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 ~~.
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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
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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.
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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 ~,~ .
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city of eagan
PETITION
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We supP~ort this request with the following reasons:
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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.
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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
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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.
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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
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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
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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.
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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
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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
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(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
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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
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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
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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
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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
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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
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EXHIBIT C
Housing Plan Documents
The Housing Plans consist of
C-1
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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
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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
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EXHIBIT A
Property Legal Description
INSERT TO COMEJ
M 1:941033.04
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