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03/15/2005 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MARCH 15 2005 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA 'I A. APPROVE MINUTES b B. PERSONNEL ITEMS ~~" C. CHECK REGISTERS D. APPROVE Resolution acknowledging issuance of refunding bonds by the Dakota County Community Development Agency -Refunding Eagan General Obligation, Eagan Senior Housing Facility, Series 1997 Bonds ~~ E. RECEIVE Bids and Award Contract OS-O1 (Windcrest/Walden HeightsPThomas Lake Heights/St. Francis Woods Additions -Street Overlay) ~ 4 F. RECEIVE Bids and Award Contract OS-02 (RidgecliffeBerkshire/Cinnamon Ridge/Coachman Road -Street Overlay) ~~ G. APPROVE Final Subdivision -Awad Addition (Ali Awad) of 2.9 acres to create two lots on property located at 2150 James Street in the SE'/. of Section 31 ~1 g'H. APPROVE the submission of a grant application to the DNR for Thresher Fields and AUTHORIZE the Mayor and City Clerk to execute the appropriate documents ~gl. APPROVE promotion and fees for summer membership to the Eagan Community Center ~pJ. APPROVE Amendments to Antennae Lease Agreements for Verizon Wireless ~ ~ K. RECEIVE Final Assessment Roll and Schedule Public Hearing -Project 800R (Cedar Grove Access Modifications) ~~ L. ADOPT Findings of Fact and Conclusions for Denial -Birchwood Office Park -Planned Development Amendment Pp ~ M. APPROVE Consumption and Display (Set Up) Permit application for Parkview Golf Club N. APPROVE Consumption and Display (Set Up) Permit application for Grand India Restaurant 1 ~~. APPROVE Tree Contractor License -Tree Tech, Inc. APPROVE Temporary On-Sale Liquor License for the Eagan Foundation for a Wine Tasting Event on Apri121, 2005 ~ 6Q. APPROVE Temporary On-Sale Liquor License for Faithful Shepherd Catholic School for a Wine, Cheese and Chocolate Reception on May 6, 2005 /73~ R. SCHEDULE Bid Opening for Contract OS-06 and Present Plans and Specifications (I-35E Crossing/Pearlmont ('' Heights/Quarry Park -Trunk Water Main Improvements) V. PUBLIC HEARINGS ~3g A. VARIANCE -Richard Ringold, A Variance Request to the 50 Ft. code setback from Thomas Lake on Lot 4, Block 1, Thomas Lake Addition located at 1477 Lake Park Circle in the SW '/, of Section 28 VI. OLD BUSINESS t~~II. NEW BUSINESS VIII. CAPONI PROPERTY ACQUISITION P IX. NEW RUNWAY/AIRPORT UPDATE SU A. APPROVE correspondence to the Eagan Congressional Delegation to support correspondence from Congressman Sabo with regard to the MAC Part 150 submittal. X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE XI. ADMINISTRATIVE AGENDA ~J' ~. ECONOMIC DEVELOPMENT P The Council acting as the Board ojCommissioners ojthe Economic Deve%pment Authority ("EDA') may discuss and act on the agenda items jor the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA P b 3 C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS G ` 1.) APPROVE Resolution to Provide Relocation Assistance to Facilitate the Purchase of the Joos Electric Property, 3980 Cedar Grove Parkway, by US Home Corporation as Part of the Nicols Ridge Development in the Cedar Grove Redevelopment District F. OTHER BUSINESS G. ADJOURNMENT XIII. OTHER BUSINESS XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. CLOSED SESSION XV. ADJOURNMENT 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. City of Eau ~e~ To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: MARCH 11, 2005 Subject: AGENDA INFORMATION FOR MARCH 15, 2005 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the March 15, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo March 15, 2005 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 1, 2005 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the March 1, 2005 regular City Council meeting are enclosed on pages through ~. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 1, 2005 A Listening Session was held March 1, 2005 at 6:00 prior to the regular City Council meeting. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on March 1, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, .City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Assistant to the City Administrator Dianne Miller. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS The City Council recognized Dan Wolter, who recently appointed as the City of Eagan's Metropolitan Councilmember representative. Mr. Wolter addressed the City Council, noting his willingness to discuss any issues the Council may have and also noted that the Cedar Avenue Transitway will one of his top priorities. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the February 15, 2005 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Tara Showmaker as a 9-1-1 Dispatcher. 2. It was recommended to approve the hiring of Virgil Stewart as a full-time custodian at the Community Center. C. Check Re isg ters. It was recommended to ratify the check registers dated February 17, 2005 and February 24, 2005 as presented. D. Joint Powers Agreement Pulled for disucssion E. Contract 03-09 It was recommended to approve Change Order #10, Contract 03-09 (Water Treatment Plant) F. Project 778 It was recommended to receive a Feasibility Report for Project 778 (TH 149 Upgrade -Street Reconstruction) and schedule a public hearing to be held on April 5, 2005. G. Northeast Eagan Traffic Study It was recommended to approve am amendment of service contract for Hoisington Koegler Group for the expanded Northeast Eagan Traffic Study H. Resi nation It was recommended to accept the resignation of Greg Wilken from the Economic Development Commission. I. Resi ng ation It was recommended to accept the resignation of Clint Hooppaw from the Airport Relations Committee J. Special Citv Council Meeting It was recommended to schedule a Special City Council meeting for March 14, 2005 K. Final Plat It was recommended to approve a final plat to create one lot for Mount Calvary Church located at 3390 Rahn Road in the NW '/< of Section 20 Motion was made by Tilley, seconded by Fields to approve the Consent Agenda minus Consent Item D. Aye: 5 Nay: 0 The City Council discussed Consent Item D. (Joint Powers Agreement for the Dakota County Drug Task Force). Police Chief Therkelsen provided an overview of the drug task force model. Motion was made by Maguire, seconded by Tilley to approve the Joint Powers Agreement for the Dakota County Drug Task Force. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 1, 2005 Page 2 OLD BUSINESS VARIANCE - MITTLESTADT BROTHERS City Administrator Hedges discussed the background of this item, stating Findings of Fact for Denial had been directed by the City Council at the February 1, 2005 Council meeting for a Variance to exceed the maximum building lot coverage of 20% allowed in a single family zoning by 2.5% . The item was continued at the February 15, 2005 meeting to allow time for the applicant to modify the house plans. City Planner Ridley provided information regarding the revised plans. The City Council discussed with two representatives from Mittlestadt Brothers the variance request and the modifications that have been made to the lot coverage since the previous Council meeting. At the Council's request, the applicants noted their acceptance of the 1.2% variance Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance to exceed the maximum building lot coverage of 20% allowed in a single family zoning by l .2% on Lot 8, Block 1, Woodland Place located at NW '/< of Section 36. Aye: 5 Nay: 0 SITE PLAN MODIFICATION - EAGANDALE BUSINESS CENTER, LLC City Administrator Hedges introduced this item regarding a modification to the site plan for Lot 2, Block 1, Eagandale Office Park 5`~ Addition located at 1345 Corporate Center Curve. City Planner Ridley gave a staff report. The City Council discussed the request. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a modification to the site plan for Lot 2, Block 1, Eagandale Office Park 5`~ Addition located at 1345 Corporate Center Curve in the NW '/4 of Section 3. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT -STAR PIPE PRODUCTS City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow outside storage on Lot 5, Block 1, Eagandale Corporate Square located at 3160 Neil Armstrong Boulevard. City Planner Ridley gave a staff report. Eric Duholm, Real Estate Consultant to Star Pipe Products spoke on behalf of the applicant requesting the CUP. The City Council discussed the applicant's request. The Council noted that at the request of a neighboring property owner, the fencing on the properly be a wood fence as opposed to a chain link fence. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow outside storage on Lot 5, Block 1, Eagandale Corporate Square located at 3160 Neil Armstrong Boulevard in the NW '/, of Section 11 subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Approval of this CUP shall terminate the CUP for the storage silos that was approved in 1992 case file# 11-CU- 13-5-92. 3. Outdoor storage items are limited to large diameter cast iron pipe fittings and municipal castings such as manhole covers, meter boxes, and valve boxes, each to be stored on pallets and limited to 800 items. 4. Outdoor storage shall be strictly within the chain link fenced area on the east side of the building located in the parking lot as indicated on the Site Plan. 5. No outdoor storage shall take place until the chain link fence is installed. 6. The height of the outdoor storage shall not exceed the height of the fence enclosure. 7. The fencing to be erected on the property shall be a wood fence. ~f Eagan City Council Meeting Minutes March 1, 2005 Page 3 PLANNED DEVELOPMENT AMENDMENT - BIRCHWOOD OFFICE PARK City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to change the exterior of the building on Lots 4 and 5, Block 1, Birchwood Office Park located at 3356, 3352, 3348, 3344 Sherman Court. City Planner Ridley gave a staff report and noted the applicants requested change to the architectural design of the building. Tom Hendel, Construction Manager for Lyon Contracting addressed the Council on behalf of the applicant. The City Council discussed the applicant's request, and there was consensus that the Council did not agree with the proposed architectural changes; rather, the Council preferred the design to which was previously approved by the City Council Councilmember Maguire moved, Councilmember Fields seconded a motion to direct findings of fact for denial for a Planned Development Amendment to change the exterior of the building on Lots 4 and 5, Block 1, Birchwood Office Park located at 3356, 3352, 3348, 3344 Sherman Court. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a re-plat for Lots 4 and 5, Block 1, Birchwood Office Park located at 3356, 3352, 3348, 3344 Sherman Court subject to the following APC conditions: 2. Revised property owner association documents shall be submitted prior to release of the plat for recording. 7. Proof of ownership for Lot 1 shall be provided 8.The Plat shall be recorded with Dakota County. Aye: 5 Nay:O The Council recessed at 7:50 p.m. The Council reconvened at 8:05 p.m. CAPONI PROPERTY ACQUISITION Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the following agreements (8) providing for acquisition of the Caponi property and creation/operation of the Caponi Art Park subject to City Attorney and City Administrator satisfaction that all City Council conditions are satisfied: 1. Grant Agreement -DNR Natural and Scenic Area Grant 2. Grant Agreement -DNR Remediation Grant 3. Dakota County/City of Eagan Joint Powers Agreement 4. Conservation Easement -South 20 Acres 5. Conservation Easement -Northwest 10 Acres 6. Conservation Easement -Middle 20 Acres Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to continue the consideration of the Caponi Maintenance and Operating agreements to the March 8, 2005 City Council workshop. Aye: 5 Nay: 0 NEW RUNWAY /AIRPORT UPDATE City Administrator Hedges provided an update on the runway /airport issue. The Council voiced their support for inviting MAC staff to an upcoming workshop to provide an overview about the new runway. The Council also asked that Eagan's Legislators be invited to attend the presentation. ADMINISTRATIVE AGENDA The City Council directed staff to prepare correspondence for the Mayor's signature to Eagan's Congressional delegation to urge their support for Community Development Block Grant (CDBG) funding. s Eagan City Council Meeting Minutes March 1, 2005 Page 4 REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City's redevelopment districts. VISITORS TO BE HEARD Eagan resident Joe Kinard addressed the City Council asking the Council to consider acquiring baseline noise measurements in advance of the opening of the new runway. He also requested that an environmental study be completed in advance of the runway becoming operational. Assistant to the City Administrator Miller noted that the Airport Relations Commission would be considering the issue of baseline noise measurements at their March 8 meeting, following which a recommendation will be provide to the City Council. Councilmember moved, Councilmember seconded a motion to adjourn the regular City Council meeting at p.m. Aye: 5 Nay:0 Date Assistant to City Administrator If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 6 Agenda Information Memo March 15, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Code Enforcement Technician- ACTION TO BE CONSIDERED: To approve the hiring of Nicole Cook as a Code Enforcement Tech in the Community Development Department. Item 2. Part-time Seasonal Pre-school Instructors- ACTION TO BE CONSIDERED: To approve hiring of Amber Geske and Kathy Keller aspart-time seasonal pre-school instructors. Item 3. Part-time Fitness AttendantlCommunity Center-- ACTION TO BE CONSIDERED: To approve the hiring of Danny Glassic as a part-time fitness attendant at the Community Center. Item 4. Police Officers (EELS) Bargaining Agreement ACTION TO BE CONSIDERED: To approve the Collective Bargaining Agreement between the City of Eagan and the Law Enforcement Labor Services, Inc., Local No. 170 -Police Officers (EELS) for 2004 and 2005. Agenda Information Memo March 15, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 3, 2005 and March 10, 2005 as presented. ATTACHMENTS: • Check registers dated March 3, 2005 and March 10, 2005 are enclosed without page number. Agenda Information Memo March 15, 2005 Eagan City Council Meeting D. APPROVE RESOLUTION ACKNOWLEDGING ISSUANCE OF REFUNDING BONDS BY THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY-REFUNDING EAGAN GENERAL OBLIGATION, EAGAN SENIOR HOUSING FACILITY, SERIES 1997 BONDS ACTION TO BE CONSIDERED: To approve the resolution acknowledging issuance of refunding bonds by the Dakota County Community Development Agency-refunding Eagan General Obligation, Eagan Senior Housing Facility, Series 1997 bonds. FACTS: • In July of 1997 the City Council approved a resolution authorizing the issuance of Eagan General Obligation, Eagan Senior Housing Facility, Series 1997 bonds in an aggregate principal amount not to exceed $2,500,000 and pledged the full faith and credit of the City thereto. • At the same time the City entered into a cooperative agreement with the Dakota County HRA for the Senior housing project which became known as O'Leary Manor. • The proceeds of the bond issue were used as a part of the funding for the approximately $4.8 million project. • Although the debt service is paid by the CDA from their income stream, the use of the City's general obligation pledge resulted in lower interest costs for the project. • The bonds are now being refunded for savings and there will be no increase in principal or in the term of the bonds. ATTACHMENTS: Enclosed on pages ~ and ~ is a copy of the resolution acknowledging issuance of refunding bonds by the Dakota County Community Development Agency-refunding Eagan General Obligation, Eagan Senior Housing Facility, Series 1997 bonds. 9 CITY OF EAGAN, MINNESOTA RESOLUTION NO. ACKNOWLEDGING ISSUANCE BY THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY OF REFUNDING BONDS, TO WHICH THE CDA WILL PLEDGE THE FULL FAITH AND CREDIT OF THE CITY, TO REFUND BONDS PREVIOUSLY ISSUED PURSUANT TO SECTION 469.034, SUBD. 2 AND TO WHICH THE CITY'S FULL FAITH AND CREDIT IS CURRENTLY PLEDGED WHEREAS, pursuant to Minnesota Statutes, Section 469.017, the Dakota County Community Development Agency (the "CDA") is authorized to undertake housing development projects, including the acquisition and construction of multifamily rental housing facilities, to provide housing for low and moderate income persons and families; and WHEREAS, pursuant to Minnesota Statutes, Section 469.034 (the "Statute") and particularly subdivision 2 thereof, the CDA may pledge the full faith and credit of the City of Eagan (the "City") to bonds issued by the CDA to finance a qualified housing development project if (a) the CDA determines that revenues pledged to the payment of such bonds will equal or exceed 110% of the principal and interest when due, and (b) the City approves such pledge following a public hearing; and WHEREAS, a "qualified housing development project" includes a housing development project intended for occupancy by elderly persons, with certain limited exceptions described in Subdivision 1(e) of the Statute; and WHEREAS, the CDA has previously issued its Governmental Housing Development Bonds (Eagan General Obligation -Eagan Senior Housing Facility) Series 1997, in the aggregate principal amount of $2,500,000, of which $1,705,000 aggregate principal amount remains outstanding (the "Series 1997 Bonds"); and WHEREAS, the Series 1997 Bonds are secured by a pledge by the CDA of the full faith and credit of the City made in accordance with the provisions of the Act including, without limitation, the compliance with the requirements described above; and WHEREAS, the CDA proposes to issue its Housing Development Refunding Bonds (the "Refunding Bonds") to refund some or all of the Series 1997 Bonds in order to achieve a reduction in debt service; and WHEREAS, the Refunding Bonds will be issued in an aggregate principal amount not greater than the outstanding principal amount of the Series 1997 Bonds and will mature not later than the Series 1997 Bonds are currently scheduled to mature; WHEREAS, in accordance with the Statute, the CDA will pledge the full faith and credit and general obligation of the City to the Refunding Bonds. 2590339v1 /~ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA: 1. The City hereby acknowledges and approves the issuance by the CDA of the Refunding Bonds and the pledge by the CDA of the full faith and credit of the City thereto. 2. The members of the City Council and the officers and staff of the City are authorized and directed to execute and deliver such documents and certificates, including without limitation, a continuing disclosure agreement, as are necessary or convenient to provide for the issuance of the Refunding Bonds. Adopted this _ day of , 2005. Attest: 2590339v] 2 ~~ Agenda Memo March 15, 2005 E. CONTRACT OS-Ol, WINDCREST/ WALDEN HEIGHTS/ THOMAS LAKE HEIGHTS/ ST. FRANCIS WOODS ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract OS-O1 (Windcrest/ Walden Heights/ Thomas Lake Heights/ St. Francis Woods Additions - Street Improvements), to Northwest Asphalt, Inc., for the base bid in the amount of $767,144, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The bituminous overlay of the streets in the Windcrest/ Walden Heights/ Thomas Lake Heights/ St. Francis Woods Additions Additions neighborhoods is programmed for 2005 in the City's 5-Year Capital Improvement Program (2005-2009). • On November 16, 2004, the City Council authorized the street and July 2000 storm mitigation improvements for the Walden Heights/ Twin View Manor/ Hillcrest neighborhood (Project 913) and the street improvements for St. Francis Woods ls`_3Ta / 5`h Additions (Project 916). • On December 6, 2004, the City Council authorized the street improvements for Windcrest/ Birch Park/ Deerwood Drive/ Denmark Avenue (Project 912) and Thomas Lake Heights/ Trails of Thomas Lake Additions (Project 914). • These projects have been combined under one contract (Contract OS-O1), to increase economies of scale. • And on February 2, 2005, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract OS-O1. • At 10:30 a.m. on March 3, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from Northwest Asphalt, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page. ~a BID SUMMARY • Windcrest/ Walden Heights/ Thomas Lake/ St. Francis Woods Street Overlay Improvements • Walden Heights/ Twin View Manor/ Hillcrest July 2000 Storm Mitigation Improvements City Project No's. 912/ 913/ 914/ 916 -City Contract No. OS-O1 Bid Date: Thursday, March 3, 2005 Bid Time: 10:30 a.m. Contractors Total Base Bid 1.) Northwest Asphalt, Inc. $ 767,144 2.) McNamara Contracting, Inc $ 793,704 3.) Ace Blacktop, Inc. $ 803,693 4.) Bituminous Roadways, Inc $ 818,950 5.) Valley Paving, Inc $ 896,305 6.) Hardrives, Inc $ 933,279 7.) C.S. McCrossan, Inc. $ 1,050,192 Project 912 - Windcrest/ Deerwood/ Denmark- Base Bid Low Base Bid $246,622 Feasibility Report Estimate $284,090 Percent Under (-) Estimate - 13.2% Engineer's Estimate $287,780 Percent Under (-) Estimate - 14.3% Project 913 -Walden/ Twinview/ Hillcrest -Base Bid Low Base Bid $304,080 Feasibility Report Estimate $344,310 Percent Under (-) Estimate - 11.7% Engineer's Estimate $334,450 Percent Under (-) Estimate - 9.1 Project 914 -Thomas Lake Hei ghts -Base Bid Low Base Bid $ 124,838 Feasibility Report Estimate $150,910 Percent Under (-) Estimate - 17.3% Engineer's Estimate $143,240 Percent Under (-) Estimate - 12.8% Proiect 916 - St. Thomas Woods -Base Bid Low Base Bid $91,605 Feasibility Report Estimate $116,840 Percent Under (-) Estimate - 21.6% Engineer's Estimate $107,670 Percent Under (-) Estimate - 14.9% Agenda Memo March 15, 2005 F. CONTRACT OS-02, RIDGECLIFFE/ BERKSHIRE/ CINNAMON RIDGE/ COACHMAN ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract OS-02 (Ridgecliffe/ Berkshire Ponds/ Cinnamon Ridge Additions/ Coachman Road -Street Improvements), to McNamara Contracting, Inc., for the base bid only in the amount of $812,786, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The bituminous overlay of the streets in the Ridgecliffe/ Berkshire Ponds/ Cinnamon Ridge Additions neighborhoods is programmed for 2005 in the City's 5-Year Capital Improvement Program (2005-2009). • On December 13, 2004, the City Council authorized the street improvements for the Ridgecliffe Additions neighborhood (Project 915) and the street improvements for Cinnamon Ridge Additions (Project 878). • On January 18, 2005, the City Council authorized the street and trail improvements for Coachman Road (Project 917). • On February 1, 2005, the City Council authorized the street and trail improvements for Berkshire Ponds/ Safari 2"d Additions (Project 911). • These projects have been combined under one contract (Contract OS-02), to increase economies of scale. • And on February 2, 2005, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract OS-02. • At 10:30 a.m. on March 10, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from McNamara Contracting, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSITES: • An alternate bid provides for a structural overlay at the City Maintenance Facility parking lot and the final wear course on 815` Street and the North Water Treatment Plant parking lot. The overlay of the Maintenance Facility parking lot was approved under the 2005 operating budget. The placement of wear course on 815` Street and the treatment plant parking lot under this alternate bid would require a deduct of this work from Contract 03-09 (North Water Treatment Plant expansion). These projects were combined for potential economies of scale under this contract. The alternate bid from McNamara Contracting, Inc. for $98,525 has been reviewed by the Engineering Division. Staff recommends that the alternate bid not be awarded at this time and alternative means of contracting for this work be investigated further. ATTACHMENTS: • Bid Summary, page~~ /~{ BID SUMMARY • Cinnamon Ridge/ Berkshire Ponds/ Ridgecliffe/ Coachman Road Street Overlay Improvements • City Maintenance Facility / 818f Street Parking Lot & Street Overlay Improvements -Alternate Bid City Project No's. 878/ 911/ 915/ 917 -City Contract No. OS-02 Bid Date: Thursday, March 10, 2005 Bid Time: 10:30 a.m. 1.) Contractors McNamara Contracting, Inc Total Base Bid $ 812,786 Alternate Bid $ 98,525 2.) Ace Blacktop, Inc. $ 819,052 $ 97,935 3.) Bituminous Roadways, Inc. $ 833,704 $ 86,035 4.) Valley Paving, Inc $ 860,317 $ 108,950 5.) Northwest Asphalt, Inc. $ 861,896 $ 94,120 6.) Frattalone Paving, Inc $ 933,355 $ 101,790 7.) C.S. McCrossan, Inc. $ 1,150,106 $ 97,300 Proiect 878 -Cinnamon Ridge -Base Bid Low Base Bid $143,312 Feasibility Report Estimate $192,380 Percent Under (-) Estimate - 25.5% Engineer's Estimate $165,135 Percent Under (-) Estimate - 13.2% Proiect 911- Berkshire Ponds/ Safari 2"d Additions -Base Bid Low Base Bid $ 76,129 Feasibility Report Estimate $ 95,720 Percent Under (-1 Estimate - 20.5% Engineer's Estimate $ 85,280 Percent Under (-) Estimate - 10.7% Proiect 915 - Ridgecliffe/ Galaxie/ Covington -Base Bid Low Base Bid $ 551,070 Feasibility Report Estimate $777,730 Percent Under (-) Estimate - 29.2% Engineer's Estimate $636,740 Percent Under (-) Estimate - 13.5% Proiect 917 -Coachman Road Base Bid Low Base•Bid $91,605 Feasibility Report Estimate $38,970 Percent Under (-) Estimate - 23.4% Ern ineer's Estimate $36,690 Percent Under (-) Estimate - 18.6% Alt. Bid 1-Maintenance Facility Bid Amount $ 98,525 Engineer's Est. $103,515 Percent Under (-) Est. -4.8% /~ Agenda Information Memo March 15, 2005 Eagan City Council Meeting G. FINAL SUBDVISION (AWAD ADDITION) - ALI AWAD. ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Awad Addition) of 2.9 acres to create 2 single family lots for property located at 2150 James Street, in the SW 1/4 of Section 31. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - On December 13, 2004 the City Council approved the Preliminary Subdivision (Awad Addition) of 2.9 acres to create 2 single family lots. - All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Subdivision on page / /6 .._.._.. --' i ~. r, ~.. I j s... r. t. rx a m ~' '~~ ~ .._..~.._ ~~~ I % errs. teu.tr f/wnw.f / 7 L: ,3 ' i 1' C; ~ el tlr ME t~4 .f 1h. 9W . ' noa`fati7•w sx.a / eao-tro7ti I ': glee /' ..`..` .:.! ~ _= 3 ~ _ _ xezfo •/'--f w• 1 O j ~ `•-. ,p7~ Lwemaet ~w.`i i ~;i ~~~t•, ~ '~•. ~o Z •'utwnr Y? yL~~B~ ~ ~~f ~ p j ~ o„+ .6•^wri{ics,fsf5e"'~'r-•x34ms1' ~~ i r=~ <+i `! 1Fpp Y ~ ~ sz%' 9 .. o.a..a• ~....-'~e ~~Gi'~ ~ M."~' i 1 ~ i iy` i~n'~ .\ p~2 w Lei ~ T.-~s._e.T l~C~. i ~ ~h 1~'~$q o, ~ I ~N k i ~~• ~ 1~ ~ I r 4 foe.~a ~ .. ~s _ _ 1 - `~ r ,. w' f+oe•arsrea~ae~ __ ~ ~ ~d , •.1 .sue .. ~, ~ M~o•as'uE ies. l .J .ate 4 i '•. ee Y ~ J t~ ~ .. ..• --°...-- ~~~ ~ -~~ f:s Y _ - Parcel 2 ~y ::: %•• ~ .....i`i:...,.'„ ..,_i'A,F??i•ici~T i!: TRAN;iF'iiitTP.TEi,PI :;!iitiT ::P11Vi{f.'i f%~,.s? rlil. .,,-ie '• eao•ntisc ' ..._...._...._..._..._...1...._..._..._...J '••-c W.. a rc t!a er sw tp a fs.. m, r. 7r, e. 7a ~, :s r..._...T..._...~ S 4. }ip~ 1 ~~ 94n~ tp ~ $°p a Y! ~ z n • LFEd 8f }q~q ai Igo e c 0 0 ~~t Il.. fo ~~ ~~a~ ~~ ~~L ~N;~ a' au~~eoa ; ~ O N 3€ to ~~ ~ ~, ~ .l_ ~ w~ aa ~ _....~ x.10 i~} ~ R P ~~ 1 ~ 4~~$ '~ ~~>;~ z~ ~ ~^ ~ e ~ 9 7ec~ ! ~$ L.......... .....J ~Z ~---__ e r o ~F ~ a 7 7~ ~ £ ~ ~ ~ i Y~ ~.~ co ~i g~~~~ ~ ~ R ~t 3p ~~8 ~~ 3§ r C S ~' n P e ~L $ ~ gg i ~ 3 y ~ ~3 ~ q~ ~ ~ ¢ s ~ ( g ~ ~~~ ~ ~ ~~ ~~ ~~~ a a r = ~ ~ ~ ~ ~ ~ ~a I~ ~ ~ ~.~ ~ er ~ 9~ g ~ ~ a~ 't ~~ ~~ ~ ~i? e # ~ ~~ s l ~ ~6a ~ .~ g~ ~ > ~ p~ ~ _ ~ ~~~ t ~ ~ g f .~ f ~ ~~ ~ a ~ ~ G $ t 4 ~ ~~' L ~g s s ~ Y R;~ ~ t >t~ ~s B s Q ~ ~ ~~ ,~ c !E F~ O ~ ~ ~ e~e ~. ~ ar F ~e 'rf ~ w€L ~ ~ ~y { ~ ~ rn i Agenda Memo June 15, 2004 Eagan City Council Meeting Consent Agenda H. APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE DNR FOR THRESHER FIELDS AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENTS ACTION TO BE CONSIDERED: Approve submission of a DNR grant application to enhance Thresher Fields, and authorize the Mayor's signature to sign the Local Government Resolution and the Letter of Commitment required as part of the application. FACTS: • The shelter/ trail head complex proposed in the grant application would consist of a sun shelter, a picnic area, a small play structure, and connect the other portion of the project, a soft trail between the athletic fields and Yankee Doodle Road. • The required public hearing for the grant application is scheduled for March 14, 2005, to be conducted by the Advisory Parks Commission at their regular meeting. Meeting notice was published in the City's newspaper of record. • The grant application is due March 31, 2005, and awards are anticipated during the summer of 2005. • The grant requires a 50% local match. The grant application requests $215,500 from the DNR. The remainder of the project cost, $215,500 would be derived from the Park Site Fund. • Previous discussions with DNR staff indicate that ashelter/ trail head building is in the spirit of the Outdoor Recreation grant, and is an entirely appropriate type of project to apply for. • Should the grant request prove successful, the shelter/ trail head area could be operational by summer of 2006. ATTACHMENTS: • None /8 Agenda Information Memo Mazch 15, 2005 Eagan City Council Meeting I. APPROVE PROMOTION AND FEES FOR SUMMER MEMBERSHIP TO THE EAGAN COMMUNITY CENTER The information received on this item is incomplete; therefore, the item has been pulled from the Consent Agenda. /9 Agenda Memo March 15, 2005 J. APPROVE AMMENDMENTS TO TELECOMMUNICATIONS LEASE AGREEMENTS ACTION TO BE CONSIDERED: Approve the Amendments to telecommunication lease agreements with Verizon Wireless, Inc., for the Safari, Southern Lakes, Diffley, Deerwood, and Yankee Doodle Reservoirs and authorize the Mayor and City Clerk to execute all related documents, subject to final payment of all processing fees. FACTS: • The City has received applications/construction drawings from Verizon Wireless for modifications to their wireless communications system antennae on the Safari, Southern Lakes, Diffley, Deerwood, and Yankee Doodle Reservoirs. In addition, they are proposing to add 4 new antenna panels to the Deerwood site and 3 new antenna panels to the Diffley site resulting in additional revenue of $10,813/year. • These proposed modifications and additions have been reviewed by the City's RF radio communication consultant, Public Works Department personnel, and the City's construction plan review consultants. • Amendments to current leases have been negotiated/reviewed by the City Attorney's office and are found to be consistent with other lease agreements and in order for favorable Council consideration. ao Agenda Memo March 15, 2005 K. PROJECT 800R, FINAL ASSESSMENT ROLE (CEDAR GROVE ACCESS MODIFICATIONS) ACTION TO BE CONSIDERED: Receive the Final Assessment Role for Project 800R (Cedar Grove Access Modifications) and schedule a Public Hearing for April 19, 2005. FACT5: • Project 800R, provided for the reconstruction, modification and streetscaping of the Cedar Grove Parkway/Silver Bell Rd./Cedarvale Blvd./TH 13 intersections under Contract 01-05. This work has been completed, all costs tabulated, and the Final Assessment Role prepared. This role is being presented to the Council for their consideration of scheduling a Final Assessment Public Hearing on April 19, to formally present these final costs to all affected property owners for final adoption and certification to the property taxes. • In keeping with the Council's desire to minimize the impact of these special assessments against the benefited properties (many of which are part of the Cedar Grove Redevelopment Plan), the city will offer every property owner an opportunity to have these assessments deferred by agreement, if they so choose. A letter to that effect will be sent out with every notice of the Final Assessment Public Hearing. 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BB ~ KKK / F - GG EE o III j~~' , .U RRR IIII • LL NN: ~ TT M ~ ~ G I; FFFF ~ ~~ ~ ~~~~~ <y~ GG SSS ~ , ~/ ~ I ------ ~ BBBB j l.- -- ~, / DDD AAAA ~ EEEE i~~ ~_. T CITY OF EAGAN FIGURE C.P. NO. 800R CEDAR GROVE REDEVELOPMENT AREA 10 consutaag croap, Ine. ~ ~6,~~3,,,,~~RFp ASSESSMENT AREA REV.2-ZJ-02 , Agenda Information Memo March 15, 2005, Eagan City Council Meeting L. FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS OF DENIAL - PLANNED DEVELOPMENT AMENDMENT (BIRCHWOOD OFFICE PARK) ACTIONS TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial of a request for a Planned Development Amendment to change the building materials and alter the architectural features of the office condos at Birchwood Office Park located west of I-35E North of Yankee Doodle Road and East of Marice Dr, in the SW '/a of Section 10. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: - At its regular meeting on March 1, 2005, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Planned Development Amendment to be considered at the March 15, 2005, Council meeting. 60 DAY AGENCY ACTION DEADLINE: March 29, 2005 ATTACHMENTS (1): Findings of Fact on page ~through~ ~~ BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Metropolitan Office FINDINGS OF FACT, Condos, L.L.C. for a Planned Development CONCLUSIONS AND Amendment to change exterior building RESOLUTION elevations This matter came before the Eagan City Council at its meeting of March 1, 2005. The Council received and considered the February 7, 2005, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on February 22, 2005; evidence from the neighboring residents, together with all existing files, records and prior proceedings and material as presented to the Council. Korey Bannerman appeared on behalf of Metropolitan Office Condos, L.L.C. at the public hearing held by the Advisory Planning Commission or at the meeting of the City Council on March 1, 2005. Based upon all the files, records and input which were presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT The application by Korey Bannerman of Metropolitan Office Condos, L.L.C. (the "Applicant") for the Planned Development Amendment to Birchwood Office Park (the "Project") is properly brought before the Eagan City Council. 2. In December 2004, the subject Project was granted final approval for four office condo buildings on one parent lot and a dental office on the lot to the south. 3. The Applicant is requesting to modify the exterior building materials and alter the appearance of the office condos. ~29 4. The Amendment no longer includes the common area that was approved with the Final Planned Development, resulting in a slight expansion of lots 4 and 5. 5. The total building square footage remains the same. 6. After the Advisory Planning Commission (the "APC") meeting of February 22, 2005, Applicant provided city staff with an alternate plan that includes modifying the exterior building materials by removing the stone veneer around the bottom of the buildings and replacing it with EIFS Wainscott (the "Alternate Plan"). 7. The Alternate Plan was not heard by the APC, nor did the APC make any recommendations concerning it. 8. Wainscott is proposed for the sides and rear of all buildings. 9. Standard building code provisions require all sides of a building to be treated as a front. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. The proposed architectural modifications and removing the cultured stone veneer along the bottom of the rear elevations and replacing it with an EIFS Wainscot are both inconsistent with the approved Planned Development. 3. The Applicants produced no evidence to persuade the City Council that the existing Planned Development Agreement is erroneous or mistaken or that circumstances have changed enough to justify an amendment. 4. The Property maintains a viable use without the Planned Development Amendment. ~D RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for a Planned Development Amendment, is hereby denied. Dated at Eagan, Minnesota this day of , 2005. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk 3/ Agenda Memo March 15, 2005 CONSENT AGENDA: M. APPROVE RENEWAL OF CONSUMPTION AND DISPLAY (SET UP) PERMIT APPLICATION FOR PARKVIEW GOLF CLUB ACTION TO BE CONSIDERED: To approve the renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road. FACTS: • The State Alcohol and Gambling Enforcement Division issues Consumption and Display permits effective April 1 through March 31. The Parkview Golf Club is seeking a renewal of their permit at this time. • Staff has reviewed the application and does not fmd any reason to deny the permit request. 3~ Agenda Memo March 15, 2005 CONSENT AGENDA: N. APPROVE RENEWAL OF CONSUMPTION AND DISPLAY (SET UP) PERMIT APPLICATION FOR GRAND INDIA RESTAURANT ACTION TO BE CONSIDERED: To approve the renewal of a Consumption and Display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre Drive. FACTS: • The State Alcohol and Gambling Enforcement Division issues Consumption and Display permits effective April 1 through March 31. The Grand India Restaurant is seeking a renewal of their permit at this time. • Staff has reviewed the application and does not find any reason to deny the permit request. 33 Agenda Memo March 15, 2005 CONSENT AGENDA: O. APPROVE TREE CONTRACTOR LICENSE -TREE TECH, INC. ACTION TO BE CONSIDERED: To approve the tree contractor license for Tree Tech, Inc., 13849 Euclid Court, Apple Valley. FACTS: • All requirements of the application have been met and fees paid. • Staff has reviewed the application and deems the license in order for approval. ~~ Agenda Memo March 15, 2005 CONSENT AGENDA: P. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR THE EAGAN FOUNDATION FORA WINE TASTING EVENT ON APRIL 21, 2005 ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Eagan Foundation FACTS: • The Eagan Foundation has requested a temporary on-sale liquor license be issued to them for a wine tasting event planned for Apri121, 2005 at the Eagan Community Center. The charitable event is being held to raise funds for the various projects of the Eagan Foundation. • The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwazded to the Department of Public Safety/Liquor Control Division for their approval. ~S Agenda Memo March 15, 2005 CONSENT AGENDA: Q. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL FOR A WINE, CHEESE AND CHOCOLATE RECEPTION ON MAY 6, 2005 ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. FACTS: Faithful Shepherd Catholic School has requested a temporary on-sale liquor license for a reception to be held at their school on May 6, 2005. This event is strictly a recognition and appreciation event to honor the donors who have given contributions to help build the school. Alcohol will be served but not sold. Therefore, the school is requesting the $150.00 license fee be waived. The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. 36 Agenda Memo March 15, 2005 R. CONTRACT OS-06, I -35E CROSSING/ PEARLMONT HEIGHTS/ QUARRY PARK -TRUNK WATER MAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract OS-06 (I - 35E Crossing/ Pearlmont Heights/ Quarry Park -Trunk Water Main Improvements), and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 14, 2005. FACTS: • With the pending completion of the North Water Treatment Plant, this contract will provide for the needed extension of 30-inch diameter trunk water main across I-35E at Federal Drive and Duckwood Drive, and across the proposed Pearlmont Heights development (Violet Lane to Lakeview Trail), and the extension of a 16-inch diameter raw water line across a portion of Quarry Park, as scheduled for 2005 in the City's 5- Year Capital Improvement Program (2005-2009). • On January 18, 2005, the City Council received a petition from the property owner and developer of the proposed Pearlmont Heights requesting the public improvement project for the trunk water main across the Pearlmont Heights property. The Council received the petition and authorized preparation of detailed plans and specifications for Project 908 and Contract OS-06 for 2005 construction. • The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. 3~ Agenda Information Memo March 15, 2005, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE -RICHARD RINGOLD ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a four foot Variance to the 50 foot building setback from the Ordinary High Water Level (OHWL) of Thomas Lake for property located at 1477 Lake Park Circle in the SE '/4 of Section 28; subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The applicant is proposing to modify an existing porch that encroaches four feet into the OHWL, the proposed modifications will not increase the existing encroachment. - The modifications include removing an existing cement wall and replacing with pillar like support structures and removing a stairway and replace with a deck. Part of the encroachment is lessened with the removal of the stairway. - The changes are intended to improve safety and aesthetics. - A variance is necessary to modify this non-conforming situation. 60 DAY AGENCY ACTION DEADLINE: Apri123; 2005 ATTACHMENTS (1): Staff Report on pages through 38" PLANNING REPORT CITY OF EAGAN REPORT DATE: March 8, 2005 APPLICANT: Richard Ringold PROPERTY OWNER: Same REQUEST: Variance to rear setback LOCATION: 1477 Lake Park Circle CASE: 28-VA-04-02-OS HEARING DATE: March 15, 2005 APPLICATION DATE: February 22, 2005 PREPARED BY: Sheila Cartney COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a four foot Variance to the required 50 foot building setback from the Ordinary High Water Level from Thomas Lake for property located at 1477 Lake Park Circle in the SE'/o of Section 28. There is an existing four season porch encroaching into the setback, the applicant wishes to modify the porch therefore the variance is necessary AUTHORITY FOR REVIEW City Code Chapter 1 1, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. 39 Planning Report - Ringold Variance March 15, 2005 Page 2 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.65 Subdivision 8B requires a 50 foot building setback from Ordinary High Water Level (OHWL) of General Development waters. BACKGROUND/HISTORY The subject site is part of the Thomas Lake Subdivision platted in 1979. The subject house was built in 1984. A four season porch currently encroaches into the 50 foot building setback from the OHWL. EXISTING CONDITIONS The four season porch has a cement support structure beneath it. There are stairs that come down the side leading to the backyard. The cement support structure also juts out into a partial wall. EVALUATION OF REQUEST The applicant is proposing to remove the existing four season porch and cement support system and replace with a new four season porch and deck, which would maintain the existing encroachment of the existing structures. The cement structure will be replaced with Pillar like supports and the deck will be located where the stairs are now; the deck and porch will no longer have stairs. The existing and proposed porch encroaches four feet into the OHWL 50 foot setback. The improvements will not increase this encroachment and actually will lessen the encroachment on one side because of the removal of the stairway. A variance is necessary to modify this non- conforming situation. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative indicates that the current porch has "poor aesthetics, asub-standard stairway and is deteriorating in condition." The removal of the concrete wall and stairway is to improve safety and improve aesthetics (see photos). The porch will be widened one foot, however; the foundation encroachment remains the same. The stairs will be replaced with a deck ~d Planning Report - Ringold Variance March 15, 2005 Page 3 off the porch without any stairway. The encroachment will be the same but without the stairway encroachment. As part of the improvements the porch will be insulated and integrated into the house. SUMMARY/CONCLUSION The applicant is requesting a four foot variance to the required 50 foot building setback from the O H W L of Thomas Lake. They are proposing to update the current four-season porch by removing an existing stairway and cement wall support by replacing the stairway with a deck and the cement wall with pillar like structures. The porch will also be widened one foot but the existing encroachment will not increase. The porch currently encroaches four feet into the OHWL setback. A variance is necessary to modify this non-conforming situation. The proposed changes will not encroach more than the existing structures already do. The changes are intended to improve safety and aesthetics. ACTION TO BE CONSIDERED To approve a four foot Variance to the Ordinary High Water Level setback (50 feet) from Thomas Lake for four season porch modifications for property located at 1477 Lake Park Circle in the SE'/4 of Section 28. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The improvements of the porch shall not encroach more than four feet on the Ordinary High Water Level of Thomas Lake (as indicated on the Site Plan). ~f/ Location Map Y ~ m ohm E mmm~ ~~ a. _ ~ ® ~ ~~~ ~~ ~ ~ ~~ ~' aF _ ,. `; ~'' __ - t -... ~' ~ ~ ~ ~® Subj ~® d~ Site Eagan Boundary Street Centerline Parcel Area Cj Building Footprint a ~fT~ r i, 1~ I t ~ //C e ~ 1000 0 10D0 2000 Feel Developer/Applicant: Richard Ringold Application: Variance / i~ Case No.: 28-VA-04-02-05 (.•~ }~N Map Prepared using ER5I lvcView 3.1. Parcel base map data provided N - a: by Dakota County Office of GIS and is current ac of January 2005. city of cac~an THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ Is The City of Eagan and Dakota County do not guarantee the accuracy of thls Information and are 5 CommuNty DevNopment DepsRnent not responsible for errors or omissions. s L.1 50 FT. 5G. F1. 152.0 St~.F~T. i.8 SG FT. "P3tvT '-'UB.d 5~~. ~ T i56A.A ~u FT 5. 13'J `:G f T . NTOI~I LOT 4 ~~ fY^ ^~` Y4, ~b*r ~'s,~~`~J ~..~ -~ _ _r e„ ~\~~~ `~` ~. ,fit s/~~~; ~~,, `:~ ~, `1 '`> %~ ~ i I; `' f' J. I' /! ) f l Jf ;;~c~ Tora, ac~_~ao:tac rc ~ ~E. A ::G1N'cY MINNFSUTA. 1.1.1 120.00 589'36'33"E /- ~~- r fem.. ~ ,..--. \`\, ~s ~ar l ~° U"r,ttr F~ ~ l' m ~~ ~~ ~ ;a V' ,.-~ ''' t S "1% ,LOT 4 ~. '`,', /..~' '. ~ t`i i i F~ r `~ I ~ t `?`~ x't ~l~ ~:~ ~a r' ~ s, ~ ` ~r ~~r , '+ r~ .~Y t ~ ti. 3y <4 `y ~r Q In h_ z ~ cv :~ v ~j BLOCK 1 `'"~~ ~ r v K ~~ f +I 1~ IA ~ ~. ~ ~ i -~~ 120.00 S89'33'36"E ~~ • 11.1 ~~ e~ ~ I Q .,, ~~ ~t ~ P ~~~f ~ ~ c~ ~~ ~ T~~~ m ! ~t / ~ %f SCALE: ! INCH ~ 30 FEET • - IROP P i T'F MUtdUM~t~? LAKE PARK CIRCLE ~. M. INY. atN. `~dl:H /~ ~` Ir. \\ t Variance Application Narrative Residence Address: 1477 Lake Park Circle Owners: Richazd and Jeri Ringold Background: The house is currently as built in 1484, and is situated on a lot of approximately 1.2 acres on the South shore of Thomas Lake. We purchased the home with the intention of renovating it, and would like to bring it more into alignment with the newer homes in the area. The Northeast corner of the existing porch is currently clipped by the 50' setback line from the lake, which is oriented at a slight angle relative to the structure. The existing stairway/deck and concrete support-wall also currently encroach on the 50' setback. We have contracted for a surveyor to prepare site drawings which show the current as-built structure and the setback line, and have included these drawings with our application. Unfortunately, the current porch structure has poor aesthetics, asub-standard stairway, and is deteriorating in condition. Our overall intent is to greatly improve the structure - not only by improving its aesthetics and functionality, but also by addressing the safety issues and deteriorating condition of the existing structure. The proposed project involves the following: 1) removing a 39' long concrete wall (currently encroaching on the 50' lake setback), and 2) removing the sub-standard stairway and deck (also currently encroaching on the 50' lake setback) and replace with a small deck. 3) replacing the current porch with a properly insulated porch and aesthetically architectural-style support structures. For us to justify the expense and hassle of the demolition of the offending structures and undertaking these substantial improvements, we desire to convert the existing interior space of the porch into an integral part of our everyday living space. In order for it to seamlessly integrate with the rest of our main floor living space, the porch would be increased in width by approximately 1'/Z feet on the Northeast corner. Although we will remove much of the currently encroaching structures, by widening the porch an extra 1'/z feet we understand that we are required to submit this request for granting a variance per the setback requirement. We consider this project as a win-win for us as well as the neighborhood and the City of Eagan, with all reaping the benefits of improved safety, aesthetics, and property value -while diminishing the amount of encroaching structure. Respectfully submitted, Richard and Jeri Ringold ~ 4~ 1477 lake Park Crrcie (22 Feb 2405) View of Structuee Facing South -, ~ ,~_~, 7.r 1~ a 4~ ~~d.~- A ~ L, .k ~$ ~ ~/ii (''^ ~v. ~~ a i .... Caw ,.`' y~; ~~ Stair and Support Wall E3etaif --__ _ __ y6 ~~ ~3 i v .~.., `~_ {~_ ~+J `v, ~. a 1..• .~ ., .,. _..~ '• '. ~~ Agenda Information Memo March 15, 2005 Eagan City Council Meeting VIII. CAPONI PROPERTY ACQUISTION ACTIONS TO BE CONSIDERED: There is no formal action to be considered. This item is for informational purposes only. FACTS: - The City Council at their March 1, 2005 and March 8, 2005 City Council meetings approved eight (8) agreements related to the acquisition and preservation of the Caponi Art Park. - Eagan staff and the City Attorney continue to finalize the agreements in advance of the March 15 closing. - The Dakota County Board is scheduled to consider the Caponi agreements on the morning of March 15. - Staff and the City Attorney will provide a further update at the March 15 Council meeting. 4~ 9 Agenda Information Memo March 15, 2005 Eagan City Council Meeting IX. NEW RUNWAY/AIRPORT UPDATE ACTIONS TO BE CONSIDERED: To approve correspondence to the Eagan Congressional Delegation to support correspondence from Congressman Sabo with regard to the MAC Part 150 submittal. FACTS: - The City of Minneapolis and the National Organization to Insure aSound-controlled Environment (NOISE) have contacted the City of Eagan to ask that the City seek the support of Eagan's Congressional delegation for two letters prepared by Congressman Sabo with regarding to the MAC Part 150 Program submittal. . - Congressmen Sabo is urging his fellow Congressmen to sign on to letters to Mr. Marion Blakey, FAA Administrator, and Mr. Norman Mineta, Secretary of Transportation. - The letters emphasize the MAC commitment to fully insulate homes within the 60-64 DNL contours; a commitment that was recognized in the final record of decision for the new runway. - Senator Dayton has already communicated to the City of Minneapolis that he supports the correspondence and will add his signature to the letters. - UPDATE: The Noise Oversight Committee (NOC) community representatives have completed their four community open houses to address the Part 150 recommendation of the MAC and the proposed 2020 Plan. In total, approximately 200 people attended the open houses, and over 2,000 postcards were distributed for residents and their neighbors to contact their State Legislators and Congressmen regarding the Part 150 Program and 2020 Plan. - UPDATE: The next Eagan New Runway/Airport Open House will be held on Thursday, Apri121 at 6:30 p.m. at Thomas Lake Elementary School. Approximately 2,650 residents will receive invitations to attend the open house. ATTACHMENTS: - Enclosed on pages S~ through~3 is the proposed correspondence to Eagan's Congressional Delegation, which includes the two letters prepared by Congressman Sabo that the Congressmen are asked to upport. - Enclosed on pages ~through~~ is a white paper issued by the City of Minneapolis with regards to their position on the MAC's Part 150 Program recommendation. ~o City of Evan Pat Geagan MAYOR March 16, 2005 Peggy Carlson Senator Norm Coleman 320 Hart Senate Office Building Cyndee Fields Washington, D.C. 20510 Mike Maguire Meg Tilley Dear Senator Coleman: COUNCIL MEMBERS As you are aware, the City of Eagan and all of the communities surrounding the Thomas Hedges Minneapolis-St. Paul International Airport (MSP) are urging you and your fellow CITY ADMINISTRATOR Congressmen to contact the FAA to oppose the current noise mitigation program recommendation included in the MAC Part 150 Program submittal. To demonstrate your support for the City of Eagan, we ask that you include your signature on the two enclosed letters to Marion Blakey, FAA Administrator, and Norman Mineta, Secretary of Transportation. Congressmen Sabo is coordinating the correspondence. If you would like to include your signature on his letter, please contact MUNICIPAL CENTER his office by Monday, March 21, at which time the letters will be sent. 3830 Pilot Knob Road Eagan, MN 55122-1810 On behalf of the Ciry, I thank you in advance for your support of the 492 homes in Eagan 651.675.5000 phone that are severely impacted by aircraft noise. Of the nearly 500 homes that are eligible for 651.675.5012 fax noise mitigation, 80% of those homes will receive no noise relief under the current MAC 651.454.8535 TDD recommendation. The MAC has forwarded their scaled back noise mitigation program to the FAA for consideration despite the fact that in 1996 the MAC committed to a comprehensive mitigation package for all homes in the 60-64 DNL noise contours in exchange for keeping MSP at its current location. MAINTENANCE FACILITY 3501 Coachman Point ~ please ensure that the MAC adheres to its commitments to the residents of Eagan by Eagan, MN 55122 I adding your signature to the enclose correspondence. 651.675.5300 phone 651.675.5360 fax ~ Sincerely, 651.454.8535 TDD ~ www.cityofeagan.com j Pat Geagan Mayor THE LONE OAK TREE The symbol of strength and growth in our community. S/ March 4, 2005 The Honorable Marion C. Blakey Administrator Federal Aviation Administration 800 Independence Avenue S.W. ' Washington, DC 20591 Dear Administrator Blakey: We write to urge the Federal Aviation Administration to ensure that the Metropolitan Airports Commission (MAC) appropriately mitigates aircraft noise impacts on communities surrounding the Minneapolis-St. Paul International Airport (MSP). MSP is one of the largest airports in the United States, and it is located in the heart of the Twin Cities metropolitan azea. Approval for major expansion of MSP, including construction of the new North-South runway was achieved through complex negotiations with government, industry and citizen stakeholders. Central to this agreement was a commitment from the MAC to mitigate noise impacts on all homes exposed to noise levels greater than 60 dB DNL. We are pleased that the MAC has already insulated most homes affected by noise levels over 65 dB DNL. However, we are troubled that in November 2004 MAC voted to renege on its commitment to fully insulate homes within the 60-64 dB DNL contour. This new policy violates MAC's commitment to local communities when the North-South runway plan was finalized. As you know, FAA approval of the MSP expansion was predicated on MAC's Noise Mitigation Program, which was incorporated into the final Environmental Impact Statement for the Dual Track Airport Planning Process. We request your active involvement to ensure that noise impacts are mitigated on all remaining homes, as intended by these prior agreements. ' ~ Thank you for your attention to this important matter. Sincerely, Members of the Minnesota Congressional Delegation Similar letter sent to: The Honorable Norman Y. Mineta, Secretary, Department of Transportation March 4, 2005 The Honorable Norman Y. Mineta Secretary of Transportation 400 7`~ Street Southwest Washington, DC 20590 ' Deaz Secretary Mineta: We write to urge the Department of Transportation to ensure that the Metropolitan Airports Commission (MAC) appropriately mitigates aircraft noise impacts on communities surrounding the Minneapolis-St. Paul International Airport (MSP}. MSP is one of the largest airports in the United States, and it is located in the heart of the Twin Cities metropolitan area. Approval for major expansion of MSP, including construction of the new North-South runway was achieved through complex negotiations with government, industry and citizen stakeholders. Central to this agreement was a commitment from the MAC to mitigate noise impacts on all homes exposed to noise levels greater than 60 dB DNL. We are pleased that the MAC has akeady insulated most homes affected by noise levels over 65 dB DNL. However, we are troubled that in November 2004 MAC voted to renege on its commitment to fully insulate homes within the 60-64 dB DNL contour. This new policy violates MAC's commitment to local communities when the North-South runway plan was finalized. As you know, Federal Aviation Administration approval of the MSP expansion was predicated on MAC's Noise Mitigation Program, which was incorporated into the final Environmental Impact Statement for the Dual Track Airport Planning Process. We request your active involvement to ensure that noise impacts are mitigated on all remaining homes, as intended by these prior agreements. Thank you for your attention to this important matter. • Sincerely, Members of the Minnesota Congressional Delegation Similar letter sent to: The Honorable Mazion C. Blakey, Administrator, Federal Aviation Administration 53 MAC BACKS OUT OF LONG-STANDING COMMITMENT TO INSULATE HOMES February 2005 inneapolis city of lakes contact Laura Sether Office of Mayor R.T. Rybak (612) 673 2109 Gene Ranieri Director of Intergovernmental Relations (612) 673 2051 :s~ THE PROBLEM In 1996, the Metropolitan Airports Commission (MAC) committed to full noise insulation at no cost for residents whose homes are severely impacted by noise from the Minneapolis-St. Paul International Airport (MSP). This promise was a key condition in the approval for the new MSP runway. Based on MAC's long- standing commitment to noise insulation, residents have purchased, improved and invested in their homes. Now, despite having completed constr~cction of the netiv runway, MAC is breaking its commitment to residents, and will no longer provide the full noise insulation package. THE CITY OF MINNEAPOLIS' POSITION esidents exposed to MSP oise greater than 60 decibels are entitled to noise insulation at no cost. This is the commitment MAC made _ in 1996, a key factor in getting approval to build a new runway. MAC has insulated 6,582 homes in Minneapolis. It predicts that in 2007, there will be about 4,000 Minneapolis homes that are exposed to airport noise greater than a 60 decibel (dB) average level (DNL), but have not been insulated. MAC is now refusing to insulate these homes between 60 and 65 dB DNL, despite its commitment to provide a full noise insulation package to these .residents. MAC now says that it will provide only part of the sound insulation package -- air conditioning for those homes without it -- and it is insisting that ~ ~~~ ~ .,: r'7 ¢.cf~ ifi ~ residents J ~ r ~ ~ i ~ J, r ' much of - ~ _ ~_ ~-,~~~,~~ the cost, despite its commitment that homeowners should not have to bear the costs of mitigation. The City of Minneapolis expects MAC to honor its commitment to provide a full package of noise mitigation, at no cost, to all homes exposed to MSP noise greater than 60 dB DNL. MAC BACKS OUT OF LONG-STANDING COMMITMENT TO INSULATE HOMES SS EXECUTIVE SUMMARY • In 1996, MAC committed to a noise insulation program for residents exposed to airport noise exceeding 60 dB DNL. • Residents in affected communities have depended on MAC's commitments when making decisions to purchase, improve, invest and remain in their homes. • When Minneapolis decided not to oppose the expansion of MSP instead of building a new _ _ airport, the City relied on-___ MAC's promise of full insulation for noise-affected homes. • In 2004, MAC decided that it would not provide any sound insulation for residents exposed to noise between 60 and 65 dB DNL. • Instead of providing noise insulation, MAC has offered only part of the noise insulation system -- air conditioning for homes without it. In addition, MAC now will require homeowners to pay up to half the cost. MAC's proposed air conditioning program provides absolutely no insulation itself and will provide no relief to the majority of homes that already have it. • More than 10,000 Minneapolis residents will be affected by MAC reneging on its ccmmitments. • MAC claims that planes are quieter and the noise impact area is getting smaller, yet noise levels at the monitors in Minneapolis have increased over the last year. Even worse, MAC is planning more growth in coming years, which will erase any benefits from quieter planes. • The City of Minneapolis demands that MAC follow through with the sound insulation program to which it has committed. • This program should provide meaningful noise relief at no cost to residents. MAC's position has always been that meaningful noise relief is at least a 5 dB reduction from existing interior noise levels. MAC BACKS OUT OF LONG-STANDING COMMITMENT TO INSULATE HOMES s6 BACKGROUND oise insulation for the communities around the Minneapolis-St. Paul International Airport (MSP) was a significant issue as our region debated whether to expand MSP or build a new airport. The plans for _ _ _ _ _, - _ expansion included a new runway, which would support more flights and create more noise in fhe communities around MSP. To address the concerns ~ •~'"`` of communities, the City of Minneapolis and other nearby cities negotiated with MAC for one of the most aggressive noise insulation packages in the United States, going.~_ beyond minimum Federal Aviation Administration (FAA) guidelines for noise mitigation. MAC's commitments to insulate homes were made during the environmental approval process for the new runway 17/35 and were incorporated into public documents and MAC's communications with the public. It was MAC's commitment to its noise insulation and mitigation program which led the City of Minneapolis to support the expansion of MSP instead of construction of an entirely new airport. Despite MAC's repeated statements that it has had one of the most aggressive noise insulation programs in the country, all of MAC's efforts have focused on mitigating noise in those neighborhoods that were affected by noise in 1992 based upon computer projections of airport activity for 1996. No funds have yet been spent for noise insulation to address impacts from the much busier, expanded airport that now exists. MSP, on its relatively small 3400-acre site, creates among the nation's most severe noise impacts on residents. This is ~~::~'`-::^1 largely because the airport, which is one of the 15 busiest in the world, has expanded into already developed residential communities in an urban setting. That is why an extensive _ _ noise insulation program.is_so essential.. . As part of its current program, MAC has defined the noise-affected communities to be those exposed to noise greater than 60 dB DNL. (The DNL is a metric which measures the average noise over the course of a day. MAC uses a computer model to compute contours that account for both the noise of individual flights and the number of flights during the day.) MAC predicts that there will be more than 8,700 single- family homes and 25,000 residents in Minneapolis alone in 2007 that are affected by excessive noise. MAC .started its noise insulation program in 1992 by insulating homes suffering the greatest noise impact. It has almost finished insulation of homes that were affected by noise over 65 dB DNL based upon 1996 traffic levels. MAC BACKS OUT OF LONG-STANDING COMMITMENT TO INSULATE HOMES 57 After ten years of waiting, the homes in the next eligible noise zones were expecting to get noise insulation. But in November 2004, MAC reneged on its promise to insulate these homes within the 60-64 dB DNL contour. It decided that the homes in this area would get no noise insulation at all, but instead only one part of the system. It decided that they would only get air conditioning if they did not already have it so that they could keep their windows closed all year long. And, to make matters worse, MAC said that it would not pay the full cost - as it has done for residents for the last decade. Instead, it has demanded that residents share up to half of the cost with no added noise insulation. MAC has reduced the program even further. MAC also decided not to provide any mitigation - even air conditioning -for multi-family homes _ _-_ _ (including condos) in the 60-64 dB DNL contour. MAC is obligated to provide real noise insulation. When it approved the new runway in 1998, the FAA conditioned its approval on MAC implementing its insulation program - including noise insulation in the very areas where MAC now refuses to insulate. Even though the FAA rarely provides federal money for this type of insulation, the law requires MAC to comply with the condition in the FAA approval and to use its own money to mitigate noise. MAC has not offered any reasonable justification to break both its own commitments and to violate federal requirements. MAC BACKS OUT OF LONG-STANDING COMMITMENT TO INSULATE HOMES SS' HISTORY OF MAC COMMITMENTS AC's commitment to provide sound insulation to all homes within the 60 dB DNL contour has been repeatedly acknowledged in multiple contexts. The commitment is the result of an on- - 1998: The Federal Aviation Administration made MAC's Noise Mitigation Program a critical element of its decision to approve the current MSP expansion. The FAA required MAC to implement the Program as a condition of its approval of the new runway going, ~~~,.. documented • partnership _ __. - . _ with the state _ _ - and federal ~~,~,~ governments. " ' ~ ~.~~„w, '~~"` The following _ summary -- - - '~` illustrates the consistent promises to the affected residents. - 1999: MAC renegotiated airline lease agreements to ensure funding for full noise insulation for homes in the 60 dB DNL contour. - 2001: MAC approved an insulation package for homes affected by noise above 60 dB DNL and submitted a new noise program for FAA review. 1996: The Minnesota Legislature directed MAC to develop anoise -_ - 2002: The Metropolitan Council - - - - - mitigation plan for MSP to include approved MAC's 2002 Capital aggressive steps to mitigate aircraft Improvement Program on the noise and aid community condition that MAC reaffirm its stabilization for the affected commitment to the noise mitigation communities. program in the areas exposed to noise in the 60-64 dB DNL contours. - 1996: In response to the Legislature's direction, MAC approved the Noise Mitigation Program, which included a residential sound insulation program for all homes exposed to noise greater than 60 dB DNL. - 1998: MAC, incorporated the Noise Mitigation Program into the Final Environmental Impact Statement on the Dual Track Airport Planning Process as a specific mitigation measure. - 2002: MAC withdrew its noise program update from the FAA. - 2004: MAC decided not to provide noise insulation for homes exposed to noise less than 65 dB DNL and decided to offer only air conditioning on a cost-share basis. MAC decided not to mitigate impacts for multi- family homes such as coops, condos and apartments. MAC BACKS OUT OF LONG-STANDING COMMITMENT TO INSULATE HOMES S9 THE NEED FOR NOISE INSULATION MAC is quick to tout its record over the last ten years of implementing one of the nation's most aggressive noise insulation programs. To obtain the approvals that led to building the new runway 17/35, MAC had to be a national leader in noise insulation, because of the dense residential development near the Airport. Why is noise mitigation beyond the 65 dB DNL contour so important to affected residents in Minneapolis and surrounding communities? FAA guidelines usually do not require mitigation outside the 65 dB contour and recommend an interior noise level of 45 dB DNL. Because of our cold climate, the normal home in our area is built so ...that the interior .noise level could meet _ _ _ those guidelines -even if the home were exposed to noise as high as 75 dB DNL. That is the level of noise at the airport itself. But that argument misses the point. If the intent simply was to meet the FAA guideline for interior noise, then no mitigation would need to have been provided for homes at any noise level below 75 dB DNL. MAC has already provided mitigation for more than 7,500 homes (6,500 in Minneapolis) out to the 65 dB contour based upon 1996 noise levels. MAC's own commitments and policies prove that even MAC does not believe that the FAA guidelines should be the only basis for deciding who is entitled to mitigation. Recognizing that residents are subjected to hundreds of flights per day sometimes with individual noise levels above 90 dB, the MAC noise insulation program sets a goal of providing a 5 dB noise reduction over can ent construction. Th e goal is to reduce single noise events to tolerable, although ~ °"' ~-~, uncomfortable, levels so people can talk, listen to `~. + ,.° ~~4°Ifi '0 ~ TV and enjoy normal lives in their homes. This is the minimum necessary to provide a meaningful difference year-round for residents. MAC, the Minnesota Legislature, the Metropolitan Council and the City of Minneapolis have repeatedly and consistently recognized, as a policy, that residents within the 60 dB DNL contour _ _should,_.be provided insulation as mitigation for airport noise impacts. That policy is consistent with a nationwide trend that the FAA supports. Local noise mitigation programs should be designed for local conditions: what works in California or Arizona won't work here. While the FAA recommends a nationwide floor that limits noise mitigation to impacts greater than 65 dB DNL, the vast majority of federal and international administrations, agencies, boards, standards-setting bodies and commissions today use guidelines that call for noise mitigation when noise levels are 55 dB DNL and higher MAC has argued that full noise insulation is unnecessary and that it would be the first in the country providing mitigation outside 65 dB DNL. Other agencies disagree. FAA MAC BACKS OUT OF LONG-STANDING COMMITMENT TO INSULATE HOMES 6d has already approved sound insulation within the 60 dB DNL at Cleveland Hopkins Airport. Other airports use their own funds to supplement FAA money for noise mitigation or otherwise control residential development outside the 65 dB DNL contour (e.g., Martin County and Collier County, Florida; Lincoln, Nebraska; Raleigh-Durham, North Carolina). MAC has suggested .that instead of spending funds on noise mitigation, those funds should be used to save jobs, pay for airport security or fund projects beneficial to the airlines. Again, the argument ignores the facts. MAC and the airlines realized over a $2 billion savings by expanding the current airport instead of building a new one. Everyone knew that the trade off for that decision was MAC's commitment to mitigate noise impacts beyond the minimum recognized by FAA. MAC has also argued that the economics of the program have changed since September 11, because financial resources that once were available are now more limited. But the facts don't support that argument. The program has always been funded by a combination of passenger taxes (known as PFCs) and federal grants. Because passenger levels are above expectations, PFC revenues are higher than budgeted; federal grants have not been reduced. As a result, the funds that were originally earmarked for sound insulation are still there and can still be used. ~-~ ~- ~ -~ - NEXT STEPS ~ /CAC's obligations are clear. It must live up to its long-standing commitment to provide to residents who live within the 60 dB DNL impact area a full noise insulation package, at no cost. This package should be consistent with MAC policy which calls for ayear- round 5 dB reduction in noise from existing conditions. It's what MAC has funded for the last ten years; what was required when the new runway was approved; and what residents have counted on. MAC must not, . as well, demand that homeowners share in the cost of the program -the problem is one created by MAC and the ~ ,,, r airlines. MAC - - ~~ a`~" must treat ~, ~ . --~ - _ residents alike ~ ~ ~ ~ _ and must not be allowed to discriminate against multi- family homes by refusing to provide them with any mitigation. Finally, MAC needs to commit to fund the program - so that residents are not waiting another ten years to get the insulation for which they have already waited so long. MAC must honor its commitment to residents of our community and respect the conditions that the FAA imposed when it approved the new runway. MAC BACKS OUT OF LONG-STANDING COMMITMENT TO INSULATE HOMES ~/ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 15, 2005 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Approve Resolution to Provide Relocation Assistance to Facilitate the Purchase of the Joos Electric Property, 3980 Cedar Grove Parkway, by US Home Corporation as Part of the Nicols Ridge Development F. OTHER BUSINESS G. ADJOURNMENT 6~ Agenda Information Memo Eagan Economic Development Authority Meeting March 15, 2005 A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the February 1, 2005 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the February 1, 2005 EDA meeting on pages 6 ~ ~ J . 6.3 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota February 1, 2005 A meeting of the Eagan Economic Development Authority was held on Tuesday, February 1, 2005 at the Eagan Municipal Center. Present were President Geagan and Commissioners Fields, Tilley, Carlson and Maguire. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty, Adnunistrative Secretary /Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Maguire moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the January 18, 2005 EDA meeting as presented. Aye: 5 Nay: 0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT -FORMER KOPACEK PROPERTY FINDINGS OF FACT, CONCLUSIONS AND DECISION CONCERNING THE ALLEGED RELOCATION CLAIMS OF ALLIED TEST DRILLING COMPANY AND INSTANT TESTING COMPANY Community Development Director Hohenstein briefly discussed the background of the alleged relocation claims of Allied Test Drilling Company and Instant Testing Company. Conunissioner Tilley moved, Commissioner Fields seconded a motion to accept Findings of Fact, Conclusions and Decision concerning the alleged relocation claims of Allied Test Drilling Company and Instant Testing Company. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT -CORE REDEVELOPMENT AREA - RECOGNIZE SCHAFER RICHARDSON AS CEDAR GROVE CORE AREA MASTER DEVELOPER, APPROVE REFINED CONCEPTUAL DEVELOPMENT PLAN AND AUTHORIZE STAFF TO PROCEED WITH NEGOTIATION OF A DEVELOPMENT AGREEMENT Community Development Director Hohenstein briefly discussed the refined conceptual development plan for the Cedar Grove Redevelopment District and the designation of Schafer Richardson as the master developer. This issue had been presented and discussed at a previous Special City Council workshop and was directed to this agenda for formal action. Councilmember Fields moved, Councilmember Tilley seconded a motion to: 1. Designate Schafer Richardson as Master Developer of the Cedar Grove Redevelopment District and lead in the partnership with Ryland Homes. 2. Approve the refined conceptual redevelopment plan and development program, including general land uses, layout and building types. 3. Confirm the role of the Council Finance Committee as liaison to staff for negotiation of development agreement. 6~ 4. Authorize staff to proceed with negotiation of the development agreement. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454- 8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 65 Agenda Memo Eagan Economic Development Authority Meeting March 15, 2005 1. CEDAR GROVE REDEVELOPMENT DISTRICT -APPROVE RESOLUTION TO PROVIDE RELOCATION ASSISTANCE TO FACILITATE THE PURCHASE OF THE JOOS ELECTRIC PROPERTY, 3980 CEDAR GROVE PARKWAY, BY US HOME CORPORATION AS PART OF THE NICOLS RIDGE DEVELOPMENT ACTION TO BE CONSIDERED: To Approve Resolution to Provide Relocation Assistance to Facilitate the Purchase of the Joos Electric Property, 3980 Cedar Grove Parkway, by US Home Corporation as Part of the Nicols Ridge Development in the Cedar Grove Redevelopment District. FACTS: As a part of the Cedar Grove Redevelopment District activities, the EDA and City Council have entered into a development agreement with US Home for the development of the Nicols Ridge subdivision. Under that agreement, the developer has negotiated for the purchase of the Joos Electric property located 3980 Cedar Grove Parkway. Under the purchase agreement the parties have executed, the developer will pay the costs of the acquisition and the City will pay the costs of relocation of the business. This is consistent with the agreement between the City and the developer and, as such, the Relocation Agreement between the City and Joos Electric is in order for consideration by the EDA and City Council. ATTACHMENTS: • Relocation Agreement on pages -~~-~---~~' • EDA and City Council Resolutions on pages ~. 66 RELOCATION AGREEMENT THIS RELOCATION AGREEMENT ("Agreement") dated this -day of 2005, is by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation ("EDA") and JOOS ELECTRIC CO., a Minnesota corporation ("JOOS"). (EDA and JOGS shall hereinafter be referred to as the "Parties"). RECITALS: A. JOGS is the owner of a building located on real property in Dakota County, Minnesota, and legally described as follows: All that part of the Northeast Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the Southwest corner of the Northeast Quarter of said Section 19; thence South 89 degrees 14 minutes 20 seconds East on an assumed bearing along the South line of said Northeast Quarter, a distance of 1306.52 feet; thence North 33 degrees 06 minutes 20 seconds West, a distance of 373.0 feet; thence North 56 degrees 53 minutes 40 seconds East, a distance of 139.75 feet; thence North 7 degrees 27 minutes 13 seconds West, a distance of 158.20 feet to the point of beginning of the land to be described; thence continuing North 7 degrees 27 minutes 13 seconds West, a distance of 73.38 feet; thence North 33 degrees 06 minutes 20 seconds West, a distance of 148.51 feet to the centerline of Beau-D-Rue Drive; thence South 56 degrees 26 minutes 55 seconds West along said centerline, a distance of 155.01 feet; thence South 33 degrees 06 minutes 20 seconds East, a distance of 60.00 feet; thence South 26 degrees 41 minutes 00 seconds East, a distance of 90.00 feet; thence North 82 degrees 32 minutes 47 seconds East, a distance 67 of 147.88 feet to the point of beginning, Dakota County, Minnesota. (the "Subject Property") B. JOOS has sold the Subject Property to U.S. Home Corporation and the EDA has agreed to provide certain relocation benefits to JOGS pursuant to MIIVrr. STAT. § 117.52 and other applicable laws. C. JOGS desires to accept the relocation benefits outlined herein and has already relocated its business and any other operations occurring at the Subject Property. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, EDA and JOOS agree as follows: SECTION ONE RELOCATION BENEFITS 1.1 EDA shall pay JOGS the following relocation benefits: (a) Relocation Expenses. The EDA will pay the sum of $23,000.00 as and for full and final compensation for moving expenses and other eligible relocation expenses. JOOS agrees that this amount is reasonable and is based on the following estimates provided by Wilson Development Services: Planning the Move None Cartage $ 3,500.00 Warehouse Set Up $ 1,000.00 Computer Technician $ 1,000.00 Computer cabling & electric $ 1,000.00 Telephone System $ 1,500.00 Telephone hook up $ 250.00 Sign re-lettering & move $ 750.00 Printed Material $ 1,000.00 Searching $ 1,000.00 Business Reestablishment $10,000.00 Shed 10 x 12 $ 2,000.00 Storage None Equipment hook up None Relocation Cost Estimate $23,000.00 6~ SECTION TWO RELOCATION OBLIGATION SATISFIED/WAIVER OF CLAIMS/INDEMNIFICATION 2.1 JOOS expressly acknowledges that the obligations of EDA under this Agreement shall fully satisfy EDA's obligation to provide relocation assistance as required under applicable law. JOOS expressly waives any other claims against EDA (on JOOS' behalf and on behalf of its successors or assigns) for reimbursement or payment of any other item related to vacating the Subject Property and/or relocation to another place of business. 2.2 JOOS shall indemnify and hold. EDA harmless from and against any claim for relocation benefits by any past or present occupant of the Subject Property. SECTION THREE MISCELLANEOUS 3.1 The covenants, representations, warranties and indemnifications set forth herein shall survive this transaction of this transaction. 3.2 JOOS and EDA represent to each other that no real estate brokers are involved in this transaction and that no real estate commissions are owed as a result of this Agreement. JOOS and EDA hereby indemnify each other for any claim, cost, or damage related to any brokerage fee due because of this Agreement. 3.3 ~ Any notice, demand, or request which maybe permitted, required or desired to be given in connection herewith shall be in writing and sent by certified mail, hand delivery, overnight mail service such as Federal Express, or Western Union telegram or other form of telegraphic communication, directed to JOOS or EDA at the respective address of each. Any notice shall be deemed effective when delivered to the party to whom it is directed. 3.4 Time shall be of the essence in this Agreement. Where any date or time prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or time shall automatically be extended to the next normal business day. 3.5 Each party hereto shall promptly, on the request of the other party, have acknowledged and delivered to the other party any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 3.6 This Agreement may not be changed, modified or rescinded, except by a written agreement signed by both parties hereto. 3.7 If any party defaults under any of the terms hereof, the non-defaulting party shall have the right to pursue any remedies available to the non-defaulting party at law 69 or in equity including specific performance, damages (including attorney's fees) and the cancellation of this Agreement. 3.8 If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. 3.9 Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 3.10 This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 3.11 This Agreement shall be construed in accordance with the laws of the State of Minnesota. 3.12 JOOS has had the opportunity to be represented by legal counsel in the negotiation of this Agreement and fully understands EDA's obligation to provide relocation assistance. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director ~~ STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2005, by Pat Geagan and Thomas L. Hedges, respectively the President and Executive Director of EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation, on behalf of the municipal corporation. By: STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) Notary Public JOOS ELECTRIC CO., a Minnesota corporation Joseph Joos Its: President The foregoing instrument was acknowledged before me this day of 2005 by Joseph Joos, the President of JOOS ELECTRIC CO., a Minnesota corporation, on behalf of the corporation. Notary Public ~~ CITY OF EAGAN RESOLUTION TO APPROVE A RELOCATION ASSISTANCE AGREEMENT TO FACILITATE THE PURCHASE OF THE JOGS ELECTRIC PROPERTY, 3980 CEDAR GROVE PARKWAY, BY US HOME CORPORATION AS PART OF THE NICOLS RIDGE DEVELOPMENT BE IT RESOLVED by the Eagan City Council to Approve a Relocation Assistance Agreement to Facilitate the Purchase of the Joos Electric Property, 3980 Cedar Grove Parkway, by US Home Corporation as Part of the Nicols Ridge Development. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City 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 in a regular meeting thereof assembled this 15th day of March, 2005. Maria Petersen, City Clerk ~~ Agenda Information Memo Eagan Economic Development Authority Meeting March 15, 2005 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. 73 ~r~ Cily of Ea~a~ Me~o TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMi1NITY DEVELOPMENT DIItECTOR DATE: MARCH 11, 2005 SUBJECT: APPLE VALLEY LAND USE GUIDE PLAN -PARK AND OPEN SPACE DESIGNATION At the Council workshop on March 8, it was noted that the City of Apple Valley has a Parks. and Open Space Comprehensive Guide Plan designation. The Council asked for background in this regard prior to its meeting with the APrC on Monday. The information from the Apple Valley Comp Plan is attached. The Apple Valley Plan indicates that this guide designation is consistent with their Park-Institutional zoning that permits active and passive parks, playfields golf courses and PDs that include similar facilities. There are some agricultural areas guided for P/O use in the future and those may be viewed as open space in the near term, but that does not define their future park use as being more or less active. If you or any Councilmembers have additional questions in this regard, please let me know. Cc: Cherryl Mesko Paul Olson CITY OF APPLE VALLEY COMPREHENSIVE GUIDE PLAN - 2020 UPDATE INST -Institutional -These uses include all civic, county, and state facilities (excluding parks); religious facilities; schools and other similar nonprofit uses. The implementing zoning district of these properties are the P-Institutional district and PD districts. There are no areas where this land use designation is substantially expanded. P/O -Park and Open Space -This designation is applied to all existing private and public parks, playfields and golf courses. Additionally, property that is intended for park and open space purposes in the future are designated on the 2020 land use plan map. Future neighborhood parks that result from subdivision development have not been depicted on the map since the exact location of the park will not be known until development occurs. The provision of parks associated with development are consistent with the 2020 plan and will not require an amendment to this plan. The zoning districts that accommodate these uses are P- Institutional and PD. W -Water -Existing lakes are designated Water on the 2020 land use plan map. The shoreland around Alimagnet, Farquar, and Long Lakes are regulated by a zoning overlay district, which is shown as SH -shoreland district on the zoning map. Other waterbodies including wetlands, storm ponds and waterways are not designated on the 2020 land use plan but are depicted on maps included in the City's Stormwater Management Plan, which is part of the comprehensive plan. SG -Temporary sand and gravel overlay district -This overlay designates mining activity as an interim use, with redevelopment to occur in conformance to the underlying land use designations. Land Use - 52 ~,~ ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MARCH 15, 2005 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Informative Items DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update City of Evan Mcmo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 14, 2005 SUBJECT: ADMINISTRATIVE AGENDA /MARCH 15, 2005 CITY COUNCIL MEETING CITY ATTORNEY The City Attorney has proposed the City Council hold an Executive Session for the purposes of discussing the Ron Weissmann litigation and discuss participating in the City of Minneapolis litigation regarding the Part 150 noise mitigation. There are no other items to be considered for Executive Session at this time. CITY ADMINISTRATOR Item 1. Informative Items - 1.) Charter Commission Correspondence -Enclosed for City Council review is a copy of a letter sent to the Charter Commission by Director VanOverbeke requesting additional information from the Charter Commission. A copy of his letter to the Charter Chair, Betty Fedde, and a response that was received by Mr. VanOverbeke is enclosed on pages ~ through ,~___. 2.) Sale of Aquila -The City Administrator received a phone call from Dave Perron, spokesperson for Aquila, this morning, Monday, March 14, and Aquila has announced today the company's plans to further reposition its business and will be selling their gas operations in Michigan, Mixuiesota and Missouri. At this time, there is no hint as to who might be purchasing the gas business from Aquila which is the current owner and distributor of one of our natural gas suppliers for the Cit of Eagan. Mr. Perron e-mailed a copy of the Aquila news release; a copy is enclosed on pages ~ through 3.) LMC Friday Fax -The Friday Fax was sent Late on March 11 and involves some critical legislation that is under consider this week; a copy of that Friday Fax is enclosed on pages through ~~. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update - Staff is providing regular updates to the City Council regazding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on page ~, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. /s/ Thomas L. Hedges City Administrator a ~ City of Evan Pat Geagan Mazch 3, 2005 MAYOR Peggy Carlson Cyndee Fields Ms. Betty Fedde Chair, Eagan Charter Commission Mike Maguire 1662 Norwood Drive Meg Tilley Eagan, MN 55122 COUNCIL MEMBERS Deaz Betty: Thomas Hedges Cm AoMINISTRATOR Please find enclosed a summary of the Eagan Charter Commission 2004 disbursements. I have prepared the summary from the material supplied to me by Michael Dean and am in agreement that the receipts, disbursements, and cash balances all reconcile. Before authorizing a new advance of $1,500 for 2005, the City Council has directed me to request additional documentation for the $958.16 of 2004 expenditures for the design, MUNKxPAL CENTER Fork, printing, and distribution of the material related to the Charter election. Absent cleaz documentation that these expenditures were made for a public purpose and that 3830 Pibt Knob Road there is specific or implied authority for the expenditures found in State Law, the City Eagan, MN 55122-1810 Council is requesting that this dollar amount of $958.16 plus the unexpended balance of 651.675.5000 phone $219.38 ($1,177.54 total) be returned to the City before the 2005 advance is authorized. 651.675.5012 fax Therefore, would you please provide me with the additional documentation for review or 651.454.8535 TDD make arrangements for reimbursement to the City. Thank you for your assistance with this matter. MAINTENANCE FACILITY 3501 Coachman Point S1nCerely, Eagan, MN 55122 ~~ 651.675.5300 phone Gene VanOverbeke 651.675.5360 fax Director of Administrative Services 651.454.6535 TDD cc: Michael Dean, Treasurer, Eagan Charter Commission Tom Hedges, City Administrator www.cityofeagan.com Enclosure c ~l; ~~ D. THE LONE OAK TREE The symbol of strength and growth in our community. 3 1aFeb-os Eagan Charter Commission 2004 Disbwrsements By Ctassstfication ~ Cash Balance Cash Advance $1,500.00 Summary of Disbursements: Bank Charges (12 months @$6.00) $ 72.00 Printing/t:opying 157.21 Office Supplies 22.76 Postage & Stamps 70.49 Facilities Renal Check Printing - Reference Materials - DesigNArtuiorlc/Printing/Distribution Charter Election Material 958.16 Total Disbursements $1,280.62 Balance Dus City Per Eagan Charter Commission $ 219.38 1662 Norwood Drive Eagan, MN 55122 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 March 10, 2005 Dear Mr. Hedges, Mr. VanOverbeke and City Council, In response to your letter requesting "additional documentation" dated March 3, 2005, I am enclosing minutes from the Eagan Charter Commission dated August 11, 2004 and September 8, 2004. This educational flyer was composed to educate the citizens of Eagan as a reasonable and necessary expense in accordance with Minnesota Statutes 2000, chapter 410.06 as attached. The Eagan Charter Commission requests the funds of $1500.00. The Eagan Charter Commission will reimburse the city for $219.38 due for fiscal year 2004. As always, commission members are available to meet with the City Council to discuss this issue. Best Reg rd ~~~ Bett 'Fedde Chair Eagan Charter Commission 5 Minutes Page 1 of 1 38th Meeting Eagan Charter Commission Wescott Library August 11, 2004 I. Call to Order. The meeting was called to order at 6:30 PM. II. Roll Call Members Present: B. Fedde, J. Felde, J. Gregory, E. Hedtke, P. Hurd (arrived after roll call), R. Kane, K. Lail, D. Olson, D. Richards, B. Schmidt, A. Seaberg. Absent: M. Dean, D. Keller. Also Present: Paul Bakken, who was reviewing Charter documents during the meeting, and a reporter from the Star Tribune. III. Minutes. Upon motion of D. Richards, seconded by E. Hedtke, the minutes of the August meeting were approved. IV. Treasurer's Report. Balance of $1207.54. Motion by R. Kane, seconded by K. Lail, that the report be filed for audit. Without objection, the treasurer's report was to be filed for audit. The Chair asked if there were any objections to purchase a copy of the Access to Democracy videotape for the Charter Commission for $12.95. It would be available for those who have no access to cable television. No one objected. Patti Hurd amved. V. Commission Reports. The chair reported that the city council had met on July 20 to vote to place the charter on the November ballot. J. Gregory, B. Schmidt, D. Olson, and B. Fedde attended the meeting. VI. Unfinished Business. The commission discussed the request for documents submitted by Paul Bakken. D. Richards asked Mr. Bakken a question. E. Hedtke asked the chair not to allow questions to Mr. Bakken as he was simply there to review documents. Nevertheless Bakken agreed to answer the question and spoke to the issue of document access. His request was not meant to impugn anyone's integrity. After a discussion about the need to educate the public on the Charter, D. Richards, P. Hurd, K. Lail agreed to work with the chair to draft an educational brochure. J. Gregory volunteered to fmd speaking dates for members of the commission. B. Schmidt moved to adjourn; seconded by D. Olson. The meeting adjourned at 8:10 pm. Respectfully Submitted, Jon R. Felde, Secretary http://www.charterforeagan.com/081104.htm1 3/1/2005 Minutes Page 1 of 1 39th Meeting Eagan Charter Commission Wescott Library September 8, 2004 I. Call to Order. The meeting was called to order at 6:40 PM. II. Roll Call Members Present: M. Dean (arrived late), B. Fedde, J. Felde, E. Hedtke, P. Hurd, K. Lail (arrived late), D. Olson, D. Richards, A. Seaberg. Absent: D. Keller, J. Gregory, R. Kane, B. Schmidt III. Minutes. Upon motion of A. Seaberg and a second by P. Hurd the minutes of the meeting of August 11 were approved without objection. IV. Treasurer's Report. Balance of $1201.54. Motion by D. Richards, seconded by D. Olson, that the report be filed for audit. Without objection, the treasurer's report was to be filed for audit. V. Commission Reports. Chairman Fedde asked for members to speak at three different community forums. The Rotary invited us to send two representatives for a September 22 meeting. Eric Hedtke agreed to appear with Betty Fedde. Patti Hurd agreed to appear before the Chamber of Commerce; and Michael Dean offered to appear with her if it was allowed. Eric Hedtke and Dee Richards agreed to appear at the League of Women Voters' forum on Monday October 4. Eric needed to check his schedule. VI. Unfinished Business. M. Dean moved that the Commission approve the educational brochure developed by the subcommittee as amended during the meeting. Eric seconded the motion. The motion was adopted unanimously. M. Dean moved to print 10,000 copies of the brochure but withdrew his motion. M. Dean then moved that we spend up to $700 to print the educational brochure for distribution. K. Lail seconded the motion. Those in favor: M. Dean, B. Fedde, P. Hurd, K. Lail, D. Olson, D. Richards, A. Seaberg. Abstain: J. Felde. Motion carried. P. Hurd moved that we set up a web page to put the pamphlet on-line, budgeting up to $100 for this effort at public education. J. Felde seconded. Those in favor: M. Dean, B. Fedde, J. Felde, P. Hurd, K. Lail, D. Olson, D. Richards, A. Seaberg. Motion carried. Chairman Fedde said that the commission would meet in October and that the Annual Report should be prepared for the November meeting. D. Richards moved to adjourned. Seconded by P. Hurd. Motion passed without objection. Meeting adjourned at 8PM. Respectfully Submitted, Jon R. Felde, Secretary http://www.charterforeagan.com/090804.htm1 r 3/7/2005 Subd. 5. Discharge. If the charter commission of a statutory city determines that a charter is not necessary or desirable, the commission may be discharged by a vote of three-fourths of its members. Another commission may not be formed sooner than one yeaz from the date of dischazge. HIST: (1269)1ZL s 749; 1909 c 423; 1913 c 535 s 1; 1949 c 210 s 1; 1959 c 305 s 5; 1961 c 608 s 1; Ex1967 c 33 s 1; 1971 c 208 s 1-3; 1973 c 123 art S s 7; 1976 c 44 s 20; 1979 c 330 s 3; 1986 c 444; 1Sp1986 c 3 art i s 82; 1987 c 51 s 1 410.06 Compensation; expenses. The members of such commission shall receive no compensation, but the commission may employ an attorney and other personnel to assist in framing such charter, and any amendment or revision thereof, and the reasonable compensation . and the cost of printing such charter, or any amendment or revision thereof, when so directed by the commission, shall be paid by such city. The amount of reasonable and necessary charter commission expenses that shall be so paid by the city shall not exceed in any one year the sum of $10,000 for a first class city and $1,00 for any other city; but the council may authorize such additional charter commission expenses as it deems necessary. Other statutory and charterprovisions requiring budgeting of, or limiting, expenditures do not apply to charter commission expenses. The council may levy a tax in excess o c after tax limitations to pay such expenses. HIST: (1270) RL s 750; 1907 c 216 s 1; 1947 c 406 s 1; 1959 c 305 s 5; 1961 c 608 s 2; 1973 c 123 art 5 s 7; 1994 c 505 art 3 s8 . 410.07 Determination of desirability; framing charter. As soon as practicable after such appointment, the charter commission shall deliver to the clerk of the city either (1) its report determining that a home rule charter for the city is not necessary or desirable, or (2) the draft of a proposed charter, in either case signed b at least a majority of its members. uc s all fix the corporate name and the boundaries of the proposed city, and provide for a mayor, and for a council to be elected by the people. Subject to the limitations in this chapter provided, it may provide for any scheme of municipal government not inconsistent with the constitution, and may provide for the establishment and administration of all 5 ~~~~t~, Aquila ~~ News Release Media Contact: Al Butkus - (816) 467-3616 Media Relations - (816) 467-3000 Investor Contact: Neala Clark - (816) 467-3562 AQUILA OUTLINES FURTHER REPOSITIONING INITIATIVES Conference Call and Webcast Are Today at 9:00 a.m. Eastern KANSAS CITY, MO, March 14, 2005 -Aquila Inc. (NYSE:ILA) announced today the company's plans to further reposition its business and enhance its ability to realize Aquila's long-term growth opportunity as an integrated natural gas and electric utility focused on providing safe and reliable service to customers. "Over the last two years, we have made significant progress on Aquila's repositioning and have successfully executed more than 30 major initiatives to stabilize the company's financial condition and improve the financial performance of our regulated utility business," said Richard C. Green, chairman and chief executive officer. "With these advances, Aquila now has the opportunity to accelerate its repositioning plan, which will significantly improve our credit metrics and increase investment in the years ahead to meet the needs of our customers. "This accelerated repositioning effort will include the selective divestiture of regulated utility assets to raise funds to further strengthen the company's balance sheet and provide the catalyst for future investment in regulated capital projects. Aquila has the opportunity to invest in generation, transmission and electric and natural gas distribution capacity, as well as required environmental upgrades. These investments will strengthen our utility business and improve our returns and earnings. We believe the incremental investment opportunity is approximately $650 million over the next five years. By pursuing this course, our goal is to put Aquila on a clear path to achieve an average annual EBIT growth rate on post-divestiture rate base of 3 percent to 5 percent and move further toward investment grade credit metrics." Green said the key elements of Aquila's strategy are to: - more - q Aquila Repositioning Initiatives -Page Two • Maintain its focus on operating an integrated, multi-state utility. • Consider the sale of select utility and non-core assets. • Significantly reduce Aquila's debt levels and strengthen its credit profile. • Gain access to the capital markets on improved terms, allowing the company to more cost-effectively fund investments in its rate base to meet customer needs. Continue to improve operational efficiency and lower earnings variability. • Actively work with regulators and legislators to address rate and fuel cost issues. Green said that in achieving these objectives, the company will strengthen its balance sheet and position itself for long-term growth as an integrated natural gas and electric utility with a strong commitment to customer service. Currently, Aquila operates utilities in seven states. The utilities under consideration for divestiture are Aquila's natural gas operations in Michigan, Minnesota, and Missouri; electric operations in Colorado and Kansas; and St. Joseph Light & Power in Missouri. The other utilities Aquila operates are electric properties in Missouri (formerly Missouri Public Service) and natural gas properties in Iowa, Nebraska, Kansas and Colorado. The non-core assets considered for sale include three merchant peaking plants and Everest Connections. The company also plans a settlement of its Elwood toll contracts. The proceeds from the sale of select utility and non-core assets will be used to retire debt and other liabilities. "Aquila will continue to take a disciplined strategic approach," Green said. "Our decision on whether to sell an asset will be based on a comparison of the value the market offers versus the value we can build by continuing to own and operate that business." Green concluded: "Our repositioning plan opens the way for Aquila to make significant, prudent investments in our rate base that can fuel our future growth. In adopting this strategy, we're encouraged by current trends. There is widespread understanding of the country's need to invest in utility infrastructure. At the same time, financial markets regard this trend as an investment opportunity and increasingly value utilities for their relative earnings stability and growth potential." The Blackstone Group served as advisor to Aquila in the repositioning plan. Evercore Partners serves as independent advisor to Aquila's Board of Directors. Lehman Brothers and The Blackstone Group have been retained as advisors for the execution of the plan. - more - ,/D Aquila Repositioning Initiatives -Page Three Conference Call, Webcast and Additional Information Today at 9:00 a.m. Eastern Time, Aquila will host a conference call and webcast in which senior executives will discuss the company's utility growth strategy. Participants will be Chief Executive Officer Richard C. Green and Chief Financial Officer Rick Dobson. To access the live webcast via the Internet, go to Aquila's website at www.aquila.com and click "Investor Information" and then the link to the webcast. Listeners should allow at least five minutes to register and access the presentation. For those unable to listen to the live broadcast, online replays will be available for two weeks at the same location on the website ("Investor Information"), beginning approximately two hours after the presentation. Replay also will be available by telephone through March 21 at 800-405-2236 in the United States, and at 303-590-3000 for international callers. Callers need to enter the access code 11025744 when prompted. The company filed its Form 10-K today. The report and other current and historical financial information are available at www.aquila.com in the "Investor Information" section. Aquila shareholders are advised to read the proxy statement relating to the company's 2005 annual meeting of shareholders as it contains important information that will be filed with the Securities and Exchange Commission and is expected to be mailed commencing on March 18, 2005, to shareholders of record on March 7, 2005. Shareholders will be able to obtain this proxy statement, any amendments or supplements to the proxy statement and any other documents filed by Aquila with the Securities and Exchange Commission for free at the Internet website maintained by the Securities and Exchange Commission at www.sec.gov. Copies of the proxy statement and any amendments and supplements to the proxy statement will also be available for free at Aquila's Internet website at www.aquila.com or by writing to Investor Relations, Aquila, 20 W. Ninth Street, Kansas City, Mo. 64105. Aquila, its executive officers and directors may be deemed to be participants in the solicitation of proxies for Aquila's 2005 annual meeting of shareholders. Information regarding these participants is contained in the proxy statement filed by Aquila with the Securities and Exchange Commission. - 'more - ~f Aquila Repositioning Initiatives -Page Four Based in Kansas City, Missouri, Aquila operates electric and natural gas distribution utilities serving customers in Colorado, Iowa, Kansas, Michigan, Minnesota, Missouri and Nebraska. The company also owns and operates power generation assets. At December 31, 2004, Aquila had total assets of $4.8 billion. More information is available at www.aquila.com. - ### - This press release contains the following forward-looking statements: We anticipate significant additional capital expenditures in order to satisfy our long-term power generation and transmission needs and to comply with environmental rules and regulations. Some important factors that could cause actual results to differ materially from those anticipated include: -We may not receive the approvals required to participate in the planned construction of additional generating capacity. -Environmental rules and regulations could change such that we are not required to make anticipated capital expenditures for environmental compliance. Our goal is to be on a path to achieve an average annual Et31T growth on post-divestiture rate base of 3 percent to 5 percent and move further toward investment grade metrics. Some important factors that could cause actual results to differ materially from those anticipated include: -Our actual allowed rate of return on our expected capital investments may be lower than our internal projections. -We may not achieve operational efficiencies in our businesses, and our plan to sell utility assets could result in stranded overhead costs that would reduce our EBIT. We are planning to regain access to the capital markets on improved terms, allowing us to fund investments in our rate base and meet customerneeds. Some important factors that could cause actual results to differ materially from those anticipated include: -Our strategy to improve our credit standing may not be successful. -We may not receive shareholder approval to issue additional shares of our common stock. Our strategy includes reducing debt, strengthening our credit profile and improving operational efficiencies. Some important factors that could cause actual results to differ materially from those anticipated include: -We may not be able to complete the asset sales necessary to generate the proceeds to reduce debt; -The sale of our utility properties will weaken our credit profile if the lost earnings are not more than offset by the savings resulting from a reduction in debt with the sale proceeds; -Our initiatives targeted to improve operational efficiencies may fail or not produce the desired results. We intend to consider the sale of certain regulated utility assets and our interests in three merchant peaking facilities and Everest Connections, as well as terminate the Elwood toll contracts. Some important factors that could cause actual results to differ materially from those anticipated include: -We may receive bids for assets at prices that are inadequate or insufficient for accomplishing our targeted goals. -Regulatory commissions may refuse to approve some or all of the contemplated divestitures. -The counterparty to the Elwood toll contracts may be unwilling to terminate or restructure these contracts, or we may not find a third party willing to assume this obligation upon acceptable terms. We will attempt to improve operating efficiencies and lower earnings volatility. Some important factors that could cause actual results to differ materially from those anticipated include: -Our process improvement initiative may fail or not produce the desired results. -Legislative initiatives designed to lower volatility associated with weather and fuel may fail. 11 2885 16:57:15 Via Fax -> `~ ~ ~:..= /~ ~~c Trn!sVn .~l~~lnnn•Nn ~.IfiM CiLiur pmnndinp rx~nnm Administrator Page 881 Of 885 -Frida Fax- Y A weekly legislative update from the League ofMinnesota Cities Governor's supplemental budget released Thursday afternoon, the governor released his supplemental budget recommendations for the upcoming two-year budget. The supplemental recommendations are unveiled shortly after the Department of Finance releases the February budget forecast and therefore reflect the effects of the updated forecast and any reprioritization of the governor's initial budget proposal. The February forecast increased the revenues available for the balance of the current biennium, which ends this June 30, by $175 million. In addition, the projections for revenues available for the 2006-2007 biennium increased by $234 million. Despite these "increases," the state continues to face a deficit for the upcoming biennial budget. However, given that the governor's initial budget was based on lower available revenue projections, the improved budget forecast effectively translates into more available revenue for the governor's budget. The govemor' s supplemental recommendations would increase K-12 education funding by $108 million, $66 million of which would be used to increase the basic education finance formula. When combined with the governor's earlier budget recommendation, he is now proposing that the basic education funding formula increase by 2.5 percent per year for the upcoming budget cycle. The governor's supplemental budget did not restore funding for the market value homestead credit cuts proposed by the governor in January. March 11, 2005 Page 1 'The governor's overall budget recommendations continue to rely on an assumed $200 million one-time infusion of revenue from a new casino. If that source of revenue is not realized, the governor and Legislature will have to find other revenues or other expenditure reductions before the end of the session. The governor may have provided some protection from the possible loss ofthe casino revenue and also from the possible loss of federal revenue due to Congressional action that could negatively impact the state. His supplemental recommendations include a set aside of $75 million which he labels as a "federal transition reserve." According to the govemor, this reserve would be used to cover potential federal cuts to a wide range of non- entitlement discretionary programs, although it apparently would not be limited only to those uses. The govemor's budget recommendations are only a starting point for legislative budget negotiations. The Legislature has two months remaining in this session to craft a final state biennial budget. Questions? Contact Gary Carlson at 651.281.1255 or at ~,carlsc%n.~cim.n.c.or~ What is the proper role of a city council? This week, the Governor's Chief-of-Staff, Dan McElroy, during a discussion on Minnesota Public Radio was asked the question, "Has the govemor taken a position yet on whether or not people in the local communities where a casino would be sited--whether they should be Far more information on city legislative issues, coact arty member of the League of Mi:mesota Cities lntecgovemmental Relatioaw team. 651.281.1200 or 800.925.1122 Mar 11 2995 16:57:55 Via Fax -> Administrator Page 99Z Of 985 -,I .. ~.• . _ • '~~~ -Freda Fax- L,~IC Y lnxiu.. rf AI inw,vn/n (:ni,v, c~,~iu,,,,,...,~,,;,.,,..,,,,+~,~~„ A weekly legislative update from the League ofMinnesota Cities March 11, 2005 Page 2 allowed to vote on this or just go with whatever in the House Governmental Operations & the city council says?" Veterans Affairs Committee. McElroy replied, "We believe the city council should make that decision. I've looked at how it's been done in other parts of the country and the challenge is if the community were to undertake a referendum, it's likely the current Indian gaming group would spend a ton of money to defeat it. The proponents would have to spend a ton of money to pass it. It gets into a battle that's not particularly constructive...... it still wastes a lot of resources, pits neighbor against neighbor and I don't think it's necessary. We believe a city council resolution would be the right way to go." In a completely unrelated note, Governor Tim Pawlenty and House Tax Committee Chair Phil Krinkie this week unveiled the Taxpayer Satisfaction Survey at a meeting of the Minnesota Association of Realtors. The proposal would allow property owners to petition for a vote on a city council decision to increase the property tax, making it difficult for city councilmembers and mayors to answer the question posed in the title of this article. The bill, HF 995, repeals the statute that limits local government compensation to 95 percent of the governor's salary. This legislation also eliminates the related cap on salary that is counted for pension purposes. Rep. Ron Erhardt (R-Edina) is the chief sponsor of the House bill and Sen. Steve Kelley (DFL- Hopkins) is carrying the Senate companion. The proposal is supported by a bi-partisan group of legislators. HF 995 passed out of the House Local Government Committee last week on a 10-$ roll call vote. We expect that the vote in the Governmental Operations Committee will also be close. Please contact members of the committee before Tuesday's hearing to encourage them to reAeal the salary can or to provide a higher limit that includes an annual inflationary adjustment, which will be offered as an amendment if necessary. The members, their phone numbers and a-mail addresses are listed below: We hope Chief-of-Staff McElroy will share his views on the role of city councils with others at the state capitol. Questions? Contact Gary Carlson at 651.281.1255 or at . car•isc:~IZ:'c7cim.n.e.car• Action Alert! House hearing next Tuesday on salary cap proposal Legislation that would give Minnesota cities and counties control over local compensation decisions will be heard on Tuesday, March 15 Rep. Kathy Tingelstad, (651) 296-5369, re~a.l:.ath~c- . tarl~elsta diiz:hous e.mn Rep. Dan Severson, (651) 296-7505, rep. dan.s ~- ersoniihouse. n~tn Rep. Phyllis Kahn, (651) 296-4257, reg.phy llis _kahnriz'house.nul Rep. Michael Beard, (651) 296-5572, rep.mike_bea.rct;ci?house.nut Rep. Lloyd Cybart, (651) 296-5506, rem. llo~~d. cybart; cc;house.mn Rep. Randy Demmer, (651) 296-9236, re___~_.rancil~. demmer,;~i?hotrse.mn Rep. Jerry Dempsey, (651) 296-5635, ren.iemr. clempse~a house.rnn Rep. Joe Hoppe, (651) 296-5066, rep . to e. hone el d%hous e. mn Fea mare infacmation on city legislative issues, coa~tact airy member of the League of Mismesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 ~~ liar 11 ZBBS 16:59:44 Via Fax -> Administrator Page BB3 O{ BB5 1. ,, ,.... -,: I~~IC (:iiiun pmrudinx ae~nan -Frida Fax- Y A weekly legislative update from the League ofMinnesota Cities Rep. Larry Hosch, (651) 296-4373, reta.larr~hasch!uzhause.mn Rep. Howard Swenson, (651) 296-5634, ren. nith. i ohns onfrU hoes e. mn Rep. Sheldon Johnson, (651) 296-4201, rep.shelclon jahnsan,;ahouse.zrut Rep. Tina Liebling, (651) 296-0573, r .tina.lieblina;ci~ ouse.mn Rep. Leon Lillie, (651) 296-1188, rep.lean.lillita`ii?house. mn Rep. Diane Loe$1er, (651) 296-4219, rep. diane.loeffler([x:;ho~~se.mn Rep. Tim Mahoney, (651) 296-4277, re~.tim.nnahoney;e~,house.rnn Rep. Denny McNamara,. (651) 296-3135, ret~. (I enn~~ . mcnainaraiclltouse. mn Rep. Mark Olson, (651) 296-4237, rep.mark. olsonrt~house.nin Rep. Aaron Peterson, (651) 296-4225, ~. aaron.Aetersan'ahouse.mn Rep. Neil Peterson, (651) 296-7803, re~ra.neil.Aeteason;ixho~rs e.mn Rep. Marty Seifert, (651) 296-5374, r .ma ~.seifervi~house.mn Rep. Lynn Wardlow, (651)296-4128, re~.1S•nn.«ardlowr.~house.mn Rep. Andy Welti, (651) 296-4378, rep.and~ .~~~ elti;cc±house.mn Questions? ContactLaura Of~erdahl at (651) 281-1260 or at ivi7i:rdr~hl;c[%lfsinc.org Street utility bill narrowly clears hurdle in Senate The Senate Transportation Committee took a neutral position on the League's street utility initiative, SF 366 (Marko, DFL-Cottage Grove), at a Thursday heazing. On a vote of seven to four, the bill was passed without recommendation to the Senate State and Local Government Operations Committee. A prior motion to table the bill was defeated on a vote of five to five. March 11, 2005 Page 3 The committee heard strong testimony by the bill's author, Senator Sharon Marko, and by city officials, that street utility authority would provide a fair and much-needed tool for street preservation funding. The bill ran into trouble when some key supporting senators left the hearing to attend other committee meetings. Subsequently, cities lost a couple of swing votes on the committee to the bill's opponents. Representatives of the Minnesota Multi-Housing Association, the Minnesota Trucking Association, the Minnesota Grocers Association and the National Association of Industrial and Office Properties used familiar arguments that cities would use the fees to unfairly "tax" businesses and that property taxes should sufficiently cover the cost of street maintenance and reconstruction. They also charged that the mechanism used to calculate the fees-trip generation rates-is obscure. In fact, the trip generation information would be taken from the Institute of Traffic Engineers (ITE) Trip Generation Manual, which is widely accepted by engineering and planning professionals. The manual is a key source of information used to make decisions about traffic management; safety and development. Some members of the committee noted that they had not heard from city officials in their districts on this initiative and were not inclined to support it without local pressure. The next hearing on SF 366 has not been scheduled. The outcome of this legislation will depend largely on the ability of city officials to make the case that this street funding tool would be useful and would be implemented carefully and fairly at the local level. Fa mace infomt#ion on city legislative issues, contact arty member of the League ofMumesota Cities Intergoveuurteidal Relatiadu team. 651.281.1200 or 800.925.1122 /~ Mar 11 2885 16:59:38 Via Fax -> Administrator Page 884 Of B85 -.~ ~~- .~.,: ,;.:: ~~C rr•+n......~ AI ino....rn f .'irin. -Fri da F ax- Y A weekly legislative update from the League ofMinnesota Cities League members have a small remaining window of opportunity to influence this legislation. If your city supports the initiative, now is the time for you to infoml or remind your legislators of your interest. To learn more about the street utility initiative, go to the League's Street 1.~tilitY Action Toolkit on the LMC website (z~~>v~~~.In~ui.c.or~). Questions? ContactAnne Finn at 651.281.1263 or at c~i'irzr7'CE~im.rzc.or•~ E~ctracurricular activities to remain in schools for no~v HF 1090, a bill that would have shifted responsibility for student activities such as sports and arts from school districts to local governments, met its demise this week in the House Education Policy and Reform Committee. The authors, Rep. Mark Buesgens (R-Jordan) and Rep. Mindy Crreiling (DFL-Roseville), said the bill had been introduced in an effort to help facilitate a discussion about the use of education dollars and the appropriate role of schools. The bill was greeted with alarm by educators, students, parents and local government officials- The authors acknowledged the initiative was controversial and, after several committee members and testifiers made it clear there was little appetite for this shift, they agreed to lay the bill on the table. March 11, 2005 Page 4 The Senate companion, SF 1381 (Pappas, DFL- St. Paul), has not been scheduled for a hearing. Questions? Contact Anne Finn at 651.281.1263 or afinn@Imnc.org. Liquor law changes discussed this Monday The Senate's Liquor Subcommittee will meet on Monday to take up a number of liquor related bills. Among the bills they will hear that impact cities are: SF 1444 (Anderson, DFL-St Paul) mandating that cities issuing liquor licenses perform two compliance checks a year per license, and setting a minimum administrative penalties for sales to minors. SF 11 ~ 1 (Ourada, R-Buffalo) prohibits any new municipal liquor stores. SF 14,5 (Kleis, R-St. Cloud) requires any city with a municipal liquor operation to issue an off-sale license to any qualifying entity. The committee will take a vote on SF 1444, but will not on either of the municipal liquor bills. The wine in grocery stores proposal, SF 157'? (Scheid, DFL-Brooklyn Park) is not scheduled for this hearing, although many of the issues brought forward in these bills are some of the same arguments made for expanding the sale of wine to grocery stores. This bill was introduced this week in the Senate; the companion is HF 17L7 (Beard, R-Shakopee). The House companion committee, the Liquor subcommittee of Regulated Industries, will meet Monday night to hear the non- controversial local bills. The hearing is at 7 pm in the State Office Building, room 500 North. House staff has said they will not be taking up any controversial bills at that hearing. For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.2811.1200 or 800.925.1122 11'n Mar 11 2985 17:68:11 Via Fax -> Administrator Page 695 Of 965 -,~ ~:. ;~-- I~MC r~a;,.,..,~ nliaan.na t.,nor r~itiur pnnmdina .warn nrn -Fri da F ax- Y A weekly legislative update from the League ofMinnesota Cities Commerce Subcommittee on Liquor Chair: Sen. Sandra L. Pappas 12 noon Room 15 Capitol Agenda: SF 1280-Skoe: Minors alcoholic beverages purchase, possession or consumption strengthened restriction. SF 1444-Anderson: Alcoholic beverage sales to minors mandatory civil penalties and compliance checks. f~F 1535-Dibble: Authorizing the city of Minneapolis to issue an on-sale license. SF 107?-Hann: Eden Prairie on-sale intoxicating liquor license. The following bills will be heard for discussion only; no votes will betaken: SF 1130-Kierlin: Wine sales exclusive agreements prohibition. SF 1131-Cnuada: Municipal liquor stores establishment prohibition. SF 132^.-Dibble: Beer market dual distribution prohibition repeal. SF 1435-Kleis: Municipal liquor store cities off-sale licenses issuance. SF 1585-McGinn: Modifying law relating to wholesaler- retailer relationships. Questions? ContactJenn O'Rourke at 651.281.1281 or at,iorourkera~lnanc.cn-~ Committee meetings Committee schedules are changing frequently. To get the latest information on committee agendas, check the legislative websites Lesislative home a e Make your city's voice heard at the Capitol-State of the Cities Legislative Conference set for March 31 The State of the Cities Legislative Conference is set for March 31, 2005 and will be held at the Four Points Sheraton, St: Paul. This conference is followed by the City Day at the Capitol-the March 11, 2005 Page 5 perfect chance to meet with your legislators and tell your city's story. At this conference, you'll: • Learn about key legislative initiatives and issues facing cities this session, including transportation, land use and water quality *. • Hear about the 2005 State of the Cities Report • Learn how Minnesota cities are coping with fiscal pressures and how our cities compare to other states. • Find out about the Financing Local Government Task Force recommendations. • Hear from legislative leaders. • Network with other city officials and learn how to foster closer state-local partnerships. • Stay on for the networking social hour from 4 to 6 p.m. at the Kelly Inn, Sweetwater Bar and Grill. Registration Fee: $75 person Questions? Contact Cathy Dovidio at (651) 281-1250 or (800) 925-1122, or a-mail: c.dovxclxo!iz;lmnc .ors Register online anytime at: fJnline Revistrati~m *Also learn more about impaired waters at legislative update sessions on April 1 or 8. For more information visit Impaired ~~Taters Far mere information on city legislative issues, ceaitact arty member of the League of Mirmesda Cities lntergovemmental Relatioats team. 651.281.1200 or 800.925.1122 17 City of Eagan Mc~o TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 14, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Schafer Richardson Ryland Development Agreement -The staff, consultants and City Attorney are negotiating the Development Agreement for the redevelopment of the core area and staff will coordinate the details of the negotiation with the Council Finance Committee. _ To avoid a conflict of interest related to having the City's bond counsel and the developer's attorney in the same firm, the developer has selected a different attorney to represent them in this negotiation. As a result, a revised goal of April 19 has been set to bring the agreement to the Council for action. • Acquisition and Relocation Plans -Staff is working with the developer to implement the Council direction to acquire and relocate properties and businesses in the redevelopment area in a timely manner. Staff is continuing discussions with a number of property owners regarding willing seller-willing buyer acquisitions within the area. • Communications Activities -The City's Cedar Grove Redevelopment website has an updated format recommended by the Council's Communications Committee and content is being updated on a monthly basis to provide new information to those interested. • Nicols Ridge -The Joos Electric Relocation Agreement is on the March 15 EDA agenda. At this point either the City or the developer own all of the property for the Nicols Ridge project except the Yarbrough property, which will be part of the third phase of that development. • Financing Plans -Staff and the consultants are providing information to the Council Finance Committee for the long term financing of the overall project. The developer has also asked Ehlers to perform a sensitivity analysis on the effect of adding more of the higher density condo units to the project. If that work results in any proposed changes of the approved concept, those will be brought back to the Council for review. Northeast Eagan Redevelopment District • Grand Oaks Development -The developer has submitted final planned development and construction plans for the retail portions of the next phase of the development. • McGough Office Project -Negotiations on the development agreement for the Blue Gentian Road property are continuing. It appears that a draft final development agreement will be ready to present to the City CounciUEDA in April or May. • Retail Development Potential -There is continuing interest in potential retail development in the Hwy 55 area. Staff will provide specific information to the Council if a specific project comes forward.. l~ ~,~2' City of Eagan Nero TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINTSTRATOR HEDGES DATE: MARCH 14, 2005 SUBJECT: ADDITIONAL INFORMATION /MARCH 15, 2005 CITY COUNCIL MEETING There are no items for the Additional Information Memo. s/s Thomas L. Hedges City Administrator