moves to next item or asks, "Is there any further business?" 3. Procedure begins again at III. D. If the motion is out of order, the Mayor makes the appropriate ruling, and procedure begins again at III. V. Revisions may be immediately suggested (in accordance with City policy attached) -see procedure at VIII VI. Mayor opens item to public forum A. "The motion has been made and seconded, and the item is now framed for consideration by the Council. Before the item is placed before the Council, it will be opened up to the public for input. B. "Does the applicant wish to be heard on this matter?" C. "If there are any present who wish to speak to this item, please come forward to the podium. Please state your name and address, and spell your name for the record." D. Mayor manages public input. Questions or responses from Council Members are not appropriate until the item has been brought back before the Council. E. Mayor continues to prompt for input, "Does anyone else wish to be heard on this matter?" VII. Mayor closes public forum A. If no one else wishes to be heard, Mayor states, "Seeing no one else, the public forum is now closed, and the item will be brought back to the Council. VIII. Before the Mayor States the Question, any Member may suggest a revision A. Members may offer revisions from right after motion is made until the public forum is opened and from after the forum is closed until the Mayor states the question on the motion. 1. Member asks, "Mayor Geaganfor a revision?" 2. Mayor recognizes speaker, "Member [last name], (for a revision)." 3. Member asks, "Mayor Geaganwould the Member accept the following modification to the motion?" a) Speaker states an addition, a deletion, a substitution, or combination thereof. 4. Mayor recognizes maker of motion. 5. Maker of the original motion may: a) Decline "Mayor _, I decline the modification." b) Accept "Mayor , I accept the modification." (1) If accepted, the person who suggested the modification counts as a seconder. (2) If the modifier is the one who made the original motion, the original seconder must second it. 6. The Mayor states, "The Member has [accepted/declined] the modification." IX. Mayor States the Question on the motion A. Mayor states, "The motion has been made and seconded and the motion is now before the Council. B. Once the Mayor has stated the question, further revisions are out of order. C. Mayor asks, "Is there any discussion?" X. Discussion 1. Members may speak 2 times each, with a 2-minute limit each time. 2. Members must request recognition from the Mayor before speaking, and all comments and discussion are directed through the Mayor. Even if a question is directed to staff or another Member, the question is asked through the Mayor. (Ex., "Mayor , is the Member suggesting that...?" or "Mayor ,would City Administrator Hedges please clarify what is meant by ...?") 3. Maker of motion may not speak against the motion, but the seconder may. 4. Maker of motion speaks first; seconder speaks second; other discussion is in the order recognized by the Mayor. XI. Putting the Question A. Once debate appears to have stopped, the Mayor asks, "Is the Counci] ready to vote on the question?" or "Is there any further discussion?" B. If not, the Mayor says, "Seeing none, the question is now before the Council." 1. This ends debate. At this point, one cannot "explain his or her vote," since that is the same as debate. C. "All those in favor (of the motion) say aye." D. "All those opposed (to the motion) say no." XII. Mayor announces the voting result A. "The vote is is favor and opposed, and the motion is [adopted/lost]." B. "(and staff is directed to take the appropriate action.)" C. After the vote is announced, there can be no further discussion on the item! D. A Member can change a vote up until the Mayor announces the result. After the Mayor announces the vote, a Member can change a vote only with the permission of the Council, either by unanimous consent or adoption of a motion to grant the permission, which is not debatable. E. If the motion is lost, and the business has not been dispensed with, a new motion is in order. Procedure begins anew at III. 7~ clty oP aagm EAGAN CITY COUNCIL MEETING PROC ~EDURES AND PUBLIC PARTICIPATION GUIDEUN -:S Mayor: Welcome to a meeting ojthe Eagan City Coui•,ril. In order to Pat ~Og°n ensure that this and future Council meetings can be neaningfiil to you c oun cn and other citizens, the City Council uses a set of ru; es to govern the members: conduct of its meetings. These "Rules of'Procedui ~"are for the P`~ C°~~' convenience of those attendin the meet The Ci Council follows Cynd~e Fields 8 mg• Y Mike Maguire "Robert's Rules ofOrdez" for conducting offiaal b isiness. The Meg Tilley following is a brief summary of the order ofbusine.:s for a City Council meeting which may be ofinterest to you.' Members of City Staff COUNCIL MEETING PROCEDURES Ger-eraly Aner~ding ORDEROFBUSINESS city council Meet+r,gs: The schedule for a Council meeting is shown on th ;AGENDA. An Tom Hedges, agenda is simply a list ofbusiness to be considered at a meeting and Clty Adminlstrator includes: • Roll Call & Pledge of Allegiance Mlke Dougherty. Consulting legal . Ado t ends/ rove Minutes P A8 APP Counsel • Consent Agenda • Public Hearings tom Cabers, arect« of • Old Business auaic works • New Business • AdditionalItems , Mike Ridley • j,~gjslattv~IltergovClTltllental Affa1ISUpdate Sensor Planner ~ Department Head Business • Administrative Agenda • Visitors to be Heard (10 Minute Total Time Li .ut) • Executive Session To find out about specific agenda items, refer to tl; :City web site at www. cityofeagan. eom. the Dakota County Trib:.ze/This Week, or call the Municipal Center at (651) 675-5000. Age ides are available at the entrance to the Council Chambers at the tim ~ of meetings. 79 THE ROLE OFT {E PUBLIC The City Counci; welcomes the public to all Council meeting:. workshops, and hearings and you are enco .•raged to express your opinion during d: ~ ~e meetings. To keep the agenda moving sr.,oothly, the Council has adopted basic gu: c'elines for malting presentations bef`. re the Council. The purpose oftr , guidelines is: To provide for 3n orderly meeting. To provide ec . al and adequate time for revie~ and consideration of agenda iten •. To provide al. ~ rights to all members oft)•~e public who address the presiding cs icer. To provide the :ity Council with an equal and tatia, ~al approach to all decisions. MEETING CONDUCT GUIDELINES The City Council has established the following guidelines for the conduct of City Council 1. Persons attending a Council meeting may address the Council at the time at which specific items appear on the agenda. 2. When addressing the Council, the presenter shall approach the podium and begin pre senting by stating his/her name and address. All persons who speak must address the Mayor. 4. Ai public hearings, all questions and lremarks from an audience member are limited to four (4) minutes and shall be addressed to the Mayor. Each person is limited to one turn. The Mayor may use discretion whether to allow repeat state- mentsfrom the same person. 5. Presentations concerning items will be heard Q~,yl upon approval of the Mayor. 6. To help maintain order, applause or other disturbances are discouraged. 7. Petitions should be presented to the City Admittistrator. 80 8. Audience members are encouraged to address the Council but can't make motions or otherwise participate in the meeting. NON-AGENDA ITEMS Individuals wishing to appear at regular meetings of the City Council relative to items not included on an agenda may speak or make presentations under the sections ofthe agenda entitled, VISITORS TO BE HEARD. • The Visitors to be Heard section is scheduled at the end ofthe mceting and the total time limit for all speakers is 10 minutes. No Council action on a visitor's presentation should be expected at this meeting, since the Council will want to study all proposals or requests before making a deasion. *LISTENING SESSIONS are held prior to each regular City Council meeting (gener- ally beginning at 6:00 p. m. in the Commu- nity Room ojCity Hall), also for the purpose of ad~fressing items not included on the City Council agenda. Individuals wishing to address the City Council may speak or make presentations in this less formal meeting format. THE CONSENT AGENDA ~'he Eagan City Council uses a CONSENT AGENDA procedure for routine items needing little or no deliberation. Those items are identified on the agenda and are approved with one vote unless a councilmember or citizen requests that the item be discussed or considered separazely. 8/ PUBLIC HEARINGS Certain items on the agenda are identified as PUBLIC HEARINGS. These are formal proceedings giving citizens an opportunity to express their concerns on a specific issue. Some issues on which the Council is required to hold public hearings are the annual budget, public improvement projects, and levying of special assessments. The Council endeavors to complete action on each issue the same night as the hearing. However, there may be circumstances where additional informazion or action is needed making it desirable to defer action until a later date. Depending on the situation, the hearing may be closed or continued to a future meeting date. GENERAL HEARING PROCEDURES 1. Mayor opens the hearing. 2. Staff describes the proposal. 3. Those wisllirig to comment are heard. 4. Formal action is takento close the hearing. S. Councilmembers have an opportunity to comment and ask questions on the issue. 6. Council takes action on the issue or defers decision. How THE couNCIL voTfs Three members ofthe Council constitute a quorum. A majority vote is needed to adopt motions and general resolutions., Avote of3/5 is required for most ordinances. Hearings on preliminary reports for improvements, compre- hensive plan revisions, and zoning ordinance changes require a 4/5 vote. Publication ofan ordinance in the official newspaper ofthe City is required before it actually takes effect. MEETING DATES With few exceptions, the City Council meets at 6:30 p.m. on the first and third Tuesdays of each month in the Council Chambers of the Municipal CenterBuilding at 3830 Pilot Knob Road. The Council also meets in special session as needed with notice ofthesemeet- ingsposted at the Municipal Center Building and on the web site, www, citvofea~. Occasionally meeting dates are changed to avoid conflicts with holidays or other events so you maywish to consult staffat theMunicipal Center for information on specific meeting dates. COUNCIL MEETING CABLECASTING wth few exceptions, the regular City Council meetings are televised "live" overthe City's Cable Television Access Channel Sixteen (16). These meetings are also recorded for replay, which generallyoccurs each Sunday and Wednesday at 1:00 p.m. and each Saturday at 7:30 a.m. and 7:00 p.m. Please caUthe Burnsville/Eagan Community Television staff for schedule information and replay times or watch cable channe116 for further meeting and replay info~on. Taped copies of each City Council and Advisory Planning Commission meeting are sent to the Wescott Library for public use. If you would like to purchase a copy of a televised City meeting, please contact the Burnsville/EaganComiru~nityTelevision staff at (651) 882-8213. ucx~ed i iar2oos ~~. COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS E. Council Committee Appointments -Standing committees of the City Council have been used to examine a specific subject matter at the request of the City Council. The standing committees for 2003 are as follows: (per direction of Council at a retreat held December 12, 2002. Finance Committee: Councilmember Carlson and Mayor Geagan Public Works Committee: Councilmember Fields and Councilmember Maguire Personnel Committee: Mayor Geagan and Councilmember Cazlson Historically, the Mayor has made the appointments to the standing committees. Minnesota Valley Transit Authority Board: Councilmember Tilley School District #191: Councilmember Fields School District #196: Councilmember Fields School District #197: Councilmember Fields Municipal Legislative Commission: Mayor Geagan Historically, appointments to representative positions have been made by Council consensus. REQUESTED ACTION: The Mayor to appoint members of Council standing committees; and for the Council to volunteer as representatives to the above referenced groups. OTHER APPOINTMENTS 1. Community Center/Central Park Teams - Site Design Team: Operations: Mayor Geagan and Councilmember Cazlson Facility Design Team: Partnerships: REQUESTED ACTION: To appoint members to each of the four Community Center/Central Park Teams, if appropriate. ~3 2. Advisory Conunissions Liaison Assignments: EDC -Mayor Geagan APrC - Councilmember Carlson ARC - Councilmember Fields APC - Councihnember Maguire BETC - Councilmember Tilley REQUESTED ACTION: Mayor Geagan to appoint above representatives as Advisory Commission Liaisons. 3. Holz Farm -Special appointment to the long range planning core committee. REQUESTED ACTION: Appoint representative to the Holz Farm Long Range Planning Core Committee. 4. MSP Joint Airport Zoning Board. Assistant City Administrator Verbrugge and ARC Commissioner Michael Schlax currently represent the City. The ARC supports reappointment of both. REQUESTED ACTION: Council to appoint Assistant City Administrator Verbrugge and ARC Commissioner Michael Schlax to represent the City on the MSP Joint Airport Zoning Board. 5. MSP Noise Operations Committee. This Committee was established in 2002 and is the successor organization of MASAC. Assistant City Administrator Verbrugge was appointed the representative by the City Council, with City Administrator Hedges the alternate. The ARC supports re-appointment of both. REQUESTED ACTION: Council to appoint Assistant City Administrator Verbrugge and City Administrator Hedges to represent the City on the MSP Noise Operations Committee. 8y Agenda Information Memo January 21, 2003 Eagan City Council Meeting OLD BUSINESS A. APPROVE WEB VENDOR CONTRACT ACTIONS TO BE CONSIDERED: Approve a contract with Quantum Art, Inc. for creation and installation of Content Management System and other Web improvements to the City of Eagan's Web site and an expenditure to redesign Eagan Home Page for ease of use and information delivery. FACTS: • Even though the City of Eagan's Web site has more than 1,500 pages of information, data can be hard to find, lacks consistency in the style, look, and display of information; the site does not facilitate easy citizen access, is not quickly updated and is hampered by technical bottlenecks where only one or two people with specific HTML training can create content for the site. • It has therefore been a high priority of the City Council and particularly the Communications Committee to make significant improvements to the City's Web site, and Communications Director Garrison was hired, in part, to accomplish those objectives. • In October the City of Eagan issued a substantial five-page request for proposals (RFP) to substantially improve the City of Eagan's Web site, remove technical barriers to quickly posting Web content and to increase two-way communication between the City and residents, and from citizens to the City. • Following a nationwide search to identify best qualified vendors, nine different companies submitted bids ranging from approximately $25,000 to $186,500. • Five vendors were interviewed in November by anine-person cross-departmental team and a representative from LOGIS. Three systems were subsequently tested by staff for ease of use. From that two vendors were selected as finalists, references were checked and prices negotiated which resulted in the selection of Quantum Art, Inc. of California. • Quantum Art was the low bid at $23,345. Staff recommends a contingency of 15%, bringing the total to $25,700. • Quantum Art is providing only the technology to drive the new system, not the Web design, which will be provided by a local vendor not to exceed $19,000. • Budget allocations have been made to provide for the enhancements. Staff will provide a brief visual presentation the advantages of the Web improvements. ATTACHMENTS: • The Quantum Art contract and copy of the City's Web RFP are on pages through ~. gs Quantum Art Software Development and Professional Services Agreement Effective Date Name of Client' s Company ("Client") Client' s Address Phone number Fax Number Date City of Eagan, MN Client Address (651) 675-5008 (651) 675-5012 Name of Client's representative: Quantum Art, Inc. ("Quantum Art") and Client agree as follows: Scope of Services/Software. Quantum Art will perform the professional services (the "Services") for Client in support of certain specific and discrete projects (each a "Project") as described in the attached work order(s) ("Exhibit(s)"), commencing with Exhibit A. Quantum Art will use all reasonable efforts to complete any such any project programming and materials ("Software") and/or Services described in the related Exhibit in accordance with the terms and conditions of this Agreement. Each Project performed by Quantum Art for Client will be documented in a related Exhibit, which will be governed by this Agreement and will be signed by authorized representatives of both parties. Each Exhibit will set forth, at a minimum, the work to be done, the duration of each Project, and the fees for the work to be performed. 2 Performance 2.1 Method. All work will be performed in a workmanlike and professional manner by employees and contractors of Quantum Art. Quantum Art will have the right to determine the method, details, and means of pertorming the work to be Tom Garrison, Communications Director done for Client. Client will have no right to, and will not, control the manner or determine the method of accomplishing Quantum Art's services. Client may, however, require Quantum Art's personnel at all times to observe Client' s reasonable security and safety policies. Quantum Art's personnel will perform their work for Client primarily at Quantum Art's premises. Quantum Art will guarantee that any and all employees or contractors working under this Agreement shall be expressly bound by such confidentiality provisions as directed by this Agreement or any other confidentiality agreements that may be entered into between the Client and Quantum Art. Quantum Art certifies that all final Software assembly, testing, and acceptance is conducted in the United States by employees of Quantum Art. Upon final assembly and before client goes live with the new City of Eagan site utilizing Quantum Art's technology, Quantum Art will provide written certification to Client that to the best of Quantum Art's knowledge, in reviewing the source code, Quantum Art found no evidence of backdoors, illogical structures, weak interfaces or similar security compromising features in the Software. ~6 Z.Z Acceptance. For each Project described in the related Exhibit performed under this Agreement, Client will have a thirty (30) calendar day "Acceptance Period" beginning on the date that such Software and/or Service is delivered. During the Acceptance Period, Client will notify Quantum Art in writing adequately detailing any nonconformance of such Software and/or Service to the specifications as set forth in the related Exhibit. If Quantum Art receives no notice of nonconformity, the Software and/or Service will be deemed accepted by Client at the end of the Acceptance Period. In the event that Client deliver Quantum Art written notice of nonconformance of Software and/or Service, Quantum Art will cure such nonconformance in accordance with the Description of Work and deliver Software or Service to Client within 10 days of receipt of nonconforming notification. 2.3 Project Documentation. Within 10 days of delivery of Software and/or Service, Quantum Art will deliver to Client related Project documentation, if applicable. 3 Fees, Expenses, Additional Work 3.1 Fees. Client will pay Quantum Art fees set forth in the related Exhibit for Services and/or Software, starting with Exhibit A. 3.2 Expenses. In addition to the foregoing, Client will pay Quantum Art any expenses pre-approved by Client in writing, including pre-approved travel and living, as reasonably incurred by Quantum Art in furtherance of its performance hereunder. 3.3 Additional Work. The fees and charges for any follow-on, installation, troubleshooting and/or additional work not described in the applicable exhibit will be performed at Quantum Art's then- current rates for such work. A copy of any subsequent fee schedules shall be provided to the Client at the time prices change. z ~~ 4 Ownership 4.1 Ownership. As between Client and Quantum Art, except as set forth below in Section 4.2, all right, title, and interest, including copyright interests and any other intellectual property, in and to the Software produced or provided by Quantum Art under this Agreement will be the property of Quantum Art. All right, title, and interest, including copyright interests and any other intellectual property, in and to any software materials, or data produced or provided by Client will be the property of Client. 4.2 Client's License. Effective upon completion of the Services and/or Software set forth in the applicable exhibit and payment by Client of the fees and expenses invoiced by Quantum Art for such Services and/or Software, Client will have a nonexclusive, nontransferable royalty- free perpetual license to use the Software in the machine-readable form as delivered to Client for so long as Client do not violate any provisions in this Agreement or any the related Software License Agreement which accompanies Quantum Art Software. 4.2.1 Release of Source Code. In the event of (a) Entry of an order for relief regarding Quantum Art under Title 11 of the United Stated Code; (b) The making by Quantum Art of general assignment for the benefit of creditors; (c) The appointment of a general receiver or trustee in bankruptcy of Quantum Art's business or property which has not been discharged without any prejudice to Client's rights or interests under this Agreement; or (d) Action by Quantum Art under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation, Quantum Art or its successor, assign, heir or trustee, if applicable, shall, immediately upon request by Client, (i) make available or cause to be made available to Client the source code for the Software and (ii) grant, or arrange to have granted to Client a nonexclusive, Information to any employees or to any nontransferable royalty-free perpetual third parties, excepting those who have license to use and modify the source a need to know such Proprietary code for the Software for Client's Information in order to effect internal beneficial use in accordance performance of this Agreement and who with the terms of this Agreement. In the have bond themselves to respect and event of a change of control of Quantum protect the confidentiality of such Art, whether by merger acquisition or Proprietary Information. In no event will asset purchase, the resultant entity shall either party disclose any such inherit the terms and conditions of this Proprietary Information to any Agreement, specifically but not limited to competitors of the other. Quantum Art the provisions in this paragraph. acknowledges that the Client shall, in the event of a court order, be bound to disclose any information, as required 4.3 Prohibited Activities. Client will not under the law. derive or attempt to derive the source code or structure of all or any portion of 6 Warranties the Software by reverse engineering, disassembly, decompilation or any other 6.1 Quantum Art warrants that: means. Client will not duplicate, manufacture, copy or reproduce any 6.1.1 Quantum Art's providing of the Software, or any portion thereof, except Services and/or Software as expressly permitted by Quantum Art. described herein does not violate any applicable law, rule, 4.4 Third-Party Interests. Client's interest or regulation; any contracts with in and obligations with respect to any third parties; or any third-party programming, materials, or data to be rights in any U.S. patent, obtained from third-party vendors, copyright, or trade secret right; regardless of whether obtained with the and assistance of Quantum Art, will be determined in accordance with the 6.1.2 Quantum Art has sufficient right, agreements and policies of such title, and interest in and to the vendors. Software, exclusive of rights respecting programs, data, and 5 Proprietary Information materials identified as furnished to Client by third-party vendors, Both parties acknowledge that in order to grant and convey the rights to provide the Services described accorded to Client under herein, it may be necessary for each Section 4.2 hereof. party to disclose to the other party certain proprietary information (scientific or technical data, information, design, 7 Limitation of Liability process, procedure, formula, script, software or improvement that is QUANTUM ART'S LIABILITY commercially valuable to that party) that HEREUNDER IS LIMITED TO THE has been developed by the respective AMOUNTS PAID BY CLIENT DURING party at great expense and that has THE TERM OF THIS AGREEMENT required considerable effort of skilled FOR THE QUANTUM ART professionals ("Proprietary Information"). PROFESSIONAL SERVICES. IN NO All information labeled as Proprietary EVENT WILL QUANTUM ART HAVE and Confidential shall be treated ANY LIABILITY FOR ANY OTHER Proprietary Information. Client further SPECIAL, INDIRECT, OR acknowledges that the Software will of CONSEQUENTIAL DAMAGES, necessity incorporate such Proprietary INCLUDING, WITHOUT LIMITATION, Information. Both parties agree that they DAMAGES FOR LOST PROFITS, will not disclose, transfer, use, copy, or LOSS OF DATA, OR INTERRUPTION allow access to any such Proprietary OF BUSINESS ARISING IN ANY WAY 3 80 HEREUNDER UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT QUANTUM ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT IN REGARD TO THE EXPRESS WARRANTIES STATED HEREIN. 8 Termination 8.1 Termination. The Agreement may be terminated by either party upon written notice, if the other party breaches any obligation provided hereunder and the breaching party fails to cure such breach within the 30 day period; provided that the cure period for any failure by Client to pay fees and charges due hereunder will be 15 days from the date of receipt by Client of written notice of such failure. 8.2 Remaining Payments. Within 30 days of termination of this Agreement for any reason, Quantum Art will submit to Client an itemized invoice for any fees or expenses theretofore accrued under this Agreement. Client, upon payment of accrued amounts so invoiced, will thereafter have no further liability or obligation to Quantum Art whatsoever for any further fees or expenses arising hereunder. In the event Quantum Art terminates this Agreement because of the breach by Client, Quantum Art will be entitled to the full amount of payment attributable to programming and materials already completed by Quantum Art. 9 Independent Contractors The parties are and will be independent contractors to one another, and nothing herein will be deemed to cause the creation of an agency, partnership, or joint venture between the parties. Nothing herein will be interpreted or construed as creating or establishing the relationship of employer and employee between Client and either Quantum Art or any employee or agent of Quantum Art. 10 Miscellaneous This Agreement will be governed by and constructed in accordance with the substantive laws of the State of Minnesota. THE PARTIES AGREE THAT THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS AGREEMENT. This Quantum Art Software Development and Professional Services Agreement, along with Quantum Art's response to the City of Eagan RFP dated October 13, 2002 represent the entire Agreement between the parties hereto relating to the Services and supersedes any prior purchase order, communications, advertising or representations concerning the contents of the Services. No change or modification will be valid unless it is in writing and is signed by the parties hereto. Accepted by Client Name: Signed Date Accepted for Quantum Art Name: Signed Date $9 Exhibit A Project Description and Fees GENERAL REQUIREMENTS Summary In accordance with its business plans and strategies, City of Eagan ("the City") has asked Quantum Art to redevelop the exiting City site using Quantum Art's Q-Publishing 6.0 E.GOV ("Project") in accordance with the information provided by Quantum Art in the response to the City of Eagan RFP dated October 13th 2002, attached hereto and incorporated herein. The City has recognized that it needs to enhance its online identity and content management to effectively promote the City on the web and enhance communications with its key target audiences. 1. Quantum Art will provide the City with a single server/single site version of Q-Publishing 6.0 E.GOV. Q- Publishing offers an interactive database-driven content management system that separates content from presentation, offers a unique template/object approach to site development, significantly increases productivity of web staff, and can: • display information consistently on the City's site • provide an ability to manage an ADA-compliant version of the site without content duplication • offer a sophisticated workflow, granular user-level security, and graphical content management interfaces to enable multiple staff with appropriate clearance to enter and edit content, provide approvals, and administer the site and the solution • facilitate the updating of the site from remote locations through web-based interfaces and support of key industry security protocols, such as SSL and X.509 • facilitate the automatic display of news and event information in priority or chronological fashion through its sophisticated scheduling and rules-management interfaces • facilitate the archiving of all content so that it can be called up and reused, repurposed or versioned, or reactivated • integrate with existing systems on the presentation, API (Application Programming Interface), or the database level • provide a flexible platform for the City to launch future services, such as citizen request management and bill payment • provide listserv capabilities to enable to City to maintain subscriber lists and notifies interested parties of news and issues they care about • offer an ability to easily create and manage online forms for interactive communication and surveys • and make it easy for residents and businesses to find the information and services for which they are looking. In addition to the above out-of-the-box features of Q-Publishing 6.0, Quantum Art will provide the City of Eagan with multiple Q-Publishing Add-on Modules at no charge. These modules include: • Version Contro{ Module -this add-on provides an ability to graphically create backup versions of any site content and roll-back to previous version of content on demand. Users may preview previous version of content and decide whether to restore content to its previous state. • Import/Export Module -provides an ability to export site content, including any form submissions, to third-party applications, or import information from third-party applications into Q-Publishing. Q5 /~ • Statistics Module - is the analysis component of Q-Publishing that enables users to monitor site traffic, bandwidth utilization, most and least utilized pages, etc. • Calendar Module - is a collection of templates and objects that will allow the City to graphically manage a site calendar, featuring events on multiple site pages. Additionally, Quantum Art will ~rovide a robust search engine produced by ABBYY Software and fully incorporated into Q-Publishing. 2. Quantum Art will provide the following Services under this Project: • assist the City and the City's graphic design vendor in developing a new navigational structure for the site • develop Q-Publishing templates and database structures based on the provided graphic design • develop an ADA-compliant version of the templates • migrate all existing site content into Q-Publishing • integrate Q-Publishing with LOGIS and Municode.com • install and configuring the software on the City's servers • provide 8 hours of online WebeX training to Eagan personnel on the administrative, content management, and template development aspects of Q-Publishing Quantum Art will use a combination of its professional resources in the United States and foreign countries in furthering the completion of this project. Quantum Art adheres to the strictest security policies in managing its client and customer data and hereby guarantees that any and all employees or consultants working on this Project shall be expressly bound by such confidentiality provisions as directed by this Agreement or any other confidentiality agreements that may be entered into between the City and Quantum Art. PROJECT SCHEDULE Quantum Art will complete the project within 8 calendar weeks following the receipt of the design templates approved by the City. That said, if the design templates are received by Quantum Art on or before February 3, 2003, Quantum Art will deliver the site to the City by March 31, 2003. If the City determines that a change in the scope of the Project is necessary, the City shall give written notification to Quantum Art of such change. If the City requests a function, enhancement or performance which varies from those set forth in the Project summary (the "Chance Order"), Quantum Art shall, within ten (10) calendar days after receipt of such change order, provide the City with a written detailed estimate on the impact on resources, time duration and costs which would be caused by implementation of the Change Order (the "Chance Order Response"). Within five (5) business days from the City's receipt of such Change Order Response, the City shall give written notice to Quantum Art of the City's approval or disapproval of the Change Order Response. If there are discrepancies between the Change Order and the Change Order Response, the Parties shall exchange, within ten (10) calendar days of the delivery of the Change Order Response to the City, any further written explanatory information they consider necessary and appropriate to fully document the nature and scope of said Change Order or Response. To the extent and for so long as the changes set forth in the Change Order do not increase the scope of Services or can be performed in accordance with the Project summary without an increase in the resources then being utilized by Quantum Art therefor, there will be no adjustment to the fees charged by Quantum Art to the City under the applicable Project summary. Any Change Order Response agreed to Technical details and additional information about the search engine can be accessed online at: http://www.abbvv.com/developer toolkits.asg?param=1636 9i by both Parties shall amend the applicable Project summary and shall be attached hereto. Quantum Art shall not be authorized to perform any Services performed outside the original Project summary scope without prior written approval by the City. PRICING AND PAYMENT The following is the pricing schedule for the Project: em Units st Pro osal LICENSES Q-Publishin 6.0 E.GOV License 1 $9,99 $9,995 ersion Control Module 1 $2,00 Free Im orUEx ort Module 1 $1,00 Free Statistics 1 55o Free 68YY Search (sin le domain name 1 550 $500 CatendarModule 1 $1,00 Free Broken Link Re ortin Tools 1 N! N!A Q-Publishin re orts on a in content and authors 1 $1,00 $1,000 Totat Licensin Costs x11,495 PROJECT SERVICES Pro rammin and ro'ect mana ement services 25 da $12,50 $7,250 DAtem late develo ment 2 da s $1,00 Free rainin ServicesWebex 8hour $1,20 $1,200 Data Ent Services 25 da s $3,00 $2,400 Installation Services remote 1 da $1,00 Free Total Pro'ect Services 510,850 RECURRING COSTS nnual Maintenance and Su ort Bronze Level see Addendum A * First ea $2,00 Free otai Recurrin Costs earl $2,000 TOTAL PROJECT COST 522,345 * Quantum Art's Maintenance and Support services will commence upon the City's Acceptance of the Project. The City will provide payment to Quantum Art in accordance to the following schedule: 1. Payment for Software and 30% of Service fees within five (5) calendar days upon the execution of this Agreement in the amount of $14,750.00 (USD). 2. Payment for 30% of Service fees in the amount of $3,255.00 (USD) on March 1, 2003. 3. Payment for 40% of Service fees in the amount of $4,340.00 (USD) within five (5) calendar days following Project acceptance. A pro-rated five percent (5%) per month interest fee will be charged on all late outstanding payments. Press Release The City agrees that any press release it issues referencing the Project will be issued as a joint press release between Quantum Art and Licensee, provided that the City and Quantum Art, working together in good faith can create a mutually agreeable release. Quantum Art shall obtain a permission from the City before issuing a press release on the Project. Upon completion of the Project, Quantum Art may include 7 9~- the City into its client list and reference the City as a client without obtaining explicit permission from the City. 9.3 Addendum A Q-Publishing Support Offerings Annual Support Plans C]UAFVTi.-.1MART RC3 . ~ SILVER ' GOLD RESPONSIVE SERVICES Tele hone & Web-Based Su ort ^ ^ ^ M-F 8 Hour Su ort Covera e ^ ^ Max. 8 Hour Res onse Time ^ ^ 10 Tele hone or Web-based Incidents ^ Unlimited Tele hone and Web Incidents ^ ^ 2 Named Points of Contact ^ M-F 12 Hour Su ort Covera e ^ Max. 4 Hour Res onse Time ^ Product Su ort En Direct Access ^ Bu fix atches code errors ^ ^ ^ SUPPORT ADD-ONS Additional Named Point of Contacts Avail. Avail. Annual 24x7 Server Down Covera a Avail. Avail. Extended Hours Covera a Avail. Avail. Scheduled Onsite Assistance Avail. Avail. Performance Anal sis & Tunin Avail. Avail. Architecture or Code Review Avail. Avail. U rade/U date Discounts Avail. Avail. Avail. Customized Worksho s Avail. Avail. Annual Support Pricing INCIDENT -_ SILVER GOLO SERVER NAME er server Q-Publishing 6.0 Q-Pub. Enterprise -Pub. E.GOV $250 $250 $250 $2,500 $3,500 $2,000 $5,500 $7,500 $6 000 $12,500 ~ $14,500 $13 000 Additional Contact NA NA 2 995 1 995 SERVICES ADD-ONS Annual 24x7 Server Down Su NA NA $15,000 $15,000 Extended Hours NA NA 150/hr 150/hr Scheduled Onsite NA NA 1 800/d 1 300/d Perform. Anal sis NA NA 1 800/d 1 300/d Architecture & Code Review NA NA $1,800/d $1,300/d U rade Discounts NA 50% 60% 70% Custom. Worksho NA NA $1,800/d $1,300/d 95~ - :~ .s-~- Request for Proposal ' City of Eagan TO: Prospective Content Management System Web Vendors FROM: Tom Garrison City of Eagan Communications Director Eagan, MN DATE: October 13, 2002 SUBJECT: REQUEST FOR PROPOSALS Overview The City of Eagan, Minnesota is soliciting proposals to transform its current Web site at ~~~r~.cityofea ag_n.com to adatabase-driven site administered by a content management system (CMS). The primary goals for this conversion are: 1. To display information consistently on the City's site and make it easy for residents and businesses to find the information and services for which they are looking; 2. To deliver not just information, but interactive service to our citizens; 3. To allow multiple staff, with appropriate clearance, to generate and add Web content (text, photos, links, etc.) using simple, preferably Word-based, tools, thereby reducing our dependence on those with specific knowledge of HTML-coding; System should enable staff to update content from remote locations without compromising security; 4. To be able to display news and event information in priority or chronological fashion, and establish dates by which this information will automatically cycle-off the active site so it does not have to be manually removed; 5. To utilize analysis software to determine traffic patterns, broken links, dated material, etc.; 6. To graphically redesign the City's Web site with a consistent use of design elements to create an effective city of Eagan branded environment; 7. To be fully compliant with the American Disabilities Act is mandatory. If possible, being fully compliant W3C (World Wide Web Consortium) standards is desirable; 8. To have the site work well with other existing applications, for example, parks & rec. registrations (LOGIS); 9. To serve as an excellent and flexible platform (using open and common standards) from which to add future e-government and e-commerce applications from the selected vendors andlor other vendors. Process All proposals will be reviewed by a selection committee comprised of members of the Communications and IT departments, other city departments and advisors. See "Key Dates" section for the RFP schedule. Vendors are permitted to submit questions (via a-mail) regarding the RFP until 12 Noon (Central Time) on October 25. All questions submitted by vendors and 9s City of Eagan Web RFP October 13, 2002 all answers from the City will be distributed via a-mail to all vendors who have expressed interest in submitting a proposal for consideration. Presentations to the selection committee are tentatively scheduled for November 6-8, 2002. A total of 45 minutes will be allotted to each vendor for presentation and answering committee questions. Note: While remote presentations are not precluded (via phone and Web), an in-person presentation is strongly preferred. Please provide 9 copies of your proposal by the submittal deadline. No bid award is final until approved by the Eagan City Council. Notice and Disclaimer The City of Eagan is not bound to select the lowest bidder. The City reserves the right to make no award. The vendor will be chosen according to selection criteria outlined below. Current Technology The current Web server is an Inte12.4 GHZ with 36gb of disk space. It is running Windows 2000 and IISS with security packs located on a DMZ zone. We do currently run some e-connect and e-permits via this server. Current software that is loaded is perl, cold fusion, and Front Page 2002. Vendors are asked to supply information about what operating systems their product runs on and to make suggestions for optimal performance. Size and Scope Some prospective vendors have asked questions about the approximate number of staff web authors/content contributors and site administrators/super users Eagan expects. Vendors are urged to examine the City's existing Web site at www.ci ofeagan.com for the number of departments and programs currently seeking to post content. The City of Eagan has more than 200 employees. Theoretically any Eagan employee with appropriate clearance (in the City's approximately 20 departments and programs) should be able to author content. In practice, we know this will likely be one or two employees in some departments, more in Parks and Recreation, Police, and Administration. As far as site administrators or super users, vendors should anticipate no more than three or four (Web editor, communications director, head of IT, and perhaps one other.) Project Description • Build an interactive database-driven content management system (CMS) that displays information consistently on the City's site, brands the site as the City of Eagan's, and make it easy for residents and businesses to find the information and services for which they are looking. (This would include a robust search function.); • Migrate all existing content to the new site. Note: It's the vendor's responsibility to ensure all existing content on Eagan site is moved over to the new system. Following training, it is the City's responsibility to maintain and update the site thereafter.); • Redesign the look of the Eagan site to be attractive and inviting; • The site must be ADA-compliant as required bylaw, and the CMS should facilitate ADA-compliance with any newly-generated content. Be W3C compliant if possible; • Install or build analysis software that will enable the City to monitor Web traffic, broken Links, least utilized pages, etc.; pz 76 City of Eagan Web RFP October 13, 2002 • By authoring, role-management, and workflow tools, allow multiple staff, with appropriate clearance, to generate Web content (text, photos, links, etc.) using simple, preferably Word-based, tools but with publishing or approval from a central gatekeeper (the Web editor) with certain exceptions; • Facilitate the updating of the site from remote locations without compromising security (For example, Parks & Rec. employees must be able to insert softball league results from the field on Saturday; and overnight or weekend police or fire personnel need to be able to post public safety information immediately.); • Facilitate the automatic display of news and event information in priority or chronological fashion, with automatic "go live" or expiration dates/times. (For instance, the City desires adatabase-driven site that that might display the five most recent additions to latest news or events the site, but with the ability for the Web master to establish the highest priority for an item in non-chronological order if an item is the most important.); • Facilitate the archiving of all content so that it can be called up and reused, repurposed or versioned, or reactivated. (Example: For Lone Oak Days or the 4th of July one year from now, we will want to pull up what we had last year, make changes, and re-post to the active site.) Note: With respect to latest news or meeting minutes, for example, users should be able to search for specific meeting dates or topics. With respect to the administrative side of the site, the archive should contain all prior content of the site whether active or inactive on the live site so that content generators can pull up what they did last year, or in a similar story and repurpose and resave for new use; • The new Eagan Web site and CMS must be able to work well with other existing applications, for example, parks & rec. registrations (LOGIS) or the Civic Arena's scheduling software, and provide a flexible platform from which to add future e- government and e-commerce applications from this or other vendors; • Create the ability for blast a-mail and subscriber lists so residents can be notified of news or issues they care about; • Whether as part of its baseline pricing or additionaVoptional modules, the City of Eagan strongly desires the ability to conduct online surveys and create interactive forms; • The City of Eagan Home Page design must provide for dynamic promotion of the site's content and timely information. Vendor Responsibilities & Checklist The eligible vendor(s) must provide: • Costs broken out specifically as follows: 1) baseline pricing for all items broken out in the project description including Web content management system, Web design, etc., 2) the cost to provide the accessibility features asked for (ADA), and 3) pricing for any optional modules or features the City may wish to add based on vendor's particular capabilities/offerings. • At least three professional references of cities or other entities for which the vendor has done work similar to that requested in this RFP. Statement of ownership, years in business, and a copy of the company's most recent financial statement. Note: Vendors may submit additional financial statements from other fiscal or calendar years if they choose, but a copy of the most recent statement is required. 9~ City of Eagan Web RFP October 13, 2002 • The names and professional experience of the team that would be assigned to work on Eagan's project and the names and roles of any sub-contractors the prime contractor proposes to use for any aspect of Eagan's project. • A list of any business or technology partners that will be used to complete the project and their specific roles. (For example, XYZ Corporation will design the home page, or DEF Corporation will supply web analysis software, etc.) • 9 copies of your project proposal. • Answers to the questions posed in the Required Vendor Responses form. ; Selection Criteria • Ease of use for: 1) the public to be able to find content of interest to them, 2) for content generators at the departmental-level to use the CMS and submit content, and 3) for the Web editor or super user(s) to edit and administer the site. • Demonstrated graphic Web design capability. • Best combination of quality, service, and cost. Note: This does not mean the selection committee will recommend the lowest bidder. While cost is a key consideration, the selection committee is charged with recommending the vendor deemed the most advantageous for the public and the city. • Past performance and experience based on references and demonstrated qualifications with cities or similar customers. • Assigned personnel -the credentials and experience of the person(s) who will be assigned to this project. • Ability to grow -the proposal which the selection committee believes will best position the City of Eagan for future growth, particularly in the e-government/e-commerce area. Is your technology scalable? Note: Vendors should know that the priority with this 2002 RFP is to redesign the site and establish a content management system consistent with the nine primary goals outline earlier. Later in 2003 an additional RFP will be issued with the primary goal of facilitating online e-government service delivery to residents and businesses whether provided by your firm or others. This will be an incremental process, so the platform must be flexible and future modules must be able to integrate well with the base system. The base system should help us meet our needs in the future, not force us down a narrow or obsolescent path. • Enhancements -Which proposal offers relatively more for its base price or costs less as an optional additional module? In other words, what proposal provides the greatest return or our investment? Note: These enhancements must be capabilities or modules with which the vendor has actual experience and has actually built. The city will not consider any "vaporware" that has not yet been successfully produced. • Financial Stability -How long has the company been in business? Note: No vendor will be considered without providing a copy of its most recent financial statement and being prepared to answer other questions the selection committee may have relative to its financial position and stability. • Integration -Ability for vendor's product(s) to work well with existing systems, and software and services provided by other vendors. (For example, event registration modules currently provided by Logis, a local consortium of cities.) The selection criteria also include the ease with which information from Eagan's current site can be transferred to the new site being developed by the vendor chosen through this RFP process. 98 City of Eagan Web RFP October 13, 2002 Selection Criteria (continued) • Support -The selection committee will want to know what level of training is required to use the vendor's product. Does the vendor provide that training to staff and/or the trainers of staff? If so, how long does the training take and what materials, help line, or tutorials are available? What is the cost of ongoing training or technical support? If cost for such support is not included in the proposal, what is the cost of purchasing it later? The committee will evaluate which vendor best supports its product(s). • Post-Implementation Strategies -Will the vendor recommend next steps upon completion of the project? Assuming your system is selected, and given the city's goals for growth of the site, what next logical steps would the vendor recommend? When could those steps be achieved? Are version upgrades available, reasonably priced, etc.? Is there any possibility for being a beta test site? How can the City of Eagan stay current with its technology? • Demonstrated ability to produce agreed-upon product within deadlines. Proposals sent to: Tom Garrison Communications Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Questions directed to: tarrison@cityofeagan.com Key Dates: Request for Proposal E-mailed Out and RFP legal notice published in Dakota County Tribune Deadline for proposals received Notification of vendors to be interviewed Interviews & Presentations Final Selection Announced Work to commence by Work to be completed by October 13, 2002 October 31, 2002 November 1-4, 2002 November 6-8, 2002 November 13, 2002 November 18, 2002 Approximately , 2003 Note: Vendor to supply date 99 Agenda Information Memo January 21, 2003 Eagan City Council Meeting B. AMENDMENT - PARKVIEW GOLF COURSE ACTION TO BE CONSIDERED: - Approve an amendment to condition #3 of the Site Plan approval for the Parkview Golf Course Driving Range. FACTS: The City Council approved the Site Plan for the Parkview Golf Course Driving Range on March 19, 2002, subject to seven conditions. One of the conditions (#3) states "The driving range shall close by 10:00 p.m. and lights shall be turned off by 10:30 p.m. An owner of Parkview approached the City Council at their Listening Session on January 7, 2003, seeking an extension to the allowed period of lighting due to vandalism to their property. Upon consultation with the City Attorney, the Council added the item to the January 7, 2003 regular meeting agenda as an Old Business item. The Council approved a temporary modification to allow the `lighting hours' to be from dusk to dawn until January 21, 2003 and directed staff to send mailed notices to t11e adjoining neighbors alerting them to the issue being heard on the 215` Staff contacted the owner and informed him the Council's January 7, 2003 action and the Council's direction that the Parkview ownership group provide a letter explaining their long-term plan for dealing with security issues. ATTACHMENTS: (3) Minutes from the March 19, 2002 City Council meeting on page ~. January 15, 2003 letter from Parkview ownership on page LQ~. Letters from neighbors on page~03 through ~. ~t nc~ ~re~ Gti~ a ~o ~/~c~ ~ ~Da~at /O s. ~~ Eagan City Council Meeting Minutes March l9, 2002 Page 3 SITE PLAN REVIEW FOR DRIVING RANGE (PARKVIEW GOLF COURSE) City Administrator Hedges introduced this item regarding a site plan for `a driving range and service center for Parkview Golf Course located at 1310 Cliff Road. Senior Planner Ridley gave a staff report. Applicants Shane Corman and Todd Geller gave a presentation to the Council regarding their plans for a driving range. Two residents that Iive on Parkridge Drive voiced their concerns over the proposed driving range. Their concerns included: the aesthetics of a large net/screen, preserving the large willow tree on the property, the need for additional trees as buffers, and lighting. The residents also stated that they were not aware of the open house held by Parkview Golf Course to discuss the proposed driving range. Craig Galow, lighting consultant, gave a presentation on the proposed lighting for the driving range. Councilmembers held a discussion regarding lighting. At the Council's request, Public Works Director Colbert provided an update on the storm sewer mitigation project underway at Parkview. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Site Plan for the construction of the Parkview Golf Course Driving Range and 860 square foot service center with surface parking located at 1310 Cliff Road in the NW '/4 of Section 34 subject to the following conditions: Aye: 4 Nay: 0 l . The parking lot expansion shall maintain a 20 foot front and side yard setback. 2. A landscaping screen three feet in height and 75 percent in opacity shall be installed along Cliff Road and the east of the new parking lot abutting the residential property. 3. The driving range shall close by 10:00 p.m. and lights shall be turned off by 10:30 p.m. 4. Outdoor speakers shall not be audible from adjacent residential properties. 5. All parking lot lights shall be limited to 20 feet in height and all fixtures shall be shields to reduce glare. 6. A photometric plan shall be submitted with the building permit application for staff review. 7. Additional trees and landscaping will be included along Cliff Road to serve as a buffer to the neighboring residential property. V/ Pazkview Golf Associates, LLC 1310 Cliff Road Eagan, MN 55123 January 15, 2003 Mr. Mike Ridley Senior Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Parlcview Golf Club Driving Range Lighting Deaz Mr. Ridley, l~~~Od~ pj JAN 1 5 2003 As you are aware for the past several months we have experienced a significant amount of vandalism at the golf course including damage to some greens, stolen flags and most recently damage to our new netting on our driving range. We aze currently in the process of investigating cost effective measures to prohibit further vandalism. This process includes but is not limited to installing motion detectors, low voltage lighting on poles and video cameras surveillance. We aze currently obtaining pricing on these different security options and weather permitting anticipate this process to be completed and installed by May 31, 2003. Please be advised that whichever option is decided upon we will do our best to minimise any disruptions to our neighbors. Sincerely, Shane Korman Chief Manager Parkview Golf Associates, LLC Phone: (651) 994-8000 Fax: (651) 452-7415 /aa ~_ b 1G.~4~~b 01 i 133 08:35 TARGET ~ ~ EAff1N ENG+COM DE Yanuary 12, 2003 Steven Schlegel 1263 Dunberry L.arte Eagan, MN 55123 (65 l) 9444309 RE: PARKVIEW GOLF COURSE Dear City Counsel Members, I would Itke to objeet to the pr+opo9ed extcns~ion of lighting hoeas. PI0.759 P001i001 The Parkview Golf Course is continually eroding the quality of aeigttbothoods in the surro~utding area. TAe combination of the driving eourx poksltsats and the cellular tower detracts from the horizon as I look out my kitc6ea window. Tlyc sddod parking tot and parking lot tight+ are a similar bkrni:b. The Golf Course should be a value add for the sru rstbcr than an rycsere. My dxk artd five of my neighbor's decks fan Parkview. T occasio:ttlly Gkc to stargaze and would be pleased if I could continue to do so. As a testamestt to Paricview's practices, when t>se new parking lot lights were set up, the shore directly in my South windews, and wane lctpt oat Tau role the evening. Please reconsider the extension of lighting hours for Parkview Golf Course. Thank you so muds! Steven Scbkgtl ti .+ eve /o.~ January 14, 2003 Mayor and Eagan City Council Members 3830 Pilot Knob Road Eagan, MN SS l22 Dear Ntayor and City Council Members: We wish to express our strong objection to the following actions involving the driving range at Parkview Golf Course. The spot lights conflict with the spirit of the original agreement. They are obtrusive since they are positioned directly at our residence. They are bright. white lights rather than amber or some other, less glaring filter. No attempt has been made to shield them or otherwise to minimize their effect on residential property. This is in direct conflict with the promises made to us and to City Counci{ as a condition of the original approval (Council Meeting Minutes 3/19/02). It also is in direct conflict with the spirit of the Ciry Code of Eagan by failing to prevent any undue light from being directly visible from the public right-of--way or abutting lots. [n one action, Parkview Golf Course has reversed what has taken us 20 years to develop. Operating the flood light all night long is completely unacceptable, since doing so deprives us of the enjoyment of our own property. It also creates problems for neighbors with small children with early bedtimes and those with ailments for whom peace and quiet is necessary. It appears the golf course management concludes that the lights, alone, will deter further vandalism. However, without anyone on site to observe such activity, the lights are no better than a highway "radar" sign without any technology to go along with it. Other businesses with security problems are expected to hire security guards. Why is Parkview Golf Course the exception? The Council granted a temporary extension of the lighting hours merely upon the request of the golf course. To our knowledge, no attempt was made to solicit the sentiments of the neighbors before hearing and granting the request on January 7. This is alarming, considering the strong opposition the neighborhood has voiced to: (1) the telephone cell tower, (2) the poles and netting, and (3) the proposed extension of the poles and netting. The burden of proof should be on the golf course, in contrast to the decision of January 7 which put the neighbors in a position of having to explain why it shouldn't happen. We are extremely disappointed in the failure of the City Council to respect our right to the peaceful, unfettered enjoyment of our own property. The Ciry of Eagan has a proud tradition of supporting families. On January 21, we urge you to take the following actions as community leaders with the strongest message possible: Enforce the original order to turn off the lights each night by 10:30 pm. Express to golf course management that security is their responsibility, like any other business. After all, Parkview Golf Course is afor-profit enterprise, not a public park. Neighbors should not be forced to pay the price for the decision of the golf course to take the easy way out. Communicate that the city will not loosen the standard, and that management is directed to collaborate with the neighborhood first rather than skirting the issue by appealing to the city and ignoring the neighbors. Sincerely, Mark and Sandy Zingle / 0 ~' MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-675-5700 651-675-5707 FAX DATE: January 16, 2003 TO: Tom Hedges, City Administrator FROM: Kent Therkelsen, Chief of Police SUBJECT: Damage Incidents at Parkview Golf Course As you requested, I am providing information on criminal incidents at Parkview Golf Course that have been reported to the Eagan Police Department. A search of police records from June 1, 2002 to today's date indicates three crime reports against golf course property and one suspicious activity report. The public information on the incidents is summarized below: October 27, 2002. Parkview staff reported that 11 flags and pins had been stolen from the course overnight. Loss value was estimated at $270.50. No suspects, witnesses, or items of physical evidence were available. Crime report for misdemeanor theft. December 30, 2002. Parkview staff reported that between December 27 and December 30, 2002, four large panels of netting at the driving range were damaged and 40-60 aluminum clips were stolen by person(s) unknown. Damage was estimated at $5,000 to $10,000. Crime report for theft and felony damage to property. January 8, 2003. Parkview staff reported that between January 3 and January 8, 2003, person(s) unknown damaged the 10`" green by carving an upside down pentagram and a word in the turf. It appears that a stick or similar object was used to do the damage. Damage was estimated at $300. January 8, 2003. Parkview staff reported that three juvenile males were seen running from the driving range to a parked vehicle and leaving the area at 8:12 pm. A license number was supplied to the responding officer who spoke to the adult owner of the vehicle and his 17-year-old son (Eagan residents). The juvenile stated that he and his friends saw the lights on at the range and were curious. No criminal offense reported at this time. The juvenile was cautioned about being at the golf course under these circumstances. The three criminal cases are classified as "open", but due to lack of suspects, witnesses, or evidence are inactive investigations. Our officers have been asked to provide extra patrol in the area of Parkview Golf Course as activity allows. Please let me know if you have any questions regarding this information. /o S Agenda Information Memo January 21, 2003 Eagan City Council Meeting C. NORTH FIELDS -CONSIDER PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BID ACTION TO BE CONSIDERED: APPROVE plans and specifications and authorize public bidding for the construction of athletic fields and infrastructure at North Fields Park. FACTS: • North Fields Park is proposed to be developed as amulti-purpose athletic facility designed to accommodate a variety of turf sports. • Turf sports, including soccer and lacrosse are experiencing large increases in the number of participants, especially at the youth level. • The field space on the Blue Cross campus will not be available following the completion of their planned building expansion program. • The City Council previously reviewed the project and approved inclusion in the Parks Capital Improvement Program. • Funding for the project would be from the Park Site Fund, where funds are allocated for the project. • Project elements in the BASE BID include: • Paved parking lot with a 120-vehicle capacity • Open turf space of 440' X 720' • Storm water control system • Water service extending to a fire hydrant near the parking lot • Erosion control and miscellaneous mitigation • The cost estimate for the project is $630,000. Attachments: • North Fields background' ~~ ~""/~ ~ • Site Plan- North Fields - /~ 9 /06 ATTACHMENT: NORTH FIELDS PARK BACKGROUND • The City of Eagan officially acquired the site from the State of Minnesota in 2000 through tax forfeiture, though the process had been initiated in the mid-1990's. The intended purpose of the acquisition being the development of an athletic complex to meet the increasing demand of the community for field space. Much of the site was filled during the 1970's by the unlicensed dumping of construction debris and rubble. Because of the unknown character of the fill, the City, working cooperatively with the Pollution Control Agency (PCA) and Dakota County, initiated a soil and groundwater testing project in 1995. After several yeazs of testing and review, no contamination in excess of the allowable limits was found. Both Agencies subsequently gave approval to the City to proceed with development plans. The only caveats being that the primary fill azea be "capped", and storm water controlled, with a paved parking lot to prevent excess infiltration of water which could lead to differential settling. Because of the limitations of the Tax Forfeiture statutes, no other use of the property, nor a sale of the property, could occur without a Legislative action. • The Park and Recreation Department presented a concept plan for site development to the Advisory Park and Recreation Commission in 2001. Upon their approval and recommendation the project was subsequently included in the 2002-2007 Parks Capital Improvement (CIP) as a 2002 project and forwarded to the City Council. The City Council approved the CIP and the North Fields project. In early 2002, at the request of the City Council, the project was put on hold and a study was initiated to identify any other sites that could have the potential to be developed as an athletic complex in lieu of the North Fields site. After several months of study no sites of equivalent size or having the same cost benefit were identified. Staff was then given approval to proceed with the North Fields project however, because of the lateness of the construction season, the project could not be started and was moved to year 2003 of the CIP. The current development proposal incorporates those BASE BID elements that were originally suggested by the Council, PCA and Dakota County during the review phase. They include; • A paved parked lot with a capacity of 120 vehicles • An open turf space (420'x720') equivalent to 4 regulation soccer fields • Storm water control system • A water service extending to a fire hydrant near the parking lot • Erosion control and misc. mitigation • Additional items included in the bid package as "Ad Alternates", subject to additional review prior to award of the bid include; • Additional pazking for 30 vehicles • Sanitary sewer service extended into the park and capped • Underground irrigation system /off The 2001/2002 cost estimate for the project was $575,000. Because of a lazge increase in construction costs the estimated 2003 project cost is $630,000. As with all Park CIP projects, funding for the development of North Fields would be taken from the Park Site Fund. The Park Site Fund consists of money paid to the City by developers to fund pazk development and improvement in lieu of a park land. No General Fund money is currently allocated for the project. • The bid results will be presented to the Council for review and subsequent authorization to awazd the project. ~~ eaPC~vExr - iNC~esaci iNG ~sr ~Qancw ` ~®~ Jl ~ ~L11~1Le~~ ~~ \ ~ ~.. ~ •_• ]EAQaAFi I~AI~ AIYIID ~~~A'Il7[®FI ]~~Al~'Q'A~'Il' .~ ~ ~_ •~ _ . ~_ \ ~•• , • ., a`-, ~~I~~Iys~ _ . _ - _ it ' ~~•- ~, A'1'HL!/'1'1C 1''ll/LUS ~ t ~•• y may.. ~.' n j. .+wt~ ~~ ~, `~~1,- ~ _ ~/ , '\~. , ~, SOIL BALANCE ~'~ ~'~ ~ '1 ~' ~ - ~ ~z,,~ ~ ..` J "\\~ t~ ~ X19 _ jjj ~~~~ y _ ~ ~. ~~ ~G~ ~ i ~_~~ - ~~ ,n ~~ -•~ ~~.. ~ y~ ' \• •~y , ATHLETIC FIELDS \~~ \~ "~~ .; ~ ; > _ 440' X 720' ~~`~,'~ \~ '~ •" ~` ~ ° \~ fir. ~. fir. ~.~~~ ~~. ~ ~~it STORM POND ~ ,~: ~-;r,,,, •• ~. ~ ~i~•. / ~ ~~~,•\ T ' ~ T ~ ~{ PARKING ~~ '- - •- ij~ _ -t..+....~• ~ ~1 ~ ~ ~ o • - • ~ ~, _ SOIL BALANCE - ~ - ._ ._ - •~ ._ - •_ ~ ' ~ _ •. .r- ~ ] r 4 3 C n L~ ~ _ ~ _ _ . _ ~ ~_ w ~ ~ - _• _ r_ ~ , r~ ~.. ~~~ _ . _ .r A • + i + _ ~''- ~ '' Agenda Information Memo January 21, 2003 NEW BUSINESS A. SLATER ROAD AND STORLAND ROAD/WALL STREET STOP SIGN PETITION ACTION TO BE CONSIDERED: Receive the petition and Approve/Deny an all-way stop sign at the intersection of Slater Road and Storland Road/Wall Street: FACTS: • City staff received a memo and petition in November 2002, from Janet Anderson, 2183 Storland Road, requesting an all-way stop sign on Slater Road at the intersection of Storland Road and Wall Street. The memo stated the neighborhoods basis for the request. • Due to previous telephone conversations with Mrs. Anderson and other residents, the traffic data had been collected in October 2002. • The City of Eagan has officially adopted the Manual of Uniform Traffic Control Devices which contain warrants justifying the installation of stop signs and other regulatory signage. The traffic data collected was compared to the minimum warrants requirements for the requested signs in the manual. • This engineering study indicated that warrants were not met for the installation of a multiway stop sign at the Slater Road and Storland Road/Wall Street intersection. ISSUES: • The warrants established by the Minnesota Manual on Uniform Traffic Control Devices for an all-way stop sign are clearly not met at the petitioned intersection. In staff's discussions with some of the residents included on the petition, it is clear that the concerns of those residents are related to the speed of the vehicles traveling Slater Road and the safety of their children. Placement of an all-way stop sign at this location may actually increase the vehicle speeds north and south of the intersection as motorists try to make up time for stopping at an apparent unnecessary stop sign. It also has the potential to reduce the safety of pedestrians at the intersection who tend to incorporate a false sense of security assuming all cars will stop at an unwarranted installation. ATTACHMENTS: • Petition, pages ~ through • Memo from Residents, pages through ~~. • Stop Sign Wan: ant Analysis, page f ~,~ . //d ~~ city of eagan PETITION We, the on: at the intersection with: We supP~ort this request with the following reasons: u.- 2. 3. 4. We request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled for formal action so that we may appear in person to support this request, if we so choose. ADD E ,. 2. 3. 4. 5. s. ~. s. ~lc~ ~,~~ ~d ~~-~ ~ z~6 ST~r ~ ~ (~, Z~r~~~i T ZC~o ~C(av~ ~( ~~ (~ A- G A~tJ ~,i~~ ~~}r~i~,~~,~ asp 2_~ ~35~-~f~ti,al ~.d N'~-~' ti' _ ~r~3 ~ToR~~o i2o Lod ( ~~~.~-U~.~z1' ~~ /SE Z- CL ~•~-t ~e~-' d~z . G'!FORMSlPETrCIONSlStap STOP SIGN petition the City Council of the City of Eagan to install stop signs oc_ ~~ ~ ~, ~. Name (Please PRINT and INITIAL) i" f Additional Signature_~heet for the petition to the City of Eaaan for an ~~ u~ stop Sim a,~ 5 T~~ ~'t7 ~' ~ h1 ~'~ U STOC t-AA~D RD ~~- r ~~ , ~ 5r c,T~oN w ~ L(, sT~ ~ ~;s 14. 1 ~ L 1( ',~~ 1~ t 1~" 1,~~ ~~ i ~ i~j ~ r 15. of ~ ~; ~~~a,~ ~-C~ `~~~~ ~~.~S~~.n ~d ~a~a~' _~~~~ ~~( r ~.~.-~ ~~ 18. ~'Ar~~~ .-~ 13~ ~~ r E e.-~ ~' ~rf' ~-/~i~ ~( S~'oc~Cl9--~~ ~ ~ E~-~~1 20. ~ ~: ~~ ~ ~,vr- ~~~ ~ (' ~ X18 ~3 src i~! 9 ~Jp ~ ci 21. /t .~ ~.r~; ~ i YY; 24. ~~-~- 4-70 ~vS i ~/y ~~ . /ice ~` ~tgo Sian[sl ~ SL~`f~. ~0 ~}f' )nl ~' he_ o, f Eaaan~for a_vL a~~ W~ ~1,Tr- S~~~o 1Qt~ ~ tc%u ~a~3 s~~.E~.~ ~.~ 1 ~A .~T ~ l l ~ ~ r , v /~A ~~ .~ R~~, / i~ '~~. ~aJl~~ ~•<-~l~+~l Y~ 2.2y~ ~N(a/-~y /~ KV'C._ ..~,,. _ - - - -i. Additional SiSnat re Sheet for the Petitiop, to the City of Eaaa__n for are (~~ u/A~/ Stou Sian[sl~. , SLA7Z~ ~~ '~7" l~~SgZ.T~c~ Gcijy~ S~O~L~4NA ~t~ ~~ C..C.. Name (Please Print an INITIAL) Address a' i C_~~~~~ cv ~~^~y . J LL ~ ~ ~ /iy ,~ Additional Signature Sheet fort a Petition to the City of Eagan for ay, ALL ~y Stoo Sian(s1 n~ SZ/}?L~ (ZD A-'(' l~-Tc-~S~% ~°~l l~ ~y 5~1~[.q~p ~D w~L~ T --~ ~s~ ~z ~h7~u°~ _ 7,,.. (' i c~~'~ 3 ~.cc s~.eH ~ ~ ~~~r ~'.~ r~..Z •.% ~{ S L~ ~^---_- In-e~,LUh~e,I yak. ~i ~ SSr~ ~~ ~t~ ~~.n ~~ ~~, z~ u ~ ~.• d `~ l o~ o~ ~~ s~~r~ ~d S Si ~ <' ~~ ~~l~L ~~a5122 ~l ss~a2 //s l , ~ ~ . .~ /' j lC/%/~i ~ddjtionat Signature Sheet for the Petition to the City of EaSan or an ~ ~ U ' ~~~ Stop' Si~n[sl oN ~ L.!}T1s32 Rfl •47-- /~i25c'~?7o.~1 GV ~~ 5'~J'of2 c-~4^~~ RA/ ,~ YU ~ t_c. S 1 - ~~ss~-rr~ " aa~s LfJ~9C.L s-T 77. ~,~:- t t 1 e -t-i~~S e ~-~- ~ ~~ 5 l ly ~t l 5-~ . Y ~ 1 -~ ~ ~ ~ ~ <82, 83. ~ ~~~ ~LP~e~ ~ ?Zv~7 /Y~ur" ~h ~E ~- - - - ~ 84. P~-~1' i c K. ~0 fl/ ~-, '~~' Z Z0~ M f~'IZ.t t~//lJ /~~1~ .~ ss. ;'i } //~ o~ ~S u/~~`~ Name (Please Print and INITIALS Address ~~ , v ~ 89 y~ 9/• 0 z~~s w~~ ~~ ~ ~ ~ ya r S /ti ~~ R~ ~ ~~ m,,l"I cl_ ~_ p l ~ .. ,Ir w ~~. ~~ r,<< 1,UnZ ~~~J S~f~r ~c~ ~gJa~ y.~ ~~ y3. ~E ~~-~ ~~> . e~ !~~/ Q / 7 ~ ~t~. ~L ~ ~~.-c C~C~'L~ / / °~.~-~ ~" a..t IeC~~ ~'-r~-- .~~i /~ l~ v r ~C~ , ~ ~1,~ gg _ ~ q ~ ~ ~, < <~ if ~• ~ V ~ P'~~ N ~ l l~ ~6u R S 4 ~s'oNS /J~ . ~~ (JA N ~8. ~~ 6 6 ~~ g Z ,s ~ ~ ~-~. '~ ~ ~~ ~ ~ X56 ~ ~an //~ ,. ~~ s ~~- ~, ~ ~`~ • . /a/ • Nam e [Plea se Print and INITIAL) Addre ss __ J .~.- 1~ - C J - 0 K ..~- -~ N ~'t G- ~°3 ~ JAN ~ as~~r` ~ ~~~ ~ s~r~Z ~~ ___ Z //8 Attachment; for the Petition to the City of Eagan for Stop signs at the intersection of Slater Road and Storland /Wall Street. 1.) There is a consensus on the part of the parents in the surrounding neighborhoods that at Stop sign at this corner would increase the safety of all the children living in the area. 2.) Young children are not able to give a reasonable estimation of the distance a car may be away from them or the rate of speed that it is traveling. Given the topography of the area with the hills one block to the north and south of the intersection of Slater and Storland the line of site from this particular corner allows for a very short viewing distance. If the speed limit of 30 & 35mph were observed there would be a reasonable time frame for a child to cross the street or for a vehicle to stop if a child were in the middle of the road. When a vehicle is traveling at 50-55mph over the hill there is not enough reaction time or distance to allow for the vehicle to stop or avoid hitting a child. With the coming snow and ice we all know that these parameters will change. 3.) There is a sidewalk on the west side of Slater Road that runs from the southern border of the City limits by Estates Drive, north to the Super America at the corner of Slater and Cliff. Many of the children, adult walkers and people riding their bikes use this sidewalk. For any one living on the east side of Slater from Storland and areas south will need to cross Slater to make use of the side walk. The natural crossing area is at the intersection of Storland and Slater. 4.} It is the observation of all of the neighboring residents that the speed limits of 30 and 35 mph are often exceeded. At least once a day there is a vehicle that is traveling 15-20mph in excess of the posted limits. There are informational signs that post a reduction in speed for the curve to 20 mph. Those signs are not being observed. Traffic northbound and southbound on Slater seldom stays in the marked lanes. On the evening of September 23, 2002 from 6:00 PM to 7:15 PM there were three vehicles, an older red pickup truck, a gray Honda and a reddish Toyota that were traveling in excess of 50mph and crossed the centerline on Slater road. The pickup truck was traveling northbound and it's speed was great enough to cause the truck to "bottom out" as it passed the low area just north of the Storland / Slater intersection. The Honda and Toyota were traveling southbound both crossing the I19' centerline and traveling in the northbound lane. None of these three drivers would have been able to maintain control to take evasive action or stop if they'were to encounter a child in the street or oncoming traffic. The traffic on the evening of the 23`~ was not unusual. To date the efforts put forth on the part of the police department have not altere the habits of the speeders in the area. We are willing to offer videotapes to more fully illustrate the point if needed. :~ 5.) Because of the high rate o travel and erratic driving there is a sad J sick sense that at some oint a child will be injured or killed by a speeding car. This prese condition is easily modified by the addition of a Stop sign. -ere would be no real hardship or inconvenience imposed o . the vehicles that travel this section of road. The Minnesota Wil made a choice to install safety nets behind the goals in the Excel arena last week. This was done to help avoid an accident like the one that took place fast year in Ohio when a young girl lost her life by a flying puck. The Minnesota Wild concluded that, "...it was in everyone's best interest to add a minor distraction to have a significant increase in safety for the fans." Parents in this neighbor hood are reasonable, professional people. We take the job of raising our children seriously and are concerned for their safety. We feel that the addition of a stop sign at the corner of Slater and Storland will greatly increase the safety of all of the children without having a negative impact on the vehicles traveling the road. To maintain the status quo is not an acceptable solution to the problem. We are not willing to play Russian roulette with the wild drivers that wish they were on a closed racetrack. As parents we are not willing to gamble with the safety of our children for the sake of a simple sign. We look forward to a positive resolution to our concern. /~o ~ ~;~~ ~ ~ -, .. Tai C '- - - - - ----lp s~oser~ ono t ... - ~ ~ ~ ~ ~, ~ ~ %' o - £ Q~r~' ~ _ __- - p _._ ± - a ~ W , r~, ,~.. - ~ ~ ~ J ~ qi6 ~ ~ ~~ .r.. ~:~~1~, G i - ;; ~7 ~a uaAy ~ ~~, - ~1, ---~, l,~ , 1 i ~ - -. - ~ ~ _ ~ ~ FAystic l.n .~, F H --- N 4 ~y b Z - ~ '' ~ V ,~~ '~'~ ~ ~' : ~ ~ ----- -- -----. ~ 1e9. w _ ~ - /a/ STOP SIGN WARRANT ANALYSIS ENGINEERING DIVISION PUBLIC WORKS DEPARTMENT CITY OF EAGAN LOCATION THRU STREET Slater Road CROSS STREET Storland Road/Wall Street EXISTING CONDITIONS ROADWAY FUNCTIONAL CLASSIFICATION THRU STREET Minor Nei hborhood Collector CROSS STREET Local AVERAGE DAILY TRAFFIC THRU STREET 2408 CROSS STREET 335 INTERSECTION TRAFFIC MONITORING DATES 9/30/2002 - 10/2/2002 TOTAL MONITORING TIME HOURS 48 TOTAL VEHICLES 5482 VEHICLES PER HOUR THRU STREET 172 VEHICLES PER HOUR CROSS STREET 14 VEHICLES PER HOUR 8 HR MIN 186 TRAILS Yes PEDESTRIAN CROSSING Na Pavement Markin s TRAFFIC CONTROL 2-Wa Sto Cross Street s SPEED LIMIT MPH THRU STREET 35 CROSS STREET 30 85th % SPEED THRU STREET 38.74 m h SB /35.73 m h NB CROSS STREET N/A ACCIDENTS/YEAR 0 Since 1/1/00 /~ ~ Agenda Information Memo January 21, 2003 Eagan City Council Meeting VIII. COMMUNITY CENTER UPDATE Per the direction of the City Council, an update on the Community Center will be included as an agenda item on each regular City Council agenda until the center ~is operational. ACTION TO BE CONSIDERED: To consider the recommendations of the Operations Committee from the January 15, 2003 Committee meeting. FACTS: The Operations Committee met on Wednesday, January 15 to further discuss the Community Center operations. Minutes of the 1-8-03 and 1-15-03 Operation Committee Meetings are included in the Council's Additional Information memo. OPERATIONS COMMITTEE RECOMMENDATION: The committee reconvnended that a discussion take place under the Community Center Update on January 21 to get the input of the Council on the proposed changes to the women's locker room. /~ 3 CITY OF EAGAN SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JANUARY 21, 2003 A. Call to Order B. Adopt Agenda C. Approval of Minutes ~ ~y ~ 1. January 7, 2003 EDA meeting D. Public Hearing /~~~y~ 1. Proposed Development Agreement and Sale of Public ~" Owned Land. (continued from December 17, 2002 meeting) E. Adjournment /dy Agenda Information Memo January 21, 2003 Eagan Economic Development Authority Special Meeting C. APPROVE MINUTES OF JANUARY 7, 2003 EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To adopt a resolution approving minutes of the January 7, 2003 EDA meeting. ATTACHMENTS: • Minutes are attached on page f~l~,~3 -/ay C • Resolution is attached on page ~ ~~ /~~fA MINUTES OF A REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 7, 2003 A meeting of the Eagan Economic Development Authority was held on Monday, January 7, 2003 at 7:45 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Commissioners Carlson, Fields, Maguire and Tilley. Also present were Executive Director Tom Hedges, Assistant City Administrator Jamie Verbrugge, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 ORGANIZATIONAL BUSINESS ELECTION OF OFFICERS The following officers were elected: President: Pat Geagan Vice Present: Peggy Carlson Treasurer: Mike Maguire Executive Director: City Administrator Tom Hedges Assistant Executive Director: Assistant City Administrator Jamie Verbrugge APPROVAL OF MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the minutes of the December 17, 2002 Economic Development Authority meeting. Aye: 5 Nay: 0 PUBLIC HEARING PROPOSED DEVELOPMENT AGREEMENT AND SALE OF PUBLICLY OWNED LAND City Administrator Hedges stated that the City and developer have been unable to resolve financial issues necessary to execute the development agreement. He suggested the Public Hearing be continued to Tuesday January 21, 2003. Commissioner Carlson moved, Commissioner Fields seconded a motion to schedule a special meeting of the Economic Development Authority for Tuesday, January 21, 2003, and to continue the Public Hearing related to a proposed development agreement and sale of publicly owned land. Aye: 5 Nay: 0 /aye ADJOURNMENT The meeting adjourned at 7:50 p.m. Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /a~~. EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING MINUTES OF JANUARY 7, 2003 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the January 7, 2003 regular meeting of the Eagan Economic Development Authority. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, James Verbrugge, Secretary/Assistant Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 21S` day of January, 2003. James Verbrugge, Secretary /~y~ Agenda Information Memo January 21, 2002 Eagan Economic Development Authority Special Meeting D. PUBLIC HEARING 1. PROPOSED DEVELOPMENT AGREEMENT AND SALE OF PUBLICLY OWNED LAND ACTION TO BE CONSIDERED: To adopt a resolution approving the proposed development agreement with, and sale of publicly owned land to, Keystone Communities. FACTS: • The Eagan City Council established the Cedar Grove Tax Increment Finance Redevelopment District in October 2001. • In June 2002, the City Council directed staff to negotiate a development agreement with Keystone Communities for 126 units of senior housing on property in the Langhoven Addition within the Cedar Grove Redevelopment District. • Keystone was selected ahead of two other developers - LaNel Financial and MetroPlains -based on its experience in redevelopment districts, the quality of its products, the number and value of units, and the land cost it was willing to pay for the City-owned property. • The terms of agreement, especially the financial terms, are based on the developer getting an acceptable return on investment (ROI). In this case, Keystone had indicated that it was seeking ROI in the range of 12-15%. The City's project management consultant, Ehlers & Associates, determined that 12-15% is a reasonable range for this market and product. Indeed, many developers seek a return in the range of 18-20%. • Ehlers has performed an extensive analysis of the developer pro forma. With the assistance being provided by the EDA, Keystone will see a return in the area of 10.8%, which is less than the range indicated as a comfort level before proceeding with the project. The development agreement includes the following terms of agreement: - Keystone will pay $7,500/unit ($945,000) for the land. - The EDA will pay the park and trail dedication fees associated with the development ($207,270) to the City. - Keystone will pay the assessment related to Project 800R ($84,596) over 15 years beginning in 2005. 1~4~ ~ - The City will re-plat the properties into one parcel and demolish existing structures before conveying the property to Keystone. - The EDA and City Council agree to not provide assistance to any senior housing project that would compete, as determined by Maxfield Research, with this project. The restriction on assistance is limited to a geographic area within a 2- mile radius of the Cedar Grove District and expires on December 31, 2004. The exclusion does not apply to the Dakota County CDA senior project at Town Centre Drive that will be constructed in 2003 with Community Development Block Grant (CDBG) set-asides by the City. This non-compete aspect of the agreement has been included specifically at the request of the developer. • Approval of the development agreement does not preempt or otherwise connote land use approvals that must be attained before commencing the project. Ehlers projects that the development will generate increment of $1.1 million present value. This is increment available to the EDA and City for TIF-eligible activities within the Cedar Grove Redevelopment District. ATTACHMENT: • Resolution is attached on page ~~ • Terms of agreement is attached on pages I~Hthrough ~r • Analysis of project values and increment to be generated is on pages~~hrough ~t~/C. • Development Agreement is on pages f~through _. /~ Y~~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE DEVELOPMENT AGREEMENT WITH, AND SALE OF PUBLICLY OWNED LAND TO, KEYSTONE COMMUNITIES OF EAGAN, LLC BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a Development Agreement with, and sale of publicly owned land to, Keystone Communities, LLC for redevelopment within Cedar Grove TIF District No. 1. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, Jamie Verbrugge, Secretary/Assistant Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 21S` day of January, 2003. James D. Verbrugge, Secretary /ayG -~k"~ ~; ,1v. O To: From: W Date: Subject: Jamie Verbrugge, City of Eagan Jim Prosser & Stacie Kvilvang, Ehlers & Associates January 10, 2003 Keystone Senior Housing Proposal. FREERS & ASSOCIATES INC Following are the key business points for the City Council's review within the Development Agreement between the City of Eagan and Keystone Limited Partnership: 1. Developer will purchase six (6) city owned lots (104445001001/ 104445002001/ 104445003001/ 104445004001/ 104445006101/ 104445010101), net of land needed for roadway purposes. 2. Developer will construct a minimum of 126 units of senior housing consisting of a combination of independent, congregate care and assisted living units. Construction will commence within 180 days of land use approvals. 3. Developer will pay the City $7,500 per unit for land, for a total of $945,000. Closing on the land sale is contingent on the following: a. Soils tests (FDA) b. Environmental report (FDA) c. Mortgage Finance Application (Developer) d. City Design and Use Approvals (Developer) e. Construction contract (Developer) 4. The developer will pay its share of the roadway assessment for Project 800, in the amount of $84,596. The assessment will be deferred unti12005, when the project is stabilized, and then will be paid in accordance with the City's standard assessment deferral process. 5. The EDA will waive the Park Dedication Fees ($183,330) and Trail Dedication Fees ($23,940), totaling $207,270. The EDA will pay these fees to the City from the land sales proceeds. 6. The City will convey the property via a Warranty Deed and provide the Developer a marketable title, ALTA title policy and ALTA survey. 7. Developer shall report to City the status of land assembly efforts for balance of site no later than August 1, 2003. 8. Development will comply with City design guidelines in effect at time of site plan review. 9. The City will convey the site cleared and ready for development. LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 651-697-8503 Fax: 651-697-8555 Roseville, MN 551 13-1 105 / ^~~ ~ Email: jim@ehlers- inc.com p( 10. If development is not initiated within 180 days of final approvals, City shall have right to purchase property at sale cost. 11. Acquisition of the property is subject to no site contamination. The City will complete a Phase 1 environmental review and provide documentation to the Developer. 12. The Developer will pay for and improve road surface of Alder Lane to City standard. 13. City will delineate wetland. 14. City will review extension of preliminary development agreement for balance of site after August 1, 2003 property assembly status report by developer. 15. Developer will provide payment of $12,500 for out of pocket costs incurred by City for legal, financial and planning fees related to preparation and approval of final project. 16. Upon approval of a final Development Agreement the developer will initiate land use review process. Approval of the final Development Agreement will not replace normal land use review requirements. 17. The EDA agrees not to provide financial assistance, reduced land cost, or provide other assistance (except as otherwise being required as part of the normal land use approval process) to any development which would compete for market share of similar developments, as determined by Maxfield Research, until the development achieves 80% lease-up or 12 months after building completion whichever occurs first. G:UVerbruggeUVerbrugge\Cedar 13VCeystone_terms_011703.DOC lp~~~ 1/17103 Pape 1 oil FREERS ° • OCiAlrr ~ C Area 36 CITY OF EAGAN -CEDAR GROVE REDEVELOPMENT AREA Keystone Development • 126 Units of Senior Housing T.I.F. CASH FLOW ASSUMPTIONS Distrct Type Redevelopment County District # InflaOOn Rate -Every _ Years 0.00% Pay-AS-YOU-Go Interest Rate: 7.50°:. Note Issuetl Date (Present Value Date): Oi-Aup•03 Loal Tax Rate • Frozen 95.5440% Pay 2002 Fiscal Dispan4es Election (A -inside or B outside) 8 -Outside Year Distract was certified 2002 Assumes First Tax Increment For District 2004 Assumes First Tax Increment For Development 2005 Years of Tax Increment 26 Assumes Last Year of Tax Increment 2028 Fiscal Disparities Ratio 0.352618% Fiscal Disparities Metro Wide Tax Rate 156.4970% Loal Tax Rate -Current 95.5440% Pay 2002 State Wide Property Tax Rate (Used for total taxes) 57.9330% Pay 2002 Market Value Tax Rate (used for total taxes) 0.16743 % Pay 2002 Commercial Industrial Class Rate 1.5%-2.0% Pay 2002 First 150,000 1.50% Over 150,000 2.00 Rental Class Rate 1.25 % Pay 2004 Residential -Under $500,000 7.00 % Pay 2002 Over $500,000 1.25 % Pay 2002 BASE VALUE INFORMATION -BEFORE DEVELOPMENT Class Rate After Property Land Bulldinp Total Class Original After Conversion Date Ma ID PIO Address Owner Market Value Market Value Market Value Rata lax Ca eel Conversion Tax Ca aci Pa able 80 104445001001 7BrlAwvl~» CiryorEpn 29,400 128,600 158,000 1.00% 1,580 1.25% 1,975 2004 81 104445002001 iew sw. 6.n Re ~. a ~. w~, 35,400 108,100 143,500 1.00 % 1,435 1.25 % 1,794 2004 82 104445003001 raw swr. a.x as ~. a M. Nr 33,600 103,400 137,200 1.00 % 1,372 1.25 % 1,715 2004 83 104445004001 3a16 B.a, M R,w d T. a ~. wooaw 37,200 129,000 166,200 1.00 % 1,662 1.25 % 2,078 2004 84 104445006101 aeu e.., a R,. a *. a ~. vna ~a 32,800 90,400 123,200 1.00 % 1,232 1.25 % 1,540 2004 86 104445006201 Y30 A10w L~r REM rx.vo 35,600 130,500 166,100 1.00% 1,661 1.25% 2,076 2004 ToUls 204,200 690,000 894,200 8942 11,178 PROJECT INFORMATION • AFTER CONVERSION Use ToUI Market Value Taxes Par Total Market Class Date Phase S . Ft.Nnlts S . Ft./Units S . Ft/Uniu Taxss Value Rate Taz Ca aci Pa able Sr Apts 126 90,000.00 $1,225.56 154,420 11,340,000 1.25% 141,750 2005 Total 154 420 11 340 000 141 750 Tax estimates are based upon market value, construction costs and taxes per aam. TAX CALCULATIONS Uss Taal Tax Ca aeit Local lax Ca ae' Fisgl Disparties Tax Ca ae' Local Tax Rata Fiscal State-wills Disparities Property Tax Rate Tax Rate Market Valw Tax Rata Local Taxes Fiscal Disparities Taxes State-wide Property Tuss Market Value Taxes Total Taxes Apts 141,750 141,750 0 0.95544 0.00000 0.00000 0.0016743 135,434 0 0 18,987 154,420 TOTAL 141 750 141 750 0 0.95541 0.00000 0.00000 0.0018743 135434 0 0 18 987 154,420 Note: 1. District Dces Not Pay Fiscal Disparities 2. Residential units tlo not pay State•Wide Property Tax 3. Redevelopment Area is located in School District a191 PnperW by EAMn Area 3B 4teyatona OevNopmerx 1.17-03-PST.xi. !a ~~' t/77M3 ,FREERS •u c~.rn i c City of Eagan Keystone -Area 3B Cedar Grove Redevelopment Page 2 of 2 TAX INCREMENT CASH FLOW Base Pro)ecl Gptured Semi-Annual Shta Admin. Semi-Annual Semi•Annual PAYMENT DATE PERIOD BEGINNING lax Tax Tax Gross Tax Auditor at Net Tax Present PERIOD ENDING Yrs. Mth. Yr. G act G act G aci Increment 0.36% 10.00% Incroment Value Yrs. Mth. Yr. 0.0 02-01 2001 8,942 8,942 0.0 OB-01 2001 0.0 08-01 2001 8,942 8,942 0.0 02-01 2002 o.o oz-01 2002 e,942 8,9az : o.o oe-o1 2002 0.0 08-07 2002 6.942 8,942 0.0 02-01 2003 0.0 02-01 2003 8,942 8,942 Present Valw Date 6-01-03 0.0 0&01 2003 0.0 0&01 2003 6,942 8,942 0 0 0 0 0 0 0.0 02-01 2004 0.0 02-01 2004 11,178 11,178 0 0 0 0 0 0 0.0 08-01 2004 o.o oe-ot zooa 11,77e 71,77e o 0 0 0 0 0 0.0 oaot zoos 0.0 02-01 2005 77,178 141,750 130,573 62,377 (225) (6,275) 55,937 48,278 0.5 08.01 20D5 0.5 OB•01 2005 11,178 741,750 130,573 62,377 (225) (6,275) 55,937 94,811 1.0 02-01 2006 7.0 02-01 2006 71,178 741,750 130,573 62,377 (225) (6.215) 55,937 139,662 1.5 08-01 2006 1.5 08-01 2006 11,178 741,750 130,573 62,377 (225) (6,215) 55,937 182,892 2.0 02-01 2007 i ~ 2.0 02-07 2007 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 224,559 2.5 08.07 2007 I 2.5 OB•O7 2007 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 264,721 3.0 02-01 2008 ~~, 3.0 02-Ot 2008 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 303,430 3.5 08-01 2008 ' 3.5 08-07 2008 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 340,741 4.0 02-01 2009 4.0 02-Ot 2009 11,778 141,750 130,573 62,377 (225) (6,215) 55,937 376,703 4.5 08-01 2009 4.5 08-01 2009 11,178 141,750 130,573 62,377 (225) (6,275) 55,937 411,365 5.0 02-01 2070 5.0 02-01 2010 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 444,775 5.5 08-01 2010 5.5 08-07 2010 11,178 147,750 130,573 62,377 (225) (6,215) 55,937 476,976 6.0 02-Ot 2011 6.0 02-01 2011 11,178 141,750 130,573 62,377 (225) (6.215) 55,937 508,014 6.5 OB-O7 2011 6.5 08-01 2011 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 537,930 7.0 02-01 2012 7.0 02-01 2012 11,178 141,750 130,573 82,377 (225) (6,215) 55,937 566,765 7.5 08-01 2012 7.5 08.01 2012 11,178 141,750 130,573 62,377 (225) (6,275) 55,937 594,557 8.0 02-01 2013 8.0 02-01 2013 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 621,345 8.5 08-01 2013 8.5 08-01 2013 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 647,165 9.0 02-01 2014 9.0 02-01 2014 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 672,052 9.5 08-01 2014 9.5 OB-O1 2014 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 696,038 10.0 02-01 2015 10.0 02-01 2015 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 719,758 10.5 OB-01 2015 10.5 08-01 2015 11,178 141,750 730,573 62,377 (225) (8,215) 55,937 741,443 11.0 02-07 2016 11.0 02-01 2016 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 762,922 11.5 0&O7 2016 77.5 OB-01 2016 11,178 141,750 130,573 62,377 (225) (6,215) 55.937 783,624 12.0 02-01 2017 12.0 02-01 2017 71,178 141,750 130,573 62,377 (225) (6,215) 55,937 803,578 12.5 08-01 2017 '~, 12.5 OB-O1 2017 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 822,811 13.0 02-01 2016 13.0 02-01 2018 11,178 141.750 730,573 62,377 (225) (6,215) 55,937 841,349 13.5 OB-O1 2018 i 13.5 08-01 2018 11.178 141.750 130,573 62,377 (225) (6,215) 55,937 859,217 14.0 02.01 2019 ' 14.0 02-01 2019 11,178 141,750 130,573 82,377 (225) (6,215) 55,937 876,439 14.5 08-01 2019 ~ 14.5 08.01 2019 11,778 741,750 130,573 62,377 (225) (6,215) 55,937 893,038 15.0 02-01 2020 15.0 02-01 2020 11,178 141,750 130,573 62,377 (225) (6.215) 55,937 909,038 15.5 0&01 2020 15.5 08-01 2020 11,178 141,750 130,573 62,377 (225) (6.215) 55,937 924,459 16.0 02-01 2021 16.0 02-01 2021 11,778 741,750 130,573 62,377 (225) (6,215) 55,937 939,323 16.5 OB-01 2027 16.5 08.01 2021 11,778 141,750 130,573 62,377 (225) (6,215) 55,937 953,649 17.0 02-01 2022 77.0 02.01 2022 11,178 141,750 130,573 62,377 (225) (6,275) 55,937 967,458 17.5 0&01 2022 17.5 08-01 2022 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 980,767 18.0 02-01 2023 16.0 02-01 2023 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 993,596 18.5 08.01 2023 16.5 08.01 2023 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 1,005,961 19.0 02.01 2024 19.0 02-01 2024 11,178 141,750 130,573 62.377 (225) (6.215) 55,937 1,017,679 19.5 08-01 2024 19.5 0&01 2024 11,178 141,750 130,573 62,377 (225) (6,215) 55.937 1,029,366 20.0 02-Ot 2025 20.0 02-Ot 2025 11,178 147,750 130 573 62,377 (225) (6.215) 55,937 1 040 438 20.5 08-01 2025 20.5 08-01 2025 11,778 141,750 130,573 62,377 (225) (6,215) 55,937 1,051,110 21.0 02.01 2026 21.0 02-Ot 2026 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 1,061,396 21.5 OB-01 2026 21.5 08.01 2026 17,178 141,750 130,573 62,377 (225) (6,215) 55,937 1,071,310 22.0 02.01 2027 22.0 02-01 2027 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 1,080,866 22.5 08-01 2027 22.5 08.07 2027 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 1,090,076 23.0 02-07 2028 23.0 02-0i 2028 11,178 141,750 130,573 82,377 (225) (6,215) 55,937 1,098,954 23.5 08-01 2028 23.5 08-01 2026 11,178 141,750 130,573 62,377 (225) (6,215) 55,937 1,107,511 24.0 02-01 2029 24.0 02.01 2029 11,178 147,750 130,573 62,377 (225) (6,215) 55,937 7,115,758 24.5 OB-01 2029 24.5 06-01 2029 11 178 741 750 130 573 82 377 225 6 215 55 937 1 123 708 25.0 02-01 2030 Totals 3 178 855 11 228 310 703 2 796 864 Present Valw Date 8-01-03 1 253 075 4 517 124 858 1 123 708 NOTES: t. Sfate Auditor payment is based upon 1st half, pay 2002 actual and may Increase over term of district 2. Assumes there Is inflationary incremem collected in 2004 which starts the district (shown as 0 since inflation cannot be determined at this time), & the 1st full year of increment is 2005 3. Amount of increment will vary depending upon market value, ux rates, class rates, construction schedule and inflation on Market Value. 4. Inflation on tax rates cannot be capluretl. 5. TIF does not capture SUte wide or market value Increases in taxes 8. Assumes Dishict is Certified Before December 31, 2002 Pnp~rW eY EAMn Arp SB -K~ysloir t7~vNopm~M 1.77-01-0STxls ~a~~ DRAFT: 1/17/03 DEVELOPMENT AGREEMENT Dated January _, 2003 Relating to TAX INCREMENT FINANCING DISTRICT NO. 1 Between EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN and KEYSTONE COMMUNITIES OF EAGAN, LLC This Instrument Drafted by: Faegre & Benson LLP (SCR) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: (612) 766-7000 ~y L DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into as of this day of January, 2003, by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA"), the CITY OF EAGAN, a Minnesota municipal corporation (the "City"), and KEYSTONE COMMUNITIES OF EAGAN, LLC, a Minnesota limited liability company (the "Developer"): WITNESSETH: WHEREAS, the EDA has created and established a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Project Area (the "Redevelopment Project Area") pursuant to the authority granted by Minnesota Statutes, Sections 469.090 to 469.1081 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"); and WHEREAS, pursuant to the Acts, the EDA has adopted and the City has approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment Project Area; and WHEREAS, in order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has determined to provide substantial aid and assistance through the financing of land acquisition and certain public improvement costs in the Redevelopment Project Area; and WHEREAS, the Developer has proposed a senior housing development within the Redevelopment Project Area and the TIF District which the EDA has determined will promote and carry out the Redevelopment Plan and TIF Plan; and NOW, THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Developer, the parties hereby represent, covenant and agree as follows: ~a~ m ARTICLE I. DEFINITIONS, EXHIBITS, RULES OF INTERPRETATION Section 1.1 Definitions. In this Agreement, the following terms have the following respective meanings unless the context hereof clearly requires otherwise: (a) Acquisition Costs. $1,198,718, being the costs of the City and the EDA of acquiring the Property, demolition of existing structures and any relocation costs. (b) Certificate of Completion. The certificate of Substantial Completion of the Improvements set forth in Exhibit B hereto. (c) Cam. The City of Eagan, Minnesota. (d) City Assessments. $84,596, being the amount which the City will assess against the Property for the Public Development Costs. (e) Commencement Date. The date on which the Developer commences construction of the Improvements. (f) City Dedication Fees. $207,270, being the development fees which the City is entitled to receive for park and trail dedication with respect to the Improvements. (g) Developer. Keystone Communities of Eagan, LLC, a Minnesota limited liability company, its successors and assigns. (h) Development. The Property and the Improvements to be constructed thereon by the Developer according to the Housing Plans approved by the EDA and the City. (i) EDA. The Economic Development Authority of the City of Eagan, Minnesota. (j) Housin Pg_ laps. Collectively, the plans, drawings and related documents referred to in Exhibit C which establish certain design and construction standards for the Improvements. (k) Improvements. Each and all of the improvements to be constructed on the Property by the Developer, which shall include at least 126 senior housing units consisting of a combination of independent, congregate care and assisted living units, as specified in the Housing Plans identified in Exhibit C hereto, but excluding any and all personal property. (1) Mortgage and Holder. The term "mortgage" shall include the mortgages referenced in Article IV of this Agreement and any other instrument creating an encumbrance or Iien upon the Development or any part thereof as security for a loan. The z ~~~ term "holder" in reference to a mortgage includes any insurer or guarantor (other than the Developer) of any obligation or condition secured by such mortgage or deed of trust. (m) Pro e .The real property which is a part of the TIF District and which is legally described in Exhibit A attached hereto. (n) Public Development Costs. The costs of road and other public improvements for Silver Bell and Cedar Grove Parkway known as Project 800R allocable to the Property. (o) Quali , ing Costs. Those Acquisition Costs and Public Development Costs which satisfy the requirements of Minnesota Statutes, Section 469.176, Subd. 4(j). (p) Redevelopment Plan. The Redevelopment Plan for the Cedar Grove Redevelopment Project Area, as amended from time to time. (q) Substantial Completion or Substantially Complete. Completion of construction of a Unit or Units, as evidenced by the issuance of a Certificate of Occupancy by the City. (r) Tax Increment Financing District (TIF District). Tax Increment Financing District No. 1 created by the EDA pursuant to Minnesota Statutes Sections 469.174 through 469.179 and described in the TIF Plan adopted therefor. (s) Tax Increment Financin Plan TIF Plan. The plan for development of the TIF District adopted by the EDA pursuant to Minnesota Statutes Sections 469.174 through 469.179 and approved by a resolution of the City Council adopted October 2, 2001. (t) Unit. A senior housing unit constructed on the Property in accordance with the Housing Plan Documents. (u) Other Terms. Terms defined in other sections of this agreement have the meanings given them. Section 1.2 Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: A. Legal Description of Property B. Certificate of Completion. C. Housing Plan Documents. D. Description of Additional Property E. Repurchase Agreement 3 ~~ V Section 1.3 Rules of Interpretation. (a) This Agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota. (b) The words "herein" and "hereof "and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II. REPRESENTATIONS AND COVENANTS Section 2.1 By the Developer. The Developer makes the following representations and covenants: (a) The Developer has the legal authority and power to enter into this Agreement. (b) The Developer has made the necessary applications for commitments for the financial resources for acquisition of the Property and construction of the Improvements. (c) The Developer will, to the extent required by this Agreement, construct the Improvements in accordance with the terms of this Agreement, the TIF Plan and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, parking facilities, or landscaping improvements which are necessary in connection with the construction and operation of the Improvements. (d) The Development is comprised of uses permitted under the ordinances of the City and is in conformity with the TIF Plan and the Redevelopment Plan. (e) At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental laws and regulations, will have obtained any and all necessary environmental reviews, licenses or clearances under, and will be in compliance with the requirements of the National Environmental Policy Act of 1969, the Minnesota Environmental Policy Act, and other applicable environmental laws. (f) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements maybe constructed. bwv Section 2.2 By the EDA. The EDA makes the following representations as the basis for the undertaking on its part herein contained: (a) The EDA is authorized by law to enter into this Agreement and to carry out its obligations hereunder. (b) The Property is zoned for purposes which include the Development as proposed. (c) The EDA has duly established the Redevelopment Plan pursuant to Minnesota Statutes Sections 469.001 through 469.047 and has created TIF District No. 1 pursuant to Minnesota Statutes Sections 469.174 through 469.179. (d) The EDA's primary objective is to redevelop the Property and provide housing and not to create employment opportunities. Section 2.3 By the Citv. The City represents that it is authorized by law to enter into this agreement and to carry out its obligations hereunder. ARTICLE III. CONSTRUCTION OF IMPROVEMENTS• PUBLIC IMPROVEMENTS• OTHER DEVELOPER OBLIGATIONS Section 3.1 Approvals and Commencement of Construction of Improvements. Promptly upon execution of this Agreement, the Developer shall (a) pay the EDA $12,500 for out-of-pocket legal, financial and planning fees relating to the negotiation and approval of this Agreement, (b) complete the Housing Plans and (c) proceed with due diligence to obtain the land use approvals necessary to commence construction of the Improvements. Housing Plans for the Improvements shall be subject to approval by the City in accordance with City design guidelines in effect at the time of approval. This Agreement shall terminate if the Housing Plans are not approved by the City on or prior to May 15, 2003. The Developer agrees that it will construct Improvements on the Property only in accordance with the approved Housing Plans. Construction of the Improvements shall commence no later than 180 days after the Developer obtains the land use approvals necessary to commence construction. Section 3.2 Completion of Construction. The Developer shall Substantially Complete at least 126 Units prior to December 31, 2005. All construction shall be in conformity with the approved Housing Plans. Periodically during construction, but at intervals of not less than 30 days, the Developer shall make reports in such detail as may reasonably be requested by the EDA concerning the actual progress of construction. 5 ~d~~ Section 3.3 Pre-Convevance Obligations of the EDA and City. The EDA shall at its expense cause soil tests and a Phase I environmental survey of the Property to be delivered to the Developer and remove all structures from the Property no later than February 28, 2003. By February 28, 2003, the City shall delineate the wetlands on the Property. By February 28, 2003 the EDA shall cause an ALTA survey of the Property to be prepared. Section 3.4 Conveyance of Property; Option to Repurchase. The City and the EDA have acquired the Property on which the Improvements are to be constructed. Subject to the satisfaction of the conditions precedent in Section 3.5, the City and/or EDA shall convey the Property to the Developer and the Developer shall purchase the Property for a purchase price of $945,000 as provided in this Section 3.4. The closing will occur within 30 days after all conditions set forth in Section 3.5 have been satisfied or waived by the applicable party, but in no event later than May 30, 2003. The City and/or EDA will convey title by Warranty Deed, which will be in recordable form and contain any covenants required by Minnesota Statutes, Section 469.029, Subd. 5 and 469.105, Subd. 6, and will be recorded, with the Repurchase Agreement described below, on the closing date by a title company reasonably acceptable to each party. The City and/or EDA shall, with the proceeds of sale, pay and satisfy the City Assessments. The Developer will pay all closing costs and costs for recording the Warranty Deed, including deed tax due on such recording. Unless otherwise mutually agreed by the City, EDA and the Developer, the execution and delivery of all contracts, deeds and closing documents and the payment of any purchase price will be made at the EDA's principal office. As a condition to closing, each party must execute and deliver the Repurchase Agreement attached hereto as Exhibit E. Section 3.5 Conditions Precedent to Conve, a~nce. (a) The obligation of the EDA to convey to the Developer the Property will be subject to the Developer's satisfaction, or waiver in writing by the EDA, of all of the following conditions precedent on or before April 30, 2003: (1) The Developer shall have obtained, and provided evidence acceptable to the EDA of, financing or sufficient equity for development of the Improvements. (2) The City shall have approved the Housing Plans for the Improvements. (3) The Developer shall have received all governmental permits and approvals necessary to construct the Improvements. (4) The EDA shall have received an opinion of Developer's counsel, dated as of the date of conveyance, that: the Developer has been duly formed and is in good standing under the laws of the state of its organization; the Developer is duly qualified to transact business in the State of Minnesota; the Developer has the requisite power and authority to enter into and perform this Agreement; this Agreement has been duly authorized by all necessary action on the part of the Developer and has been duly executed and delivered; the execution, delivery and performance by the Developer of 6 lay-R this Agreement does not conflict or result in a violation of the Developer's Articles of Organization or member control agreement; and this Agreement is a valid and binding obligation of the Developer, enforceable in accordance with its terms. (b) The obligation of the Developer to purchase the Property will be subject to the satisfaction, or waiver in writing by the Developer, of all of the following conditions precedent on or before Apri130, 2003: (1) All structures shall have been removed from the Property. (2) The Developer shall have submitted Housing Plans for the Improvements that are approved by the City. (3) The Developer shall be satisfied that the results of the Phase I Environmental Assessment and any other environmental and soil investigations do not indicate any conditions that would materially adversely affect the development of the Improvements. In the event this condition is not satisfied or waived by Developer, and after all good faith efforts have been made to cure adverse conditions, the EDA shall refund the $12,500 development agreement fee described in Section 3.1. (4) The Developer shall be satisfied that the wetlands delineated by the EDA do not materially adversely affect the proposed development of the Improvements. (5) The Developer shall be satisfied with its review of title and survey matters relating to the Property and the EDA shall have provided to the Developer a commitment for an ALTA owners title insurance policy covering the Property. In the event this condition is not satisfied or waived by Developer, and after all good faith efforts have been made to cure adverse conditions, the EDA shall refund the $12,500 development agreement fee described in Section 3.1. (6) The Developer shall have entered into a satisfactory construction contract for the Improvements and have obtained a satisfactory commitment for mortgage financing. Section 3.6. The Subsidy. The EDA is providing a subsidy to the Developer in an amount equal to the sum of the Acquisition Costs and City Dedication Fees less the purchase price paid by the Developer under Section 3.4. Section 3.7 Certificate of Completion; Payment of Subsidy. Promptly after notification by the Developer of the Substantial Completion of the Improvements, the EDA shall inspect the construction of the Improvements to determine whether they have been Substantially Completed in accordance with the terms of this Agreement. If the EDA determines that all Units of the Development have been Substantially Completed in accordance with the Housing Plans and applicable regulations, the EDA shall furnish the Developer with a Certificate of Completion as described in Exhibit B. Such certification by the EDA shall be a conclusive determination of satisfaction and termination of the ia~+s agreements and covenants in this Agreement with respect to the obligations of the Developer to complete the Improvements. Section 3.8 Fees and Assessments. The Developer shall pay the City Assessments, provided that payment of the City Assessments shall be deferred in such manner that the City Assessments are payable in installments and bearing interest in accordance with City assessment policies, with the first installment payable in 2005. The City Dedication Fees are payable by the EDA to the City at the time fees for such purposes are ordinarily payable and are not required to be paid by the Developer. In addition to the City Assessments for the Public Development Costs, the City may assess all or any portion of the Property and other benefited properties pursuant to Minnesota Statutes, Chapter 429, for that portion, if any, of the cost of the public improvements which may be lawfully assessed against such property. The parties agree that no other provision of this Agreement shall limit the right of the City to assess the Property for its respective lawful share of the assessable costs of such public improvements. In addition, the property owners shall pay the cost of usual charges for water and sewer utility service for the Property and all fees incident to construction of Improvements on the Property, except park and trail dedication fees. Section 3.9 Reimbursement of City. To the extent of any Acquisition Costs paid by the City, the difference between the Acquisition Costs and the purchase price paid under Section 3.4 represents an advance by the City to the EDA for the payment of Qualifying Costs. The EDA shall reimburse the City for the amount of the City Dedication Fees any Acquisition Costs paid by the City from the purchase price paid by the Developer for the Property and the proceeds of obligations it may issue or from future collections tax increment from the TIF District with interest and at such times as the EDA and City shall mutually determine. Section 3.10 Alder Lane. The Developer shall at its expense improve the road surface of Alder Lane to City standards on or prior to December 31, 2005. Section 3.11 Assistance for Competing Projects. The EDA and City each agree that until the earlier of one year after the Completion Date and the date on which 80% of the Units are leased they will not provide any financial subsidy to any new senior housing development which would, in the reasonable opinion of Maxfield Research, provide material competition for market share. For this purpose "subsidy" includes below-market sales of property or financing or other grants or forgiveness of fees or special assessments, but does not include the sale of land for fair market value, special assessments in the ordinary course, land use approvals or the Dakota County CDA senior project at Town Centre Drive to be constructed in 2003, for which the City has allocated an annual Community Development Block Grant (CDBG) set-aside to assist development. I~}T ARTICLE IV. LIMITATION UPON ENCUMBRANCE; PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER; SUBORDINATION Section 4.1 Limitation Upon Encumbrance of Development. Prior to the issuance of the Certificate of Completion, neither the Developer nor any successor in interest to the Property or any part thereof, shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property or any part thereof, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the Property other than the liens or encumbrances attached for the purposes of obtaining funds to the extent necessary for acquiring the Property and making the Improvements and such additional funds, if any, in an amount not to exceed the costs of developing the project without the prior written approval of the EDA. The EDA shall not approve any Mortgage which does not contain terms which conform to the terms of this Article IV of this Agreement. Section 4.2 Representation as to Development. The Developer represents and agrees that its undertakings pursuant to the Agreement are for the purpose of implementation of the Development and not for speculation in landholding. The Developer further recognizes that, in view of the importance of the Development to the general welfare of the EDA and the substantial financing and other public aids that have been made available by the EDA and the EDA for the purpose of making the Development possible, the qualifications and identity of the Developer are of particular concern to the EDA. The Developer further recognizes that it is because of such qualifications and identity that the EDA is entering into this Agreement, and, in so doing, is further willing to rely on the representations and undertakings of the Developer for the faithful performance of all undertakings and covenants agreed by Developer to be performed. Section 4.3 Prohibition Against Transfer of Property and Assignment of A egr ement. For the reasons set out in Section 4.2 of this Agreement, the Developer represents and agrees that, prior to the completion of the Improvements as certified by the EDA: (a) Except only (i) transfers to an entity effectively controlled by the Developer which has assumed by written instrument satisfactory to the EDA all of the Developer's obligations hereunder and (ii) transfers or encumbrances for the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to the Development under this Agreement, and any other purpose authorized by this Agreement, the Developer, except as so authorized, has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Development or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the EDA; and ia~i ~ (b) The EDA shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval under this Section 4.3 that: (i) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the EDA, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer, or, in the event the transfer is of or relates to part of the Development, such obligations to the extent that they relate to such part. (ii) Any proposed transferee, by instrument in writing satisfactory to the EDA and in form recordable among the land records, shall for itself and its successors and assigns, and specifically for the benefit of the EDA, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to such obligations, restrictions and conditions or, in the event the transfer is, of, or relates to part of the Development, such obligations, conditions, and restrictions to the extent that they relate to such part; provided, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development or any part thereof, shall, for whatever reason, not have assumed such obligations or agreed to do so, shall not, unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the EDA, relieve or except such transferee or successor from such obligations, conditions, or restrictions, or deprive or limit the EDA of or with respect to any rights or remedies or controls with respect to the Development or the construction of the Improvements; it being the intent of this Section 4.3, together with other provisions of this Agreement, that to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement no transfer of, or change with respect to, ownership in the Development or any part thereof, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the EDA, of any rights or remedies or controls provided in or resulting from this Agreement with respect to the Development and the construction of the Improvements that the EDA would have had, had there been no such transfer or change. (iii) There shall be submitted to the EDA for review all instruments and other legal documents involved in effecting transfers described herein, and, if approved by the EDA, its approval shall be indicated to the Developer in writing. In the absence of specific written agreement by the EDA to the contrary, no such transfer or approval by the EDA thereof shall be deemed to relieve the Developer from any of its obligations with respect thereto. Section 4.4 Approvals. Any approval required to be given by the EDA under this Article N may be denied only in the event that the EDA reasonably determines that the ability of the Developer to perform its obligations under this Agreement will be materially impaired by the action for which approval is sought. io Ids} V Section 4.5 Subordination and Modification for the Benefit of Mortgagees. (a) In order to facilitate the obtaining of financing for acquisition of the Property and the construction of the Improvements by the Developer, the EDA agrees to subordinate its rights under this Agreement except its rights under the Repurchase Agreement to the holder of any mortgage entered into for the purpose of obtaining such financing. (b) In order to facilitate the obtaining of financing for the construction of the Improvements, the EDA agrees that it shall agree to any reasonable modification of this Article IV or waiver of its rights hereunder to accommodate the interests of the holder of the mortgage, provided, however, that the EDA determine, in its reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the EDA with respect to the Development. ARTICLE V. EVENTS OF DEFAULT Section 5.1 Events of Default Defined. The following shall be deemed Events of Default under this Agreement and the term shall mean, whenever it is used in this Agreement, unless the context otherwise provides, any one or more of the following events: (a) Failure of the Developer to commence and complete construction of the Improvements pursuant to the terms, conditions and limitations of Sections 3.1 and 3.2 hereof; (b) Failure by the Developer to observe and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder; (c) If the Developer shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Development; (d) If the Developer shall file a petition under the federal bankruptcy laws; or (e) If the Developer, on a petition in bankruptcy filed against it, be adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order of decree appointing, without the consent of the Developer, a receiver of the Developer or of the whole or substantially all of its property, or approve a petition filed against the Developer seeking reorganization or arrangement of the Developer under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stayed within 60 days from the date of entry thereof. 11 Idy ~ Section 5.2 Remedies on Default. Whenever any Event of Default occurs, the EDA and the City may, in addition to any other remedies or rights given the EDA and the City under this Agreement but only after the Developer's failure to cure within 30 days of written notice of default, take any one or more of the following actions: (a) suspend their performance under this Agreement until they receive assurances from the Developer, deemed reasonably adequate by the EDA and the City, that the Developer will cure its default and continue its performance under this Agreement; (b) terminate this Agreement; or (c) take whatever action at law or in equity may appear necessary or desirable to the EDA or the City to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 5.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the EDA and City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the EDA, the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article V. Section 5.4 No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE VI. ADDITIONAL PROVISIONS Section 6.1 Conflicts of Interest; Representatives Not Individually Liable. No EDA or City officer who is authorized to take part in any manner in making this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. No member, official, or employee of the EDA or City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the EDA or City or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. 12 la~-x Section 6.2 Non-Discrimination. The provisions of Minnesota Statutes, Section 181.59, which relate to civil rights and non-discrimination, shall be considered a part of this Agreement and binding on the Developer as though fully set forth herein. Section 6.3 Notice of Status and Conformance. At such time as all of the provisions of this Agreement have been fully performed by the Developer, the EDA upon not less than ten days prior written notice by Developer, agrees to execute, acknowledge and deliver to Developer or to any person designated by Developer a statement in writing in recordable form certifying the extent to which this Agreement has been fully performed and the obligations hereunder fully satisfied. Section 6.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by mail, postage prepaid, return receipt requested or delivered personally: (a) As to the EDA: Executive Director Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122 (b) As to the City: City Administrator 3830 Pilot Knob Road Eagan, MN 55122 (c) As to the Developer: Kristi Olson Chief Manager/President Keystone Communities of Eagan, LLC 5200 Willson Road, Suite 150 Edina, MN 55424 or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section 6.4. Section 6.5 Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. Section 6.6 Additional Property and A~eements. The City and EDA acknowledge that the Developer has an interest in acquiring all or a portion of certain additional property ~~4Y which is described in Exhibit D. The Developer shall report to the City and EDA the status of its efforts to acquire such property on or prior to August 1, 2003, whereupon the City and EDA shall consider extension of a preliminary development agreement regarding such property upon payment of $12,500 to cover out-of-pocket legal and consulting costs. 14 I~~} Z IN WITNESS WHEREOF, the EDA, City and Developer have caused this Agreement to be duly executed as of the day and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY President By And By Executive Director KEYSTONE COMMUNITIES OF EAGAN, LLC By Its Chief Manager/President And By Its Secretary/Treasurer CITY OF EAGAN By Mayor And By City Clerk ~.4 flfl STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , by and the President and Executive Director of the Eagan Economic Development Authority, a municipal corporation under the laws of the State of Minnesota, on behalf of the Economic Development Authority. Notary Public i~~ STATE OF MINNESOTA ) ss COUNTY OF 1 The foregoing instrument was acknowledged before me this day of , by ,the Chief Manager/President and the Secretary/Treasurer of Keystone Communities of Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 17 ll,~} ~ STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , by and the Mayor and City Clerk of the City of Eagan, a municipal corporation under the laws of the State of Minnesota. Notary Public M 1:941033.04 iasFDn EXHIBIT A DESCRIPTION OF PROPERTY [Legal description of parcels with PID Numbers 104445001001, 104445002001,104445003001, 10445004001, 104445010101 and 104445006101, less land required for roadway] A-1 1~`'1 EXHIBIT B CERTIFICATE OF COMPLETION The undersigned hereby certifies that Keystone Communities of Eagan, LLC has fully and completely complied with its obligations under that document entitled "Development Agreement," dated January _, 2003 between the Eagan Economic Development Authority, the City of Eagan and Keystone Communities of Eagan, LLC with respect to construction of the Improvements in accordance with the approved construction plans and is released and forever discharged from his obligations to construct under such above-referenced Development Agreement. DATED: ECONOMIC DEVELOPMENT AUTHORITY By: Its Executive Director B-1 k~4 ~~ EXHIBIT C Housing Plan Documents The Housing Plans consist of C-1 1a4 ~ ~ 1/15/03 EXHIBIT E Form of Repurchase Agreement REPURCHASE AGREEMENT This Agreement is made and entered into this day of , 2003, by and between the Eagan Economic Development Authority, a Minnesota municipal corporation (the "EDA"), the City of Eagan, a Minnesota municipal corporation (the "City"), and Keystone Communities of Eagan, LLC, a Minnesota limited liability company (the "Developer"). WHEREAS, the EDA, City and Developer have entered into a Development Agreement, dated as of January ,, 2003 (the "Contract") relating to the development of a certain tract or parcel of land situated in Dakota County, Minnesota, and being more particularly described on Exhibit A attached hereto and by this reference incorporated herein, hereinafter called "Property." WHEREAS, contemporaneously herewith the EDA and the City have conveyed to Developer the Property. NOW, THEREFORE, in further consideration of this conveyance and in furtherance of the understanding between the parties, Developer hereby grants to the EDA the following option to repurchase the Property; Section 1. REPURCHASE: If (a) Developer has not entered into a bona fide contract with a reputable builder for the construction of the Improvements (as defined in the Contract) on the Property and (b) such builder has not commenced construction thereof within one hundred eighty (180) days after Developer has received the last governmental approval deemed necessary by the City to permit the construction of the Improvements, then the EDA may at its option repurchase the Property for $945,000 less the amount of any liens on the Property resulting from action by the Developer. The EDA may exercise this option to repurchase by giving written notice to Developer within thirty (30) days of the expiration of the 180-day period. Upon receiving the repurchase price in cash (less any mortgage balance the EDA is willing to assume) from the EDA (which amount must be paid within thirty (30) days after the notice of option exercise is given), Developer shall convey to the EDA by limited warranty deed the Property free and clear of any encumbrances placed or suffered thereon by Developer except any mortgage acceptable to the EDA. ~a4 HN Section 2. RELEASE: If written notice of option exercise is not timely given to Developer or if Developer enters into the required contract and begins construction within the required period, this option to repurchase shall terminate absolutely and the EDA shall upon Developer request, execute and deliver to Developer a release of this repurchase right in recordable form. Section 3. NOTICE: All notices, demands and requests required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either by personal delivery or by depositing the same in the United States Mail, addressed to the EDA or to Developer, as the case may be, prepaid and registered or certified mail, return receipt requested, at the following addresses: To Developer: Keystone Conununities of Eagan, LLC 5200 Willson Road, Suite 150 Edina, MN 55424 Attention: Kristi Olson To the EDA: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 Attention: Executive Director Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof, to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Section 4. MISCELLANEOUS. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories hereto, to the successors and assigns of Developer who become owners of the Property and to the successors and assigns of the EDA to whom the right, title and interest herein is specifically assigned. Either party may record this instrument in the appropriate real estate records. E-4 la4 it IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the day and year first above written. DEVELOPER KEYSTONE COMMUNITIES OF EAGAN, LLC By: Its: Chief Manager/President By: Name: Michael J. Lewis Title: Secretary/Treasurer STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me, a notary pubic, this day of , 2003, by ,the Chief Manager/President and ,the Secretary/Treasurer of Keystone Communities Limited Liability company, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public E-4 Idyl TJ' EDA EAGAN ECONOMIC DEVELOPMENT AUTHORITY By:-. Name: Title: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me, a notary public, this day of , 2003, by ,the of Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Faegre & Benson LLP (SCR) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 Phone: (612) 766-7000 M 1:941033.04 ~a41:K EXHIBIT A Property Legal Description INSERT TO COMEJ M 1:941033.04 i~i~