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03/06/2000 - City Council Regular PIDI B. CONTRACT 00-04, approve plans/order ad for bids (Duckwood Drive - Street Overlay) X. NEW BUSINESS (TAN) P A. PLANNED DEVELOPMENT AMENDMENT - Torgerson Properties, to amend the signage for Staybridge Suites to allow a wall sign on the south side of the building, located at 4675 Rahncliff Road on Lot 2, Block 1, Rahnridge 2nd Addition in the NE V4 of Section 31 If)( d 0 B. PRELIMINARY SUBDMSION - Zirnhelt Properties, LLC, (Eagandale Office Park 5th Addition) of approximately seven acres to create two lots, legally described as Lot 1, Block 1, Eagandale Office Park 2nd Addition, located at 1365 Corporate Center Curve in the NW V4 of Section 3 C. INTERIM USE PERMIT - Northwest Airlines, to allow the use of portable classrooms for one year, located at 2600 Lone Oak Point on Lot 1, Block 1, Lone Oak Second Addition in the NE % of Section 1 XI. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) pys-A. AIRPORT mitigation legislation XII. ADMINISTRATIVE AGENDA (GREEN) 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 with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Updated 3/2/00 - 3:05 p.m. MINUTESOF SPECIAL ME hNG OF THE EAGAN CITY COUNCIL AGAN, MINNESA wnft- A special meeting of the Eagan City Council was held on Tuesday, February 15, 2000, at 5:00 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Blomquist, Carlson and Masin. Councilmember Bakken was absent on military leave. Also present were City Administrator Mf,;; o ; , , .`',3d ldon, Director of Finance VanOverbeke, Captain Swanson, ~trai'tHiYf[i`d Assistant City stator Foote, an Administrator Duffy. tNDA Councilmember Masin asii t0add the'4t isa~bn her memo of February 14, 2000 to the agenda. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the agenda as amended. Aye: 4, Nay: 0 VISITORS TO BE HEARD Mayor Awada asked if ariX: gr:of the audience wished to address the Council. No one did. REVIEW EAGAN CITY CO IL R!M$t3'VROCEDURES AND PUBLIC PAR'T;I~k#~~5 CTIbELINES Point number one on CotiiiU member Masin's memo involved watching a tape of a City of Burnsville City Council meeting and was scheduled later in the meeting. Mayor Awada read Councilmember Masin's point number two from her memo, as follows, "If the Council is going tQ,se Roberts Rules of Order, all Councilmembers should have copies of specific book, documen 8i:ce#CTK Ate being used so we can all be on the same page. The resources should'also~i'ifafife'to the public." Councilmember Masin suggested that everyone have the same editibK-bf Robe0 Rules of Order as well as the other references. City Attorney Sheldon explaine4:0* t Robeilft Rules of Order had been around since the 1860s and that he did not think there wasuch dift.iice between the editions. City Administrator Hedges stated that the City Code establiS3iJd the use of Robert's Rules and that, about fourteen months ago, the Council adopted the ninth edition. He stated that he had also given copies of Chapter Six( Elected officials and council structure and role) of the League of Minnesota Cities' "Handbook for Minnesota Cities" to all members of the City Council. City Administrator Hedges said that the City had purchaseii.three copies of Robe rt's Rules of Order and also a "Cliff Notes" version. He offered to get moAt*ppies for the Council. He stated that the City uses the League Handbook as a reference be4Q the City of Eagan is a statutory city established by the Legislature. Councilmember Masin asked if these resources..ere available to the public. City Administrator Hedges said they certainly could be m*vailable. Councilmember Masin requested that both be made available and suggested Rg copies in the lobby. City Administrator Hedges said there was no problem doing that and that the City could also have copies available in the Council Chambers. Special City Council Meeting Mir February 15, 2000 Page 2 Councilmember Masin asked City ~Aftoriiey Sheldon what he used as references. City Attorney Sheldon replied that he used a variety of resources. Councilmember Masin stated that anything being used as a reference should be available. Councilmember Carlson said that she would like a copy of Councilmember Blomquist's Robert's Rules of Order flip cards. Councilmember Blomquist stated ;9o tti? :8 old make some. City Administrator Hedges asked if Councilmemberswo$'fik0 : opy o(TW larger or smaller book. Councilmember Blomquist said she would Blt2 a copy 4#8e smaller book. Mayor Awada read Councilmeml~i,;itsiri s pggi number three from her memo, as follows, "Discussion point- The CstiR$:,7itil3;8t8:iieif of the Council Agendas prior to public distribution. The Council should know what is or'i't2i'e*Agenda before having to field questions on the Agenda. Secondly, the Councilmembers would have an opportunity to make corrections and additions in a more timely manner." Councilmember Masin stated that it seemed members in the community actually got to see City agendas before she did. She said she would like the City Council to at least see the agenda before the agenda was finalized and have a chance to make some comments and know : p'%'t ;HCas on it before they received any questions about it. Councilmember Carlson asked whti*v A.before the Council. City Administrator Hedges explained that, on the Tuesday precedip .Council meeting; a staff agenda review meeting is held. He explained that son* items forlhq..44 da are already known because they have been scheduled at previous City Citi1l~if;sbRs father items are forwarded from the various departments to the Admis}ieGxefary who prepares the first draft of the agenda. He explained that, at the agenda re&$?i?c iieeting, items are discussed in order with each staff member giving the background din items from their departments. Sometimes staff finds items that are not yet ready to be on the agenda and removes them. Also, some new items are added at this time. After the review, the Administrative Secretary prepares the final agenda and faxes it to the newspapers on Wednesday. Therefore, he stated, reporters could have access to the agendas before the Council received their. o . dg AIsQ..the agenda is posted on the City 's web page. He stated that the City Coyer #$upport information first. Councilmember Masin asked if staffld fax {elagenda to the Mayor and Council on Tuesday before it was faxed to the newspap MayorrA. vada asked Councilmember Masin if she wanted to see the agenda before it was pti'lilic in o-% to change the agenda or just wanted a copy of the final agenda. Councilmember Masin replieat it worked both ways. She said, first, it was the Council's agenda and that Councilmembers should see the agenda first. She said, secondly, in case they want something added or catch something or have questions, there would be time to' change it before it was published. Mayor Awada stated that she would love to have the agenda early but not in order to change it. She said:* Mayor or any two Councilmembers % could presently add anything they wanted to the agen . x fore it was published. Councilmember Blomquist stated thAtIle.agQa i;5•gpietimes changed after the agenda is published. Mayor Awada statect:AtjA#bRl Administrative Agenda came out. Councilmember Blomquist said tai[ StisiefiifiPS 1teiHS''112rve been added at the actual meetings. City Administrator Hedges said that sometimes an it ' mes up that staff knows is non- controversial and they might add it, but that this is rai:X;d staff needs to use good judgment. Mayor Awada stated that she did not want the Councilmembers editing staff's agenda. Councilmember Masin stated that it is the Council's agenda and that the Council should be in control of the agenda and see it before anyone else. Mayor Awada said she believed the Council should see the agenda in advance but that she was concerned about the City Council editing the Special City Council Meeting Mindaf4February 15, 2000 Page 3 agenda. Councilmember Carlson stated tliaf'a11 did not see how the Council could because most of the items are public procedure. She suggested that the Council may have to agree not to edit the agenda, but there may be a time when it was necessary, but that would be rare. City Administrator Hedges said that if a Councilmember had an item that they thought should go on the agenda, they could call the Moi#a k e::' review meeting on Tuesday. He stated that staff would be happy WAY tti& gei Ad-ffie pencil on Wednesday. Councilmember Masin said that the. cil alrea y had a procedure where two members could add an item to the agenda. d y.wer ;freally changing the rules. She said that sometimes seeing the agenda i;ucp; $38-said if they saw the agenda before it was published, there would be a cfianceto add itei i :for public distribution. Councilmember Blomquist said she knew they could all add items and how to do it. She stated she was more concerned about how the agenda was handled once it was put together. She said she had asked Administrative Secretary Karels to pull some old agendas. She stated that the Consent Agenda was not added to the regular agenda until 1980. She added that the agendas had not changed, but that the procedure had changeling how meetings were handled under Robert's Rules of Order. She said the Consent Age#a;:it.Ft of Robert's Rules but of other rules and that how the Consent Agenda is used was mere 2$sciiiftilr. Mayor Awada requested that Ca~i&?ck to the current point and that discussion of the Consent Agenda itsdf 3dw. Councilmember Carlson stated that even if the agenda was sent to the papefS tsi W 3nesday, it was not published until Saturday. City Administrator Hedges said that once the agenda was sent to the press, put on the Web page and posted, the Council could receive a call. Therefore, he added, City Councilmember Masin was suggesting that staff fax the agenda to the Council on Wednesday so the Council would know what was on the agenda and that staff could do that. Mayor Awada said it would be great to get it faxed to them but not in order tq,•it;s a~etul~;;uncilmember Masin said she was not suggesting changing the rules. Sl... 3fCR ;3 ui the agenda early, they would know what was on it and would be able to change it-heore publication so it could be more accurate. Mayor Awada stated that the Council was irr,; eement:ftt the agenda would be faxed to them before it was faxed to the papers. Councilmidier Carljcrequested that a time line as to where a development was in the legal time limit beQed to t;iacket information. Mayor Awada read Councilmember Masin's fourth point from her memo, as follows: "Discussion point - Official Parliamentarian. The effectiveness of our current process needs to be evaluated." Councilmember Masin said that during the past year, she had asked questions of the current Official Parliamentarian but had not gotten deft* e answers. She said what the Eagan Council is doing with the Consent Agenda is not stand#,d,.'practice and that some of the City Councilmembers were not aware of , }at At jie last mgee She suggested that the Council appoint another parliamentarian e•,4,'+2;A'?t?i'? to help the Council. Mayor Awada asked Councilmember Masin what b.Ma qfteyfteaiiY.''~Lduncilmember Masin replied that the City Council had had a number of controversial meetir}ver the Consent Agenda. She said she remembered one meeting where members argued for testy minutes over the Consent Agenda; and, at that time, neither the presiding officer of the meeting was aware and it was not brought to the Council's attention that what the Council was doing with the Consent Agenda was not standard practice. She said other people went to other meetings and knew what was standard practice and that for them to come to Eagan's meetings and see the Council displaying unusual Special City Council Meeting Min4ft February 15, 2000 Page 4 behavior because they were dealing with iiitti3ti?'riles.was embarrassing. She said it should not have been done more than once. Mayor Awada said that the information packet for this meeting regarding the Consent Agenda indicated that cities handl#yq: many different ways. Councilmember Masin replied that'tlie'L`~'r[y' giae? Ora t been aware that they were doing something unusual. She said people who cd :to Eagafiineetings have certain expectations of Robert's Rules and that Robert's Rules were ,4 tp.ke meetings run smoothly. She added that the Eagan Council meetings hpgp 1lowe~ othly. Councilmember Blomquist said that, if Councilmember MasirtW*k a itur?cil was not doing things according to Robert's Rules of Order, a ConsentAgenda was itbti'jtrYt of Robert's Rules. She stated that the Council should decide how they wanted to handle the Consent Agenda and then follow that procedure. Mayor Awada stated that Robert's Rules were applied to a particular agenda format but did not prescribe an agenda. Councilmember Carlson asked what the Official Parliamentarian is doing at each meeting and what he should be doing. City Attorney Sheldon answered that he was designatedal Parliamentarian. He added that there are certain things that the Official Parliamentarian w W*it p -tit do and certain things a presiding officer was supposed to do. He said the presiding officer *a* official decision and then may ask the parliamentarian's opinion on it or the i4oiamentarian map' alert the Council if he believes they are doing something seriously wrong. i yQF A.W..A. ~ slt ti what state law said the official role of the mayor was. City Attorney Sbeldfi t 5 W:I&ait state law mandates that the mayor presides at Council meetings and that the ••rty~: c iiilcil has the right to regulate its procedures. He added that there are specific requirements for certain procedures such as public hearings, notices, and votes required for various kinds of actions that the City Council takes; however, other than those items, there are not mandated requirements. Mayor Awada said that, according to the League of Minnesota Cities Handbook, the Mayor is the presiding officer and the role of the parliamentarian is to advise the p esi j :a#ic.. S'd that the Mayor can make a call on a procedure. She added that it taklftl A c,#3 ' zo5d urn that call. Councilmember Masin said she was lbdking fof:meetings to flow more smoothly and that they were.not. She stated that the Couriypeeded to get the meetings on track. She added that the Council needed to get someos+At the n>Kngs who could help the Council. Councilmember Carlson told Councilmember Masin thit seemed to her that Councilmember Masin meant that she was looking for meetings to run more smoothly rather than meaning the parliamentarian was not doing his job. City Councilmember Carlson asked City Councilmember Masin what the parliamentarian could do differently and what she thought the Council should do to solve any stalemate. Councilmember Carlson susted possibly taking a recess. City Councilmember Masin replied that taking a recess wa9;Qood idea, but that the Council needed someone to provide accurate inforrnatiop, fLnd that the 6biincil had not had that. Councilmember Carlson asked Councilmember#i82;k 'tad received wrong information during a meeting from the parliamentar~iiytiir 1~sei#a~?eii or when the Council had received a poor call on Robert's Rules of Order. Councilmemberlson told Mayor Awada that she though what Councilmember Masin was saying was tthe parliamentarian was not giving the right advice on procedure and that she was asking Couric'ilmember Masin when that had happened. Councilmember Masin said that, in the meetings when the Council was working with the facilitator, they received some critiquing of Council meetings and some suggestions on how to improve. She stated the Council no longer does that and that could be part of the problem. Special City Council Meeting Mina February 15, 2000 Page 5 She added that people who came to the eetings were appalled by the Council's conduct. Councilmember Carlson stated that the role of the parliamentarian was to give advice about procedure. She repeated her question to Councilmember Masin as to when the Council had received bad advice from the parliamentarian. Councilmember Carlson suggested that if something did not seem right, the { 1d . W* ll a recess. She added that it was not the role of the parliamentarian to >i'takeai3ie;t ittai stfKthe meetings work. Mayor Awada stated that Councilmember Carlson was rigl#t hd that tincilmember Masin had not answered the question as to when the Council had recgwcd wron&•44vice from the parliamentarian. Councilmember Masin said that maybe it. ;lack o(. ';vice from the parliamentarian. Mayor Awada stated that conduct and foWWA ri1S:*Wi wo different things. Councilmember Carlson asked Councilmember Masiii if she warifi 'i11 parliamentarian to interrupt procedures at Council meetings. Councilmember Masin replied in the negative. Councilmember Masin said the reason she had brought this up was that the staff was normally coming from certain perspectives and that she thought that, if the Council brought in a parliamentarian who was not part p, The..e ;regular City business, the Council might be able to have a little more dialogue about how f6: ispi'0;tu meetings. She said she thought that it took a special background to be a parliamentarian .not know if one could get all that background being an attorney or a City AiYiministr dr... M .llyor Awada stated that the role of a parliamentarian was to advise the may on par•} 3 7o cj#i y procedures and that was the only role. She asked Councilmember Mzsit?; js t digs ei'fiamentarian had to do with the conduct of individual members of this Co ember Masin said she thought this City Council needed help in getting through th frmeetings in a more efficient manner. Mayor Awada stated that the problems had nothing to do with the parliamentarian and nothing to do with the rules but with behavior. Councilmember Blomquist commented that she knew on certain occasions Councilmembers had asked for a parliamentary ruling and that she did not know if they had gotten an answer. She said she tlo .tha.b9fpre.ttw po 'liamentarian could speak other Councilmembers jumped in and i 4 t t $ b i k e r r Carlson suggested that if the Council did get to stalemate about procedure., eMayor could call a recess so the parliamentarian could consult references anat¢swer pions and that the Councilmembers should not speak before the parliamentariarit. Couriii3t}nember Masin stated that was one way to solve the problems. Mayor Awada read Councilmember Masin's point number five from her memo, as follows, "Discussion point- Councilmember Bakken's 'Agenda Format.' This should not be included with official documents. My.iecollection is that the Councilmember put this forward as a aid for workshop discussion. The City Administrator. confirmed that the Council has not given official sanction to this document. I would like t :ow the reference for item '8.1." Mayor Awada asked if the City Administrator would like'to answer this question. City Administrator Hedges replied th9 }i q{t W 41 r.*nd between the two Council meetings in January of 1999; there were wdit9•ftop effrigsl if~~ii+fth a facilitator to talk about practices at meetings, going to a more formal process following; tbert's Rules of Order, conduct, and other procedures. The Council was informed that propires would be different than the less formal procedures of the past. City Administrator Hedges said he had a list of items the facilitator had put together. He said that Councilmember Bakken had taken upon himself to write a list of how he saw the meetings proceeding and to provide a handout or guideline for the City Council to use at the beginning of the meetings. City Administrator Hedges stated that Special City Council Meeting MinW • February 15, 2000 Page 6 Councilmember Masin was correct and thisfi2it'l never been officially adopted. Mayor Awada stated she thought it was created as an aid to help the City Council understand Robert's Rules of Order and how they applied to this Council's particular agenda format. Mayor Awada said the 8.1•:##.nt Agenda and says, "If items are pulled [from the Consent Agendar.,Imiist'$a ;h"'iiotiiii the time of the regular agenda adoption, subject to regular motion practice.=?: 1ayor A,s'd*$a asked how this concerned Councilmember Masin. Councihnember Mpsp said shq.kvas concerned about item 8.1 in the handout because it was a stumbling block * at 8.1. :the only document that referenced this procedure. Mayor Awada aslii,2d. t i . fto i # on if, according to Robert's Rules, once the agenda is approved, everything t~iat is done ifAi meeting had to be accomplished through a motion. City Attorney Sheldon replied that that was correct. Mayor Awada stated that 8.1 was correct under Robert's Rules of Order. Councilmember Carlson said that the way it was explained to her was Robert's Rules and what the Council should be doing. She said that, even though the Council had not acted officially, they had followed this practice. She added that Consent was not in Robert's Rule s } doer Mayor Awada asked if somebody could explain that the Consent Agenda format, }li~i,4i#1fibOgative Agenda format and minutes had nothing to do with Robert's Rules. Councilmember Masin requester that a.id d brought to the meeting showing how the City of Burnsville handled. tbe•. enda be played. She stated that it showed the typical way councils handled the #t'Agenda. Councilmembers agreed. A segment of the tape concerning the Consent Ageiiia was played. After the tape was stopped, Councilmember Carlson asked if the City of Eagan followed the City of Burnsville's format. Mayor Awada replied in the negative and added that Eagan used to allow individual no votes on items. She added that Burnsville does not allow discussion on an item on the Consent Agenda unless it had been pulled and that Eagan does AW: ;c}jsrussi4R . ;She ;al$o stated that if, a Burnsville City Councilmember wished to pull a i i di%t Benda, they had to notify staff in advance so staff could notify the applicant. a emphasized that a Councilmember had to pull the item in advance and with a reason. Coui; embe1 omquist stated that this was originally the way Eagan had handled the Consent Ag,a. She at first Councilmembers had been pretty good about calling in and alerting staff: they in(%i<led to pull an item. She stated that she remembered when City Administrator Hedges first sugg`eted using the Consent Agenda, she brought it to the Council and the Council agreed to use it and it worked well for many years; however, through the years the procedure had gotten lax and Councilmembers just pulled items. Councilmember Blomquist said she liked the way the City of Burnsville handled the Consent Agenda and she would consider using that process. Cvt* ilmember Carlson stated she also liked the procedure at the City of Burnsville. Howevei?:5#ie stated, she wanted to wait before the procedure was changed until Councilmember Bakken f reed from duty so that it could be a full Council decision. Councilme t'iS :*tid said the Council should move ahead on procedure. Cotmcilmember Cstili 13iei'1'~tii'•~ovuld only be two meetings before Councilmember Bakken returned, and she would be v iU pg to consider a new procedure at that. time. Mayor Awada said she thought that they should ait for Councilmember Bakken. She added she did not think the problems were procedure,'tfiat they were based on abuse, and that the problems had started the preceding August when Councilmembers were pulling two-thirds of the items off the Consent Agenda to try to make statements. Councilmember Masin said that all of the Councilmembers were elected as individuals. She said that if a Councilmember feels an Special City Council Meeting Minim' February 15, 2000 Page 7 item is controversial, then it is to that Couiic'> iti'bc1'Yier. She stated that Councilmembers should be allowed to pull items off the Consent Agenda and that it should not become a controversy and interrupt the flow of the meetings. Mayor Awada asked if Councilmember Masin understood that it was a decision for the voting majority of the City Council whether or not an item was pulled. Councilmember Blomquist moved, f cilmei Malin seconded a motion to reschedule this workshop item on procedure¢ ?d parti..*rly the Consent Agenda to the next workshop where all City Councilmembersiy?iCit~d be prbit and seriously consider following the City of Burnsville's procedure for t;fwhgI 7; dye: 4, Nay: 0 City Administrator Hedges said he would bring a protiosed*aate to tfie~ 'teAtmeeting. Margaret Schreiner asked from the audience if the City Council would be willing to look at how members of the public could be part of the discussions of Consent Agenda items and also a procedure for the public to remove items from the Consent Agenda. She also said it was difficult understanding the use of two;4i{ferent terms and asked if the Council had "adopted" or "acknowledged" Robert's Rules. t#oi% .•$heldon said adopted. Ms. Schreiner asked how to find this. City Attorney replied this wte'..,Qok. OtR#t; SS There being no further bu iWeM meeting was adjourned at 6:15 p.m. HND Date City Clerk MU UTES:# :i0j: : ING OF THE Wan" Eagan, Minneso : February 15, 20QQ., A regular meeting of the Eagan on Tuesday, February 15, 2000 at 6:30 p.m. at the Eagan Municipal Center. Pres~i wada and Councilmembers Masin, Blomquist and Carlson. Also present were City ~idministrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Boy Scout Troop 171 led the Pled &e of Allegiance. Councilmember Carlson moved, Mayor,.Aada seconded a motion to approve the agenda as presented. Aye: .4 Nay: 0 UTES 3 UAIt'Y' MEETING Councilmember Masin requested the first sentence on page two under Minutes of the January 13, 2000 Special City Council Meeting be changed as follows, "Councilmember Masin requested that the second to the last sentence on page five be changed as follows, "Councilmember Masin suggested that this is a City Council job peekle list." Councilmember Blomquist movei3;:<'if#Q~r Carlson seconded a motion to approve the minutes as amended. Aye: 4 Nay: IS Phil Souchery, 3725 Drexel C ct :V6 a on behalf of the Eagan OPEN and explained the group's purpose. He applauded the Council for being receptive to an open government. He stated that the group is nonpartisan and is concerned about how City government is conducted. He extended an invitation to the next meeting on February 2S at 6:30 p.m. at the Wescott Library. ,N.5%. TATIONS RECOGNITION OF ADVISOR)C,i`OM!vfl 51ON MEMBERS' SERVICE The following outgoing commission mers werknowledged for their service to the City: Airport Relations Commission - Tom Pedersen Advisory Planning Commission - Larry Frank and Ron Miller Advisory Parks Commission - Lee Markell, Bonnie Karson and Robert Douglas Kane, Jr. Burnsville/Eagan Telecommunications Commission - Jerry Sowells Economic Development Commission - Cathy Clary acid John Young Solid Waste Abatement Commission - Floyd Hiar Lee Markell stated that it has ;t tt ~ ler ;~;tc ;s i on the Advisory Parks Commission for the past nine years. AWARD TO CABLE ACCESS FACIL1W. IAFF FROM U.S. NAVY Personnel from the U.S. Navy Recruiting Office presented an award to Cable Access Facility staff for the help given to the recruiting office over the past few years. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 15, 2000 PAGE 2 SS Fire Chief Craig Jensen noted tlih'*c.3Xief segmen stbt11d be aired on KARE 11 regarding the Wfire difficulty fire departments are having in fighters for day shifts. He assured the Council and the public that the City of Eagaii•4diB-scii#e•"day volunteer firefighters. DA..T.E JP tSUS' 200(I W.- City Administrator Hedges proxu3eA;, v V d At :.tt Census 2000 Readiness Event held on February 8. , CONS.: AG A. A. Personnel Items rove-the hiring of is y Grieve as a Building Inspector in the Item 1. It was recommended to app Community Development Department. Item 2. It was recommended to approve the hiring of Jill Gilbertson as a Clerical Tech IV in the Police Department. Item 3. It was recommended to appr d.- onas as a part-time Clerical Tech III in the • • .of Ka ef~id • h' J Police Department. Item 4. It was recommended to approve thi }iringNIA ? germeyr, Jarrett Capstick, Emily Kiatt, John Koniges, Danelle Larson, Tammy Mach; E~Q:`~d, a and Rachel Ramaker as seasonal lifeguards at Cascade Bay. Item 5. It was recommended to approve the hiring of Amy Bardis as a seasonal lifeguard shift leader at Cascade Bay. Item 6. It was recommended to approve the hiring of Eve St. Peter and Ben Elton as seasonal guest relations workers at Cascade Bay. Item 7. It was recommended to approve the hirul~of Irlisa 5wenson and Megan Lindwall as seasonal concessionaires at Cascade Bay. B. Exemption from lawful amblin license A •Valle ber of Commerce to conduct a raffle on March 31, 2000 at the Royal Cliff Bang get Fa illty. It was r amended to approve a resolution providing for an exemption from the lawful gambling license requirement for the Apple Valley Chamber of Commerce to conduct a raffle on March 31, 2000 at the Royal Cliff Banquet Facility. C. Extension for recording the Final Plat of Gramercy Parl 4 Eagan - Gramercy Corporation. It was recommended to approve a 90-day extension of the record;cbg requirement for Gramercy Park of Eagan located north of Yankee Doodle Road and east of Coachmarii Oad within the SW /4 of Section 9. D. Extension for recordin Conditio • Com an It was recommended to • 'tiorial tree Permit for Tyler Jay Company for approve a 60 day extension for recording the on property located at 1725 Meadow View Road, in the NE'I:tflection 8. E. Receive feasibilit report schedule public hearing, 0 eive the draft feasibility report forh Frontage Road Street Improvement It was recommended to re Project 750 (TH 55/Blue Water Road - Access Modifications and Frontage Road Improvements) and schedule a public hearing to be held on March 6, 2000. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 15, 2000 PAGE 3 F. Approve Revocation of Restricted MeesMgreement (#1aSibley Memorial Highway. It was recommended to approve the revocattort of restricted access ca'ntrol along Old Sibley Memorial Highway (Old Highway 13). % G. Approve final payment/authorize Ci t e: cifitract 98-01 (Southern Lakes Water Tower). It was recommended to approve the final pa on_tract 98-01 (Southern Lakes Water Tower - 1.0 Million Gallon Reservoir) in the amount of $61,959.60 to PDM, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. H. Acknowledge completion/authorize.Qi intenance.-Pt-oject 98-FF (Gardenwood Ponds 3rd Addition. It was recommended to ac)ttw * - of Contract 98-FF (Gardenwood Ponds 3rd Addition - Street & Utility Improvements)'asjt ni[liorizirr rpetual City maintenance subject to warranty provisions. • • • r : 1. Receive feasibilireport/schedule mihlir Proj,;4** :8 (TH 3/Gardens of Eagan - Utility Improvement It was recommender{: Y i? ewe tli~s4d'f i# ar'sibility report for Project 788 (Highway 3 - Gardens of Eagan Sanitary Sewer and ater Improvethe ls) and schedule a public hearing to be held on March 21, 2000. J. Approve resolution of support of federal funding application, Project 738 (Northwood Parkway Ring Road - 35E Overpass). It was recommended to adopt a resolution supporting the application for Federal Funding for the Northwoods tkWay Ring Road overpass for 35E (Project 738). K. Award bid for indoor surface for Civic Af'eiia4: 3k S:.Fecommended to award the indoor recreation surface (turf) for the Civic Arena to Centau>`roductfi•e*ount of $56,300. L. Change Order, Fire Station No. 2. It wa~gi1'to•approve the Change Order to Fire Station No. 2. M. License Renewals for the year 2000, tree contractor. It was recommended to approve the tree contractor license renewal for the year 2000 for Vet's Tree Service. Mayor Awada moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 4 Nay: 0 'U$LEA1Gr? PROJECT 680, CLIFF ROAD (STRE:RECONfRUCTION IMPROVEMENTS) City Administrator Hedges provided an overview fiihthis item. Director of Public Works Colbert gave a staff report. Craig Ebeling, Howard R. Green Company, provided additional project details. Mayor Awada opened the public hearing to anyor ..wishing to speak. Chris Soderling, 4657 Park Cliff Drive, spoke on bef of the Park Cliff residents and said that they are pleased that the project is mQ gd~g i i 1 td. ofte completed in 2000. She expressed their support for leaving the median open:} 3s; 3i'r~pi%provided reasons in support of that option. John Wittmayer, 4593 Cliff Ridge Court, stated thaftie did not receive a mailed notice regarding the public hearing but rather that notification of the meeting was given at the informational open house. He expressed concern with the south side of Cliff Road having two accesses. He further added that a U- turn situation will create safety hazards. HL-commented on the destruction of trees on his lot and raised questions about the catch basin. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 15, 2000 PAGE 4 Mr. Ebeling stated that there 1p:## xi'6i1ity iii the desOt:bf the pond. He noted that tree loss would be minimized. Director of PubRCWorks Colbert expiated that notification for-this evening's public hearing was sent to all properti4S #p be assessed anc}:., ded that notices for the informational open house were sent to all residents livfi.pne-quarter pPile from Cliff Road. He further explained the reasons supporting the designated acct'" fed that although formally requested by the City, the County Board would not consider'ful:at•a'et"both locations and it was determined by the County that the safest access point would be at Park Ridge Drive. Keith Feickert, 1265 Dunberry Lane, expressed his support for the project and the access on the north side of Cliff Road. Barb Groven, 4679 Park Ridge Drive, 'qii #~Wned'i j ;k:as possible to construct a two-lane road with turn lanes as opposed to a four-lane road "She req ted information on the projections of the future road usage and the impact to Lebanon Hark. Dior of Public Works Colbert commented on the new access to Lebanon Hills Par .He.gtf3at tkir-lane roadway design is in accordance with 20-year County design standard. Kari Johnson, 4655 Park Ridge Drive, expressed support for the project and stated that the residents on the north side of Cliff have several access points but there are only two on the south side. Tom Brost, 4487 Oak Chase Road, supported the project as designed and expressed concern for safety, property values and convene biactors. Roger Martin, 4435 Oak Chase Road, 1 * t..he right-in right-out to Oak Chase Road was an acceptable option. Michael Peterson, 4551 Oak Chase cl~},itij[i' That he was adamantly opposed to the project in its current state. He said th*tofi of the full access is not safe and added that right-in right-out access will not eliminate tr af~`' Ie said he did not think the City needed to spend money on a trail. Mayor Awada said that the right-in right-out access is not for the purpose of eliminating traffic. Director of Public Works Colbert commented on traffic calming measures. A resident of 4555 Oak Chase Circle expressed concern about tree loss. Mr. Martin raised a questiont:t8fticr,}o the Oak Chase neighborhood with regard to the median. Police Captain Rick Swatttpp commented on the emergency response time and indicated that police officers would take the necry meaes to gain access to the development. Tim Day, 4564 Cliff Ridge Court, opposp;#he remQ of the full access to the Oak Chase neighborhood. Duane Olson, 1250 Cliff Road, expressed concern about the construction of a turn lane and the loss of pine trees. He requested that the trail be made smaller and that a center turn lane be constructed. Count lmember Blomquist said that City and Cou t staff will work with Mr. Olson to preserve as many trees as possible. Marco Alfaro,.4585 Oak Chayrr ;tern about the potential tree loss on his property. He said that he was supportive of the project'liiif was concerned about the lack of a left turn lane. Director of Public Works Colbert suggested he cond"'itaff to review the plans for the project:. A resident of 4505 Oak Chase Road said that he supported the project as proposed. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 15, 2000 PAGE 5 Mayor Awada stated that she:ai'f Mectijr safety reasons and noted that there will be some tree loss, but that is to be expeiCfed with progress.:.., Mayor Awada moved, Counci ?ber Blomquis%9nded a motion to approve Project 680 (Cliff Road - Street and Utility Improve*f&f d.aut z the preparation of detailed final plans and specifications. Councilmember Blomquist stated that the project is long overdue. She expressed concern with tree loss and said that the County and City staff will do everything possible to mitigate tree loss. She added that this is the safest option and said she would not support dosing either entrance into the Park Cliff neighborhood. Councilmember Carlson said that a trai shoul4. d to Lebanon Hills Park. Ceuncilmember Masin thanked everyone for att ding the u?Formational open house. She added that the project was necessary in order to address tk i fety coi E Ins. A vote was taken on the motigii %*Wgti:4 14'f1 €1~ $US .E r`S CONSIDER 60 ACRE LAND ACQUISITION FOR CENTRAL FACILITIES PROPERTY City Administrator Hedges pivic7i~i an overview on this item. Councilmember Carlson moved, Mayor'A'i~i~t ded a motion to ratify the letter of intent with Duke-Weeks for acquisition of a 60 acx@:~arcel for L :odAtral facilities, to authorize the Mayor and City Clerk to execute a purchase agreement. e city Attorney to cease condemnation activities with respect to this property. Joe Bari, 3033 Timberwood Trail, questioned the estimated market value calculation. Finance Director Gene VanOverbeke explained the difference between market value versus tax capacity rates. Councilmember Carlson thanked Pat Thomas for her inspiration. Councilmember Masin added y events. She mentioned that a previous Council that this is one of the last parcels suit &p for communit had passed on the opportunity to ra law, tLexington Avenue and Yankee Doodle Road for community uses. Mayor Awi*d't't6teii'flmf't1te~itq~Council put in a sealed bid for the 200 acres; however, the City was outbid by $600,OOa,, Councilmember Carlson said that this is best 10.0- n for a central park and added that the shared parking with the corporate neighbors is o`f benefit t~-f3 City. She noted that the land will be acquired at the going rate and is not too high. Mayor Awada stated that this site will be utilized to increase the sense of community in Eagan. A vote was taken on the motion. Aye: 4 Nay: 0 Dorothy Peterson, member of the Centr al Park Ta3~c rce, provided an update on the group's process. Discussion occurred regardirr;hat.ele?eoul:i be included on the "input" document that will be distributed to residents Kt3f;~t :s s ;i f J arks and Recreation Department brochure. Councilmember Carlson sfe'f'f*oitiyieiiints that were included in the Council's original motion should be included. Mayor Awada conc:ed. Councilmember Masin stated that the entire community should be given an opportunity to indii Kto.what elements they would like to see in a community center. Councilmember Blomquist said that t$ Yost of including more elements is minimal and stated that the Council has the authority to make the ultimate determination as to what to do with the information. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 15, 2000 PAGE 6 Mayor Awada stated that she :ftt: ai 6R:- put" document but added that she did not support the format being propose&;.-: ouncilmember Ca 6An said that she was in agreement with leaving the additional elements on the 4acument but suggested adding disclaimers to avoid giving the public the wrong impression about whi Ocments will be 44il lately considered by the Council. Councilmember Masin questioned the pd1r t f.asking.fo ut if the Council was going to limit the choices presented to the public. Mayor Aw;aia8F3tt:ut the last Council meeting the Council passed a motion identifying the elements to be iided with a community center. Councilmember Masin said that the City does not have any real good communication system and added that sending this document to the public is the most effective method of reaching a broad audience. Mayor Awada noted that the Council had determined that certain elements that have been added to the list are not feasible and are too costly. Councilmeffib Af oR;ao k d:1 t the inclusion of the auditorium and lap pool on the "input" document would bb:tig..... Mayor Awada moved, Councilmember son seconded a motion to delete the auditorium and lap pool from the "input" document. Aye: 2 :2 (Coti Ainembers Masin and Blomquist opposed) The motion failed for lack of a majori X- -X % Pat Thomas concurred that the lap pool and auditorium were elements that were not feasible. She stated that the timing is critical and the public should be given an opportunity to provide input. She said that it had been suggested that Eagan businesses be sent an "input" document and that a larger comment section be provided on the form. Councilmember Carlson mov ; l yQr Awada seconded a motion to delete the auditorium and lap pool from the "input" document ortupity for feedback regarding the other elements. Councilmember Carlson suggested iat f~ec}lfdf,€itained regarding the preferred number of seating for the banquet facility. A vote was taken on the motion '.Aye: 4 Nay: 0 Mayor Awada moved, Councilmember Carlson seconded a motion to authorize the hiring of a consultant to prepare a Master Plan fdt the 60-acre site at a cost not to exceed $7,000. Aye: 4 Nay: 0 Mayor Awada recessed the;#: $econvened the meeting at 9:40 p.m. CONSIDER MEMBERSHIP, DAKOTA COZY ECOMIC DEVELOPMENT PARTNERSHIP City Administrator Hedges provided an overview o this item. Councilmember Masin stated that.the Economic Development Commission has supported the City's membership in this organization; however, some of the City Council members did not want to belong. Councilmember Blomquist noted that the structur*,;A~+d membership of the organization has changed. She added that she would be willing to attend tl* uarterly meetings. Councilmember Carlson mo-v of pt i } i t nded a motion to approve membership in the Dakota County Economic Develop>ri'W'Y'iai't'.'.' 9 ff .3 Nay: 1 (Mayor Awada opposed) SUBDIVISION,INVER GROVE HEIGH'I?S:ETTY ALLEN PROPERTY City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report and added that the Advisory Parks Commission recommended a cash dedication in lieu of parkland dedication. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 15, 2000 PAGE 7 Mike Black, representing Royolisif36f the project details, the site location, utility extensions, traffic study, the fu park proposal a . ncerns of the adjacent neighbors. He stated that they have agreed to the street..connections between Apennine Way and Albavar Path and to Stratford Lane. He noted that they hat; reed to protect volunteer tree growth. He commented that the plan before the Council responc#s a k j.s jig4;oi'lcern raised by the Eagan Advisory Planning Commission. s;:... . Mayor Awada asked if the proposal meets City standards. Director of Public Works Colbert stated that the plan meets City standards, subject to the refinement of the storm sewer plans. Mayor Awada asked what coi#'W;# : : . e tlt:mgard to the joint Powers Agreement (JPA) with Inver Grove Heights. City Attortft~y=glie i#M:: - 'sFec : tLagan s approval. of the extension of water and sanitary sewer service to Inver Grove HeigFt s:£s condi 2d upon Eagan's approval of development plans for the property. He said th4 nder thg A the City's review is more pertinent to engineering-issues rather than subdivision iss 1 Councilmember Carlson stateclt'fie utilf4:ji;ri'inust be in conformance with City standards, but the Council only has the ability to comment on th e subdivision. Mayor Awada asked if the utility plan is in conformance with City standards. Director of Public Works Colbert stated that the plan is consistent with the JPA. Councilmember Blomquist gwtioned if there was a legal basis for denying this proposal. City Attorney Sheldon responded that the.t bal;would need to articulate specific engineering-related reasons to deny the proposal. Mayor Atl~e3nain concern was access to the subdivision. Several residents of both Eagan an.-3 ver Grove kqi ts spoke about concerns regarding increased traffic, circulation, park/open sp*tpej die. }~j k on, school bus stop safety and tree preservation. Discussion occurred about discouraging development south of the subject property until 120th Street is improved, thereby providing an additional outlet from this area. Mayor Awada said the neighborhood needs additional parkland and suggested it be located near the corporate boundary in the vicinity of Lot 1, Block 4 and further suggested a partial land and partial cash dedication. Councilmember Masin ques:#iE?:^,'i~R#i;ces Park issue had been resolved. Director of Parks and Recreation Ken Vraa clartire3~tfti;'shaia~teeuthern Lakes Park. Mayor Awada suggested that a requireat be adA to the APC conditions to provide a mini park in the general area of Shorty Mullen's propf. She s the APrC should review the mini park component. Mayor Awada moved, Councilmember Carlson seconded a motion to approve the extension of utilities subject to following conditions: 1. Street connections shall be made from Apine Way to Stratford Lane and to Albavar Path. 2. Park dedication shal;ei'ft8c i dg a partial land (mini park) near the corporate boundary Ptt#:it~•1VIii*'rdti'Ey and partial cash dedication. 3. The developer shall demonstrate to the sittiction of Eagan's Engineering staff that the stormwater management plan protects exi~fing homes in Eagan from drainage problems. 4. The grading and tree preservation plans shall provide for protection of the trees along the Eagan/Inver Grove Heights border. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 15, 2000 PAGES 5. All other conditions aj*- Rt tt~tsiifs.oh )gmt Powers Agreement shall be fulfilled. Aye: 4 Nay: 0 Mayor Awada moved, Coundliriei ter.Carlsoyy $i'ided a motion to direct staff to send a letter to the City of Inver Grove Heights stating-fiip#~3gan will not provide further utility extensions to properties south of the Betty Allen, Ilerty until 12011, Street is extended and improved. Aye: 4 Nay: 0 COMMERCIAL/CONSTRUCTION-DEMO RESIDENTIAL TRASH HAULER LICENSE FOR =WS City Administrator Hedges provided aii i ,.overview l . is item. Mayor Awada asked if the applicant's vehicles comply with City standards.., ommuni,ions/Recycling Coordinator Joanna Foote stated that the new vehicle appears to meet X dards;$fe added that the issues with the County are still pending. Ann O'Reilly, attorney representing New Earth Services, stated that the County issues are separate from the licensing issue. City Administrator Hedges reiterated that the vehicles appear to meet City standards. Coundlmember Blomquist mpvgd, Councilmember Carlson seconded a motion to approve a commercial/multi-family and constni-ft6{;demolition waste-hauling license for New Earth Services, Inc. Aye: 4 Nay: 0 Councilmember Masin moved, Concilmember Cdn seconded a motion to approve an increase in the number of residential haulirt. ~ens~st:.::}! :.Nay: 0 Coundlmember Carlson movg... ilmember Blomquist seconded a motion to approve a residential waste-hauling license for I'ew Earth Services, Inc. Aye: 4 Nay: 0 REZONING & PRELIMINARY 5UBDIVI$IQN, DANIEL AND DEBORAH GOETZ • ON) City Administrator Hedges provided ari;gwrview eit:}his item. Senior Planner Ridley gave a staff report. Jay Karlovich, attorney representing Da; 2 and De r ah Goetz, explained the issue with the storm sewer obligation. Mayor Awada asked if the City has ever waived the storm water assessment with a new subdivision. Discussion occurred regarding when storm water charges have not been assessed. Mayor Awada stated that the main problem is tha back of the property backs up to Patrick Eagan Park and it would not be possibJ .•14.su t4vidsR•tt at a third lot could be accommodated, unless a variance was granted. She ndt~;2;i3its;1uest to reduce or defer the storm water charge is not in compliance with City 3euctes''`""• = Councilmember Carlson said that the City Counci $ to be consistent with regard to assessments. Mayor Awada stated that this request would'Tequire the Council to deviate from standard policy. EAGAN CITY COUNCIL MEETING hENUTES; FEBRUARY 15, 2000 PAGE 9 Mayor Awada moved, Counciiefs#sed a motion to approve a Rezoning of approximately 4.7 acres from A (Agri'jq aural) to R-1 (SingljEroily) located south of Deerwood Drive and east of Denmark Avenue in the sdi]tllwest 1/4 of Section':' Aye: 4 Nay: 0 Mr. Karlovich asked if the City W. be interesttti a land swap in exchange for a reduction or elimination of the storm sewer charged:: 'tio cslated that staff could look at the possibility and bring back information at the time the firial'9t$ivision is given consideration. Mayor Awada moved, Councilmember Masin seconded a motion to approve a Preliminary Subdivision entitled the "Goetz First Addition" located south of Deerwood Drive and east of Denmark Avenue in the southwest 1/4 of Section; • .to. iging conditions: 1. The developer shall comply witiese staiffd conditions of plat approval as adopted by Council on February 3,1993:"" Al, B1, 4, C1;A21,;F,1-:; 2. The property shall be platted. 3. Proposed Lot 1 shall be subject to a cash parks dedication and cash trails dedication. 4. An individual lot tree preservation plan shall be required for Lot 1 at the time of building permit appljkt 5. Tree Protective measures bYtieg E.. b;jkd silt fence or 4 foot polyethylene laminate safety netting) shall be instd at the rip ]brie or at the perimeter of the Critical Root Zone, whichever is g r e a t e r , d s i n g . i 8 -/woodlands to be preserved. 6. The applicant shall a ,'6' iek ifyForestry Division and set up a pre-construction site inspection at least fivf+'tlays prior to the issuance of the grading permit to ensure compliance with the approve Tree Preservation Plan and placement of the Tree Protection Fencing. 7. This development shall be responsible for a water quality cash dedication in lieu on-site ponding. Aye: 4 Nay: 0 RESOLUTION CALLING FOR PUBLf 3•iEARI1 4S ON ESTABLISHMENT OF AN ION OF AN ENABLING RESOLUTION ECONOMIC DEVELOPMENT AUTHORITYD AD AND ESTABLISHING DEVELOPMENT DIST11t T FOR SITE TO BE ACQUIRED CENTRAL FACILIITES PROPERTY City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember $on seconded a motion to approve a resolution calling for public hearings on estAb]ishment 9f an'Economic Development Authority and adoption of an enabling resolution arty}; t'l l kR ent district for site to be acquired - Central Facilities Property. Aye: 4 14**:'*+•*d:;::* = T Jeff Gregory, 1322 Deercliff Lane, commented on the City's governmental process, the criteria used to purchase prime property, overspending and taxes and the ability of a community center to generate revenues. He questioned the availability of the City Council Meeting Procedure and Guideline handout. Mayor Awada noted that the handout is being updated but has been made available in the EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 15, 2000 PAGE 10 lobby of City Hall. Mr. Gregory said t %3 d: ount of time and effort that the City Council devotes to the community. The meeting adjourned at 12:15 MLK Date • • • • • • • City Clerk If you need these minutes in an alternative form such as large prinl;graille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, ( 81~GOQy:; D phone: (651) 454-8535). The City of Eagan is committed to the polit~jt lperslyQiei+ual access to its programs, services, activities, facilities and employment without regard to race, color, cree3; ire~igion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. sr, 'r- L MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 3, 2000 SUBJECT: AGENDA INFORMATION FOR MARCH 6, 2000 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the March 6, 2000 City Council agenda and the minutes of the February 15, 2000 regular City Council meeting, the following items are in order for consideration. Agenda Information Memo March 6, 2000 Eagan City Council Meeting OGNITIONS & PRESENTATIONS A. RECOGNITION OF MAYA BABU - PRUDENTIAL SPIRIT OF COMMUNITY AWARDS, DISTINGUISHED FINALIST ACTION TO BE CONSIDERED: To recognize Maya Babu for being chosen as one of Minnesota's top student volunteers in the 5`' Annual Prudential Spirit of Community Awards. FACTS: • Maya Babu of Eagan has been chosen as one of the state's top student volunteers in the fifth annual Prudential Spirit of Community Awards, a national program recognizing young people for outstanding community service. • Four students in Minnesota were recognized as Distinguished Finalists for their impressive community service activities. • Maya spearheaded an education and awareness campaign targeting adult providers of alcohol to minors. Maya will receive a bronze Distinguished Finalist medallion from Prudential at an upcoming ceremony. She will be present at Monday's Council meeting. ATTACHMENTS: • News release on pages 3 through . iwfthl THE PRUDENTIAL SPIRIT OF COMMUNITY INITIATIVE ENCOURAGING COMMUNITY SERVICE BY YOUTH Contact: Tricia Krietzberg, Prudential (973) 802-2559 Michael Carr, NASSP (703) 860-7260 February 8, 2000 FOR IMMEDIATE RELEASE MINNESOTA'S TOP TWO YOUTH VOLUNTEERS SELECTED IN NATIONAL AWARDS PROGRAM Thief River Falls and Chisago City students earn $1,000 awards, silver medallions and trip to nation's capital Honors also bestowed on other top youth volunteers in Minnesota St. Paul, Minn. - Taryn Pream, 17, of Thief River Falls and Katie Bolenbaugh, 15, of Chisago City today were named Minnesota's top two youth volunteers for the year 2000 in The Prudential Spirit of Community Awards, a nationwide program honoring young people for outstanding acts of volunteerism. The awards program, now in its fifth year, is sponsored by The Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals. More than 20,000 high school and middle level students were considered for awards in this year's program. Taryn was nominated by Lincoln High School in Thief River Falls, and Katie was nominated by Southwest Junior High School in Forest Lake. As State Honorees, they each will receive $1,000, an engraved silver medallion, and an all-expense-paid trip in May to Washington, D.C., where they will join the top two honorees - one middle level and one high school youth - from each of the other states, the District of Columbia and Puerto Rico for several days of national recognition events. Ten of them will be named America's top youth volunteers for 2000 at that time. - more - 3 MINNESOTA'S TOP TWO YOUTH VOLUNTEERS SELECTED/Page Two Taryn, a junior at Lincoln High School, created a brochure on Internet safety that has been distributed nationwide and overseas to schools, families and law enforcement agencies. After becoming a victim of Internet harassment and terrorism herself, Taryn decided to turn her negative experience into a positive one by educating other Internet users about how to stay safe. Taryn began her project by spending many hours researching and compiling information about Internet safety and use. Then, with the help of a graphic artist friend, Taryn put together a draft of her brochure. She showed it to several community service organizations, and received enough donations to print 10,000 copies of her final product, entitled "Shut the Door." Most of these were distributed within her own community, but Taryn also sent one to every law enforcement center and school district in Minnesota. Since then, more than 30,000 additional copies have been delivered to 36 other states, Canada and Kuwait. As a result, Taryn received many requests to speak about Internet safety and her own experience. "When I hear from other people that they feel better because they learned from my experience, it makes all the work I've put into my brochure worthwhile," she said. Katie, a ninth-grader at Southwest Junior High School, organized a four-mile, seven-hour march against racism and violence in her community after learning that minority students at her school were being threatened and harassed. "I wanted to be able to show in a physical and visible way my strong beliefs that people should be accepted for who and what they are," she said. She decided on a community march that would express students' unwillingness to tolerate racism and violence in their neighborhood. Katie and a group of volunteers from the school's Caring Kids Program spent many hours meeting with Youth Service Bureau workers, arranging police escorts, creating signs, planning presentations and advertising, and writing letters to newspapers and the city council to invite them to observe the march and hear their anti-racism and violence presentations. Twenty-five volunteers participated in the march, walking first to a Forest Lake City Council meeting, where they gave presentations and passed out purple ribbons to council members, and then to Lake Forest's two junior high schools, where they delivered similar presentations. "I believe that racial harassment and violence can be diminished by students being courageous enough to stand up for tolerance and acceptance," Katie said. "Even if a problem seems really big, you do have the power to do something about it. Kids can make the world a better place." In addition, the program judges recognized four other Minnesota students as - more - MINNESOTA'S TOP TWO YOUTH VOLUNTEERS SELECTED/Page Three Distinguished Finalists for their impressive community service activities. Each will receive an engraved bronze medallion: Maya Babu, 16, of Eagan, a junior at Eagan High School, spearheaded an education and awareness campaign targeting adult providers of alcohol to minors. Kristin Ferris, 13, of Osakis, an eighth-grader at Osakis Public School, created a public education program to inform her community about Sudden Infant Death Syndrome. Carol Gilbertson, 14, of Scandia, a member of the Chisago County 4-H and a ninth- grader at Chisago Lakes High School in Lindstrom, teaches adaptive skiing to persons with physical disabilities. Brita Thomas, 11, of Moorhead, a member of the Clay County 4-H and a fifth-grader at Robert Asp Middle School, founded "Happy Feet," a program that gives gym shoes to needy children in the community. "These young people represent the noblest qualities of American youth," said Art Ryan, chairman and CEO of Prudential. "Their commitment and accomplishments graphically demonstrate that young Americans can - and do - play an important role in making this a better world. We are proud to honor them." "Every day, we see more and more the need for dedicated and talented volunteers like these young students," said Gerald Tirozzi, executive director of the National Association of Secondary School Principals. "We are motivated by their community spirit, and we know that as others realize the impact these honorees have made, their community spirit will indeed spread." All public and private middle level and high schools in the country, along with all Girl Scout councils and county 4-H organizations, were eligible to select a student or member for a local Prudential Spirit of Community Award this past November. Local Honorees were then reviewed by state-level judges, who selected State Honorees and Distinguished Finalists based on criteria such as personal initiative, creativity, effort, impact and personal growth. On May 8, 2000, ten of the 104 State Honorees - five middle level and five high school students - will be named America's top ten youth volunteers of the year by a prestigious national selection committee. These National Honorees will receive an additional $5,000, a gold medallion, and a crystal trophy. The national selection committee will be co-chaired by U.S. - more - MINNESOTA'S TOP TWO YOUTH VOLUNTEERS SELECTED/Page Four Senators Byron Dorgan of North Dakota and Susan Collins of Maine, and by Prudential's Ryan. Other committee members include actor Richard Dreyfuss; Harris Wofford, CEO of the Corporation for National Service; Robert Goodwin, President and CEO of the Points of Light Foundation; Marsha Johnson Evans, National Executive Director of Girl Scouts of the USA;Richard Sauer, President of the National 4-H Council; Hugh Price, President of the National Urban League; Raul Yzaguirre, President and CEO of the National Council of La Raza; and John Lewis, President of the National Association of Secondary School Principals. Also serving on the committee are two 1999 Prudential Spirit of Community National Honorees, Brad Luck of Essex Junction, Vt., and Lauren Detrich of Tulsa, Okla. In addition to Girl Scouts of the USA and National 4-H Council, The Prudential Spirit of Community Awards are supported by the American Association of School Administrators; American Red Cross; Campfire Boys and Girls; Council of the Great City Schools; Family, Career and Community Leaders of America; Key Club International; National Council of La Raza; National Middle School Association; National School Boards Association; National School Public Relations Association; National Urban League; Points of Light Foundation; United National Indian Tribal Youth, Inc.; YMCA of the U.S.A.; and YWCA of the U.S.A. The awards are part of a broad initiative created by Prudential to encourage young people to become involved in community service. Other elements of the initiative include The Prudential Youth Leadership Institute, a community leadership training program for high school students, and "Catch the Spirit: A Student's Guide to Community Service," a free booklet published in partnership with The United States Department of Education. The booklet is filled with ideas and tips on how young people can make a difference in their communities, and is available by writing the Consumer Information Center, Dept. 506E, Pueblo, Colo. 81009. For more information on this year's Prudential Spirit of Community State Honorees and Distinguished Finalists, visit the community section of Prudential's Internet Web site at www.prudential.com, or NASSP's site at www.nassp.org/scholarships. - more - MINNESOTA'S TOP TWO YOUTH VOLUNTEERS SELECTED/Page Five NASSP, based in Reston, Va., represents more than 42,000 secondary school principals in more than 35,000 public and private middle and high schools. Prudential, with headquarters in Newark, N.J., is the largest life insurance company in the United States and one of the largest diversified financial institutions in the world. The company has a global presence in 30 countries, providing a variety of products and services in the areas of insurance, investments, securities and real estate to more than 30 million customers. [NVote to editors: full-color pictures of the Spirit of Community Awards program logo and medallion are available at www.prudentiaLcom/spiridpressphotos.J Agenda Information Memo March 6, 2000 Eagan City Council Meeting 1IEP R :MET'T HEAD BII INE5 A. LOCAL COLLABORATIVE TIME STUDY (LCTS) GRANT APPLICATION ACTION TO BE CONSIDERED: To approve the Local Collaborative Time Study (LCTS) Grant from the Police Department to School District 196 for funding support of Wescott Police Substation. FACTS: • The City Council approved $20,000 funding from the Community Development Block Grant for Police substation in Wescott Townhomes at January 18, 2000 meeting. • CDBG funds will be available on July 1, 2000. • The Police Department desires to begin operating the Wescott substation on May 1, 2000 in order to establish a presence in the area before summer. • LCTS grants are available for new or expanded services that are designed to strengthen and preserve families in School District 196. • The Police substation project is designed to meet the grant goals by increasing public safety in the Wescott area through problem solving efforts and collaboration with residents, managers, and social service providers, including School District 196. • The grant request is for $25,000.00 • The funds will be used to operate the substation prior to availability of CDBG funds and thereafter to support policing efforts at Wescott Townhomes. g Agenda Information Memo March 6, 2000 Eagan City Council Meeting B.. ECONOMIC DEVELOPMENT PARTNERSHIP UPDATE There is no formal action required; an update of the Economic Development Partnership meeting that was held on Thursday, February 24, will be provided by City Councilmember Blomquist. FACTS: • The City of Eagan reaffirmed its membership to the Economic Development Partnership and official action was taken by the City Council at a meeting on Tuesday, February 15. • The first meeting following the City Council's action of the full Partnership was held on Thursday, February 24. City Councilmember Blomquist attended on behalf of the City. • City Councilmember Blomquist has asked to provide a brief update on the Economic Development Partnership meeting. Agenda Information Memo March 7, 2000 City Council Meeting C. ALLOCATION of Tree Mitigation Funds FOR COUNCIL ACTION: To approve or deny the proposed Tree Mitigation Fund Policy. FACTS: ¦ The policy would provide criteria for the expenditure of funds collected through the implementation of the Tree Preservation Ordinance. ¦ The intent of the policy should be the preservation or enhancement of the city's forest resource ¦ The proposed policy is the result of several APrC meetings, APrC subcommittee meetings, staff review and review by the City Attorney's office. ¦ Funds may be utilized to preserve existing trees/woodlands through fee title acquisition, conservation easements or reforestation program. ¦ The policy applies only to funds received specifically as tree mitigation from application of the Tree Preservation Ordinance. At any time the fund balance is zero the program shall temporarily be discontinued. CONCERNS: None ATTACHMENTS: Copy of Tree Preservation Ordinance Mitigation Fund Policy.( 1~ -~•2 /D city of eagan POLICY TREE PRESERVATION ORDINANCE MITIGATION FtTNP BACKGROUND On March 19, 1996 Eagan city council officially converted the existing Tree Preservation Policy into ordinance status. The ordinance includes a cash mitigation option that a developer may use subject to city approval as mitigation should a development exceed allowable tree/woodland removal limits. Funds collected are placed into a separate account. The purpose of this policy is to define utilization of funds from this account. PURPOSE AND INTENT OF POLICY This policy will provide criteria for the expenditure of funds collected through the implementation of the City of Eagan's Tree Preservation Ordinance. The intent should be the preservation or enhancement of the city's forest resource. POLICY - Tree preservation ordinance mitigation funds may be expended for one or more of the following options. A. Precematinn of Trees Wnnrilandc Funds may be utilized to preserve existing trees/woodlands as follows: 1. Fee Title Acquisition The objective of purchasing fee title is to preserve appropriate individual significant trees and/or appropriate parcels of woodlands within the City of Eagan for the benefit of the city. Appropriate individual significant trees and/or appropriate parcels of woodlands shall be those trees or woodlands that in the opinion of city council provide a benefit to the city of Eagan. Appropriate woodlands may provide one or more of the following benefits: aesthetic enhancement for existing city lands; unique location qualities that expand an existing woodland within city property; a greenway corridor connection between existing or future city land; preservation of unique plant life; or in general provide some positive relationship between preservation and the city's reforestation goals. 2. Conservation Easements C The objective of purchasing conservation easements in lieu of acquisition is to preserve the greatest amount of appropriate significant individual trees and/or appropriate woodlands within the City of Eagan while expending the least amount of funds and allowing the owner to retain title. Appropriate individual significant trees and/or appropriate parcels of woodlands shall be those trees or woodlands that in the opinion of city council provide a benefit to the city of Eagan. Appropriate woodlands may provide one or more of the following benefits: aesthetic enhancement for existing city lands; unique location qualities that expand an existing woodland within city property; a greenway corridor connection between existing or future city land; preservation of unique plant life; or in general provide some positive relationship between preservation and the city's reforestation goals. B. Reforestation Program A Reforestation Program of open space would include the purchase and planting of trees. Associated costs may include tree purchase, planting, and costs related to establishment of a maintenance period (i.e. irrigation, tree staking, fertilization, pruning, etc.). The initiation of a reforestation project may involve the selection of available land to install the trees on. This land(s) may be either public land or private land, if the installation of trees on private lands provides for some type of long-term public benefit for the city. In the event of a natural disaster or other identifiable need, funds may be contributed to other city sponsored reforestation programs. CONTINUANCE OF POLICY This policy shall apply only to funds received specifically as tree mitigation from application of the City of Eagan Tree Preservation Ordinance. At any time the fund balance is zero the program shall temporarily be discontinued. RESPONSIBILITY The Director of Parks and Recreation and the City Administrator shall have primary responsibility for the implementation and coordination of this policy. Kea Vraa Tom Hedges Director of Parks and recreation City Administrator Agenda Information Memo March 6, 2000 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. PERSONNEL ITEMS Item 1. Engineering Technician/Maintenance Facility— ACTION TO BE CONSIDERED: To approve the hiring of Angela Ellison as an Engineering Technician at the Maintenance Facility. Item 2. Engineering Technician/Engineering-- ACTION TO BE CONSIDERED: To approve the hiring of Bruce Wilken as an Engineering Technician in the Engineering Division. Item 3. Temporary Administrative Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Ben Kristensen as a temporary intern in Administration. Item 4. Part-time Clerical Technician IUReceptionist-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended for hire as the part-time Clerical Technician II/Receptionist for the Finance Department. FACTS: • Interviews for this position were held on Tuesday, February 29. • Background and reference checks are currently being made on the candidate to be recommended for hire. • If the name of the successful candidate is available by the time of the Council meeting on March 6, that name will be furnished to the Council. However, if it is not available at that time, staff is requesting approval to hire the person to be recommended. l3 Agenda Information Memo March 6, 2000 Eagan City Council Meeting Item 5. IT Technician/Cities of Eagan & Burnsville-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended for hire as the IT Technician for the Cities of Eagan and Burnsville. FACTS: • Interviews for this position were held on Thursday, March 2 and Friday, March 3. • Background and reference checks are currently being made on the candidate to be recommended for hire. • If the name of the successful candidate is available by the time of the Council meeting on March 6, that name will be furnished to the Council. However, if it is not available at that time, staff is requesting approval to hire the person to be recommended. • This position is a shared position between the Cities of Eagan and Burnsville. The person will work at each City 20 hours per week. Item 6. Recycling Coordinator-- ACTION TO BE CONSIDERED: To establish a Joint Recycling Coordinator position to be shared between the Cities of Eagan and Burnsville. Item 7. Resignation/Criminal Intelligence Analyst-- ACTION TO BE CONSIDERED: To accept the resignation of Claudia Knutson, Criminal Intelligence Analyst for the Drug Task Force. Item 8. Reclassification/GIS Technician-- ACTION TO BE CONSIDERED: To approve the reclassification of the GIS Technician at Central Services Maintenance to Senior GIS Technician. 4' Agenda Information Memo March 6, 2000 Eagan City Council Meeting Item 9. Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Paige Gilgan, Jacqueline Peters, Mali Walters, Anne Rousch, Charles Goodman, Kristi Millman, Lindsay Marko, Kathryn Haseman, Emily Brown, Kathryn Jamieson, Derek Harmon, Matt Porter, Matt Spurr, Kristi Guenther, Beth Butler, Christin Weggemann, Grant Mestnick, Jennifer Kilby and Melissa Mariner as seasonal lifeguards at Cascade Bay. Item 10. Seasonal Guest Relations Shift Leaders/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Kristin Rogers, Carrie Peterson and Ann Morin-Skumatz as seasonal guest relations shift leaders at Cascade Bay. Item 11. Seasonal Guest Relations Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Ryan Vanderlugt, Ashley Kjos and Kathryn Glynn as seasonal lifeguard workers at Cascade Bay. Item 12. Seasonal Concessionaires/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Stephen Byrnes, Dan Kasperek and Dale Skogstad as seasonal concessionaries at Cascade Bay. Item 13. Seasonal Maintenance Worker/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Ryan Sisson as a seasonal maintenance worker at Cascade Bay. Item 14. Seasonal Concession Worker/Skate Guard/Civic Arena-- ACTION TO BE CONSIDERED:- To approve the hiring of Steve Polkowski as a seasonal concession worker/skate guard at the Civic Arena. Agenda Information Memo March 6, 2000 Eagan City Council Meeting Item 15. Seasonal Park Laborer-- ACTION TO BE CONSIDERED: To approve the hiring of Norman Peterson as a seasonal park laborer. Item 16. Seasonal Park Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Joe Stephes as a seasonal park attendant. Agenda Information Memo March 6, 2000 Eagan City Council Meeting B. APPROVE 1999 GENERAL FUND BUDGET ADJUSTMENTS ACTION TO BE CONSIDERED: To approve the 1999 General Fund Budget Adjustments FACTS: • The City occasionally makes formal budget adjustments to incorporate unforeseen activities into the budget. The City Council has already approved the expenditures in most cases. • The most significant change with this budget adjustment is to reflect the appropriation for the consultant services related to the Cedarvale area redevelopment that was authorized by the City Council. • The other changes reflect grants, donations and similar items that were not known at the time the original budget was approved. ATTACHMENTS: • The staff memo showing the dollar amounts and providing individual explanations is enclosed on pages and t MEMO city of eagan TO: Gene VanOverbeke, Finance Director/City Cie FROM: Tom Pepper, Assistant Finance Direct DATE: February 23, 2000 SUBJECT: 1999 Budget Adjustments General Fund The following 1999 General Fund budget adjustments should be considered for approval by the City Council: Increase/ Line Item Description (Decrease) 1) 4715-Unalloc Contingency $ 20,000 4450-Forestry Other Contractual Svcs (20,000) This adjustment reflects the reduction from the City's originally planned level of contribution to the Eagan Forever Green program. 2) 4334-IT LOGIS expense 11,200 4715-Unalloc Contingency (11,200) This adjustment reflects an estimate revision for the 1999 portion of a one- time assessment by LOGIS for replacement of the financial and HR/payroll software applications 3) 4310-CD Professional Services 108,900 4715-Unalloc Contingency (108,900) This adjustment formalizes City Council action on the original approval and subsequent amendment of the SRF Consulting project related to the Cedarvale- area redevelopment task force. /1 4) 4456-Forestry Contractual tree removal 16,000 4715-Unalloc Contingency (16,000) This adjustment reflects clean-up of residual storm debris. 5) 4410-Parks July 4' Fireworks expense 15,000 4715-Unalloc Contingency (15,000) This adjustment reflects the $15,000 contribution the City made to the 4th of July fireworks display coordinated by the Eagan CVB. 6) 41XX-IT Salaries/benefits 24,600 4715-Unalloc Contingency (24,600) This adjustment reflects the salary adjustments approved by the City Council in December 1998 for the two full-time Information Technology positions. 7) 4310-Admin Compensation study 19,300 4715-Unalloc Contingency (19,300) This adjustment reflects the cost the Riley, Dettman exempt-staff compensation study approved by the City Council in December 1998. 8) 4530-Bldg Mnt Capital outlay 900 4715-Unalloc Contingency (900) This adjustment reflects the purchase of a replacement snowblower for City Hall with the old unit going to Fire Admin, which did not have one. 9) 4310-Mayr/CC Professional Svcs 7,900 4715 Unalloc Contingency (7,900) This adjustment reflects the services of Lonnie Helgeson. Summary-General Fund Original Amended Budget Adjustments Budget Total Expenditures $ 16,971,900 $ 183,800 $ 17,155,700 Contingency 269,700 18( 3.800) 85.900 Total Gen'l Fund Budget $ 17,241,600 0 $ 17,241,600 99 budget adjustments I Agenda Information Memo March 6, 2000, Eagan City Council C. EXTENSION FOR RECORDING FINAL PLAT - (BELL LEXINGTON 2ND ADDITION) - U.S. WEST COMMUNICATIONS) ACTION TO BE CONSIDERED: To approve a 90-day extension for recording the final plat for Bell Lexington 2nd Addition, consisting of one lot located on the northeast corner of Lexington Avenue and Lone Oak Road in the SW '/4 of Section 2. FACTS: • The City Council approved the final plat on January 18, 2000. • The plat was to be recorded within 60 days of City Council approval, and the 60 days will expire March 18, 2000. • The applicant has submitted a letter explaining the reasons for the requested extension for recording. Dakota County has been slow to record a deed, which must precede the recording of this plat. ATTACHMENTS: Letter from Alma Fitzloff dated February 24, 2000, page ao February 24, 2000 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: REQUEST EXTENSION FOR THE FINAL PLAT -BELL LEXINGTON,2ND ADDITION FOR U S WEST COMMUNICATION Dear City Council: U S West Communications submitted a Final Plat on Bell Lexington 2nd Addition and-the City of Eagan has approved it and signed the above referenced plat. This is a request to extend the recording date in Dakota County for 90 days. The $75.00 fee is enclosed. All of the conditions have been met and the reason for the request to extend is due to the office of the Dakota County Recorder running 3-6 months behind,in recording documents within the Torrens Department. The deed which transferred the property to Honsa Lighting in a November closing is not recorded and has no document number. U S West cannot close with Honsa until such time they are in Title and of record within Dakota County. The closing between U S WEST and Honsa lighting should happen within 2 weeks based on the recording of the deed. U S WEST cannot record the new plat until all old transactions are a matter of record and the sequence of recording is in correct order. Therefore, I request a 90 day extension. All copies of the approvals are attached for your review. U S WEST Communications appreciates your immediate response to our Final Plat approval but did not realize we would be delayed. Thank You for the time you have spent on this. Any questions may be referred to myself at 612-559-4733. Thank You, Alma Fitzloff 6222 Chesshire Ln. N. Maple Grove, MN 55311 agent for U S WEST Communications Telephone # 612-559-4733 Agenda Information Memo March 6, 2000 Eagan City Council Meeting D. LICENSE RENEWALS FOR THE YEAR 2000, TREE CONTRACTOR AND TOBACCO ACTION TO BE CONSIDERED: To approve the tree contractor license renewals and the tobacco license renewal for the year 2000. FACTS: • The City annually licenses parties doing business in the above-referenced category. This licenses are in order for review and approval by the Council at this time. ATTACHMENTS: • List of renewals attached on page a13. as 2000 TREE CONTRACTOR LICENSE RENEWALS Shorewood Tree Service Outdoor Specialities 14015 County Road 122 560 Lone Oak Road Watertown, MN Eagan, MN 2000 TOBACCO LICENSE RENEWALS Applebee's Neighborhood Grill & Bar 1335 Town Centre Drive Eagan, MN c)3 Agenda Information Memo March 6, 2000 Eagan City Council Meeting E. REQUEST FOR FUNDING. EAGAN HEALTHY COMMUNITY INITIATIVE ACTION TO BE CONSIDERED: To approve the funding request from the Eagan Healthy Community Initiative and authorize Finance Director to make the necessary budget adjustments and transfer of funds. FACTS: ¦ The Eagan Healthy Community Initiative will be hosting an Intergenerational Community Dialogue on Saturday, April 8, at Black Hawk Middle School from 9:00 a.m. to 2:00 p.m. The purpose of the Intergenerational Community Dialogue is to bring together members of the community of all ages to begin identifying cooperative efforts that will help the City achieve its goals for youth improvement. ¦ The Eagan City Council has made a commitment to be a Community of Promise. The Eagan Healthy Community Initiative has been identified as the leadership group for Community of Promise activities. The goals of the Intergenerational Dialogue are consistent with the City's commitment to the Community of Promise pledge. ¦ The requested amount of $2,000 is available in the Contingency Fund of the City's budget. The action would allow the Finance Director to make the necessary transfer from the Contingency Fund to the appropriate line item. ATTACHMENTS: ¦ Funding request letter, page C:O?y Eagan Healthy Community Initiative (MCI) P.O. Box 1897 Eagan, MN 55122-1897 February 25, 2000 Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Awada and Council Members: The Eagan Healthy Community Initiative is very excited about the City's pledge to be a Community of Promise. This is a significant step towards achieving the goals of EHCI to build relationships between the adults and youth of the Eagan community, and we are looking forward to working with you. As we begin 2000, EHCI is focusing on an ambitious program that we hope will continue our progress of building this community. EHCI is hosting an Intergenerational Community Dialogue on Saturday, April 8, 2000, at Black Hawk Middle School from 9:00 a.m. until 2:00 p.m. EHCI is working with Susan Gehrz of Intergenerating Resources, Inc., who will facilitate the Dialogue. The purpose of the Intergenerational Community Dialogue is to bring together members of the community, representing all ages, to begin an on-going conversation of how everyone in the community can begin working toward common goals. The process has been utilized with great success in a number of communities recently, including New Brighton and the Wayzata school district. The estimated cost of the program is $4,500. EHCI has already received $2,500 from a number of donors. Our request is that the City consider helping us reach our goal of $4,500 to make this a successful community event. We appreciate your commitment to the youth of Eagan and are eager to continue partnering with the City to make Eagan a great place to live, learn, work and play. Sincerely, l Cheryl poni EHCI Chair E13Crs mission: Strengthen connections between youth and adults to create a community that cares for one another' P50, Agenda Information Memo March 6, 2000 Eagan City Council Meeting F. APPROVE SETTLEMENT AGREEMENT, CLIFF ROAD WATER TREATMENT FACILITY ACTION TO BE CONSIDERED: Approve the settlement agreement for the masonry restoration of the Cliff Road Water Treatment Facility and authorize the Mayor and City Clerk to execute all related agreements. FACTS: • The Cliff Road Water Treatment Facility incurred some premature failure to the masonry fagade. As a result of an investigative analysis by City staff, a contract lawsuit was initiated to recover damages from the appropriate responsible parties. As a result of this litigation, the City was successful in reaching an acceptable out-of- court settlement. An agreement has been prepared and the funds have been placed in an escrow account to be released to the City upon approval and execution of the settlement agreement. This agreement has been reviewed by the City Attorney's office and is being forwarded to the Council for favorable action. Agenda Information Memo March 6, 2000 G. PROJECT 742, WESCOTT WOODLANDS SETTLEMENT AGREEMENT ACTION TO BE CONSIDERED: To approve a Settlement Agreement for Parcels 10-01400- 010-25 and 10-01400-010-50 (Carnage Hills Country Club) regarding the easement acquisition for Project 742 (Wescott Woodlands - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 742 provided for the installation of streets and utilities for the upgrade of Wescott Woodlands in conjunction with the development of Royal Oaks (North '/z of Section 14). • On July 7, 1998, after the close of the public hearing and approval of Project 742, the City Council authorized condemnation proceedings for the acquisition of public right-of-way and easements, if necessary. • The Rahn Family has been operating the golf course as part owners since before the initiation of Project 742. The Rahn Family granted rights of entry to allow the construction to occur on its tight time schedule. At their request, staff held off on the final negotiations for the easement acquisition until an ownership transaction was completed. The Rahn Family Limited Partnership recently acquired complete ownership of Carriage Hills Country Club, 3535 Wescott Woodlands (Parcels 10-01400-010-25 and 10-01400-010-50). • The Rahn Family Limited Partnership has recently agreed to accept the City's appraised valuation of $1.00 per square foot. The staff and City Attorney's office are recommending that the City Council approve this negotiated settlement for 21 separate easements amounting to $133,706.10. Agenda Information Memo March 6, 2000 Eagan City Council Meeting H. ORDINANCE AMENDMENT, CHAPTER 4 OF THE EAGAN CITY CODE ACTION TO BE CONSIDERED: To direct staff to initiate an ordinance amendment to Chapter 4, Section 4.01 as a result of legislative changes. FACTS: • This ordinance amendment will align City ordinances with State Statutes. • The changes being proposed are as follows: Chapter F - 1315 Adoption of the 1999 National Electrical Code Chapter K - Adopt the 1341 Minnesota Accessibility Code Chapter Q - Adopt the 7676 and 7678 Minnesota Energy Code (commercial) • The ordinance amendment will be placed on a future City Council agenda under New Business. Agenda Information Memo March 6, 2000 Eagan City Council Meeting 1. PREMISES PERMIT RENEWAL APPLICATION, EAGAN LIONS CLUB TO CONDUCT A PULL-TAB OPERATION AT CEDARVALE LANES ACTION TO BE CONSIDERED: To approve a resolution renewing the charitable gambling premises permit for the Eagan Lions Club to conduct a pull-tab operation at Cedarvale Lanes located at 3883 Beau d'Rue Drive. FACTS: • The City is in receipt of an application for renewal of the above referenced premises permit to allow continuation of charitable gambling and support of the Eagan Lions Club located at Cedarvale Lanes, 3883 Beau d'Rue Drive. The application has been reviewed by staff and the Police Department and is in order for consideration by the City Council at this time. ATTACHMENTS: • Resolution attached on page • Application enclosed without page number. RESOLUTION CITY OF EAGAN PREMISE PERMIT RENEWAL FOR EAGAN LIONS CLUB ON CEDARVALE LANES PREMISES WHEREAS, the Eagan Lions Club has applied for a premise permit renewal for a pull tab operation at Cedarvale Lanes located at 3883 Beau d'Rue Drive; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Lions Club application for a premise permit renewal at Cedarvale Lanes, 3883 Beau d'Rue Drive. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those in Favor: Its Mayor Those Against: Attest: Its Clerk Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6`h day of March, 2000. E. J. VanOverbeke, City Clerk 30 Agenda Information Memo March 7, 2000 City Council Meeting 1. APPLICATION, MN ReLEAF Forest Health Grant FOR COUNCIL ACTION: To authorize the submission of an application for a 2000 Minnesota ReLEAF Forest Health Grant from the Minnesota Department of Natural Resources. FACTS: ¦ The grant amount requested is $10,000. ¦ Applicants must contribute at least 50% of the total project cost either in cash or in- kind contributions. Since 1993, this cost share program has reimbursed $77,504.00 to Eagan residents. ¦ To date, this financial assistance has allowed Eagan residents and/or staff to effectively manage oak wilt infection centers. ¦ The City of Eagan is an eligible recipient We received $10,000 through this grant program in 1999. ¦ Grant funds, if received, will be distributed to eligible participants after December 10, 2000. CONCERNS: The MnRELEAF grant program is intended to be a temporary assistance program designed to provide communities the necessary dollars to establish an oak wilt control program. Grant providers' recommendations are that recipients should eventually establish their own ""reimbursement/cost share program" not relying on outside financial assistance. Discussions should eventually evolve around this issue. ATTACHMENTS: None 3/ Agenda Information Memo March 6, 2000 K. CONTRACT 00-06, POND BP-12 WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 00-06 (Pond BP-12 - Water Quality Improvements), award the contract to Rud Construction, for the Base Bid in the amount of $32,615.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The excavation of Pond BP-12, a sedimentation basin for Thomas Lake northeast of the intersection of Cliff Road (County Road 32) and Lake Park Drive, was programmed for 2000 in the City of Eagan's 5-Year CIP (2000-2004) as part of the City's water quality management program. • On December 30, 1999, as part of a Council Informational Packet, the City Council was sent a notice, mailed to residents, of the intent to bum the existing vegetation in Pond BP-12 in preparation of the excavation of the pond under a contract for Project 791. • On March 2, at 10:30 a.m., formal bids were received for this project. A copy of the bid summary is enclosed as an Attachment. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic. The low bid from Rud Construction has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page 33 32 BID SUMMARY Pond BP-12 Water Quality Pond Improvements City Project No. 791 City Contract No. 99-09 Bid Date: Thursday, March 2, 2000 Bid Time: 10:30 a.m. Contractors Total Base Bid 1) Rud Construction $32,615 2) Rycon, Inc. $34,941 3) Don Zappa & Son Excavating $40,124 4) Friedges $43,065 5) Municipal Contracting Services $43,665 6) Landwehr $54,639 7) Ryan Contracting, Inc. $57,440 8) Arnt Construction $58,074 9) Eureka Construction $60,200 10) FM Frattalone $70,940 Low Bid $32,615 Engineer's Estimate $38,000 Percent Under Estimate -14.2% 33 Agenda Information Memo March 6, 2000 Eagan City Council Meeting PUBLIC HEARINGS A. ADOPTION OF ENABLING RESOLUTION FOR CREATION OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To approve the enabling resolution for creation of the Eagan Economic Development Authority. FACTS: • The City Council has considered a financing plan for acquisition of the Central Facilities Property that includes financing a portion of the purchase through an Economic Development Authority (EDA). The Council has directed the City Attorney's Office and staff to prepare the necessary paperwork to create an EDA for the City. The preliminary work has been completed in conjunction with Steve Rosholt of Faegre & Benson, the City's bond attorney. • On February 15, 2000 the City Council authorized publication of a public hearing notice for March 6, 2000 to consider the establishment of an EDA. That notice has appeared in the City's legal newspaper for two weeks as required by law. • Given the required closing date on the property of March 31, 2000, the time frame is tight but achievable. • As currently drafted the Board of Commissioners governing the EDA consists of five members who are the members of the City Council. • As currently drafted, the EDA as of April 1, 2000 assumes the control, authority and operation of all development activities previously held by the City's HRA. • Various other limits are placed on the EDA and are outlined in the enabling resolution. • The enabling resolution is effective immediately upon its adoption. ATTACHMENTS: • Enclosed on pages ,3.50* and , is a copy of the enabling resolution creating the Eagan EDA. ENABLING RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF EAGAN BE IT RESOLVED By the City Council of the City of Eagan, Minnesota, as follows: Section 1. Establishment of Economic Development Authority. 1.01. There is hereby established an economic development authority for the City of Eagan pursuant to Minnesota Statutes, Sections 469.090 to 469.108 (the "Act") to be known as the Eagan Economic Development Authority (the "EDA"). As provided by the Act, the EDA is a body corporate and politic and a political subdivision of the State of Minnesota. 1.02. The EDA shall be governed by a Board of Commissioners consisting of five members who shall be the members of the City Council. Section 2. Powers. 2.01. Except as otherwise provided herein, the EDA shall have the powers of economic development authorities contained in the Act and the powers of a housing and redevelopment authority under Minnesota Statutes, Sections 469.001 to 469.047 or other law and the powers of a city under Minnesota Statutes, Section 469.1-24 to 469.134. 2.02. Effective April 1, 2000, the control, authority and operation of all projects, as defined in Minnesota Statutes, Section 469.174, Subd. 8, and any other programs or projects authorized by Minnesota Statutes, Section 469.001 to 469.047, liabilities shall be transferred to the EDA from the -Housing and Redevelopment Authority in and for the City of Eagan (the "HRA"). On such date all assets and liabilities of the HRA shall be transferred from the HRA to the EDA. Upon the effective date of such transfer, any employees of the HRA shall become employees of the EDA in accordance with Minnesota Statutes, Section 469.094, Subd. 3. 2.03. Pursuant to Minnesota Statutes, Section 469.092, the following limits are placed on the authority of the EDA: (a) The sale of bonds or other obligations of the EDA must be approved by the City Council. (b) The EDA must follow the budget process for City departments in accordance with City policies, ordinances, and resolutions, and state law. (c) Development and redevelopment actions of the EDA must be in conformance with the City comprehensive plan and official controls implementing the comprehensive plan. (d) The EDA must submit its plans for development and redevelopment to the City Council for approval in accordance with City planning procedures and laws. 3c (e) The EDA shall not hire permanent or temporary employees without prior approval by the City Council. (f) The administrative structure and management practices and policies of the EDA must be approved by the City Council. 2.04. As provided in the Act it is the intention of the City Council that nothing in this resolution nor any activities of the EDA are to be construed to impair the obligations of the City or HRA under any of its contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City or HRA. Section 3. Implementation. 3.01. The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the Act to give full effect to this resolution. 3.02. The Mayor, the Clerk, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this resolution. 3.03. Nothing in this resolution is intended to prevent the City from modifying this enabling resolution to impose new or different- limitations on the EDA as authorized by the Act. 3.04. This Enabling Resolution shall be effective immediately upon its adoption. MI :586273.02 36 Agenda Information Memo March 6, 2000 Eagan City Council Meeting B. ADOPTION OF RESOLUTION ESTABLISHING DEVELOPMENT DISTRICT, APPROVING DEVELOPMENT PROGRAM AND DECLARING INTENT TO FINANCE A PORTION OF LAND COSTS ACTION TO BE CONSIDERED: • To approve the resolution establishing the development district, approving the development program and declaring intent to finance a portion of land costs. FACTS: • The City Council has considered a financing plan for acquisition of the Central Facilities Property that includes financing a portion of the purchase through an Economic Development Authority (EDA). To utilize this funding option it is necessary to establish a development district and a development program. • To retain the tax-exempt status of future bonds, it is necessary to declare the intent to finance a portion of the land costs. • On February 15, 2000 the City Council authorized publication of a public hearing notice for March 6, 2000 to consider the establishment of an EDA. That notice has appeared in the City's legal newspaper for two weeks as required by law. • Given the required closing date on the property of March 31, 2000, the time frame is tight but achievable. ATTACHMENTS: • Enclosed on pages through is a copy of the proposed development district and development program for the Central Facilities Property. Note: The purchase agreement modifies the configuration of the property slightly in the southwest corner of Exhibit A. The exhibit will be modified accordingly as the documents are finalized. Attached on page qa) is a copy of the site showing the configuration of the property being purchased as included in the purchase agreement. • Enclosed on page is a copy of the resolution establishing the development district, approving the development program and declaring intent to finance a portion of land costs. 37 • Enclosed on page 1 is a copy of the minutes of the Advisory Planning Commission meeting at which time they were consulted about the development district and development plan per the legal requirements. 3g FROM FAEGRE & BENSON (TUE) 2.15'00 13:28/ST. 13:23/NO. 4862015305 P 2 Draft: 2/15/00 DEVELOPMENT PROGRAM CENTRAL FACILITIES PROPERTY DEVELOPMENT DISTRICT NO. a A. Statement of Intent The Eagan City Council has designated the area described in Exhibit A hereto as a development district under Minnesota Statutes, Sections 469.125 to 469.134 (the "Act"). It is the intent of the City to undertake activities in the District which constitute a development program within the meaning of the Act, including carrying out the public improvements, land acquisition and other development activities hereinafter described. The City intends to work with citizens and nearby property owners to develop specific plans for utilization of property in the District. 8. Statement of Need There is a need to enhance the quality of life in the City and to provide an impetus to quality commercial development in the City. C. Development Program Objectives The objectives sought to be accomplished by the City in establishing its Development District and in carrying out the Development Program for the Development District are as follows: 1. Provide for the development of a community center. 2. Provide new roads, drainage, storm water ponding and open space amenities. 3. Provide an impetus to commercial development. D. Development District Activities The objectives of the Development District will be accomplished through the following actions. 1. Land acquisition of the 60-acre site. 2. Construction of community center, roads, drainage, storm ponding areas and open space amenities. 3. Sale of portions of the property in District for commercial development. 3? 6123363027 CITY OF EAGAN ,TEL=6516814612 02/15100 14:29 FROM FAEGRE & BENSON (TUE) 2.15'00 13:28/ST. 13:23/NO. 4862015305 P 3 E. Land Use All development on lands in the District will be for the uses described above and for uses permitted by law. The property is currently zoned as Research and Development and designated as Central Area in the Comprehensive Guide Plan. The Development Program does not involve any restrictions on the use of private property, except applicable zoning and planning restrictions. F. Land Acquisition The properties described in Exhibit A will be acquired by the City in connection with the Development Program. G. Administration The City Administrator shall be responsible for the administration of the Development District on behalf of the City. H. Environmental Controls Construction of the improvements will be subject to all environmental permits and controls required by law. No additional environmental controls are contemplated as part of the Development Program. I. Maintenance and Operation The maintenance and operation. of any public improvements constructed as part of the Development Program is expected to be the responsibility of the governmental unit having jurisdiction and responsibility therefor. It is expected that improvements under the jurisdiction of the City will be operated and maintained in the same manner as other City facilities from general funds appropriated or available therefor. MI:591199.01 -2- 410 6123363027 CITY OF EAGAN ,TEL=6516814612 02/15100 14:29 60 Acre Central Facility Property o O oo to O YANKEE DOODLE RD 500 0 500 Feet s... h.p DU. provf0.tl ey o.k.e. C y s~,/..y w i.+e YM.mytl.n D.pMnrK M.p pr.pe.0 Dy CMy of E.p~ Comn.nKy D, apnwN DyMrwil Exhibit A san ~s i Q i ? a YANKEE DOODLE ROAD 60 Ac. Community Facility Land Acquisition Map 41 a 2-29-00 RESOLUTION ESTABLISHING DEVELOPMENT DISTRICT, APPROVING DEVELOPMENT PROGRAM AND DECLARING INTENT TO FINANCE A PORTION OF LAND COSTS BE IT RESOLVED By the City Council of the City of Eagan, Minnesota, as follows: 1. There has been presented to this Council a proposed Development Program relating to a 60-acre site described therein (the "Central Facilities Property") which is proposed to be established as a development district under Minnesota Statutes, Sections 469.125 to 469.134 (the "Act"). This Council has held a public hearing and consulted with the Planning Commission on the designation of the Central Facilities Property as a development district. 2. The Central Facilities Property is hereby designated as Development District No. .1 pursuant to the Act and the Development Program is approved and adopted. 3. This Council hereby declares its intent, in cooperation with the Eagan Economic Development Authority, to issue obligations in the amount of up to $2,400,000 to reimburse part of the funds to be expended by the City to acquire the Central Facilities Property for the purposes described in the Development Program. Ml:596772.01 713 Page 11 February 22, 2000 ADVISORY PLANNING COMMISSION L.- OTHER BUSINESS Senior Planner Ridley reviewed a Memorandum prepared by the City's bond counsel in connection with the establishment of an Economic Development Authority and the financing of a City community center. Mr. Ridley noted that the City is currently negotiating a Purchase Agreement to acquire a 60-acre parcel to accommodate the community center. Member Segal moved, Member Huusko seconded, a motion to recommend the establishment of a development district for the central facilities property as outlined in the bond counsel's memorandum. All voted in favor. Agenda Information Memo March 6, 2000 Eagan City Council Meeting AGAN EDA M1 E I' TG NEW BUSINESS A. ADOPT RESOLUTION TAKING ORGANIZATIONAL ACTION OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To adopt a resolution taking organizational action of Eagan Economic Development Authority and to elect the officers of the EDA. FACTS: • The enabling resolution approved as Item A. of public hearings on the regular City Council Agenda, created an Eagan Economic Development Authority. To allow the EDA to begin functioning organizational items including the by-laws must be approved. • The organizational resolution provides that the City's Finance Director/City Clerk-Treasurer be designated as the Secretary and Assistant Treasurer, the City Administrator be designated as the Executive Director, and that the City Attorney be the chief legal advisor to the Authority. It further provides that the President and Executive Director shall take all such actions as may be necessary or expedient to effect the transfer of programs and projects of the HRA to the Authority pursuant to the Initial Resolution. • Assuming that the Secretary and Assistant Treasurer election is verified and the appointments of the Executive Director and Legal Advisor are approved, the City Council must also elect the other officers including the President, Vice President and Treasurer. Staff is recommending that the Mayor, Acting Mayor and another City Councilmember designated by the City Council be elected to those respective positions. All position duties and responsibilities are defined within the by-laws. ATTACHMENTS: • Enclosed on page is a copy of the EDA resolution taking organizational action and approving the by-laws of the Eagan Economic Development Authority. • Enclosed on pages 419 through is a copy of the by-laws as proposed for the Eagan EDA. ORGANIZATIONAL ACTION OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the Board of Commissioners of the Eagan Economic Development Authority as follows: 1. The Eagan Economic Development Authority was organized by action of the Eagan City Council on March 6, 2000 (the "Initial Resolution"). 2. The By-laws presented to this meeting are hereby approved. 3. The following are elected as officers of the Authority: President Vice President Treasurer Secretary and Assistant Treasurer Eugene Van Overbeke Such officers shall have the powers and duties described in Minnesota Statutes, Section 469.096, and the By-laws. 3. Thomas Hedges shall be employed as Executive Director of the Authority upon the terms and conditions applicable to his employment by the City of Eagan. 4. The Eagan City Attorney shall be the chief legal advisor to the Authority. 5. The President and Executive Director shall take all such action as may be necessary or expedient to effect the transfer of programs and projects of the BRA to the Authority pursuant to the Initial Resolution. M I:586278.02 BYLAWS OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "Eagan Economic Development Authority". Section 2. Seal. The Authority shall be in the form of a circle and shall bear the name of the Authority. The absence of a seal shall not affect the validity of any contract. Section 3. Office of Authority. The offices of the Authority shall be at City Hall in the City of Eagan, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Authority shall be a President, a Vice- President, a Treasurer and a Secretary-Assistant Treasurer. Section 2. President. The President shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the President shall sign all contracts, deeds and other instruments made by the Authority. At each meeting the President shall submit such recommendations and information as the President may consider proper concerning the business, affairs and policies of the Authority. Section 3. Vice-President. The Vice-President shall perform the duties of the President in the absence or incapacity of the President; and in case of the resignation or death of the President, the Vice-President shall perform such duties as are imposed on the President until such time as the Authority shall select a new President. 419 Section 4. Treasurer. The Treasurer shall perform the duties of a Treasurer for the Authority. The Treasurer shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the authority. Except as otherwise authorized by resolution of the Authority, all such orders and checks shall be counter-signed by the President or the Assistant Secretary-Treasurer. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority, at each regular meeting (or oftener when requested), an account of transactions subsequent to the prior meeting or report and also of the financial condition of the Authority. The Treasurer shall prepare a detailed financial statement at least once each year. The Treasurer shall give such bond for the faithful performance of his or her duties as the Authority may determine. Section 5. Secretary. The Secretary shall in his or her own name and title keep the records of the Authority, shall act as Secretary of the meetings of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. The Secretary need not be a member of the Board of Commissioners and may also be appointed Assistant Treasurer to perform the duties of the Treasurer. Section 6. Executive Director. The Authority may employ an Executive Director who shall have general supervision over the administration of its business and affairs, subject 2 1/2 to the direction of the Authority. He or she shall be charged with the management of the projects of the Authority, subject to specific authorization. The compensation of the Executive Director shall be determined by the Authority. Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the bylaws or rules and regulations of the Authority. Section 7. Election or Appointment. The President, the Vice-President and Treasurer shall be elected at the annual meeting of the Authority from among the Commissioners of the Authority, and shall hold office for one year or until their successors are elected and qualified. The Secretary and Executive Director shall be appointed by the Authority. Any person appointed to fill the office of Executive Director, or any vacancy therein, shall have such term as the Authority fixes, but no Commissioner of the Authority shall be eligible to this office. Section 8. Vacancies. Should the office of President, Vice-President or Treasurer become vacant, the Authority shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. When the office of Secretary or Executive Director becomes vacant, the Authority shall appoint a successor, as aforesaid. Section 9. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its power, duties and functions as prescribed by the laws of Minnesota applicable thereto. The selection and compensation of such personnel 3 f (including the Executive Director) shall be determined by the Authority subject to the laws of the State of Minnesota. ARTICLE III - MEETINGS Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the first Tuesday of January at seven o'clock p.m. at the regular meeting place of the Authority. Section 2. Regular Meetings. Regular meetings shall be held without notice at the regular meeting place of the Authority on the dates and at the times established for regular meetings of the City Council. Section 3. Special Meetingss. Special meetings of the Authority may be called by the President, or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least two (2) days prior to the date of such special meeting. At such special meeting no business shall be considered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting. Section 4. Quorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. 4 so When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the Commissioners present. Section 5. Order of Business. At the regular meetings of the Authority the following shall be the order of business: 1. Roll call 2. Reading and approval of the minutes of the previous meeting 3. Bills and communications 4. Report of the Executive Director 5. Reports of committees 6. Unfinished business 7. New Business - 8. Adjournment All resolutions shall be in writing and shall be copied in the journal of the proceedings of the Authority. Section 6. Manner of Voting on Resolutions. The voting on all resolutions before the Authority shall be by roll call, and the yeas and nays shall be entered upon the minutes of such meeting. ARTICLE IV - COMPENSATION. EXPENSES Section 1. Compensation. The Authority may at its annual meeting set levels of compensation for the commissioners. Levels of compensation may be set for regular and special meetings and will be in force for that year. The person or persons requesting said 5 si special meeting may be made to pay the salary costs of said special meeting, or the Authority may charge the costs to a particular project or pay said costs from its general funds. Each commissioner may be paid for attending meetings of the Authority, regular and special, up to twenty-five dollars ($25.00) per meeting, the aggregate of all payments to each commissioner for any one year not to exceed, however, fifteen hundred dollars ($1500.00). Section 2. Expenses. Each commissioner shall be entitled to received necessary expenses incurred while traveling on Authority business with prior approval of the Authority. The Authority may set levels of compensation at its annual meeting. ARTICLE V - AMENDMENTS Amendments to Bylaws. The bylaws of the Authority shall be amended only with the approval of at least three of the members of the Authority at a regular or a special meeting. MI:546210.02 6 Agenda Information Memo March 6, 2000 Eagan City Council Meeting ±rnA invG B. ADOPT A RESOLUTION DECLARING INTENT TO FINANCE A PORTION OF LAND COSTS ACTION TO BE CONSIDERED: To adopt an EDA resolution declaring intent to finance a portion of land costs. FACTS: • Previous City Council action has created an Eagan Economic Development Authority and declared the City's intent to utilize the EDA to issue bonds to finance a portion of the acquisition of the Central Facilities Land. • Obligations in the amount of up to $2,400,000 including various issuance costs and the required funding for reserves have been contemplated to be sold by the EDA with approximately $2,000,000 loaned to the City to be used as a portion of the money used to purchase the Central Facilities Land. • To retain the tax-exempt status of future bonds, it is necessary for the EDA through its Board of Commissioners to approve the resolution to declare the intent to finance a portion of the land costs. ATTACHMENTS: • Enclosed on page & 7' is a copy of the EDA resolution declaring intent to finance a portion of land costs. $3 RESOLUTION DECLARING INTENT TO FINANCE A PORTION OF LAND COSTS BE IT RESOLVED By the Board of Commissioners of the Eagan Economic Development Authority, as follows: 1. There has been presented to this Board a Development Program relating to a 60-acre site described therein (the "Central Facilities Property") which is being established as a development district by the City of Eagan under Minnesota Statutes, Sections 469.125 to 469.134 (the "Act"). As contemplated by the Development Program, the City plans to acquire the Central Facilities Property at a cost of $7.4 million. A portion of the purchase price is proposed to be fmanced by the issuance of bonds by this Economic Development Authority and the loan of the proceeds to the City. 2. This Board hereby declares its intent to issue obligations in the amount of up to $2,400,000 to make a loan to the City to reimburse part of the funds to be expended by the City to acquire the Central Facilities. M I:596869.01 Sc Agenda Information Memo March 6, 2000 C. PROJECT 787. CHAPEL HILL BAPTIST CHURCH UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve/deny Project 787 (Chapel Hill Baptist Church - Utility Improvements) and, if approved, authorize the preparation of detailed final plans and specifications. FACTS: • On November 5, 1999, city staff received a petition from Jamie Booth, Deacon of Facilities, representing Chapel Hill Baptist Church, 1488 Pilot Knob Road, requesting the installation of sanitary sewer and water main for the church. The request included the preparation of a feasibility report and plans and specifications. • On November 16, the City Council directed staff to prepare a feasibility report addressing the scope, cost, schedule and financing of the extension of new utility improvements to Chapel Hill Baptist Church, southeast of the intersection of Grace Drive and Pilot Knob Road. • On February 1, 2000, the feasibility report for Project 787 was presented to the City Council and a Public Hearing was scheduled for March 6 to formally present and discuss the report with the neighborhood. • An informational meeting was held on February 24 at 4:30 p.m. at City Hall. Two persons representing two of the three parcels proposed to be assessed attended the informational meeting. City staff also met with the property owner and representatives of the remaining parcel to be assessed before and after the informational meeting. They were provided with the same information provided at the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages $ throw h '20 • Project Information Summary, page • Minutes From Informational Neighborhood Meeting, pages through _7. City of Eagan Report for Chapel Hill Baptist Church Utility Improvements City Project No. 787 Eagan, Minnesota March, 2000 ~~6 city of ccigan PATRICIA E. AWADA Mayor March 2, 2000 PAUL BAKKEN BEA BLOMQUIST Honorable Mayor and City Council PEGGY A. CARLSON SANDRA A. MASIN City of Eagan Council Members 3830 Pilot Knob Road THOMAS HEDGES Eagan MN 55122 City Adminrstrotcr E. J. VAN OVERBEKE Re: Chapel Hill Baptist Church City Clerk Utility Improvements Project No. 787 Dear Mayor and Council: Attached is the feasibility report for the Chapel Hill Baptist Church -Utility Improvements. The proposed improvements are presented and discussed within the report, along with a detailed cost estimate and a preliminary assessment roll. City staff will be pleased to meet with the Council at your convenience to review and discuss the contents of this report. Sincerely, ohn P. Gorder, P.E. Development/Design Engineer I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. John P. Gorder Reviewed by: L~"" ci Date: 3- 2. 00 Reg. No. 2:813 Department of Public Works Date: 3 -O O Reviewed by: 'nance Department Date:_ 3 - 00 MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122-1897 EAGAN. MINNESOTA 55122 PHONE: (651) 6614600 PHONE: (651) 681.4300 FAX: (651) 681-4612 Equal Opportunity Employer FAX: (651) 681-4360 TDO (651) 454-8535 www.cityofeooan.com TDD: (651) 454-8535 CHAPEL HILL BAPTIST CHURCH UTILITY IMPROVEMENTS EAGAN MN PROJECT NO 787 Table of Contents Letter of Transmittal ....................................................................................1 Table of Contents .........................................................................................2 Introduction .................................................................................................3 Feasibility & Recommendation ...................................................................3 Discussion ....................................................................................................3 Easements & Permits ...................................................................................4 Cost Estimate ...............................................................................................4 Assessments .................................................................................................4 Revenue Sources ..........................................................................................5 Projeci Schedule ..........................................................................................5 Appendix A - Preliminary Cost Estimate ....................................................6 Appendix B - Preliminary Assessment Roll ...............................................6 Figure 1 - Location Map Figure 2 -Utility Extension Improvements Figure 3 - Easements 2 REPORT FOR CHAPEL HILL BAPTIST CHURCH UTILITY IMPROVEMENTS EAGAN MN PROJECT NO 787 INTRODUCTION Chapel Hill Baptist Church was constructed in 1987 east of Pilot Knob Road north of Lebanon Hills Regional Park (see Figure 1). The Church was granted a variance by the City Council to allow an onsite well and septic system to serve their utility needs at that time. The Church is proposing to expand their facilities on the site for which they now wish to be served with City sanitary sewer and water main utilities. The Church has petitioned the City to extend the public utilities to serve the site. FEASIBILITY AND RECOMMENDATION The project is necessary to provide City utility service to Chapel Hill Baptist Church as well as future utility service to undeveloped properties north of the Church. The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's Comprehensive Utility Policy Plans. The project is cost-effective in that it allows the Church and adjacent properties to further develop to their highest potential with City sanitary sewer and water main. It is recommended that the utility improvements be constructed as proposed in this report in combination with other similar utility projects in the City. DISCUSSION This project provides for extending .an 8" diameter sanitary sewer and 8" diameter water main across Parcel 010-51(4884 Pilot Knob Road) from existing stubs at the south edge of Lot 7, Block 2, Fairway Hills 4th Addition (4770 Cypress Point) south to Grace Drive. These utility lines would serve the current needs of Chapel Hill Church as well as possible future subdivision of Parcels 010-51 (4884 Pilot Knob Road) and 021-51 (4880 Pilot Knob Road). The proposed sanitary sewer and water main alignments are located along the east edge of Parcel 010-51, as shown on Figure 2. £9 3 EASEMENTS AND PERMITS Chapel Hill Baptist Church has provided the City with evidence of a private drainage & utility easement between the owners of Parcel 010-51 and the Church. This easement would allow the Church to construct private sanitary sewer and water main lines across Parcel 010-51. However, since the Church has petitioned the City to construct these utility lines as a public improvement, public drainage & utility easements across Parcels 010-51 and 021-51 will need to be obtained. Easement requirements are shown on Figure 3 and estimated below: Parcel 010-51 9,000 sq. ft. (Permanent easement - 300' x 30') 6,000 sq. ft. (Temporary easement - 300' x 20') Parcel 021-51 800 sq. ft. (Permanent easement /2 x 40' x 40') 1,000 sq. ft. (Temporary easement - 50' x 20') Permits are required from the MN Pollution Control Agency, the Metropolitan Council - Environmental Services (sanitary sewer), and MN Department of Health (water main). COST ESTIMATE A detailed cost estimate for Project 787 is presented in Appendix A, and is summarized below. The total estimated project cost is $44,650, which includes the estimated easement costs, 10% for contingencies and 30% for indirect costs, which include administrative, engineering, interest, and legal expenses. Sanitary Sewer $22,610 Water Main $22.040 Total $44,650 4 ASSESSMENTS Assessments are proposed to be levied against three properties, including Chapel Hill Baptist Church, on an area basis in accordance with Eagan's Special Assessment Policy and the increase in value based on the special benefit consistent with State Statutes. The estimated lateral assessments associated with the improvements will be revised based on final project costs. Sanitary sewer and water main trunk charges, based on the City's 2000 Fee Schedule, are also proposed to be assessed to those properties in the project area that have not been previously assessed for trunk utilities, Parcels 010-51 and 021-51. Chapel Hill Baptist Church previously paid their trunk charges at time of development and is not proposed to be assessed trunk charges under this project. A preliminary assessment roll is included in Appendix B located in the back of this report. The rate calculation and a summary of the assessments are shown below: Area (acres) Parcel 010-51 (4884 Pilot Knob Road) 2.50 Parcel 021-51 (4880 Pilot Knob Road) 6.50 Chapel Hill Baptist Church 8.41 Total 17.41 Lateral Assessment Sanitary Sewer Lateral Assessment Rate = $22,610 / 17.41 Acres = $1,299/ Acre Water Main Lateral Assessment Rate = $22,040/ 17.41 Acres = $1.266/ Acre Total Lateral Assessment = $2,565/ Acre Trunk Assessment Trunk Sanitary Sewer Assessment Rate = $1,870/ Acre Trunk Water Main Assessment Rate = $1,960/ Acre Total Trunk Assessment = $3,830/ Acre 5 ASSESSMENT FINANCING The assessed properties will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in their property tax. If the assessment is included with the property tax, the assessment will be spread over 15 years with the interest rate determined by results of the bond sale used to finance the improvements. Lateral Assessment Estimated Assessment = $2,565/ Acre Estimated Interest Rate = 6.5% Principal Interest Total Per Year Per Year Per Year 15` Year $171 $167 $338 15`h Year $171 $11 $182 Trunk Assessment Assessment = $3,830/ Acre Estimated Interest Rate = 6.5% Principal Interest Total Per Year Per Year Per Yea Pt Year $255 $249 $504 15`s Year $255 $17 $272 C 6 REVENUESOURCE Property City Project Cost Assessment Contribution Sanitary Sewer $22,610 $22,610 -0- Water Main $22.040 $22.040 -0- Totals $44,650 $44,650 -0- PROJECT SCHEDULE Present Draft Feasibility Report/ Order Public Hearing February 1, 2000 Neighborhood Meeting February 24, 2000 Public Hearing March 6, 2000 Approve Plans & Specifications April 4, 2000 Open Bids/Award Contract May, 2000 Project Completion July, 2000 Assessment Hearing September, 2000 First Payment Due with Real Estate Taxes Spring 2001 63 7 APPENDIX A PRELIMINARY COST ESTIMATE CHAPEL HILL BAPTIST CHURCH UTILITY IMPROVEMENTS EAGAN MN PROJECT NO 787 Part I. - Sanitary Sewer QX,. Ilnil h= Tot 1 LS Clear & grub trees $2,000 300 LF 8" PVC, SDR 35 Sanitary Sewer @ $23/LF 6,900 1 EA Standard manhole w/casting @ $1,700/EA 1,700 1 EA Connect to ex. MH @ $1,000/EA 1.000 Subtotal $11,600 + 10% Contingencies 1.160 Subtotal $12,760 + 30% Indirect Cost 3.830 Subtotal $16,590 + Easements0 Total $22,610 Part II. - Water Main Qlx, ilnit IL~m To l 300 LF 8" DIP, Cl. 52 Water Main @ $23/LF $6,900 1 EA Hydrant @ $1,600/ EA 1,600 300 LF Silt fence @ $4ILF 1,200 0.5 AC Seeding @ $3,000/AC 1,500 Subtotal $11,200 + 10% Contingencies 1.120 Subtotal $12,320 + 30% Indirect Cost 3.700 Subtotal $16,020 + Easements 6.020 Total $22,040 Total Estimated Project Cost = $44,650 8 APPENDIX B PRELIMINARY ASSESSMENT ROLL CHAPEL HILL BAPTIST CHURCH UTILITY IMPROVEMENTS PROJECT NO 787 Area Water Main Assessment Sanitary Sewer Assessment Total Parcel !.D. Address (acres) Lateral Trunk Lateral Trunk Assessment 10-03400-010-51 4884 Pilot Knob Road 2.50 $3,165 $4,900 $ 3,248 $4,675 S15,988 10-03400-021-51 4880 Pilot Knob Road 6.50 $8,229 $12,740 $8,444 $12,155 $41,568 Lot 1, Block I Chapel Hill 4888 Pilot Knob Road 8.41 $10,647 $10,925 $21,572 Totals 17.41 $22,040 $17,640 S22,610 $16,830 $79,120 Water Main Lateral Assessment Rate = $1,266/ Acre Sanitary Sewer Assessment Rate = $1,299/Acre Water Main Trunk Assessment Rate = $1,960/ Acre Sanitary Sewer Trunk Assessment Rate = $1,870/ Acre G:FEASIBILITY REPORTS '00 Chapel Hill Baptist Church 6s" 9 28- o 1 ~J . W.R Wa SEAS CIR T. OAK N CHASE PARK TH MAS s UN I PARK LAKE WILDERNESS {OMAS o LN. C S THOMAS ESIOE 2 uRv LAKE R o Ow O D Q v~`~ m ~a CIR. d C 1 z c c0 RY 4, $ rn w Y 4?,~ LN. 000 ~P o W G -P o 0. 99 x 0 cy ( CO. RD. 32 CUFF ROAD a J ZO R 'S A TRENTON WALDEN CT. v'-i c 62 o C~,~Q LN. o HEIGHTS = PARK 3 aR PARKVIEW I DO ORES GOLF a COURSE 92 cn DR. GEORGE EBANON ~ OHMANN S PARK 3 EG10NA GRACE DR. PROJECT WO, WEW C WAY LOCATION G oDR. z° M~0 CT CiR CARRIAGE o d 0 JENSEN LAKE z d r\fl LKJ 0 1000 1-18-00 G: \PROJECTDRAMANGS\787CHAPELHILL\787LOMAP.DWG CHAPEL HILL BAPTIST CHURCH FIGURE SANITARY SEWER EXTENSION Cm OF EACH LOCATION MAP-PROJECT #787 0 200 3 aAL1 10 1-20-00 6 7 i TO EX. 8` STUBS 1 01 -51 12.50 Acres I Q 021-51 0 6.50 Acres ~EASEMEN ORARY~ I I 3481 0' PERMANENT-~ EASEMENT _ 10' - Q o GRACE DR. Q PARKING I ONSTRUCT MH J , 1 CHAPEL HILL BAPTIST CHURCH I 8.41 Acres { CONNECTION TO BLDG. BY OTHERS 010-52 9 G:\PROJECTDRAMANGS\787CHAPELHILL\PROJ787.DWG CHAPEL HILL BAPTIST CHURCH nGLW UTILITY IMPROVEMENTS 2 CITY OF EAC,~w PROJECT 787 V) 8 5 6 7 CONNECT TO ~n Y EX. 8" STUBS 4880 20' TEMPORARY-~-~ Q EASEMENT iA EASEMENT - - - ~ 10' PLUG 8" WMN 3 GRACE DR. CONSTRUCT MH F PARKING D LKj 0 too 1-20-00 Chapel Hill Baptist CONNECTION TO BLDG. BY OTHERS Church G: \PROJECTDRA 1NGS\787CHAPELHILL\7870ET.DWG CHAPEL HILL BAPTIST CHURCH FIGURE UTILITY IMPROVEMENTS - EASEMENTS 3 CITY of EAGM PROJECT 787 CHAPEL HILL BAPTIST CHURCH PROPOSED UTILITY IMPROVEMENTS PROJECT 787 Preliminary Project Schedule • November 5, `99 Petition Received Requesting Public Utilities Up to Grace Drive • November 16, `99 City Council Authorizes Feasibility Report • February 1, `00 Present Feasibility Report to City Council/Order Public Hearing • March 6, '00 Public Hearing - Council Orders Plans & Specs or Denies Project • April 4, `00 Approve Plans & Specifications • May, `00 Award Contract • June, `00 Construction Begins • July, '00 Construction Completed • August 15, '00 Final Cost Report • September, '00 Final Assessment Public Hearing • May 15, `01 ls` Installment Payment Due With Real Estate Property Taxes Preliminary Costs - Feasibility Report • $24,470 Lateral Sanitary Sewer Improvements • $23,900 Lateral Water Main Improvements • $48,370 Proposed Total Project Cost • $48,370 (100%) Proposed Lateral Assessment to Property Owners Proposed Special Assessments • Proposed Assessment: $1,405 per Acre for Sanitary Sewer Lateral Assessment $1,372 per Acre for Water Main Lateral Assessment $1,870 per Acre for Sanitary Sewer Trunk Assessment $1,960 per Acre for Water Main Trunk Assessment • Prepayment option with no interest available for 30 days after Assessment Hearing • Any unpaid balance is certified to county to be collected with property taxes over 15 years • Interest rate is calculated on any remaining unpaid balance at the end of each year • Assuming no prepayment, annual cost: (Assumed 6.5% Interest) Sewer/Water Combined Lateral Assessment • $396 per Acre per year 1s` year $32.98 per Acre per month I" year • $197 per Acre per year 15`h year $16.43 per Acre per month 15`h year Sewer/Water Combined Trunk Assessment • $504 per Acre per year ls` year $42 per Acre per month 1$` year • $272 per Acre per year 15`h year $ 22.67 perAcre per month 15`h year i CHAPEL HILL BAPTIST CHURCH UTILITY IMPROVEMENTS CITY PROJECT NO. 787 INFORMATIONAL NEIGHBORHOOD MEETING February 24, 2000 Attendance: John Gorder- Design/ Development Engineer, 2 people representing 2 properties (including Chapel Hill Church). See attached sign-in sheet A. Welcome and Introduction Design/ Development Engineer Gorder provided the attendees with a brief overview of the project. He explained the public improvement process, the proposed project cost, assessments, construction, and schedule. B. Questions/Comments: 1. Mr. Doering (4884 Pilot Knob Road) asked why he should be assessed for something the Church needs or wants? When would I have to pay this assessment? The City Assessment Policy provides for assessing all benefiting properties for the cost of the improvements. The utility extensions would benefit his property and is proposed to be assessed. The Council has the option to levy this assessment after the project is'completed or to defer the assessment until the property hooks up to the system or is subdivided. 2. Mr. Doering asked why the Church is asking the City to install these utilities when it was his understanding that the Church would install them privately at their own cost through a private easement on his property? The Church is petitioning the City to install them to spread the costs to other benefiting properties. Also, the assessment cost to them can be spread out over a number of years on their taxes, in this case 15 years. 3. Where will the utility lines be placed? There are proposed to be constructed mainly within Parcel 010-51 (4884 Pilot Knob Road) in an easement along the east edge of the property. A public easement will need to be obtained from that property for this construction. Easement acquisition costs are included in the estimated costs. 4. Mr. Doering indicated that he wants to be compensated for the easement across his property. 5. Mr. Doering asked who is responsible for moving his existing woodpile in the proposed easement area to accommodate construction. After some discussion, Mr. Doering proposed and the Church representative, Mr. Shoemaker, agreed that possibly a Church group could be organized to relocate the substantial woodpile. The meeting adjourned at 5:00 p.m. '7? INFORMATIONAL NEIGHBORHOOD MEETING CHAPEL HILL BAPTIST CHURCH THURSDAY, FEBRUARY 24,2000,4:30 P.M. NAME ADDRESS r ./OT KWIP Rd ?oya 4(4/ 2. re (fI0e/la i e/ 7Ajo /7~ °~s ~~-~'~a.~ev, •r/P. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet Agenda Information Memo March 6, 2000 D. PROJECT 750. TH 55 & BLUE WATER ROAD ACCESS MODIFICATIONS & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve/Deny Project 750 (TH 55 /Blue Water Road - Access Modifications and Street Improvements) and authorize the preparation of detailed final plans and specifications. FACTS: • The City of Eagan entered into a Joint Powers Agreement with MnDOT to perform an access modification study for State Highway 55 (Regional Principal Arterial) from Lexington Avenue to Inver Grove Heights as part of the overall Grand Oak Business Park traffic study (Project 736). • On September 14, 1998, the City Council directed staff to prepare a feasibility report considering the installation of a new traffic control signal at the intersection of TH 55 and Blue Water Road, along with the modification of various accesses and the construction of a frontage road on the south side of TH 55. • On October 20, 1998, the City Council approved a resolution authorizing staff to submit an application for MnDOT funding participation for Project 750 through the Local Initiative Agreements Program. Funding has been approved in the amount of $410,400 for the 2001 fiscal year (beginning July 1, 2000). • On June 1, 1999, the access modification study was presented to the City Council. The results of the study recommended a new frontage road along the south side of TH 55 from Blue Water Road to TH 149/Commers Drive as a result of reducing and restricting driveway access onto TH 55. The Council formally adopted the findings and recommendations of the study. • On February 15, 2000, the feasibility report for Project 750 was presented to the City Council and a Public Hearing was scheduled for March 6 to formally present and discuss the report with the public. • An open house was held on February 24 from 4:00 p.m. to 6:00 p.m. in the Council Chambers at City Hall. Numerous property owners within the area adjacent to TH 55 were invited. 4 people representing 4 properties (only 29% of the assessable properties) attended the informational meeting. Other property owners since the open house have contacted staff. Correspondence received from all of the property owners has been included as attachments. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages r~ / 5 through . • Project Summary, page -1~- • Sign-up Sheet from Open House, page • Comment From Open House, page . ~ • Correspondence From Property Owners, pages iv through. 7c/ i FEASIBILITY STUDY AND REPORT FOR TH 55 SOUTH FRONTAGE ROAD WEST OF TH 149 EAGAN, MINNESOTA CITY PROJECT NO. 750 February 2000 REVIEWED BY: I City of Eagan Department of Public Works Date: 3- OO I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered REVIEWED BY: Professional Engineer under the laws of the State of Minnesota. Ci Eagan Finance Department Date: 3-:k - 60 Reg. No. Date: 3 " 3 ' 00 SRF No. 0983201 SRF No. 0983201 February 9, 2000 Honorable Mayor and City Council CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and Members of the Council: SUBJECT: TH 55 SOUTH FRONTAGE ROAD WEST OF TH 149 CITY OF EAGAN PROJECT No. 750 Enclosed please find the Feasibility Report for the proposed frontage road improvements to serve the area south of TH 55 between Lexington Avenue and Commers Drive. The project proposed herein is consistent with the City's Comprehensive Plans, and is feasible from an engineering standpoint. We would be pleased to meet with the City Council, staff and other interested parties to review any aspect of this report. Sincerely, SRF CONSULTING GROUP, INC. Matthew D. Hansen, P.E. Senior Associate James R. Dvorak, P.E. Vice President MDH/JRD/bls Enclosure TH 55 SOUTH FRONTAGE ROAD WEST OF TH 149 EAGAN, MINNESOTA CITY PROJECT NO. 750 TABLE OF CONTENTS Page No. LETTER OF TRANSMITTAL TABLE OF CONTENTS 1. INTRODUCTION 1 II. SUMMARY AND RECOMMENDATIONS 2 III. PROJECT. DESCRIPTION 3 A. Street Improvements 3 B. Storm Sewer Improvements 4 IV. RIGHT-OF-WAY AND EASEMENTS 5 V. PERMITS 6 VI. ESTIMATED COSTS 7 Table I - Estimated Costs 7 VII. AFFECTED PROPERTIES 8 VIII. ASSESSMENTS 9 A. Assessment Summary 9 Table 2 - Proposed Assessments 9 B. Assessment Financing Options 10 IX. REVENUE SOURCES 11 X. PROJECT SCHEDULE 12 APPENDIX • Detailed Preliminary Estimate of Construction Costs • Assessment Calculations • Figure 1 - Project Location Map • Figure 2 - Proposed Street and Storm Sewer Improvements • Figure 3 - Proposed Street and Storm Sewer Improvements • Figure 4 - Proposed Street and Storm Sewer Improvements • Figure 5 - Proposed Typical Section • Figure 6 - Parcel Map I. INTRODUCTION Preparation of this Feasibility Study was authorized by the City Council for the construction of a new frontage road to serve the commercial and industrial properties along the south side of TH 55 between Lexington Avenue (Dakota County Road 43) and Commers Drive. The project is located near the I-35E - 1-494 interchange in the northeast corner of Eagan (see Figure 1). The proposed frontage road is on the south side of TH 55, and the access modifications to the existing median are consistent with recommendations made in two recent planning documents; the Grand Oaks Business Park AUAR (Alternative Urban Area-wide Review), and the TH 55 Access Management Plan. In the Fall of 1998, the City of Eagan and Mn/DOT commissioned SRF Consulting Group, Inc. to perform a traffic engineering access management study to determine the best number, type and location of access points to TH 55 within the City of Eagan. The TH 55 Access Management Plan examines how access to TH 55, in the project area, can be managed to enhance safety and improve mobility while maintaining adequate access to current and future adjacent properties. This report identifies the street and storm sewer improvements necessary to serve the adjacent properties. ~~1 H. SUMMARY AND RECOMMENDATIONS City Project No. 750, as outlined herein, is feasible from an engineering standpoint. The proposed roadway and storm sewer improvements are consistent with current City standards. The total cost of this project is estimated to be $880,900. It is recommended that the Council consider the project for the following reasons: • This project is necessary based on recommendations made in the TH 55 Access Management Plan. The project will improve traffic flow and safety by consolidating turning movements and conflicts for vehicles accessing businesses on the south side of TH 55. • The proposed improvements to TH 55 were identified as part of a Traffic Congestion Mitigation Plan in the Grand Oaks Business Park AUAR. • Mn/DOT supports the proposed improvements, and will participate in the project funding through the Local Initiative Cooperative Agreements Program. • This project is cost effective in that constructing the frontage road and median modifications will result in a considerable reduction in local traffic congestion and will add value to the adjacent individual properties. • The frontage road construction and median modifications would best be carried out as one improvement project and one Contract. It is recommended that the City Council receive the Feasibility Study and schedule a public hearing for the proposed project area. 112 III. PROJECT DESCRIPTION A. STREET IMPROVEMENTS Currently, businesses along the south side of TH 55 between Lexington Avenue and Commers Drive have direct access to and from TH 55. In addition to the full access provided at Lexington Avenue and Commers Drive (TH 149N), there are four (4) median openings (providing full access) and two (2) driveway locations (with right-in/right-out access) along this 0.8 mile segment. The previously mentioned AUAR Mitigation Plan and TH 55 Access Management Plan recommend construction of a frontage road along the south side of TH 55 to consolidate traffic entering and exiting TH 55 in this area. Under City Project No. 750, it is proposed to extend the existing frontage road (Commers Drive) from TH 149 approximately 2,300 feet westerly within existing and proposed right-of-way (see Figures 2, 3 and 4). It is proposed to construct the frontage road as a 32 foot two-lane undivided roadway with curb and gutter (see Figure 5). In addition to the construction of a frontage road, the proposed improvements include closing three (3) median openings on TH 55 between Lexington Avenue and TH 149N. It is proposed to construct curb and gutter and raised concrete median at the three locations shown in Figures 2, 3 and 4. Driveway modifications are also proposed at the entrance to Parcel A (see Figure 6) to restrict vehicles to right-in access only from TH 55. Traffic signals are currently in place at the TH 55/Lexington Avenue intersection and TH 55/TH 149N intersection. In addition to these two signals, the Access Management Plan recommends installation of a new traffic signal at the TH 55/Blue Water Road intersection. However, Mn/DOT will not approve a signal at this location until specific traffic warrants are met. Costs for this proposed traffic signal ($202,500) have been included in the project even though it may not be constructed at the same time as the roadway improvements. The estimated cost for roadway and signal improvements is $809,900. gV 3 B. STORM SEWER IMPROVEMENTS City Project No. 750 lies within drainage district F as defined in the Eagan Comprehensive Storm Water Management Plan (1990). Storm water runoff from this area is generally conveyed to O'Neil Pond (Basin FP-1) via ditches and storm sewer culverts. Minor adjustments to existing catch basins and storm sewer in TH 55 are proposed due to the median reconstruction. Storm sewer is proposed to collect runoff from the frontage road and discharge to existing storm sewer within TH 55 as shown in Figures 2, 3 and 4. The estimated cost for storm sewer improvements is $71.000. 4 IV. RIGHT-OF-WAY AND EASEMENTS Most of the street and storm sewer improvements proposed in this report are anticipated to be constructed within the existing TH 55 right-of-way. Some additional right-of-way will be required from Parcels C, D, E and G as follows: Parcel C 13,240 sq. ft. permanent right-of-way Parcel D 5,200 sq. ft permanent right-of-way Parcel E 1,400 sq. ft. permanent right-of-way Parcel G 5,470 sq. ft. permanent right-of-way Total 25,310 sq. ft. The total area of proposed right-of-way is approximately 25,310 sq. ft., and costs for this right-of-way acquisition ($75,930) have been included in the project cost estimate. Mn/DOT approval will be required for proposed construction within State right-of-way. Any temporary easements required to complete the project, such as those needed for grading or driveway reconstruction, will be identified and obtained during final design. 5 V. PERMITS Permits for the improvements proposed under City Project No. 750 will be required from the following agencies: • Minnesota Department of Transportation (permit to work within right-of-way) g3 6 VI. ESTIMATED COSTS The estimated cost of City Project No. 750 is summarized below in Table 1. The total project cost is based on preliminary construction costs (including contingencies), plus an additional 35 percent for engineering design, inspection, contract administration and capitalized interest. A detailed estimate of the preliminary construction cost is included in the Appendix. TABLE 1 ESTIMATED COSTS CITY PROJECT NO. 750 TH 55 SOUTH FRONTAGE ROAD WEST OF TH 149 Street and Storm Sewer Improvements Estimated Cost Frontage Road Construction $425,700 TH 55 Median Modifications $252,700 TH 55/Blue Water Road Traffic Signal $202,500 Total Project Cost $880,900 7 VII. AFFECTED PROPERTIES The properties in the area that are affected by the proposed improvements and require notification of the public hearing are listed as follows (see Figure 6 for Parcel Map): Parcel Property Owner Property I. D. Property Description Address A Atlas of MN, Inc. 10-53320-081-00 Part of Lots 7 and 8 [1] 2767 Highway 55 B K.W. McKee, Inc. 10-53320-082-00 Part of Lots 7 and 8 [1] 2785/2787 Highway 55 C K.W. McKee, Inc. 10-53320-071-00 Part of Lots 7 and 8 [1] 2795 Highway 55 D Atlas of MN, Inc. 10-53320-072-00 Part of Lots 6 and 7 [1] 2811/2813/2815 Highway 55 E Atlas Investment Company 10-53320-053-00 Part of Lot 5 [1] Unassigned F Metro Council Envir.Serv. 10-53320-054-00 Part of Lot 5 [1] 2861 Highway 55 G TP Universal Exports 10-53320-040-00 Part of Lot 4 [1] 2875 Highway 55 H Eagan Business Commons 10-22402-032-01 Part of Lot 3 Block 1 [2] 2915 Commers Drive I Eagan Business Commons 10-22402-031-01 Part of Lot 3 Block 1 [2] 2915 Commers Drive J Atlas of MN, Inc. 10-53320-080-00 Part of Lots 7 and 8 [1] 2755 Highway 55 K Atlas of MN, Inc. 10-00200-020-29 Part of SE 1/4 of NW 1/4 [3] Unassigned L J. and J. Bhakta 10-00200-010-29 Part of SE 1/4 of NW 1/4 [3] 2745 Highway 55 M Eagan Properties Realties 10-00200-010-31 Part of SW 1/4 of NW 1/4 [3] Unassigned N Parking Associates LLC 10-00200-010-28 Part of NW 1/4 [3] Unassigned N Parking Associates LLC 10-00200-020-28 Part of NW 1/4 [31 Unassigned 0 WisPark Corp. 10-30801-010-02 Lot 1, Block 2, Grand Oak 2 2755 Blue Water Road P WisPark Corp. 10-30801-010-00 Outlot A, Grand Oak 2 Unassigned Q WisPark Corp. 10-30801-030-00 Outlot C, Grand Oak 2 Unassigned R Mary Imre 10-53320-061-00 Part of Lot 6 [11 2826 Highway 55 S Mary Imre 10-53320-062-00 Part of Lot 6 [1] Unassigned T Mary Imre 10-53320-061-00 Part of Lot 6 [1] 2826 Highway 55 U TMI Coating Inc. 10-53320-052-00 Part of Lot 5 [1] 2850 Highway 55 Property Description Key: [11 Robert O'Neill Homestead [2] Eagan Business Commons [31 Section 2, T27N, R23W S8 VIII. ASSESSMENTS A. ASSESSMENT SUMMARY For assessment purposes, City Project No. 750 is split into two components. Costs associated with improvements to the TH 55 median, and the proposed signal at TH 55/Blue Water Road, are proposed to be paid by a combination of Mn/DOT cooperative agreement funds and City funds. Costs associated with construction of the frontage road are proposed to be assessed to adjacent properties in accordance with the City's Special Assessment Policy and as shown in Table 2 below. TABLE 2 PROPOSED ASSESSMENTS CITY PROJECT NO. 750(l) Proposed Proposed Total Parcel Street Frontage Assessment Rate Assessment A 82 ft. 182.72/ft. $ 14,980 B 180 ft. 182.72/ft. $ 32,890 C 360 ft. 182.72/ft. $ 65,770 D 837 ft. 182.72/ft. $152,930 E 541 ft. 182.72/ft. $ 98,850 G 165 ft. 182.72/ft. $ 30,140 H 165 ft. 182.72/ft. $ 30.140 TOTAL $425,700 See Appendix for proposed assessment rate calculations. 010 9 B. ASSESSMENT FINANCING OPTIONS At the time of the assessment hearing, property owners will have the option of paying any portion of the assessment following the assessment hearing or including the assessment as part of their property tax statement. If the assessment is included on the property tax statement, the assessment will be spread over a 15-year period at an interest rate determined by the bond sale financing this improvement. The following payment schedules would result based on a 6.5 percent interest rate for the proposed assessments: ASSESSMENT = $30,000 Principal/Year Interest/Year Cost/Year Cost/Month First Year $2,000 $1,950 $3,950 $329 Second Year $2,000 $1,820 $3,820 $318 Fifteenth Year $2,000 $ 130 $2,130 $178 ASSESSMENT = $150,000 Principal/Year Interest/Year Cost/Year Cost/Month First Year $12,500 $9,750 $22,250 $1,854 Second Year $12,500 $8,938 $21,438 $1,787 Fifteenth Year $12,500 $ 813 $13,313 $1,109 g 10 IX. REVENUE SOURCES Revenue to cover the cost of City Project No. 750 is expected from a combination of assessments, Mn/DOT funds and City funds and is estimated as follows: Mn/DOT Cooperative Project Assessment Agreement City Cost Revenue Fu nding Contribution Street and Storm Sewer Frontage Road $425,700 $425,700 -0- -0- TH 55 $252,700 -0- $227,800 $24,900 Traffic Signal $202,500 -0- $182,600 $19,900 Total Balance $880,900 "$425,700 $410,400 $44,800 According to the Mn/DOT Cooperative Agreement office, funding has been set aside to cover up to $410,400 of the project costs associated with TH 55 improvements. The estimated project cost deficit of $44,800 will be financed by the City's Major Street Fund. 11 X. PROJECT SCHEDULE The proposed schedule for City Project No. 750 is as follows: Present Draft Feasibility Report to City Council, and Order a Public Hearing February 15, 2000 Hold Neighborhood Information Meeting February 24, 2000 Hold Public Hearing; Authorize Preparation of Plans and Specifications March 6, 2000 Approve Plans and Specifications April 4, 2000 Advertise for Bids May 11, 2000 Open Bids June 1, 2000 Award Contract July 5, 2000 Construction Complete October 15, 2000 Hold Assessment Hearing February 2001 First Payment Due with Real Estate Taxes May 2002 12 APPENDIX • Preliminary Cost Estimate • Assessment Calculations • Figure 1 - Project Location Map • Figure 2 - Proposed Street and Storm Sewer Improvements • Figure 3 - Proposed Street and Storm Sewer Improvements • Figure 4 - Proposed Street and Storm Sewer Improvements • Figure 5 - Proposed Typical Section • Figure 6 -Parcel Map ASSESSMENT CALCULATIONS Assessments for City Project No. 750 are assigned on a front footage basis to seven (7) parcels fronting along the proposed frontage road. Assessment rates are computed as follows: Parcel Frontage A 82 ft. B 180 ft. C 360 ft. D 837 ft. E 541 ft. G 165 ft. H 165 ft. TOTAL 2,330 ft. The assessment rate for proposed frontage road street improvements is computed as follows: Estimated Street Costs = $369.790 = $158.71 per front foot Total Frontage 2,330 ft. The assessment rate for proposed frontage road storm sewer improvement is computed as follows: Estimated Storm Sewer Costs = $55.938 = $24.01 per front foot Total Frontage 2,330 ft. Therefore, the total proposed assessment rate is the sum of the street and storm sewer rates, or: $158.71/ft. + $24.01/ft. = $182.72/ft. W4 77, X \s~p nv- W 41 FA H R CH -44 v CULLEN Sr. \ \ u b ? a OUAIL'd RIDGE r •.2 _ V•~' Lhfy~ u = CIR. waGON 3 0 = a` "1$ ,p• WHEEL $ 777 * L v~ P J < DE. Fi LA. vv R. < N41, y4yQ0 OC "P SS ONE RD. fIELO CHERI LA. ST Re k •r a ?6 0 i 3,5E ° BLUEBILL DR. 9,oE0*Gl'! v. = O°• yDOP. CQ° r Rogers Laks ` a° 0 4Cy`C~CSE. ~0,r0<' °b ?O .a`4:i 2 . W ) ~0 DR. d v / r LAKE DR. J q1- QJ < n p z cc x i C} ! sACHE` o EASE ~tQ ` SUN- N a N a LA. 211. pcE FISH a tiEL Cr. NAMP,EY,~yu MEDALLION DR. YS° = W ~tEN Ct . a_ - ~E act W LASE 60V ilk PpD~HAVEN 56. 7 MENDOTA I3 J `O o HEIGHTS RD. GI MEND0TA "EIGHTS R0. . W a° $ 149 MEN 14 YCONC ORD NAY ABBEYwA~ L"a HEIGHTS 54• 191 63 191 \ ~~v,R~~,RC~> >1± RD. \ GENTIAN BL RO O Q\ VE. Jq• < 53. CLAREMONT DR. 55 SA.BEDFORD CT. YV/ 4 R0. NOR Ty WES 55.STOCKBRIDGE RD. P4RKW>+ ! S6. MORSON CIR. 13 57. wINTHROP CT. ~;5 Q PROJECT KENNETH ST. LOCATION pp BEATRICE ^ 149 < ,l ~o~ 35E McKEE ST. ~e KEEFE v` T. Y9jERS Oak WEST .~9. u ?00.• O,~ \ Y O? / 26 . 26 26 LONE AK RD i r ~ 55 \T2rN 3r CLUBVIEW COURT R2~w MI6 p4 DR. APOLLO RD. i HOUSE 121 T At R A Cr. ~D. SALLY a o ODO ¢ GEMINI RD. EAGAN ' O v NAPEL LA. 55 CIR. yaS x i o. OAK DR. J C7. i V Y ALDRIN DR. 119 s` R 77*h $7. TTth sT NORTNW000 2 W CI,yC 1w. /DE DR. N , m tR, RD)CE TR. r27N R23W o Q )OD LA. fa' - *0.1 'OR. ROLING a u W LED TFIT . .E pi. < YANKEE DOODLE RD. `E,~/1? , a 7T SQUARE z CITY OF EAGAN FIGURE C.P. NO. 750 TH 55 SOUTH FRONTAGE ROAD cAluld" WEST OF T.H.149 PROJECT LOCATION +no •OASJ2D/ InrGRK•pOv Cy:28:00 Oft 9!% % BLUE WATER ROAD T.H. 55 ° mm~. - 2 V 7~;:~> W CLOSED ^ i f s • i lief t - if,c lip } r s,~r PROPOSED R/W - - HIGHWAY .rJ t PROPOSED FRONTAGE ROAD SALES , ON y ACCESS \ \ LEGEND \ o EXISTING STORM SEWER McKEE McKEE PROPOSED ST b ENTERPRISES b SURFACE DR ENTERPRISES NOTES O1 CLOSE EXISTING ME DART I I \ LOGISTICS -w F.'"-- DART ' (I \ LOG ISTICS CITY OF EAGAN C. P. NO. 750 FIGURE TH 55 SOUTH FRONTAGE ROAD C'an.dtlnsE:,nnp,I~ WEST OF T.H,149 3 Jab •0YSI271 M&GRZB.2a PROPOSED STREET AND STORM SEWER IMPROVEMENTS a; svro LEGEND EXISTING STORM SEWER own.- PROPOSED STORM SEWER / SURFACE DRAINAGE DIRECTION NOTES: CLOSE EXISTING MEDIAN OPENING. FUTURE BLUE 2Q EXISTING DRIVEWAY. TO REMAIN. GENTIAN ROAD T.H. 55 N O O n RIGHT-IN RIGHT-OUT EXISTING ACCESS,1 r SIGNAL - t- ' ° ° 0 O a ~~OGE OIC 4i HOSE CONVEYOR Q o INC. DART LOGISTICS CITY OF EAGAN FIGURE C. P. NO. 750 TH 55 SOUTH FRONTAGE ROAD 2 WEST OF T.H.149 can.a1Mn6 Group, Inc PROPOSED STREET AND STORM SEWER IMPROVEMENTS LEGEND O r. \ mss- EXISTING STORM SEWER \ \ ~-~o- PROPOSED STORM SEWER SURFACE DRAINAGE DIRECTION NOTES p1 CLOSE EXISTING MEDIAN OPENING. O z1f O M L EDIAN r'H 5S F- O I a a 7. 777 T, t PROPOSED FRONTAGE ROAD PROPOSED R/W C ERS EXISTIN SIGNAL I"=771 BROWN MINNEAPOLIS 7711 TANI< CITY OF EAGAN C. P. NO. 750 FIGUREE TH 55 SOUTH FRONTAGE ROAD WEST OF T.H.149 4 Cordtln6 Group, lnc PROPOSED STREET AND STORM SEWER IMPROVEMENTS Al •0993201 I sle: GRZC. d%31.'OO 7 !"77 PROPOSED FRONTAGE ROAD R/W VAR. 16' 16' 4' r8618 C&G 6618 C&G Mme' 2" BITUMINOUS WEAR COURSE 3" BITUMINOUS BASE COURSE 8" CLASS 5 AGGREGATE BASE CITY OF EAGAN FIGURE C.P. NO. 750 TH 55 SOUTH FRONTAGE ROAD 5 WEST OF T.H.149 TYPICAL STREET SECTION t7b ,y CITY OF EAGAN \ q Z #4 \ PLO s~ a 0 / rFe A ~v o //r °.z• O'1 01 T 0- 0 OBINS ADD1TI %P W0 \ T.H. 55 \ Ile •H• S5 PROPOSED FRONTAGE ROAD p O O V . 1 6 / C PROPOSED R/W 0,e t~ v • t" \ PROPOSED R/W ON O THE OBE1RT O'NEILL HOME 7 EAD DAKOTA OUNTY MN. ' 'I 1V-r r 1 CITY OF EAGAN FIGURE C. P. NO. 750 TH 55 SOUTH FRONTAGE ROAD 6 WEST OF T.H.149 [uinn s Group, Inc PARCEL MAP " ,W_j, ' lll&GRJ-2p 01.'23100 HIGHWAY 55 & BLUE WATER ROAD ACCESS MANAGEMENT & FRONTAGE ROAD PROPOSED STREET IMPROVEMENTS PROJECT 750 Preliminary Project Schedule • 1998 TH 55 Access Modification Study w/ MnDOT • September 14, `98 City Council Authorizes Feasibility Report • February 15, `00 Present Feasibility Report to City Council/Order Public Hearing • March 6, '00 Public Hearing - Council Orders Plans & Specs or Denies Project • April 4, `00 Approve Plans & Specifications • May 1, `00 Municipal State Aid Approval • July 5, `00 Award Contract • July 17, `00 Construction Begins • October 15, '00 Construction Completed • December, '00 Final Cost Report • February, '01 Final Assessment Public Hearing • May 15, `02 1S` Installment Payment Due With Real Estate Property Taxes Preliminary Costs - Feasibility Report • $425,700 Frontage Road Improvements • $252,700 TH 55 Median Improvements • $202,500 Traffic Signal Improvements • $880,900 Proposed Total Project Cost • $425,700 (48%) Proposed Assessed to Property Owners • $410,400 (47%) Proposed Financed by MN DOT • $ 44,800 (5%) Proposed Financed by the City of Eagan Proposed Special Assessments • Proposed Assessment: $183/front foot per Industrial parcels • Prepayment option with no interest available for 30 days after Assessment Hearing • Any unpaid balance is certified to county to be collected with property taxes over 15 years • Interest rate is calculated on any remaining unpaid balance at the end of each year • Assuming no prepayment, annual cost: (Assumed 6.5% Interest) • $34.95 per F.F. per year Pt year $2.91 per F.F. per month 1s` year • $23.27 per F.F. per year 2d year $1.94 per F.F. per month 2"d year • $12.97 per F.F. per year 15 `h year $1.08 per F.F. per month 15 `h year INFORMATIONAL NEIGHBORHOOD MEETING TH 55 THURSDAY, FEBRUARY 24, 2000, 4:00 P.M. NAME ADDRESS 2.t,,~'It,l T` 3. CAR 1AQT 1 R/1A-)S4 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet 99 TH 55 S. Frontage Road - Open House 2/24/00 Gary Santoorjian - Dart Transit From a quick glance, the road design and signal location seem to be okay but it's hard to say for certain without knowing what the road profile will be. We are, however, vehemently opposed to any assessment for the improvements because they don't benefit our properties in any way. /dV TRIANGLE OFFICE PARK OMRE DEVELOPMENT 280.5 Dodd Road • Eagan, Minnesota 55121 • Telephone (612) 452-6100 0 Fax (612) 452-0598 March 2, 2000 RECEIVED Mr. Russ Matthys, P.E. City Engineer MAR 0 3 2000 City of Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Project 750, Highway 55 and Blue Water Road Access Management and South Frontage Road Improvements Dear Mr. Matthys: Thank you for your letter dated February 15, 2000 regarding the proposed above referenced project. As a property owner I will be adversely affected by the proposed project. Therefore, I strongly object to the proposed improvements on behalf of my tenants and myself. We object not only on the grounds of the existing access that will be eliminated, but also how the proposed future development of our land will be affected by this road access change. TMI Coatings and other tenants currently use the access as outlined in the attachment as a critical part of their operations. Consequently, its elimination could significantly impact their operation and the value of my property. In addition, since all or a significant portion of my property is considered for future redevelopment or additional development, I am concerned as to how the access changes will affect these properties. In summary, I welcome the opportunity to work with you to improve overall traffic conditions in the area. However, I am not aware of any consideration the design has for the current hardship that would be-imposed on my tenants, or the access that will be required for future development or redevelopment of the land. Sincerely, Mary E e Property Owner re • • : TRWY 149 • LEXINGTON AVE. Meet At the LARGEST CLOVERLEAF IN MINNESOTA! ~a~ d EP-14 149 2o ~XtSTr~c~ Median ' Gut City of Eagan Existing Cover Types Grand Oak 8usineu Park AUAR /OP' Agenda Information Memo March 6, 2000 Eagan City Council Meeting IX. OLD BUSINESS A. CLARIFICATION OF SIGN PLAN - MINNESOTA VALLEY TRANSIT AUTHORITY ACTION TO BE CONSIDERED: > To clarify the allowable signage for the proposed MVTA transit station (and associated commercial uses) located upon approximately 4.5 acres of existing I-35E right-of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest'/4 of Section 15. FACTS: ? At their regular meeting on November 1, 1999, the City Council implemented a Comprehensive Guide Plan Amendment and Rezoning (to Planned Development) to allow the establishment of a mixed use, retail and transit facility upon the subject property - > While the approved east parking ramp elevation depicts areas where signage may be placed, the type of signage was not specified and staff assumed that such signage was to relate to the transit station use. The MVTA has since indicated their desire to erect "commercial" signage on the east side of the ramp (along I-35E) which relate to retail uses which will exist on site. ISSUES: > The MVTA is requesting commercial signage on the east parking ramp elevation, not the east elevation of the commercial building. ATTACHMENTS (3): Approved site Plan, page l __L Approved east ramp elevation, page LOS LSA Design correspondence dated 2/28/00, page /0.3 L S A P~ t" r 1XUa`~YANKEE DOODLE ROAD =A+a1c It YANKEE DOODLE ROAD D E S our" m I G . IJ. Pam"" 'FRI1115"11111 111!00 A~~Ir MINN, awa M001f. t,Aq lrA~.A~Y~bIA~~ M.WW •-.I.~1~ ' OA~~~r01~y rIr va ~y 1>,wrnrsl. ...~..,1e1 111w id-I 14M h otar.lw rc" ]PLANNED y~~ Ley 31}1 DEVELOPMENT O ~1TfE1TTTII MINIMUM SETBACK < 111 SUBMmAL O ~,+c ANO SITE REQUIREMENTS O 2 Eagan BUILDING SETBACK Om z 30' - ALONG PUBLIC STREETS z Y ( 50' - ALONG INTERSTATE Transit 0 PARKING SETBACK 00 ALONG PUBLIC STREET a .A1_A.., QO1 BUILDING HEIGHT Station 35' MAXIMUM R lot palm BUILOING SITE COVERAGE PARKING SUMMARY MN 307E OF SITE MAXIMUM 274 TRANSIT SPACES 0 8'-6- AAAM /1~M-p :=GE SETBACK (14 ACCESSIBLE STALLS) i00i0 nM GMT mome MI wv W WIN xRCr,f1 C, ORD out' 1u1 TWO LEVEL RAMP. 548 TRANSIT SPACES HRELDW oR Y m1 OHM 1 COA1Ufl1O1 AMt 0 f01101 DA74" CONSTRUCTION PARKING SUMMARY 68 RETAIL SPACES 0 10'-0- (4.5/1000 GSF) wrw-~a• 1Aw (3 ACCESSIBLE STALLS) SOLI Lima Rjuvomewm „10 293 TRANSIT SPACES 0 8'-6 m ,•w nwmm low e~ µ 01"n-o •,A/i (8 ACCESSIBLE STALLS) 548 TWO LEVEL RAMP 1a1-oa•1A1c ..1. 1•-wr ^M 70 (14 ACCESSIBLE STALLS) oft H rrc.s m? aaa meson 1A~ TOTAL TRANSIT SPACES. 841 TOTAL RETAIL SPACES- 66 SITE PLAN PAN RAMP PLAN PD .3 oft- ala.fnv.0"m 0 3 PARTIAL EAST ELEVATION PD.4 1/16"= 1'-O" z z: 0 0 0 0 0 0 EL= 128'-0 SIGNAGE TYPICAL LEVE EL= 1115 -0 LEVEL GROUND EL= 100'-0" Eagan Transit Station Parking Deck Signage Submitted by: LSA Design, Inc. Submitted for: Minnesota Valley Transit Authority Date: February 28, 2000 LSA Design, Inc. 250 Third Avenue North Suite 600 Minneapolis, MN 55401 612.339.8729 D t S 1111 612.339.7433 fax /d Background On September 7, 1999, the Eagan City Council approved the PD application for the Eagan Transit Station. The approval stated that all City Sign Code requirements shall be met and also permitted one additional pylon sign. The City Sign Code permits signage on the rear of the retail building. The parking deck will screen the rear of the retail building. Since the rear signage will be screened, MVTA requested that the rear signage instead be placed on the parking deck. The application stated this request and the approved plans showed signage on the parking deck. The parking deck signage was not addressed by the staff report or discussed during the planning commission/city council meetings. As MVTA was finalizing the signage package for the site, LSA Design contacted planning staff to review the final approval. Since the application requested parking deck signage and the approved plans showed the signage, the applicant believed that some parking deck signage was permitted. After speaking with City Staff, it became apparent that they felt the parking deck signage was not permitted. City Staff recommended that this item be brought back to the Eagan City Council for clarification and a decision. Proposed Signage Parking Deck MVTA is very sensitive to signage on the parking deck. Care was taken in designing the type, number and size of parking deck signage. The rear walls of the retail building would have been permitted 938 square feet of signage. MVTA is proposing to have four signs spread out evenly across the easterly side of the parking deck (along Highway 35E). Each sign will be 26'x 4' for a total square footage of 416 feet. One of the four signs will be used for Eagan Transit Station identification. Only three of the parking deck signs will be available for retail signage. The signs will be panel signs with illuminated letters and logo on a non-illuminated background. Transit Station Building The proposed signage for the Eagan Transit Station Building is comprised of pedestrian level canopy signage and identification signage near the top of the structure (see west elevation). Since the signage is being reviewed, the applicant is requesting approval to have the identification signage located on all four sides of the transit building. In addition, the Eagan Transit Station building will have a clock provided on the northerly, westerly and southerly side of the building. The west elevation shows the location and design of the proposed clocks. The proposed signage is well below the 20% permitted sign area. Request MVTA is requesting approval for four parking deck signs, located on the east side of the parking deck. Each parking deck sign will be 26' x 4' in area and one of the four signs will be used as Eagan Transit Station identification. MVTA is also requesting approval of identification signage on all four sides of the Eagan Transit Station. i /O7 TOP OF PARAPET BLDG. FACE 7 PARKING DECK I EL- 14-10' STRUCTURE LOG. FACE 9 QILKL 2 LOAM 1R1111UFSTA110Y - t P vT24-0 T e EL 0' LEKI L5-6- o ni I B I BRICK O GROUND -0 EL- op-0 0 NORTH ELEVATION \a14 1/16-= 1•_0- PARAPET O10P f1F EL- t t1-10 BLDG FACE 6 (IOMER) _ • A 0 A 10P PARAPET C, EL- 13+-0 prl t FL- 720-0 2 w3w 4 S I I I 1 M 0EL- 100- PARTIAL WEST ELEVATION PD.. 1/16"= T•-0" TL 10 oE- 1tl!-10 BLDG. FACE 6 (TOWER) 0 1 I 1 I I V Q,O~ I PARTIAL WEST ELEVATION PD.4 1/16.= 1•-0- 8400 FACE fAC! AREA ALLOriAE.I f101M0E ON%I ACP^ ERONR ( 1 10395 50 Ft. 279 50 FT. 2 543 SO FT. 109 SO FT so FT. 1 2 50 FT, EL- ue -o CHFffte E°0° 4 51403 SO FT. 109 SO FT TOTAL / OF SIGNS.4 5 1395 SO FT. 279 SO Ft. SIGNACE TYPICAL SIGN DIMENSIONS-26' X 4' 11 1 SO FT. 217 S0. FT. 62 50 FT. a 1 7 13614 SO FT. 275 SO FT. e4 SO FT. TOTAL S0, FOOTAGE-416 L. n -0 a 20325 SO Fl. 465 50 FT. f 942 SO FT. 166 SO FT. 46 50 FT. 10 706 SO FT. T4T SO FT. 46 SD IT. OGOt>NO FM 11 312 50 FT. 62 SO FT, 34 S0 FT. EL- 100-0 '(FACE 10 IS SOUTH ELEV. OF STATION TOWER. NOT SHOWN) -(FACE 11 IS EAST ELEV. OF STATION TONER. NOT SHOWN) t A EAST ELEVATION PD4 1/16"= 1-0 0 o O 1 P F PARAFr• TOP OF PARAPE- O SR E:- t20-D _ - _ - SOt DER = - = 7 BURNISHED B.OCK~ COURSF SCORED 6•. 6• - - - - - CL- nT-p' - _ _ tAF.N.TWwt•F ~Tw GLAZED MEoA_ 04 r!?±Ii1IL C AJL!Ii _ 11.-yp V_ AN BRICK EL.- TOp•_p• t G RL D I0 srOUN 1 00 -0' sG PRELIW~NARY BUILDING DESIGN WAGE - PARTIAL WEST ELEVATION SCOREDBFB- IV 6 PRELIM. PYLO": PD4 1/B = O Po SIGN IMAGE Agenda Information Memo March 6, 2000 B. CONTRACT 00-04. DUCKWOOD DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans for Contract. 00-04 (Duckwood Drive - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 13, 2000. FACTS: • Contract 00-04 provides for a bituminous overlay of Duckwood Drive, between Denmark Avenue and Lexington Avenue, and includes Crossroad Court and Kinglet Court, as outlined and discussed in the feasibility report for Project 761. • On October 19, 1999, the City Council held a Public Hearing for Project 761. After the staff presentation, there were no comments from any of the affected property owners adjacent to Duckwood Drive, Crossroad Court or Kinglet Court, so the council approved the project and authorized the preparation of detail plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. /0 9 Agenda Information Memo March 6, 2000 Eagan City Council Meeting X. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - TORGERSON PROPERTIES ACTION TO BE CONSIDERED: ? To approve a Planned Development Amendment to allow the erection of a wall sign on the southern facade of the Staybridge Suites Hotel located south of Rahn Way and west of Rahn Cliff Road in the northeast 1/4 of Section 31 subject to the conditions in the APC meeting minutes. FACTS: ? In November of 1998, the City approved a Comprehensive Guide Plan Amendment and Planned Development Amendment to allow the construction of a three-story, 89- unit extended stay hotel (Staybridge Suites) upon the subject property. ? As a condition of planned development approval, the hotel was allowed one pylon sign and one directional sign. No wall signage was proposed as part of the original development proposal. ? The subject site is fully developed. Presently, a 25 foot high pylon sign exists in the northeast corner of the site. Additionally, a directional sign exists near the site's access from Rahn Cliff Road. ? The applicants are proposing to erect a wall sign on the south side of the hotel. While the south side of the building is not provided any street frontage, it is highly visible from I-35E to the south and can be accommodated via the planned development. ? At 58 square feet in size, the sign overlays approximately 2 percent of the hotel's southern facade. The sign is to be internally illuminated with white plastic faced letters, gold plastic faced logo and dark green plastic faced bar with white lettering. ? At their regular meeting on February 22, 2000, the Advisory Planning Commission held a public hearing to consider the Planned Development Amendment and recommended approval subject to the conditions listed in the APC minutes. ATTACHMENTS (2): Minutes of the February 22, 200 APC meeting, pages *Mn'%- . Staff report, pages//*)through I. po Page 7 r.~ February 22, 2000 ADVISORY PLANNING COMMISSION PLANNED DEVELOPMENT AMENDMENT TORGERSON PROPERTIES Chair Heyl opened the next public hearing of the evening regarding the request for a Planned Development Amendment to amend the signage for Staybridge Suites to allow a wall sign on the south side of the building, located at 4675 Rahncliff Road on Lot 2, Block 1, Rahnridge 2"d Addition in the NE' of Section 31. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated February 11, 2000. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant acknowledged his presence to the APC and stated that he has concluded that additional signage is necessary to attract patrons from I-35E. Chair Heyl closed the public hearing. Members Steininger and Huusko expressed their satisfaction with the request and noted that highway visibility is essential to a hotel. Member Huusko moved, Member Segal seconded, a motion to approve a Planned Development Amendment to amend the signage for Staybridge Suites to allow a wall sign on the south side of the building, located at 4675 Rahncliff Road on Lot 2, Block 1, Rahnridge 2nd Addition in the NE'/4 of Section 31, subject to the following amended conditions: 1. Prior to erection of the wall sign, a sign permit shall be obtained from the City. 2. The applicant shall enter into a Final Planned Development Amendment Agreement with the City. 3. No wall signs on the north and east sides of the hotel shall be allowed. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 11, 2000 CASE: 31-PA-01-01-00 APPLICANT: SBSE, LLC. HEARING DATE: February 22, 2000 PROPERTY OWNER: SBSE, LLC. PREPARED BY: Bob Kirmis REQUEST: Planned Development Amendment LOCATION: South of Rahn Way and west of Rahn Cliff Road (NE '/4 of Sec. 31) COMPREHENSIVE PLAN: CPD, Commercial Planned Development ZONING: PD, Planned Development SUMMARY OF REQUEST SBSC, LLC. is requesting approval of a Planned Development Amendment to allow the erection of a wall sign on the southern facade of the Staybridge Suites Hotel located south of Rahn Way and west of Rahn Cliff Road in the northeast'/4 of Section 31. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. //.2 Planning Report - Staybridge Suites February 22, 1999 Page 2 BACKGROUND/HISTORY In November of 1998, the City approved a Comprehensive Guide Plan Amendment and Planned Development Amendment to allow the construction of a three-story, 89-unit extended stay hotel (Staybridge Suites) upon the subject property. As a condition of planned development approval, the hotel was allowed one pylon sign and one directional sign. No wall signage was proposed as part of the original development proposal. To accommodate the proposed wall sign, the processing of a Planned Development Amendment is necessary. EXISTING CONDITIONS The subject site is fully developed. Presently, a 25 foot high pylon sign exists in the northeast corner of the site. Additionally, a directional sign exists near the site's access from Rahn Cliff Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Rahn Cliff Learning Center, pond, and Walgreens Drug Store, zoned Planned Development (PD) and guided Commercial Planned Development (CPD). South - Office Building, zoned Planned Development (PD) and guided Limited Business (LB);Residential, zoned Planned Development (PD) and guided D-lI, Mixed Residential (0-6 units/acre); Kettle Park, zoned Public Facilities and guided Public. East - Commercial including Dairy Queen, Holiday Inn Express and Green Mill, zoned Planned Development (PD) and guided Commercial Planned Development (CPD) West - Cedar Ridge Church, zoned Planned Development (PD) and guided Public Facilities. EVALUATION OF REQUEST Sign Ordinance - The City Sign Ordinance states that no more than one business sign for each major street frontage shall be permitted on a building. The ordinance further states that no sign or combination of signs mounted upon a building shall exceed 20 percent of the gross area of a side. /13 Planning Report - Staybridge Suites February 22, 1999 Page 3 Description of Proposal - The applicants are proposing to erect a wall sign on the south side of the hotel. While the south side of the building is not provided any street frontage, it is highly visible from I-35E to the south and can be accommodated via the planned development. At 58 square feet in size, the sign overlays approximately 2 percent of the hotel's southern facade. The sign is to be internally illuminated with white plastic faced letters, gold plastic faced logo and dark green plastic faced bar with white lettering. Analysis - According to the sign ordinance, the hotel is entitled to wall signage on its northern and eastern facades as they are provided street frontage (on Rahn Way and Rahn Cliff Road). Due to its visibility from I-35E however, and in lieu of building signage on the north and east sides of the building, the applicant wishes to erect a wall sign on the south side of the hotel (which is not provided street frontage). The proposed wall sign's area is well within the maximum 20 percent area requirement of the Sign Ordinance. SUMMARY/CONCLUSION To achieve visibility from I-35E, the applicant is requesting a Planned Development Amendment to allow the erection of a wall sign on the southern facade of the Staybridge Suites Hotel. Such wall signage has been proposed in lieu of wall signage on the north and east sides of the building (which are afforded street frontage). While the sign meets applicable area requirements of the sign ordinance, it is proposed to be mounted upon a facade without street frontage which is not consistent with Sign Ordinance requirements. The acceptability of the proposed wall sign is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow the erection of a wall sign on the southern facade of the Staybridge Suites Hotel located south of Rahn Way and west of Rahn Cliff Road in the northeast V. of Section 31. If approved, the following conditions should apply: 1. Prior to erection of the wall sign, a sign permit shall be obtained from the City. 2. The applicant shall enter into a Final Planned Development Amendment Agreement with the City. 3. No wall signs on the north and east sides of the hotel shall be allowed. //Y Eagan Boundary Location Map Street c...lin. Parch Area Building Footprint S .w~ • A 6 C ~ E r• err t L&I a-. Sub ect site C.rarrv gran a. awr•AT NO. IC & IS ` ? - . 46 ~I~ • an 4v W i ` t ? w tr p ? ? t ' w r,r . r • p f g • ,I rr . p e' , r a s a • t s a ft% P F ~ R s~ 14, f a d w * `R • in D o •qua 1000 0 1000 2000 Feet Development/Developer: Torgerson Properties Application: Planned Developme IjAmendment Case No.: 31-PA-01-01-00 //J 1Aap Pnprsd!~Q /MC111sw 11. Psai teas nap theta provided N by Cah t+10 ~sMY Dt prbrrrs and isctirrra as d Janary 2000. City of Eagan THIS MAP 13 INTENDED FOR REFERENCE USE ONLY W E C.a.waay D.v.l.prrwat P.partre.at The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are s not responsible for errors or omissions. 7r Current Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 31-PA-01-01-00 Zoning Map R-4 PD PD Location COOK" STA Current Zoning: PD PD PD PF Planned Development 0 P 40' 4r • RE P P P P ~ # P Ile •N • 1•» r.51 Comprehensive Guide Plan Land Use Map Dd11 ?D a?D Location D •..M.11 •TAT• e D Ie•c LS La D Current Land Use Designation: L. 0 PF CPD PD •P Commercial Planned Development 0 PP P w • 1r» r..1 N •.r •...•r•r 9r1e.r.. .NN by s.9w ew.1y Lr• sv..f n•PMSw-i lroaroo. =.nlq I.tarw.O.. r.e.»•C by L..r.ee. Wwp 190• .55 "d.»• by eny staff. City of Eagan W E ~1~~1flEl/lt_ THIS MAP IS INTENDED FOR REFERENCE USE ONLY S Tke Cky of Eagan and Dakota County do not guarantee the accuracy of this Information. - _------------------------------J I r~-aw.na v.- 1 i ~tAMN •-:.a... j t ~ •ts I ~ I ~1 x PROPOSED WALL SIGN LOCATION ; j i = / 1-.----.-- J-11 r ~i' -p / :f 1 t t . * ti. - - - 1 r / \ Gam.-='..-t. ti • _ ' • i • . . . / r ' j,. . . t ter. •I 1 i . t t . I 1 it 20 • ?i< a ;i°" `~~`iji p its =x ; a to B~i~ s oft ~:tr 3 Al Err ' HwfAwr aMHAHrr • ,Z. SITE PLAN Dec-01-99 03:20P JSS ARCHITECTS 320-235-8673 P-02 SEE DETAIL FOR COLORS SIh1UL.ATED DRT STACK STONE ASPHALT FIEE1~CsLASS INTEmIALLY ILLI.MMATED CI4AN EL Lt r tER SHINGLES 61GN IW UNITE PLASTIC FACED LETTERS, GOLD 12 PLASTIC FACED LOGO MID PAW GiREEN PLASTIC FACED EAR WITid IIMRE CCP1. 3 NET 643N AREA. 58 •l. (0A2*) HALF /COLOR V-2 81GPI a L2 12 METAL LOUPE? I COLOR V-2 C VINYL COATED AUPIfl'U 1 GLITTER - - i AND DOI14SPOUT 5" VINYL LAP SIDING COLOR Y-1 Bit I STANDING SEAM METAL _t - - C,~ c II i; N STONE OPTIONAL TO SECOND NOTE: FLOOR W/ NO SANDING SEE ELEVATION 1/A30 SOUTH ELEVATION FOR TYPICAL NOTES. BUILDING ELEVATION (PARTIAL) ones NW NW '1JVVn ..s~.~ .rr.~.~ tlIS ""0 MOM IN 68 wv 5311115 3vOIZI uvigq kb .oR Q Q o CN ) VU pY/yz¦~/~_-p R 1T / SIGN PLAN Agenda Information Memo March 6, 2000 Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (EAGANDALE OFFICE PARK 5TH ADDITION) - ZIRNHELT PROPERTIES. LLC. ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Eagandale Office Park 5th Addition) consisting of 2 lots located upon approximately 6.8 acres of land located south of Corporate Drive and east of Pilot Knob Road in the northwest 1/4 of Section 3 subject to the conditions listed in the APC meeting minutes. FACTS: > The subject property is currently described as Lot 1, Block 1, Eagandale Office Park 2°d Addition. > In April of 1997, the City approved a Final Planned Development that called for a two phase, 90,000 square foot office building upon the property. To date, only phase one of the building has been constructed. -Phase one entails a two story, 25,000 square foot westerly wing of the office building. > The proposed subdivision will result in no change to the previously approved site plan and is being pursued to allow independent ownership of Phase 2 of the office building. ? At their regular meeting on February 22, 2000, the Advisory Planning Commission held a public hearing to consider the Preliminary Subdivision and recommended approval subject to the conditions listed in the staff report. ATTACHMENTS (2): Minutes of the February 22, 2000 APC meeting, pages through Staff report, pages through L3y, AD20 Page 8 February 22, 2000 ADVISORY PLANNING COMMISSION ` • PRELIMINARY SUBDIVISION ZIRNHELT PROOPERTIES, LLC Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Eagandale Office Park 5th Addition) of approximately seven acres to create two lots, legally described as Lot 1, Block 1, Eagandale Office Park 2"d Addition, located at 1365 Corporate Center Curve in the NW'/. of Section 3. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated February 17, 2000. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Kirmis explained that the subdivision would allow the transfer of Phase H of the project under the Planned Development Agreement. The applicant noted his appearance and indicated that the subdivision was in connection with a joint venture for the development of the second phase. In response to a question from Chair Heyl, City Attorney Dougherty stated that the property would still be subject to the Planned Development Agreement and that any further development of the site would need to comply with the Planned Development Agreement. Chair Heyl closed the public hearing. Member Tilley moved, Member Huusko seconded, a motion to recommend approval of a Preliminary Subdivision (Eagandale Office Park 5t' Addition) of approximately seven acres to create two lots, legally described as Lot 1, Block 1, Eagandale Office Park 2d Addition, located at 1365 Corporate Center Curve in the NW'/4 of Section 3, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B4, C1, D1, El 2. The property shall be platted. 3. Proposed Lot 2 shall be subject to a cash parks dedication and cash trails dedication at the time of building permit. 4. The existing drainage & utility easement over the storm sewer pipe along the north edge of Lot 2 shall be expanded from 10 feet to 20 feet in width. 5. The applicant shall prepare an ingress/egress easement (for the shared access) and cross parking easement (for the shared parking) between Lots I and 2. Such easements shall be submitted to the City Attorney for review and approval prior to final subdivision approval. 6. The applicant shall prepare and the City Attorney shall review and approve an easement /a/ Page 9 February 22, 2000 ADVISORY PLANNING COMMISSION relating to the internal connection between the two building phases. Such easement shall be recorded with the final subdivision. 7. Building plans, materials and construction associated with phase 2 development shall be such that they will ensure an interior sound level of 50 dBA. 8. Lot 2 building development (upon proposed Lot 2) shall include a physical connection to the structure presently existing upon the property. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 17, 2000 CASE: 03-PS-01-01-00 APPLICANT: George Zirnhelt HEARING DATE: February 22, 2000 PROPERTY OWNERS: George Zirnhelt PREPARED BY: Bob Kirmis REQUEST: Preliminary Subdivision LOCATION: South of Corporate Drive and east of Pilot Knob Road COMPREHENSIVE PLAN: R & D, Research and Development ZONING: PD, Planned Development SUMMARY OF REQUEST George Zimhelt is requesting Preliminary Subdivision approval to allow the creation of a two lot subdivision entitled "Eagandale Office Park 5th Addition". The proposed subdivision overlays 6.8 acres of land currently described as Lot 1, Block 1, Eagandale Office Park 2nd Addition and is located south of Corporate Drive east of Pilot Knob Road in the northwest 1/4 of Section 3. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use 0?3 Planning Report - Eagandale Office Park 5th Addition February 22, 2000 Page 2 contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject 6.8 acre property is currently described as Lot 1, Block 1, Eagandale Office Park 2°d Addition and was platted in August of 1985. In April of 1997, the City approved a Final Planned Development that called for a two phase, 90,000 square foot office building upon the property. To date, only phase one of the building has /~I/ Planning Report - Eagandale Office Park 5th Addition February 22, 2000 Page 3 been constructed. Phase one entails a two story, 25,000 square foot westerly wing of the office building (see attached Exhibit). EXISTING CONDITIONS The subject site is vacant and was rough graded as part of previous development. There is no significant vegetation on the property. A stormwater holding area does however, exist in the eastern portion of proposed Lot 2. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Hotel (future) and Office; zoned PD, Planned Development and I-1, Limited Industrial, guided CPD, Commercial Planned Development and IND, Limited Industrial. South - Office; zoned PD, Planned Development; guided R & D, Research and Development. East - Office and Industrial; zoned PD, Planned Development and IND, Limited Industrial; guided R & D, Research and Development and IND, Limited Industrial. West - Office; zoned PD, Planned Development; guided R & D, Research and Development EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is bounded on the south, east, and west by office uses and on the north by office and hotel uses. The proposed subdivision will result in no change to the previously approved site plan and is being pursued to allow independent ownership of Phase 2 of the office building. Lots.- The proposed lot layout responds directly to the design of the office building and has been configured to allow independent ownership of the two building phases. The Planned Development zoning district does not establish minimum lot area and width requirements. Proposed Lot 1 measures 2.9 acres in size while Lot 2 measures 3.9 acres in area. Each lot provides ample area to sustain the existing and proposed structures on the property. Setbacks - The Planned Development district does not establish minimum setback requirements. While front yard setbacks (along public streets) meet or exceed those imposed in zoning districts in which office uses are allowed, approval of the proposed subdivision will result in a "zero lot line" condition along side lot lines. As a planned development, this condition can be accommodated without need to process a variance. /025- Planning Report - Eagandale Office Park 5th Addition February 22, 2000 Page 4 Engineering Issues - All engineering items (grading, drainage, utilities, access etc.) relating to the undeveloped property (Lot 2) will be reviewed at time of building permit. Easements/Permits/Ri t-of-Way - The existing drainage & utility easement over the storm sewer pipe along the north edge of Lot 2 should be expanded from 10 feet to 20 feet in width. The applicant should prepare an ingress/egress easement (for the shared access) and a cross parking easement (for the shared parking) between Lots 1 and 2. Such easements should be submitted to the City Attorney for review and approval prior to final subdivision approval. Water Oualitv/Wetlands - There are no water quality/wetland issues with this proposal. Tree Preservation - There are no tree mitigation issues with this development proposal. Parks - Proposed Lot 2 (the undeveloped lot) will be subject to a cash parks dedication and a cash trails dedication at the time of building permit. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates,the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 2. Within this area, office uses are provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will ensure an interior sound level of 50 dBA (provisional land use performance standards) as compared with a noise level of 75 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 25 dBA (DNL level minus required dBA level) as compared with the noise level at the inner boundary of the noise zone, in this case 75 DNL. SUMMARY/CONCLUSION The proposed two lot subdivision is consistent with the land use directives of the comprehensive plan and is considered compatible with existing and anticipated uses in the area. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Eagandale Office Park 5th Addition) on property located south of Corporate Drive east of Pilot Knob Road in the northwest 1/4 of Section 3. If approved, the following conditions should apply: /26 Planning Report - Eagandale Office Park 5th Addition February 22, 2000 Page 5 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B4, C1, Dl, El 2. The property shall be platted. 3. Proposed Lot 2 shall be subject to a cash parks dedication and cash trails dedication at the time of building permit. 4. The existing drainage & utility easement over the storm sewer pipe along the north edge of Lot 2 shall be expanded from 10 feet to 20 feet in width. 5. The applicant shall prepare an ingress/egress easement (for the shared access) and cross parking easement (for the shared parking) between Lots 1 and 2. Such easements shall be submitted to the City Attorney for review and approval prior to final subdivision approval. 6. The applicant shall prepare and the City Attorney shall review and approve an easement relating to the internal connection between the two building phases. Such easement shall be recorded with the final subdivision. 7. Building plans, materials and construction associated with phase 2 development shall be such that they will ensure an interior sound level of 50 dBA. 8. Lot 2 building development (upon proposed Lot 2) shall include a physical connection to the structure presently existing upon the property. /2 7 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15. 1987 Revised: July 10, 1990 Revised: February 2. 1993 LTS$JS S /c,) TANOARO.CON FINANCIAL OBLIGATION-Eagandale Office Park 5th There are pay-off balances of special assessments totaling $-0- on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT TOTAL -0- /3 0 Eagan Boundary t»Parch Area Location Map !Sttt1Ar.. Building Footprint MOM e1Yr¦YAYE 1¦rY. NO.... _ Sub ect Site rj*~, r7J js ~r~ ra¦~. y ti • • f p F ' • 4Y -1 iIII + t , E~ ¦ , ,1j tr E•~ A w• i 1 i ~'~t • .j !ar i ? r o~ % . i• s I ~ e' r ~ , I t r g r1 + . i ill, C • • u I.O.M O..1w O* O*O) C.Awx 110.7{ ENO ¦ i w r • - W B ¦r r 1000 0 1000 2000 Feet Development/Developer. Eagandale Office Park 5th Addition Application: Preliminary Subdivisi Case No.: 03-PS-01-01-00 ERSI Am%11sw 11. Farm bse nap difa provided N by ~+tY &+wYDWob.OtandisontomdJ¦uwy71108 City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W.E C..rlwaay D.wt.pe.at D.partal..t The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S not responsible for errors or omissions. 1 Current Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 03-PS-01-01-00 Zoning Map 1-1 Location Current Zoning: PD PD PD Planned Development PF PD PD 41 A R-, P " 7!55 r.a Comprehensive Guide Plan Land Use Map 1 D PF Location CPD CPD Current Land Use Designation: R&D iND R&D Research and Development CPD IND RAD N rarew w. aay l"a~aaY." b aM"fa eo"ty La" 8"7 a",.Oa.. IM M& .9, 1 tWo nr"rn..ww by La.w"we" a.«P tfN ad up"e" by CHy 4Clty of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY W Opnw* Dww t19/* Tho City of Eagan and Dakota County do not ,uarantoo tho accuracy of this Information. S •~r r•n. r•w a • r?.w••wl•~~ a rl..vY. S--wry CORPORATE CENTER DRIVE `W F liollul 111111111111111111111111111111111111111 Hill illillul ?ti O0 _ = 11i(-IIIIIIIiIIIIIiII11i1 _ ' 0 I1I1!f®I O POWER SYSTEMS BUILDING 'APHASE 2 ` o _ _ NOR /011 _ ~60 _ - - - 0 / OaLS1~IC110N ead • fRRY/Viti • 0 Km z I lti-l-Hfl~ ! I FH f off E F I I If l LI I I I ""man Y71M-~L11 ll r ` - - CORPORATE CENTER CURVE I;~ OI LAIORO!!f ftM tdlX I M QIA U Qi1 lY YwLw~I ty ilrrn'r.~~ r,~r I R M7 14 fltip~ t If all f I A Ills ll~l Q I I'I c~ f,j . ~ ICI J 1 I i ~I ri IY~ ~ ICI Esc s ' Imo„ (~yi jlf~ _ 1 'U SIR [ I c ~n J P all ( ! e tI PRELIMINARY SUBDIVISION Agenda Information Memo March 6, 2000 Eagan City Council Meeting C. INTERIM USE PERMIT - NORTHWEST AIRLINES ACTION TO BE CONSIDERED: To approve an Interim Use Permit (IUP) to allow the existence of six temporary classrooms on Lot 1, Block 1, Lone Oak Second Addition, located in the northeast '/4 of section 1 subject to the conditions listed in the APC meeting minutes. FACTS: ? The Northwest Aerospace Training Corporation (NATCO) is part of Northwest Airlines' corporate headquarters campus located in the Waters. > In December of 1997, the City Council approved an Interim Use Permit to allow the installation of temporary modular classrooms until the NATCO training facility could be expanded. The interim use permit was granted for a term that expired on January 1, 2000. On December 20, 1999, the City Council approved a 45 day extension to the original permit which established a termination date of February 14, 2000. > Because the permit expired prior to the City Council being able to approve an Interim Use Permit Amendment (to extend the termination date), the processing of a new permit is necessary. > Pan Am International Flight Academy has recently taken over all of the outside training that Northwest used to provide to other airlines and has purchased the unused time on Northwest's simulators. Thus, they are the sole users of the portable classrooms at this time. > Pan Am is planning to construct a new 53,000 square foot training facility that will eliminate their need for portable classrooms. With this in mind, Northwest Airlines has requested a new interim use permit to allow the continued use of the temporary classrooms for one year. > At their regular meeting on February 22, 2000, the Advisory Planning Commission held a public hearing to consider the Interim Use Permit and recommended approval subject to the conditions listed in the APC meeting minutes. ATTACHMENTS (2) February 22, 2000 APC Meeting Minutes page J3L Staff report, pages .through 49 . /3J Page 10 February 22, 2000 ADVISORY PLANNING COMMISSION INTERIM USE PERMIT NORTHWEST AIRLINES Chair Heyl opened the next public hearing of the evening regarding an Interim Use Permit to allow the use of portable classrooms for one year, located at 2600 Lone Oak Point on Lot 1, Block 1, Lone Oak Second Addition in the NE'/4 of Section 1. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated February 9, 2000. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Kirmis explained the request of Northwest Aerospace Training Corporation for the continuation of the use of temporary classrooms under an interim use permit. The applicant noted her appearance and indicated that permanent additional classroom space is anticipated to be completed by the end of the year 2000. Chair Heyl closed the public hearing. Member Segal moved, Member Tilley seconded, a motion to recommend approval of an Interim Use Permit to allow the use of portable classrooms for one year, located at 2600 Lone Oak Point on Lot 1, Block 1, Lone Oak Second Addition in the NE'/4 of Section 1, subject to the following conditions: 1. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The permit shall terminate on March 1, 2001. 3. No physical modifications to the existing temporary classrooms shall take place All voted in favor. 113' PLANNING REPORT CITY OF EAGAN REPORT DATE: February 9, 2000 CASE: 01-IN-01-01-00 APPLICANT: Northwest Airlines HEARING DATE: February 22, 2000 PROPERTY OWNER: Northwest Airlines PREPARED BY: Bob Kirmis REQUEST: Interim Use Permit LOCATION: Lot 1, Block 1, Lone Oak Second Addition COMPREHENSIVE PLAN: CPD, Commercial Planned Development ZONING: PD, Planned Development SUMMARY OF REQUEST Northwest Airlines is requesting approval of an Interim Use Permit (IUP) to allow the continued use of temporary classrooms at the NATCO training facility on Lot 1, Block 1, Lone Oak Second Addition in the northeast'/4 of Section 1. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The use agrees to any conditions that the Council deems appropriate for permission of the use; and /~3 2 Planning Report - Northwest Airlines IUP February 22, 2000 Page 2 E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Planning Report - Northwest Airlines IUP February 22, 2000 Page 3 BACKGROUND/HISTORY The Northwest Aerospace Training Corporation (NATCO) is part of Northwest Airlines' corporate headquarters campus located in the Waters. In December of 1997, the City Council approved an Interim Use Permit to allow the installation of temporary modular classrooms until the NATCO training facility could be expanded. The interim use permit was granted for a term which expired on January 1, 2000. On December 20, 1999, the City Council approved a 45 day extension to the original permit which established a termination date of February 14, 2000. Because the permit expired prior to the City Council being able to approve an Interim Use Permit Amendment (to extend the termination date), the processing of a new permit is necessary. EXISTING CONDITIONS The NATCO facility provides classroom, simulator and emergency equipment training to flight crews from Northwest Airlines and other airlines. The existing NATCO facility consists of a 249,477 square foot building with parking for 477 vehicles. Pan Am International Flight Academy has recently taken over all of the outside training that Northwest used to provide to other airlines and has purchased the unused time on Northwest's simulators. Thus, they are the sole users of the portable classrooms at this time. SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property: North - Vacant (part of Laukka-Beck PD); guided CPD; zoned PD South - Cray Research; guided CPD; zoned PD East - Vacant (part of Laukka back PD); guided CPD; zoned PD West - NWA Headquarters; guided CPD; zoned PD /39 Planning Report - Northwest Airlines IUP February 22, 2000 Page 4 EVALUATION OF REQUEST Proposed Interim Use - Pan Am is planning to construct a new 53,000 square foot training facility that will eliminate their need for portable classrooms. With this in mind, Northwest Airlines has requested a new interim use permit to allow the continued use of the temporary classrooms for one year. Compatibility with Surrounding Area - The existing classrooms are hardly visible from surrounding properties and have demonstrated to be compatible with the NATCO facility use. Site Plan - The temporary classrooms (six total) measure 4,960 square feet in size (69' x 72') and are connected to the south side of the training facility. The classrooms are finished in with wood siding that is coordinated with the exterior of the training facility. No physical changes to the classrooms (or parking areas) have been proposed. Term - The applicant is requesting a one year term for the permit. SUMMARY/CONCLUSION Because their previously issued interim use permit has expired, it is necessary for Northwest Airlines to acquire a new permit to allow the continued use of their temporary classrooms. The continued use of the temporary classrooms for a one year period is not anticipated to adversely impact the area. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit (IUP) to allow the existence of six temporary classrooms on Lot 1, Block 1, Lone Oak Second Addition, located in the northeast 1/4 of section 1. If approved, the IUP shall be subject to the following conditions: 1. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The permit shall terminate on March 1, 2001. 3. No physical modifications to the existing temporary classrooms shall take place. /~a Eagan Soundry Location Map Street 'arch Area Building Footprint - ~ i Sub ect Site a dF' 3 a ~ 1 r• 1000 0 two 2000 Feet Development/Developer. Northwest Airlines, Inc. Application: Interim Use Permit Case No.: 01-IN-01-01-00 0 rake _ _ Arc 11. Pard o u* nap dsla prwidd N by D~a CaKY Lrd SrMY Drpr4rarr and Is amnt as d Josary 2D= 4City of Eagan THIS MAP 19 INTENDED FOR REFERENCE USE ONLY E S e.-rrw.ny D.wr.pnr..t D p.run.nt The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for erne or emissions. /i Current Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 01-iN-01-01-00 Zoning Map i 0 PD Current Zoning: Location PD W Planned Development PD PD e PD Comprehensive Guide Plan Land Use Map 77 CPO Location Current Land Use Designation: W CPD CPO Commercial Planned Development D • 4 CPD •w • •w u•• r..t 4 0012 P.~.d Y.....y rre..~.w. C. ty u.e $ ..y Dspsa...t 1103100. N Z.Magi?.nw.u.. y...w.r y L..w..•. enq fee W .P••w y ewr. Allik-city of Eagan W E THIS MAP IS INTENDED POR REFERENCE USE ONLY CO?? tyDBWItP//1BIKQq't nwW The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S 1111111111111 IItIUIt ~w.w...s w~r.r wr.r_r.~ t.IN.N M...N ~NMMM 4M t rw aT00 z-av E IrDOaa. lintel NAZI D ~w ewft Sam M-N-/1. ID. IF-11 0 40 80 120 y IE MAXIMUM EXPANSION SITE PLAN SCALE IN MET r EXPANSION a' EXISTING TEMPORARY CLASSROOMS atO RECEIVED OCT 1 5 il37 IllI ,~IIIIIIH i I l l l l l l l' cc vi • 1-i L/ O O O O co O O ~ • d FLOOR PLANBUILDING ELEVATIONS ~ Agenda Information Memo March 6, 2000 Eagan City Council Meeting A. AIRPORT MITIGATION BILL ACTION TO BE CONSIDERED: To support the proposed airport mitigation legislation and communicate that support to the City's state legislative delegation. FACTS: • Senator Dave Johnson of Bloomington has introduced Senate file (SF) 2937, a bill to create Airport Impact Zones and provide mitigation options. Eagan Senator Deanna Wiener is a co-author on the bill. The House version, HF 3258, is co-authored by Eagan Representative Tim Wilkin. SF 2937 had its first hearing in the Senate Local Government Committee on Wednesday, March 1. The Senate Local Government Committee passed the bill with the recommendation to proceed. The first hearing of HF 3258 will be the week of March 6 in the Local Government and Metropolitan Affairs Committee. • The House and Senate bills are a response to the expansion of the Minneapolis/St. Paul International Airport, specifically the new North-South Runway. Similar bills were introduced during the 1999 legislative session. During that session, the legislature directed a Governor's Airport Community Stabilization Funding Task Force, under the direction of the Department of Trade and Economic Development, to investigate all possible mitigation funding sources at the federal, state and local levels. The City of Eagan was a member of the Task Force and endorsed the Task Force report recommendations. • The specifics of each bill provide for the creation of Airport Impact Zones. The criteria for determining an impact zone will be defined by the approving authority in consultation with local communities and the Metropolitan Airports Commission. Following identification of impact zones, a community must prepare an impact mitigation plan that addresses.the needs of the community. The approving authority will then review the plan and either approve it, deny it or allow it to be approved without comment. Also included in the proposed legislation is the creation of a special Tax Increment Financing housing replacement redevelopment district within the 60 DNL. • The Eagan Airport Relations Commission was briefed at the February meeting on the bill introductions. The ARC took no action at that time except to agree by consent that the bills were consistent with the needs and desires of the City of Eagan. ATTACHMENTS: • SF 2937 and HF 3258, on pages through k3 /9S KEY: stricken = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above, you need to change the display of stricken and/or underscored language. Authors and Status ¦ List versions S.F No. 2937, as introduced: 81st Legislative Session (1999-2000) Posted on Feb 9, 2000 1.1 A bill for an act 1.2 relating to Minneapolis-St. Paul International 1.3 Airport; providing for the impact of expansion of the 1.4 Minneapolis-St. Paul International Airport; 1.5 authorizing airport mitigation planning, the 1.6 establishment of airport impact zones, and tax 1.7 increment financing districts in the cities of 1.8 Bloomington, Burnsville, Eagan, Mendota Heights, 1.9 Minneapolis, Richfield, and St. Paul; creating an 1.10 airport impact mitigation fund in the state treasury; 1.11 authorizing certain related activities by the 1.12 department of trade and economic development; 1.13 appropriating money. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. [FINDINGS.] 1.16 The legislature finds that: 1.17 (1) the area included within the airport impact zones 1.18 defined in this act will experience significant adverse 1.19 environmental and socioeconomic impacts associated with the 1.20 operation of the Minneapolis-St. Paul International Airport; 1.21 (2) whether funded directly by the metropolitan airports 1.22 commission or by other means, expenditures for mitigation of 1.23 those airport-created impacts involve an aspect of the airport's 1.24 capital and operating expenses and will be made for airport 1.25 purposes and for a public purpose; and 1.26 (3) appropriate measures to mitigate those adverse impacts 1.27 include, but are not limited to, redevelopment and housing 1.28 replacement activities. 1.29 Sec. 2. [DEFINITIONS.] 2.1 Subdivision 1. [APPLICATION.] For the purposes of this 2.2 act, the terms defined in this section have the meanings given 2.3 them. 2.4 Subd. 2. [AIRPORT IMPACT DISTRICT.] "Airport impact 2.5 district" means an airport impact tax increment financing 2.6 district described in section 4. 2.7 Subd. 3. [AIRPORT IMPACT ZONE.] "Airport impact zone" 2.8 means a contiguous or noncontiguous geographic area designated 2.9 by a city and approved by the commissioner as part of a 2.10 mitigation plan under section 3. 2.11 Subd. 4. [AIRPORT SALES.] "Airport sales" means sales that 2.12 are taxable under Minnesota Statutes," chapter 297A, and occur on 2.13 property owned by the metropolitan airports commission at the 2.14 Minneapolis-St. Paul International Airport including, without 2.15 limit, parking, vehicle rental, food and beverage, vending, 2.16 merchandise, and pay telephones. Airport sales do not include 2.17 sales of goods or taxable services purchased by the metropolitan 2.18 airports commission or by persons or entities conducting a 2.19 private trade or business on property owned by the metropolitan 2.20 airports commission at the Minneapolis-St. Paul International 2.21 Airport. 2.22 Subd. 5. [CITY.] "City" means the cities of Bloomington, 2.23 Burnsville, Eagan, Mendota Heights, Minneapolis, Richfield, and 2.24 St. Paul, or any of them. 2.25 Subd. 6. [COMMISSIONER.] "Commissioner" means the 2.26 commissioner of trade and economic development. 2.27 Subd. 7. [DEPARTMENT.] "Department" means the department 2.28 of trade and economic development. 2.29 Subd. B. [GOVERNING BODY.] "Governing body" means the city 2.30 council of a city. 2.31 Subd. 9. [HOUSING REPLACEMENT ACTIVITIES.] "Housing 2.32 replacement activities" means rehabilitation, acquisition, 2.33 relocation assistance, relocation of existing dwelling units, 2.34 and construction of new dwelling units, for the purpose of 2.35 replacing dwelling units eliminated by airport mitigation 2.36 activities. 3.1 Subd. 10. [IMPACT REPORT.] "Impact report" means a written 3.2 report identifying airport impacts adopted by a city under 3.3 section 3. 3.4 Subd. 11. [MITIGATION FUND.] "Mitigation fund" means the 3.5 airport impact mitigation fund established under section 5. 3.6 Subd. 12. [MITIGATION PLAN.) "Mitigation plan" means a 3.7 plan for airport impact mitigation developed by a city and 3.8 approved by the commissioner under section 3. 3.9 Subd. 13. [OBLIGATION.] "Obligation" has the meaning given 3.10 it in Minnesota Statutes, section 475.51, subdivision 3. The 3.11 term includes obligations issued to refund prior obligations 3.12 issued under this act. 3.13 Subd. 14. (SCHOOL DISTRICT.] "School district" means a 3.14 school district whose jurisdiction includes all or any portion 3.15 of a city. 3.16 Sec. 3. [AIRPORT IMPACT MITIGATION PLANNING.] 3.17 Subdivision 1. [IMPACT REPORT.) A city may study and 3.18 identify airport impacts and the scope of those impacts on the 3.19 city. At the conclusion of an impact study, a city must adopt a 3.20 report of the impacts on the city. In studying airport impacts 3.21 and preparing a report, a city must take into account airport 3.22 noise impacts and additional environmental, transportation, and 3.23 economic impacts associated with expansion of the 3.24 Minneapolis-St. Paul International Airport. A city must also 3.25 consider and incorporate the overhead noise guidelines 3.26 established by the Federal Aviation Commission and the Low 3.27 Frequency Noise Policy Committee's Expert Panel report 3.28 concerning noise impacts. 3.29 Subd. 2. [MITIGATION PLAN.] (a) After adopting an airport 3.30 impact report, a city must develop an airport mitigation plan 3.31 for an airport impact zone in the city. In developing the 3.32 mitigation plan, a city must seek to determine the most 3.33 effective measures for mitigating the impacts identified in the 3.34 impact report. A city may consider any measures for mitigating 3.35 airport impacts including, without limit, noise insulation of 3.36 residential and commercial buildings, land use conversion, 4.1 development of housing to replace units lost through mitigation 4.2 activities, and the maintenance of property values. The 4.3 mitigation plan must include: 4.4 (1) designated boundaries of the airport impact zone; 4.5 (2) a description of recommended impact mitigation 4.6 measures; 4.7 (3) if the plan includes establishment of one or more 4.8 airport impact tax increment financing districts, the proposed 4.9 boundaries of each district, consistent with the terms of 4.10 section 4; 4.11 (4) if the plan includes conversion of residential land 4.12 use, a description of proposed housing replacement activities; 4.13 (5) estimates of costs of the recommended mitigation 4.14 measures and possible financing sources; 4.15 (6) an analysis of the feasibility of property tax 4.16 abatement under sections 469.1813 to 469.1815 as a financing 4.17 source; and 4.18 (7) the estimated amount of obligations, if any, to be 4.19 issued under this act, including a description of the proposed 4.20 security for the obligations. 4.21 (b) Before initial approval of a mitigation plan, a city 4.22 must conduct a public hearing after publishing at least ten days 4.23 before the hearing a notice in a newspaper of general 4.24 circulation in the city. The hearing notice must state that the 4.25 mitigation plan and the mitigation report are available for 4.26 review in the administrative offices of the city. After initial 4.27 approval of the mitigation plan by the governing body, the city 4.28 must submit the mitigation plan and the mitigation report to the 4.29 commissioner for approval, and must also submit copies to the 4.30 metropolitan council and the metropolitan airports commission 4.31 for review and comment. Not more than 60 days after receipt of 4.32 the city's submission, the commissioner must approve, 4.33 disapprove, or otherwise comment on the mitigation plan. 4.34 Failure by the commissioner to approve or comment within 60 days 4.35 is considered approval of the mitigation plan. An action 4.36 described in a mitigation plan must not be financed by the 5.1 mitigation fund or an airport impact district until the 5.2 mitigation plan has first been approved by the commissioner and 5.3 then finally approved by the governing body. l l~ 5.4 (c) A mitigation plan may be changed after the notice, 5.5 hearing, and approvals required for approval of the original 5.6 plan. The change is required only to: 5.7 (1) increase the total estimated cost of mitigation 5.8 activities; 5.9 (2) increase the total estimated amount of obligations to 5.10 be issued; 5.11 (3) secure any obligations by the pledge described in 5.12 section 6, subdivision 2, if the pledge was not included in the 5.13 original plan; 5.14 (4) expand the boundaries of an airport impact zone; 5.15 (5) create or expand the boundaries of an airport impact 5.16 district; or 5.17 (6) add mitigation activities beyond the scope of 5.18 activities described in the original plan. 5.19 Sec. 4. [AIRPORT IMPACT TAX INCREMENT FINANCING 5.20 DISTRICTS.] 5.21 Subdivision 1. [AUTHORIZATION.] A city may establish one 5.22 or more airport impact tax increment financing districts within 5.23 an airport impact zone. The boundaries of each district must be 5.24 described in a mitigation plan. 5.25 Subd. 2. [SPECIAL RULES.] (a) An airport impact district 5.26 is considered a redevelopment district within the meaning of, 5.27 and is subject to, Minnesota Statutes, sections 469.174 to 5.28 469.179, except as otherwise provided in this subdivision. For 5.29 the purposes of Minnesota Statutes, section 469.174, subdivision 5.30 8, "project" means an airport impact zone described in section 3. 5.31 (b) For the purposes of Minnesota Statutes, section 5.32 469.174, subdivision 10, the governing body must find that 5.33 parcels consisting of 70 percent of the area of the district are 5.34 occupied by buildings, streets, utilities, or other 5.35 improvements, and more than 50 percent of the buildings, not 5.36 including outbuildings, currently or upon completion of airport 6.1 expansion are reasonably expected to experience airport impacts 6.2 identified in the mitigation plan to a degree requiring land use 6.3 conversion to accommodate uses compatible with the airport. 6.4 This finding may be made at the time of approval of the 6.5 mitigation plan. 6.6 (c) For the purposes of Minnesota Statutes, section 6.7 469.1763, subdivision 2, the "in-district percentage" is 75 6.8 percent, except that any expenditures within the boundaries of 6.9 any other airport impact tax increment financing district within 6.10 the city are considered activities within the district, and the 6.11 25 percent "pooling percentage" may be used only to pay for 6.12 administrative expenses and housing replacement activities. 6.13 (d) For the purposes of Minnesota Statutes, section 6.14 469.176, subdivision 4j, the cost of correcting conditions that 6.15 allow designation of the airport impact district includes the 6.16 cost of a mitigation measure described in an approved mitigation 6.17 plan. 6.18 (e) Minnesota Statutes, sections 273.1399 and 469.1782, 6.19 subdivision 1, do not apply to the district if the city elects 6.20 either or both of the following: 6.21 (1) the exemption under Minnesota Statutes, section 6.22 273.1399, subdivision 6, paragraph (d); or 6.23 (2) at least 15 percent of the revenue generated from tax 6.24 increments from the airport impact district in any year is 6.25 deposited in the housing replacement account of the city and 6.26 spent for housing replacement activities described in the 6.27 mitigation plan. 6.28 (f) Housing replacement activities. may be located in the 6.29 city within or outside the airport impact district. 6.30 (g) Minnesota Statutes, chapter 473F, does not apply to 6.31 property within an airport impact district beginning in the 6.32 first year in which tax increment is paid to the city and 6.33 continuing until decertification of the district. Tax increment 6.34 from the district is calculated according to Minnesota Statutes, 6.35 section 469.177, subdivision 3, clause (a), without regard to 6.36 the fiscal disparities provisions of Minnesota Statutes, chapter 7.1 473F. 7.2 Sec. 5. [AIRPORT IMPACT MITIGATION FUND.) 7.3 Subdivision 1. [FUND CREATED; SOURCES.) The airport impact 7.4 mitigation fund is established in the state treasury. The 7.5 mitigation fund is administered by the commissioner for the 7.6 purposes described in this section. 7.7 Subd. 2. [INCREMENTAL AIRPORT SALES TAX.] Notwithstanding 7.8 anything to the contrary in Minnesota Statutes, section 297A.44, 7.9 to the extent revenues derived from sales taxes imposed under 7.10 Minnesota Statutes, chapter 297A, on airport sales exceed 7.11 $12,000,000 in any fiscal year, the excess revenues are 7.12 appropriated annually to the mitigation fund beginning in the (~J( 7.13 fiscal year ending in 2001 and ending in the fiscal year ending 7.14 in 2025. 7.15 Subd. 3. [GENERAL FUND APPROPRIATION.] (a) $2,000,000 is 7.16 appropriated from the general fund to the mitigation fund. The 7.17 appropriation is available until spent. 7.18 (b) To ensure adequate funding to meet long-term airport 7.19 mitigation needs under this act, the legislature declares as 7.20 policy its intent to appropriate $4,000,000 in each of the 7.21 following four biennia 2001-2002 through 2007-2008 and 7.22 $2,000,000 in the first year of the 2009-2010 biennium, for a 7.23 total of $20,000,000 appropriated over that ten-year period, 7.24 including the appropriation in paragraph (a). 7.25 Subd. 4. [USE OF REVENUES.] Amounts in the mitigation fund 7.26 may be spent only for the following purposes: 7.27 (1) to pay principal of, interest on, and redemption 7.28 premium, if any, on obligations issued by a city under this act; 7.29 (2) to pay or reimburse a city for costs incurred to 7.30 implement a mitigation plan, including, without limit, costs of 7.31 preparing the impact report and mitigation plan; 7.32 (3) to pay a school district declining enrollment aid to 7.33 mitigate decreases in student population created by mitigation 7.34 activities of a city under the city's mitigation plan; and 7.35 (4) by the department to pay the costs of administering the 7.36 mitigation fund. 8.1 Subd. 5. [PAYMENT PROVISIONS.] Disbursements from the 8.2 mitigation fund, after deductions for administration costs of 8.3 the department, must be made in the following order: 8.4 (1) first, for the payment of principal of, interest on, 8.5 and redemption premium, if any, of obligations secured in whole 8.6 or in part by disbursements from the mitigation fund; and 8.7 (2) second, to the extent feasible, for payment or 8.8 reimbursement to cities and school districts pro rata based on 8.9 the aggregate amount described in subdivision 4, clauses (2) and 8.10 (3), certified to the commissioner in any year. 8.11 Subd. 6. [TERMINATION OF MITIGATION FUND.] The mitigation 8.12 fund ends on the earlier of: 8.13 (1) the date by which all cities and school districts have 8.14 notified the commissioner that all costs payable from the 8.15 mitigation fund under this act have been paid; or 8.16 (2) the end of the fiscal year ending in 2030. 8.17 The balance of amounts in the mitigation fund on its termination 8.18 are credited to the state general fund. 8.19 Sec. 6. [BONDS; SECURITY.] 8.20 Subdivision 1. [TERMS.] (a) A city may issue obligations 8.21 secured by 8.22 (1) tax increments, 8.23 (2) abatements, 8.24 (3) amounts disbursed from the airport mitigation fund, 8.25 (4) any other revenues available to the city under law, or 8.26 (5) any combination of revenue described in clauses (1) to 8.27 (4). 8.28 (b) The proceeds of obligations must be used to pay or 8.29 reimburse any costs to implement a mitigation plan, including, 8.30 without limit, costs of preparing the impact report and the 8.31 mitigation plan. The governing body may provide by resolution 8.32 that the obligations are additionally secured by the full faith 8.33 and credit of the city. Notwithstanding any other law or 8.34 charter provision, voter approval is not required and net debt 8.35 limits do not apply to obligations issued under this section. 8.36 Obligations secured in whole or in part with tax increments from 9.1 an airport impact district must be issued according to Minnesota 9.2 Statutes, section 469.178, and this act. 9.3 Subd. 2. (METROPOLITAN AREA PLEDGE.] (a) Obligations 9.4 issued by a city under this act must be secured by a pledge of 9.5 the full faith and credit and taxing power of the metropolitan 9.6 council if: 9.7 (1) the city so requests and the commissioner approves that 9.8 pledge as part of the city's mitigation plan; and 9.9 (2) the amount of collections of other revenues pledged for 9.10 payment of the obligations will produce, as estimated at the 9.11 time of the pledge, at least five percent in excess of the 9.12 amount needed to meet when due the principal and interest 9.13 payments on the obligations. 9.14 (b) The pledge must be made by resolution of the city 9.15 council of the city. Voter approval of obligations secured by 9.16 the pledge described in this subdivision is not required and net 9.17 debt limits do not apply. 9.18 (c) If there is a deficiency in revenues pledged to the 9.19 obligations, the metropolitan council must levy a tax against 9.20 all taxable property in the metropolitan area and advance the G/•f 9.21 proceeds of the levy to the city for deposit in the debt service 9.22 fund for the obligations. The city must reimburse the 9.23 metropolitan council for the advance to the extent the deficient 9.24 revenues are later collected. 9.25 (d) Taxes levied by the metropolitan council because of the 9.26 pledge do not affect the amount or rate of taxes that may be 9.27 levied by the council for other purposes and are not subject to 9.28 limit as to rate or amount. 9.29 Sec. 7. [EFFECTIVE DATE.) 9.30 Sections 1, 2, 3, 5, and 6 do not require local approval, 9.31 because Minnesota Statutes, section 645.023, subdivision 1, 9.32 clause (a), applies. Sections 1, 2, 3, 5, and 6, are effective 9.33 June 1, 2000. Section 4 is effective for each of the cities of 9.34 Bloomington, Burnsville, Eagan, Mendota Heights, Minneapolis, 9.35 Richfield, and St. Paul the day after the governing body of each 9.36 and its chief clerical officer timely complete their compliance 10.1 with Minnesota Statutes, section 645.021, subdivisions 2 and 3. 's4 KEY: strieleen = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above, you need to change the display of stricken and/or underscored language. Authors and Status ¦ List versions H.F No. 3258, as introduced: 81st Legislative Session (1999-2000) Posted on Feb 10, 2000 1.1 A bill for an act 1.2 relating to Minneapolis-St. Paul International 1.3 Airport; providing for the impact of expansion of the 1.4 Minneapolis-St. Paul International Airport; 1.5 authorizing airport mitigation planning, the 1.6 establishment of airport impact zones, and tax 1.7 increment financing districts in the cities of 1.8 Bloomington, Burnsville, Eagan, Mendota Heights, 1.9 Minneapolis, Richfield, and St. Paul; creating an 1.10 airport impact mitigation fund in the state treasury; 1.11 authorizing certain related activities by the 1.12 department of trade and economic development; 1.13 appropriating money. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. [FINDINGS.] 1.16 The legislature finds that: 1.17 (1) the area included within the airport impact zones 1.18 defined in this act will experience significant adverse 1.19 environmental and socioeconomic impacts associated with the 1.20 operation of the Minneapolis-St. Paul International Airport; 1.21 (2) whether funded directly by the metropolitan airports 1.22 commission or by other means, expenditures for mitigation of 1.23 those airport-created impacts involve an aspect of the airport's 1.24 capital and operating expenses and will be made for airport 1.25 purposes and for a public purpose; and 1.26 (3) appropriate measures to mitigate those adverse impacts 1.27 include, but are not limited to, redevelopment and housing 1.28 replacement activities. 1.29 Sec. 2. [DEFINITIONS.] 2.1 Subdivision 1. [APPLICATION.] For the purposes of this 2.2 act, the terms defined in this section have the meanings given 2.3 them. 2.4 Subd. 2. [AIRPORT IMPACT DISTRICT.] "Airport impact 2.5 district" means an airport impact tax increment financing 2.6 district described in section 4. 2.7 Subd. 3. [AIRPORT IMPACT ZONE.] "Airport impact zone" 2.8 means a contiguous or noncontiguous geographic area designated 2.9 by a city and approved by the commissioner as part of a 2.10 mitigation plan under section 3. 2.11 Subd. 4. [AIRPORT SALES.] "Airport sales" means sales that 2.12 are taxable under Minnesota Statutes,. chapter 297A, and occur on 2.13 property owned by the metropolitan airports commission at the 2.14 Minneapolis-St. Paul International Airport including, without 2.15 limit, parking, vehicle rental, food and beverage, vending, 2.16 merchandise, and pay telephones. Airport sales do not include 2.17 sales of goods or taxable services purchased by the metropolitan 2.18 airports commission or by persons or entities conducting a 2.19 private trade or business on property owned by the metropolitan 2.20 airports commission at the Minneapolis-St. Paul International 2.21 Airport. 2.22 Subd. 5. [CITY.] "City" means the cities of Bloomington, 2.23 Burnsville, Eagan, Mendota Heights, Minneapolis, Richfield, and 2.24 St. Paul, or any of them. 2.25 Subd. 6. [COMMISSIONER.] "Commissioner" means the 2.26 commissioner of trade and economic development. 2.27 Subd. 7. [DEPARTMENT.] "Department" means the department 2.28 of trade and economic development. 2.29 Subd. 8. [GOVERNING BODY.] "Governing body" means the city 2.30 council R -a city. 2.31 Subd. 9. [HOUSING REPLACEMENT ACTIVITIES.] "Housing 2.32 replacement activities" means rehabilitation, acquisition, 2.33 relocation assistance, relocation of existing dwelling units, 2.34 and construction of new dwelling units, for the purpose of 2.35 replacing dwelling units eliminated by airport mitigation 2.36 activities. 3.1 Subd. 10. [IMPACT REPORT.] "Impact report" means a written 3.2 report identifying airport impacts adopted by a city under 3.3 section 3. 3.4 Subd. 11. [MITIGATION FUND.] "Mitigation fund" means the 3.5 airport impact mitigation fund established under section 5. 3.6 Subd. 12. (MITIGATION PLAN.] "Mitigation plan" means a 3.7 plan for airport impact mitigation developed by a city and 3.8 approved by the commissioner under section 3. 3.9 Subd. 13. [OBLIGATION.] "Obligation" has the meaning given 3.10 it in Minnesota Statutes, section 475.51, subdivision 3. The 3.11 term includes obligations issued to refund prior obligations 3.12 issued under this act. 3.13 Subd. 14. [SCHOOL DISTRICT.] "School district" means a 3.14 school district whose jurisdiction includes all or any portion 3.15 of a city. 3.16 Sec. 3. [AIRPORT IMPACT MITIGATION PLANNING.) 3.17 Subdivision 1. [IMPACT REPORT.] A city may study and 3.18 identify airport impacts and the scope of those impacts on the 3.19 city. At the conclusion of an impact study, a city must adopt a 3.20 report of the impacts on the city. In studying airport impacts 3.21 and preparing a report, a city must take into account airport 3.22 noise impacts and additional environmental, transportation, and 3.23 economic impacts associated with expansion of the 3.24 Minneapolis-St. Paul International Airport. A city must also 3.25 consider and incorporate the overhead noise guidelines 3.26 established by the Federal Aviation Commission and the Low 3.27 Frequency Noise Policy Committee's Expert Panel report 3.28 concerning noise impacts. 3.29 Subd. 2. [MITIGATION PLAN.] (a) After adopting an airport 3.30 impact report, a city must develop an airport mitigation plan 3.31 for an airport impact zone in the city. In developing the 3.32 mitigation plan, a city must seek to determine the most 3.33 effective measures for mitigating the impacts identified in the 3.34 impact report. A city may consider any measures for mitigating 3.35 airport impacts including, without limit, noise insulation of 3.36 residential and commercial buildings, land use conversion, 4.1 development of housing to replace units lost through mitigation 4.2 activities, and the maintenance of property values. The 4.3 mitigation plan must include: 4.4 (1) designated boundaries of the airport impact zone; 4.5 (2) a description of recommended impact mitigation 4.6 measures; 4.7 (3) if the plan includes establishment of one or more 4.8 airport impact tax increment financing districts, the proposed 4.9 boundaries of each district, consistent with the terms of 4.10 section 4; 4.11 (4) if the plan includes conversion of residential land 4.12 use, a description of proposed housing replacement activities; 4.13 (5) estimates of costs of the recommended mitigation 4.14 measures and possible financing sources; 4.15 (6) an analysis of the feasibility of property tax 4.16 abatement under sections 469.1813 to 469.1815 as a financing 4.17 source; and 4.18 (7) the estimated amount of obligations, if any, to be 4.19 issued under this act, including a description of the proposed 4.20 security for the obligations. 4.21 (b) Before initial approval of a mitigation plan, a city 4.22 must conduct a public hearing after publishing at least ten days 4.23 before the hearing a notice in a newspaper of general 4.24 circulation in the city. The hearing notice must state that the 4.25 mitigation plan and the mitigation report are available for 4.26 review in the administrative offices of the city. After initial 4.27 approval of the mitigation plan by the governing body, the city 4.28 must submit the mitigation plan and the mitigation report to the 4.29 commissioner for approval, and must also submit copies to the 4.30 metropolitan council and the metropolitan airports commission 4.31 for review and comment. Not more than 60 days after receipt of 4.32 the city's submission, the commissioner must approve, 4.33 disapprove, or otherwise comment on the mitigation plan. 4.34 Failure by the commissioner to approve or comment within 60 days 4.35 is considered approval of the mitigation plan. An action 4.36 described in a mitigation plan must not be financed by the 5.1 mitigation fund or an airport impact district until the 5.2 mitigation plan has first been approved by the commissioner and ~ 5.3 then finally approved by the governing body. 5.4 (c) A mitigation plan may be changed after the notice, 5.5 hearing, and approvals required for approval of the original 5.6 plan. The change is required only to: 5.7 (1) increase the total estimated cost of mitigation 5.8 activities; 5.9 (2) increase the total estimated amount of obligations to 5.10 be issued; 5.11 (3) secure any obligations by the pledge described in 5.12 section 6, subdivision 2, if the pledge was not included in the 5.13 original plan; 5.14 (4) expand the boundaries of an airport impact zone; 5.15 (5) create or expand the boundaries of an airport impact 5.16 district; or 5.17 (6) add mitigation activities beyond the scope of 5.18 activities described in the original plan. 5.19 Sec. 4. [AIRPORT IMPACT TAX INCREMENT FINANCING 5.20 DISTRICTS.] 5.21 Subdivision 1. [AUTHORIZATION.] A city may establish one 5.22 or more airport impact tax increment financing districts within 5.23 an airport impact zone. The boundaries of each district must be 5.24 described in a mitigation plan. 5.25 Subd. 2. [SPECIAL RULES.] (a) An airport impact district 5.26 is considered a redevelopment district within the meaning of, 5.27 and is subject to, Minnesota Statutes, sections 469.174 to 5.28 469.179, except as otherwise provided in this subdivision. For 5.29 the purposes of Minnesota Statutes, section 469.174, subdivision 5.30 8, "project" means an airport impact zone described in section 3. 5.31 (b) For the purposes of Minnesota Statutes, section 5.32 469.174, subdivision 10, the governing body must find that 5.33 parcels consisting of 70 percent of the area of the district are 5.34 occupied by buildings, streets, utilities, or other 5.35 improvements, and more than 50 percent of the buildings, not 5.36 including outbuildings, currently or upon completion of airport 6.1 expansion are reasonably expected to experience airport impacts 6.2 identified in the mitigation plan to a degree requiring land use 6.3 conversion to accommodate uses compatible with the airport. 6.4 This finding may be made at the time of approval of the 6.5 mitigation plan. 6.6 (c) For the purposes of Minnesota Statutes, section 6.7 469.1763, subdivision 2, the "in-district percentage" is 75 6.8 percent, except that any expenditures within the boundaries of 6.9 any other airport impact tax increment financing district within 6.10 the city are considered activities within the district, and the 6.11 25 percent "pooling percentage" may be used only to pay for 6.12 administrative expenses and housing replacement activities. 6.13 (d) For the purposes of Minnesota Statutes, section 6.14 469.176, subdivision 4j, the cost of correcting conditions that 6.15 allow designation of the airport impact district includes the 6.16 cost of a mitigation measure described in an approved mitigation 6.17 plan. 6.18 (e) Minnesota Statutes, sections 273.1399 and 469.1782, 6.19 subdivision 1, do not apply to the district if the city elects 6.20 either or both of the following: 6.21 (1) the exemption under Minnesota Statutes, section 6.22 273.1399, subdivision 6, paragraph (d); or 6.23 (2) at least 15 percent of the revenue generated from tax 6.24 increments from the airport impact district in any year is 6.25 deposited in the housing replacement account of the city and 6.26 spent for housing replacement activities described in the 6.27 mitigation plan. 6.28 (f) Housing replacement activities may be located in the 6.29 city within or outside the airport impact district. 6.30 (g) Minnesota Statutes, chapter 473F, does not apply to 6.31 property within an airport impact district beginning in the 6.32 first year in which tax increment is paid to the city and 6.33 continuing until decertification of the district. Tax increment 6.34 from the district is calculated according to Minnesota Statutes, 6.35 section 469.177, subdivision 3, clause (a), without regard to 6.36 the fiscal disparities provisions of Minnesota Statutes, chapter 7.1 473F. 7.2 Sec. 5. [AIRPORT IMPACT MITIGATION FUND.] 7.3 Subdivision 1. [FUND CREATED; SOURCES.] The airport impact 7.4 mitigation fund is established in the state treasury. The 7.5 mitigation fund is administered by the commissioner for the 7.6 purposes described in this section. 7.7 Subd. 2. [INCREMENTAL AIRPORT SALES TAX.] Notwithstanding 7.8 anything to the contrary in Minnesota Statutes, section 297A.44, 7.9 to the extent revenues derived from sales taxes imposed under 7.10 Minnesota Statutes, chapter 297A, on airport sales exceed 7.11 $12,000,000 in any fiscal year, the excess revenues are IS-3 7.12 appropriated annually to the mitigation fund beginning in the 7.13 fiscal year ending in 2001 and ending in the fiscal year ending 7.14 in 2025. 7.15 Subd. 3. [GENERAL FUND APPROPRIATION.] (a) $2,000,000 is 7.16 appropriated from the general fund to the mitigation fund. The 7.17 appropriation is available until spent. 7.18 (b) To ensure adequate funding to meet long-term airport 7.19 mitigation needs under this act, the legislature declares as 7.20 policy its intent to appropriate $4,000,000 in each of the 7.21 following four biennia 2001-2002 through 2007-2008 and 7.22 $2,000,000 in the first year of the 2009-2010 biennium, for a 7.23 total of $20,000,000 appropriated over that ten-year period, 7.24 including the appropriation in paragraph (a). 7.25 Subd. 4. [USE OF REVENUES.] Amounts in the mitigation fund 7.26 may be spent only for the following purposes: 7.27 (1) to pay principal of, interest on, and redemption 7.28 premium, if any, on obligations issued by a city under this act; 7.29 (2) to pay or reimburse a city for costs incurred to 7.30 implement a mitigation plan, including, without limit, costs of 7.31 preparing the impact report and mitigation plan; 7.32 (3) to pay a school district declining enrollment aid to 7.33 mitigate decreases in student population created by mitigation 7.34 activities of a city under the city's mitigation plan; and 7.35 (4) by the department to pay the costs of administering the 7.36 mitigation fund. 8.1 Subd. 5. [PAYMENT PROVISIONS.] Disbursements from the 8.2 mitigation fund, after deductions for administration costs of 8.3 the department, must be made in the following order: 8.4 (1) first, for the payment of principal of, interest on, 8.5 and redemption premium, if any, of obligations secured in whole 8.6 or in part by disbursements from the mitigation fund; and 8.7 (2) second, to the extent feasible, for payment or 8.8 reimbursement to cities and school districts pro rata based on 8.9 the aggregate amount described in subdivision 4, clauses (2) and 8.10 (3), certified to the commissioner in any year. 8.11 Subd. 6. [TERMINATION OF MITIGATION FUND.] The mitigation 8.12 fund ends on the earlier of: 8.13 (1) the date by which all cities and school districts have 8.14 notified the commissioner that all costs payable from the 8.15 mitigation fund under this act have been paid; or 8.16 (2) the end of the fiscal year ending in 2030. 8.17 The balance of amounts in the mitigation fund on its termination 8.18 are credited to the state general fund. 8.19 Sec. 6. [BONDS; SECURITY.] 8.20 Subdivision 1. [TERMS.] (a) A city may issue obligations 8.21 secured by 8.22 (1) tax increments, 8.23 (2) abatements, 8.24 (3) amounts disbursed from the airport mitigation fund, 8.25 (4) any other revenues available to the city under law, or 8.26 (5) any combination of revenue described in clauses (1) to 8.27 (4). 8.28 (b) The proceeds of obligations must be used to pay or 8.29 reimburse any costs to implement a mitigation plan, including, 8.30 without limit, costs of preparing the impact report and the 8.31 mitigation plan. The governing body may provide by resolution 8.32 that the obligations are additionally secured by the full faith 8.33 and credit of the city. Notwithstanding any other law or 8.34 charter provision, voter approval is not required and net debt 8.35 limits do not apply to obligations issued under this section. 8.36 Obligations secured in whole or in part with tax increments from 9.1 an airport impact district must be issued according to Minnesota 9.2 Statutes, section 469.178, and this act. 9.3 Subd. 2. [METROPOLITAN AREA PLEDGE.] (a) Obligations 9.4 issued by a city under this act must be secured by a pledge of 9.5 the full faith and credit and taxing power of the metropolitan 9.6 council if: 9.7 (1) the city so requests and the commissioner approves that 9.8 pledge as part of the city's mitigation plan; and 9.9 (2) the amount of collections of other revenues pledged for 9.10 payment of the obligations will produce, as estimated at the 9.11 time of the pledge, at least five percent in excess of the 9.12 amount needed to meet when due the principal and interest 9.13 payments on the obligations. 9.14 (b) The pledge must be made by resolution of the city 9.15 council of the city. Voter approval of obligations secured by 9.16 the pledge described in this subdivision is not required and net 9.17 debt limits do not apply. 9.18 (c) If there is a deficiency in revenues pledged to the 9.19 obligations, the metropolitan council must levy a tax against 9.20 all taxable property in the metropolitan area and advance the 9.21 proceeds of the levy to the city for deposit in the debt service 9.22 fund for the obligations. The city must reimburse the 9.23 metropolitan council for the advance to the extent the deficient 9.24 revenues are later collected. 9.25 (d) Taxes levied by the metropolitan council because of the 9.26 pledge do not affect the amount or rate of taxes that may be 9.27 levied by the council for other purposes and are not subject to 9.28 limit as to rate or amount. 9.29 Sec. 7. [EFFECTIVE DATE.] 9.30 Sections 1, 2, 3, 5, and 6 do not require local approval, 9.31 because Minnesota Statutes, section 645.023, subdivision 1, 9.32 clause (a), applies. Sections 1, 2, 3, 5, and 6, are effective 9.33 June 1, 2000. Section 4 is effective for each of the cities of 9.34 Bloomington, Burnsville, Eagan, Mendota Heights, Minneapolis, 9.35 Richfield, and St. Paul the day after the governing body of each 9.36 and its chief clerical officer timely complete their compliance 10.1 with Minnesota Statutes, section 645.021, subdivisions 2 and 3. ass State of Minnesota For Board Use Only e.~ Gambling Control Board Amt. Pd Premises Permit Renewal Application Check # LG214PPR Printed: 1/18)2000 Date License Number: B-02228-001 Effective Date: 6/1/1998 Expiration Date: 5/31/2000 Name of Organization: Lions Eagan Club Gambling Premises Information Name of the establishment where gambling will be conducted Cedarvale Lanes Note: Our records show the premises 3883 Beau D'Rue Dr is located within the city limits Eagan, MN 55122 County: Dakota Lessor Information Cedarvale Bowl Inc 3883 Beau D'Rue Dr Eagan, MN 55122 Name of the property owner (If different): Square footage leased per month: 60.00 Rent paid per month: 1,000.00 Square footage leased per bingo occasion: Rent paid per bingo occasion: Bingo Activity Our records indicate that Bingo is not conducted on these premises. Storage Information 13 SAS' 44. YAP. Bank Information Dakota County St Bank Gambling Bank 750 S Plaza Dr Account Number: 300111200 Mendota Heights, MN 55120 - On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) Acknowledgment Page 2 of 2 Gambling Site Authorization Oath 6. any changes in application information I hereby consent that local law enforcement I declare that: will be submitted to the board and local officers, the board or agents of the board, or 1. I have read this application and all unit of government within ten days of the commissioner of revenue or information submitted to the board is Vue, the change; and public safety or agents of the commissioners, accurate, and complete; 7. I understand that failure to provide may enter the premises to enforce the law. 2. all other required information has been required information or providing false or Bank Records Information fiilly disclosed; misleading information may result in the The board is authorized to inspect the bank 3. I am the chief executive officer of the denial or on of license. records of the gambling account whenever organization; necessary to fulfill requirements of current 4. I assume full responsibility for the fair and gambling rules and law. lawful operation of all activities to be Organization License Authorization conducted; I hereby authorize the Gambling Control 5. 1 will familiarize myself with the laws of Signature of the chief executive Board to modify the class of organization Minnesota governing lawful gambling and officer (Designee may not sign) license to be consistent with the class of rules of the board and agree, if licensed, to permit being applied for. abide by those laws and rules, including amendments to them; Date Local Unit of Government Acknowledgment and A ~proval iy ' iaust si y NMI NMI '115111 On behalf of the city, I hereby acknowledge this application r A_) for lawful gambling activity at the premises located within Print name o ity the city's jurisdiction, and that a resolution specifically GC, l X )4, approving or denying the application will be forwarded to /J the applying organization Signature of city personnel receiving application Title Date the garil"b ices is 7odste~I in $ to vQfl* "`both th 2 cotti~ty and to *-Rhif *of WOW In W The coup must provide a resolution »rus' ..~r ro' iYfr 3vsdrYal'"iia.a~ t-isv. "faa:.~:a+,.......£'-.rw:?.,a..c,a,._ For the township: On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling Print name of township activity within the township limits. A township has no statutory authority to approve or deny an Signature of township official receiving application application (Minn. Star. sec. 349.213, subd. 2). Title Date For the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at Print name of county the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of county personnel receiving application Title Date The information requested on this form (and Your name ?nd address will be public Board whose work assignment requires that any attachments) will be used by the Gambling information when received by the Board All they have access to the information; the Control Board (Board) to determine your the other information that you provide will be Minnesota Department of Public Safety; the qualifications to be involved in lawfiil gambling private data about you until the Board issues Minnesota Attorney General; the Minnesota activities in Minnesota, and to assist the Board your license. When the Board issues your Commissioners of Administration, Finance, in conducting a background investigation of license, all of the information that you have and Revenue; the Minnesota Legislative you. You have the right to refuse to supply the provided to the Board in the process of Auditor, national and international gambling information requested; however, if you refuse to applying for your license will become public. regulatory agencies; anyone pursuant to court supply this information, the Board may not be If the Board does not issue you a license, all the order, other individuals and agencies that are able to determine your qualifications and, as a information you have provided in the process specifically authorized by state or federal law consequence, may refuse to issue you a license. of applying for a license remains private, with to have access to the information; individuals If you supply the information requested, the the exception of your name and address which and agencies for which law or legal order Board will be able to process your application. will remain public. authorizes a new use or sharing of information after this notice was given; and Private data about you are available only to the following: Board members, staff of the Feb. 26'x` 0 43kock Signers for The Eagan Lions Club Gambling Account Gerald E 11o 19360 Herald Way o tL ~'7- 4Z - Apple Valley, MN. 55124 Director R. Douglas Kane 1846 Nebraska Ave.q V L St. Paul, MN 55119 Gambling Manager Bill Lindblade 2904 Skyline Drive Eagan, MN. 55121 Vice President David Ashfeld 1813 Turquoise train Eangan, MN. 55122 Member Bob Treichel 3275 Random Road ~,2 rcid .a`c:~T Eagan, MN. 55121