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05/02/2000 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MAY 2, 2000 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE IL ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS (BLUE) ,A. AMEND budget, receive bids & award contract (Sewer Maintenance - Camera) n B. RECEIVE bid and award sale of $3,425,000 General Obligation Improvement Bonds, Series Y 2000A p � Jj) C. CONSIDER a resolution approving sale of $2,305,000 Eagan Economic Development Authority Development District Revenue Bonds, Series 2000 and authorizing the execution and delivery of the loan agreement pAdjourn City Council and convene as the Eagan Economic Development Authority Ail A. RECEIVE bid and award sale of $2,305,000 Development District Revenue Bonds, Series 2000 Reconvene as City Council V. CENSUS 2000 UPDATE/COMMUNITY CENTER Rbke.itENDUM UPDATE (BLUE) VI. CONSENT AGENDA (PINK) p'11 A. 49-73 B. p77c. p?'D. irp83E. pi4F. 5G. p p9.3J. D9JK. pg5L. Pyr M. /9 7N. 09 PILO P. p1DI P roa R. P '14 S. PERSONNEL ITEMS FINAL PLAT and FINAL PLANNED DEVELOPMENT, Burr Oak Business Park - JBL Capital Inc. SET Saturday, May 20, 10:00 a.m. Eagan Maintenance Facility, 3501 Coachman Point, as the date and location for the 2000 City Auction DECLARE bicycles, unclaimed property and miscellaneous City property to be surplus DECLARE computer hardware and software surplus for either sale at auction or donation to Dragnet CONSIDER approval of a temporary on -sale license for Intergenerational Living & Health Care CONSIDER approval of list of election judges for the June 6, 2000 special election CONSIDER approval of an on -sale liquor license application for Red Robin Restaurant PROJECT 754, receive feasibility report/schedule public hearing/authorize ad for bids (Hilltop Estates - Street Overlay) PROJECT 780, receive feasibility report/schedule public hearing/authorize ad for bids (Galaxie Avenue - Street Overlay) PROJECT 781, receive feasibility report/schedule public hearing/authorize ad for bids (Vienna Woods - Street Overlay) PROJECT 782, receive feasibility report/schedule public hearing/authorize ad for bids (Old Sibley Memorial Highway - Street Resurface) PROJECT 783, receive feasibility report/schedule public hearing/authorize ad for bids (Wilderness Park - Street Overlay) CONTRACT 00-04, receive bids/award contract (Duckwood Drive - Street Overlay) CONTRACT 00-09, approve plans/authorize ad for bids (General Government Buildings - Reroofing) PROJECT 680, approve no -parking resolution, (Cliff Road - Street & Utility Improvements) PROJECT 742, receive final assessment report/schedule public hearing (Wescott Woodlands - Street & Utility Improvements) EXEMPTION from lawful gambling license, Valley Viewers 4-H Club to conduct bingo at the Fourth of July celebration CHANGE Order No. 8, Cascade Bay pIos T. VII. 6:45 PUBLIC HEARINGS (SALMON) .PID1 A. pl f? B. p D 1�3 VIII. OLD BUSINESS (ORCHID) IX. NEW BUSINESS (TAN) pis P 113 B. pj c. pI Ii D. Old, E. �F. p The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Updated 4/27/00 2:50 p.m. PROJECT 749, approve Cooperative Agreement with MnDOT (E. Highway S. Frontage Rd. Street Access Management Improvements) CERTIFICATION of delinquent utilities CERTIFICATION of delinquent false alarm bills VACATE public right -of -way (Murphy Farm 2nd Addition) VACATE segment of public right -of -way (Marice Drive from Sherman Court to High Site Drive a portion of High Site Drive from Marice Drive to I -35E) PLANNED DEVELOPMENT AMENDMENT Thompson Realty Group, Inc., to amend the use of Lot 4, Block 1, Soderholm Addition from a medical facility to a child care facility, located at 1085 Diffley Road in the SW 1/2 of Section 23 CONTRACT 99 -14, receive bids /award contract (E. Highway 55 S. Frontage Rd. Louis Lane Street Utility Improvements) PROJECT 768, authorize purchase of MnDOT land (Northwood Parkway Right -of -Way) ORDINANCE AMENDMENT City of Eagan, to the Eagan City Code amending Chapter 12 entitled "Subdivision Regulations" establishing a minor subdivision procedure INTERIM USE PERMIT SMC Compost Services, to allow continuation of a compost site on 15 acres legally described as Outlots G, H, and I, Gopher Eagan Industrial Park No. 2, located at 805 Yankee Doodle Road in the SW 1 /4 of Section 12 INTERIM USE PERMIT Max Steininger, Inc., to allow continuation of concrete recycling on property described as PID #10-01300-012 -26, located in the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the SW 1 /4 of Section 13 CONDITIONAL USE PERMIT Eagan Hardware Hank, to allow outdoor storage on Lot 1, Block 1, R B Addition, located at 1320 Duckwood Drive in the NW 1 /4 of Section 15 CONDITIONAL USE PERMIT Mega Excavating, to allow outdoor storage and an above ground fuel storage tank on Lot 4, Block 1, Halley's Addition, located at 4841 Biscayne Avenue in the SE 1 /4 of Section 36 ADOPT Zoning Map City of Eagan CONSIDER position on Runway 17/35 flight tracks X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT XIV. EXECUTIVE SESSION M NI TES :;P {'f� M ;a G OF THE Eagan, Minnesajik;:; March 21, 200.„ A regular meeting of the Eagantixtl.d on Tuesday, March 21, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present weeing:t%ida and Councilmembers Masin, Blomquist and Carlson. Councilmember Bakken was absent on military duty. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. City Administrator Hedges stated that tikominuiti4i Facilities Task Force was holding a public information meeting tonight and a repres,tive wpylld be present later in the Council meeting to provide an update. Councilmember Carlson movia seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 MUTES OF MARCH 6 ..2000 REGUL M1EE `TG Mayor Awada requested theJ}wing change to the fifth sentence in the third paragraph on page five, "Councilmember Masin co Councilmember Blomquist in wanting to ensure that the Council's intent to pay off the bond debt was 'i a Qrd." She also requested that on page niiicthe vote,.ERi2interim Use Permit Northwest Airlines, be changed as follows, "Aye: 3 Nay: 0 (C1kti:.lO£om'quist abstained)." She further requested that th4t sentence in the seventh paragraph be changed as follows, Councilmember Carlson asked if it would be possible to repeal the assessments to the three property owners and bill the developer for the full amount." Councilmember Carlson moved, Mayor Awada seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 Ron Miller, 3217 Donald Avenue, comn>ed on t:troperty maintenance ordinance and requested that commercial properties be indudsibn the oi3301ce also, especially ones that adjoin residential properties. Councilmember Carlson recommenniQd that the Council schedule further discussion on the ordinance at a future work session. Larry Poppler, 3030 Poppler Lane, referred to the request of the Council to reconsider the assessments to the property owners on Poppler Lane at the Council meeting. He noted that Mayor Awada and Councilmember Carlson rejected this request ifig, he further asked that the City Attorney examine the assessments with regard to reasonable cause tiii4xcessiveness. Councilmembbr Blomquist s4 $uce the by one -half to the neighborhood. She added that this neighborhood has been assessed more than any other neighborhood in the City. Councilmember Blomquist moved, Councilmember Masin seconded a motion to reduce the assessment to the properties on Poppler Lane by one -half. Councilmember Masin asked who was assessed as a developer. Mayor Awada stated that Larry G. Poppler, Sr. was the developer. Councilmember Masin noted that no other resident has ever been YOUTH SUMMIT UPDATE City Administrator Hedges provided an overview on this item. Karen Luchka and Brandon iclktityikii:iiitift4ttWyAtgqe Council regarding teen smoking and the need for additional teen center space. Counpilmember I44sin suggested that a teen task force be created and also suggested that the teens could gifigract wittigie Community Facilities Task Force. Mayor Awada suggested that models of other **ask forte; in other cities be reviewed prior to the creation of one. City Administrator Hedges nothat sta:giuld contact the LMC to obtain various structures of then task forces. Councilmember Blomquist noted that the number one response to the community facilities survey was the need for a teen center. She added that she would like to see the formulation of a youth council. Councilmember Blomquist moved, Coundlmemb*Folasin seconded a motion to direct staff to prepare information on a teen task fcd; s gqt; itt be April 11, 2000 special City Council meeting. Councilmember Carlson said that she would like WO involvement from the beginning and suggested that the teens draft a plan to get other teens invaed. Assistant City Administrator Verbrugge noted that the Eagan Healthy Communities Initiative is sponsoring an intergenerational dialogue on 8 from 9:00 a.m. to 2:00 p.m. at Blackhawk Middle School. A vote was taken on the motion. Aye: 4 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 3 f•• .z CITY COUNCIL 1 ATE/NLC CONFP E Wt NCF./HOME SHOW Councilmember Masin commezt{i the succg ;4►e Home Show held at the Eagan Civic Arena and thanked Civic Arena Manager staff for their hard work. Mayor Awada noted that she and the other three Councilmembers attended the NLC Conference held in Washington, D.C. Councilmember Masin stated that the NLC president's focus is on eliminating racism. She added that the President of the United States spoke to the group on racism. She further added that the City can make sp ;qk; ,ard t0•f lv..ersity. BAND SHELL UP6EAGA0iOTARY CLUB John Cuurlee, representing the Rotary C1rztrodup'9fkfellow Rotarians who were present and conunented on their intent to partrierlAthAg e.. c of a band shell. He read the following motion that was passed by tfiertidije 4 Rotary Club shall offer up to $140,000 towards the construction of a band shell on Engan's ddiiliQ Area Park, including up to $55,000 dollars in cash irrunediately with the balance coming in the form of cash services and other in-kind contributions as determined by the Club over a period up to five years with the understanding that the Eagan Rotary Club will be assured due and proper recognition for its contribution and have meaningful control over the architectural design of the band shell." Councilmember Blomquist miSveikigiiii*llaRember Masin seconded a motion to accept the Eagan Rotary Club donation for the constrtiChWkiti***§hell on the proposed Central Park site. Aye: City Administrator Hedges nikkiiced a map identifying previous rates of return as it pertains tO Census information. Councilmember Masin commented on the hiring of Census workers and noted that she attended a Census Update meeting a,t the NLC Conference. Councilmember Blomquist encouraged residents to return their Census forms. A. Personnel Items Item 1. It was recommended to approve the hiripf ThonnBohrer as a Community Service Offence. Item 2. It was recommended to approve the hiring of KristTP6rster as a Clerical Tech III /Receptionist for Central Services Maintenance. Item 3. It was recommended to approve the hiring of a person or persons to be recommended for hire as a temporary building inspector(s). Item 4. For the Council's information, the name of the persdi'fihired as the Clerical Tech II in Finance is Maria Pierce and the name of the per iZ 3 :inglirlician Assistant for the Cities of Eagan and Burnsville is Jason Deal. Both of these: c;#gQ'tnrei►. .i lsi. at the March 6, 2000 regular City Council meeting. Item 5. It was recommended to approve the hiring of Chr1 i l yens, Brenna Beers, Karen Hendrickson, Travis Hibbard, Angela Knoll, Dan Milis and Jacqueline Scholz as seasonal lifeguards for Cascade Bay. Item 6. It was recommended to approve the 'hiring of Ian Wright as a seasonal concessionaire for Cascade Bay. Item 8. It was recommended to approve king of ti un itz as a part -time seasonal recreation leader. Item 9. It was recommended to approve the hiring of Kelly Thompson as a part-time seasonal supervisor for the Civic Arena. B. Final Subdivision (Oakbrooke 4thAstlki#00 f Minnesota Inc. to create 76 single family residential lots on property locks Diffley Road and Deerwood Drive in the SW' /4 of Section 21. It was recommended to ape a Fin:Subdivision creating 76 single family detached dwelling units upon property curren Tatted a§•)atlots A and H, Oakbrooke and located north of D i f f l e y Road and east of I -35E in t h e S of Secti t?21. C. Final Subdivision (Town Centre eril) Elder Tones Company, to create two lots on property located north of Town Centre Drive and eNstt of O'Leary Lane in the NE 1 /4 of Section 15. It was recommended to approve a Final Subdivision entitled the "Town Centre 100 Eighteenth Addition" located north of Town Centre Drive and east of O'Leary Lane (upon property currently platted as Outlot B, Town Centre 100 Sixteenth Addition) in the NE 1 /4 of Section 15. D. Final Plat (Cedar Cliff Commer'tcl)Fifth Addition) Cedar Cliff Properties, LLC to create a single lot on property currently descilli61tAi A, Cedar Cliff Commercial Park 3rd Addition and located north of Cliff Road and east of Nico?5'fce,E 1/4 of Section 30 It was recommended to approve a Final Plat (Cedar Cliff (Cedar C}i€f CommeYi'faf k 5th Addition) to create a single lot on property currently platted as Outlot A, Cet#ar h (C, ic%Yta1 Park 3rd Addition and located north of Cliff Road and east of Nicols Road in the.S :i}4 e 4 h 3d: E. License renewals for the year 2000;c6nimercial fertilizer and tobacco. It was recommended to approve the commercial fertilizer license renewals and the tobacco license renewal for the year 2000. F. Proclamation, proclaiming March-24, 2000 as Burnsville /Eagan Community Television Volunteer Appreciation Day. It was recommended to adopt a proclamation proclaiming March 24, 2000 as Burnsville /Eagan Community TeleiWitpkg3Wtoreciation Day. G. Contract 00-01, authorize preparation of p14andspe,,(Cliff Road Water Treatment Facility Masonry Restoration). It was recommended t¢;iithorize; firm of Bonestroo, Rosene, Anderlik and Associates to provide detailed plans, specificais, contradministration and construction management for Contract 00-01 (Cliff Road Wilt§ Treater Facility Masonry Restoration). H. Receive petition /order public hearing easement vacation (Gardenwood Ponds 4th Addition). It was recommended to receive the petition to vacate a portion of a public drainage and'utility easement and schedule a public hearing to be held on April 18, 2000. I. Receive petition /order public hearing easement vac (Royal Oaks). It was recommended to receive the petition to vacate public drainage and utility irements and schedule a public hearing to be held on April 18, 2000. J. Extension for recording the final plat, Ballantrae 2nd ctciition. It was recommended to approve a 90- day extension for recording the final plat for Ballantrae'Addition for property located south of Silver Bell Road and east of Beau de Rue Drive in the NW 1 /4 6f• on 20. K. Final Plat, Pines Edge 4th Addition, Shamrock Development. It was recommended to approve a Final Plat (Pines Edge 4th Addition) consisting of one lot at White Pine Way and Sycamore Drive in the SE 1 /4 of Section 36, and a private driveway agreement. PROJECT 788, TH 3/GA,RDENS OF EAGAN (UTILITY IMPROVEMENTS) City Administrator Hedges prbt i tcve�.y}ew on this item. Before asking staff to present the re rt, Mayoi''ky.add noted that two of the three original petitioners no longer appeared to be in sup *t of A fter asking how many of the affected property owners were present, it was notes kf iirdwners representing the five parcels were present. She then opened the public ligtaiiigialfiyone wishing to speak. Ralph Hanson, 4395 South Robert Trail, stated that he is not supportive of the project as it stands. He provided background information on how the project was initiated. He said that the residents feel the proposed assessments are too high and would like the City to consider sharing in the cost. Discussion occurred regarditiPii s dk et:t gter lots. Development /Design Engineer John Gorder noted that the property is guided LW and thei dedicated right -of -way on the property to the north, which could provide for access to tigiikof the pWels. Charles Wachter, 4375 South Robert Tra' 9tated **hen the Autumn Ridge Development was developed the residents were informed that a stub corifteftion was available to City utilities. He noted that he has no need to connect to City water and sewer at this time and added that the only way he could afford the assessments would be to subdivide his property. Pat Diffley, 4385 South Robert Trail, stated that in an engineer from the City told them that the residents would have access to City water and sewer blogifyse James Development, the developer of Autumn Ridge, would provide it. She added that the acceiiniras never provided and said she could not afford the amount of the assessment.*Mgengyflififf should be designed and the City should bear some of the cost of the project. Development /Design Engineer Gorder stated that;;iote in the file indicated-that the City's' Design Engineer at the time met with property owners in and there was an agreement to the plan. Martin Diffley, 4385 South Robert Trail, said that he had granted permission to Lyman to run the sewer and water line across his property: He expressed concern about the potential tree loss and access to Highway 3. He noted that he has no need for City sewer and water. There being no one else wishing to speak, Mayor Awada dosed the public hearing. EAGAN CITY COUNCIL MEETING NIINIZT MARCH 21 PAGE 6 Councilmember Carlson movec1ayor Awada seconded a motion to deny Project 788 (TH 3, South of Diffley Road /Gardens of Eaga r Utility Improves). Councilmember Marin suggested tTii tigilgi ;bA. d*t hued because she wanted more information. Councilmember Carlson stated thafflie property owners are not in support of the project as proposed. Councilmember Blomquist said that the project should be denied and staff should research other alternatives in an effort to reduce costs. Councilmember Carlson said that detailed research should not be undertaken at this time since none of the property owners are interested in subdividing their property. Councilor osio4 :gbe:jqoperty owners if they would be in favor of the project if the assessments were i 6ik'fi Ri t tkgperty owners indicated that they would be in support if the assessment amount were load. May .3Swada stated that all of Eagan will eventually develop and added that she was not ng to research this issue now but would do so at the time the property owners want to subdivide. Mr. Hanson noted that a conneAog4t7' water is necessary to male the properties more saleable. L Mayor Awada asked why the c,14fk, j;gwer des Development Agreement. Senior PI$q Councilmember Carlson stated that properties with well and septic systems are saleable because she recently sold a house with both. Councilmember Marin added that she wanted to continue this item because the necessary documentation stud calculations are not available. Councilmember Blomquist said' €i t 1 1 does not need to continue action on this item but could continue to determine what happene .to the lack of connection to City utilities. A vote was taken on the motion. Ai 3 l t11:40Aiincilmember Marin opposed) Mayor Awada moved, Councir'giomquist seconded a motion to direct staff to research other options for land use alternativestid City financing. Mr. Hanson requested that the City consider sharing in the expense and completing the project in such a fashion that does not intrud4'on Martin Diffley's property. Councilmember Marin state stateciW4iggliggkifgl!ftp to find out what the property owners had been promised and why the con itioiii*i9'si6ieY tti vailable to them. A vote was taken on the motion. Aye: 4 1*ay: 0 CLARIFICATION OF SIGNAGE PLAN, EAGAN TRANSIT FACILITY MVTA City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. li d'not been included in the Planned `:be Planning Department had inadvertently overlooked its indusicm. Mayor Awdi$41 sent to the City on September 1,1999 from the MVTA's consultant, LSA Design, identifying a nu of items they were willing to incorporate into the design of the site. She further noted **The items were inadvertently not included in the PD Agreement. Jim Lasher, LSA Design, stated that the MVTA was informed that they will be receiving funding for this project. Mayor Awada asked the City Attorney if the minutes serve as the official record. City Attorney Sheldon stated that the official record of the City Council is the minutes. He noted that the Final PD has EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 7 not been executed and therefore no agent exists betwe‘ ie City and the MVTA. He added that both parties need to agree to the agreeiii2nt for it to be valid:"' Mayor Awada said that she voigif4mizeort otAgOtoject because of the benefits to the City of Eagan and felt the transit station would h4 igstAti i ntown area She added that the parking at the transit station could be utilized for events afi'ht'iitral Area Park. She further added that the transit station should be designed to incorporate character because it will become a major corner in Eagan. She stated that she watched the video tape of a Council meeting from six months ago and it was dear that the clock tower was going to be added to the PD. She further stated that the memo is clear about what the Council agreed to. Shemiitti Ati. 14.towRr and parking arrangements are two crucial elements of this project. Councilmember Carlson said that she vagagainstVii transit station because of the location. She added that the memo dearly outlines cliscusgart and a gents that occurred and should be included in tht PD Agreement. Mayor A a4* i A Lhat toundl is on legal ground because there is not a signed PD Agreement. Counc *Wki'Blo> BtytEited that the dock tower and signage had not been discussed by the Council. She added that she hgd been concerned about the height and location of the dock tower. Director of Public Works Colbert noted that it is proposed to be located near a signalized intersection, which would not pose significant sight concerns. Mayor Awada referenced minutes that stated the clock tower matter would be brought back to Council for discussion. CoundlmemliA mauist said that she was opposed to an increase in the dock tower height over what the Council ha& :a eed to She commented that the language regarding "City of Excellence" should not be'fffthi t;ts %kg signage. She suggested using the City's Lone Oak Tree logo. Councilmember Masin stated that „6 :6pposed to the location and design of the clock tower as proposed by LSA Design ad' l:: blends in better than what was previously proposed. Councilmember Blomquist concurred> buncilmember Masin also added that it should not be necessary to have an agreement with the MVTA for the use of the parking structure for community events since the City of Eagan is part of the MVTA. Mayor Awada noted that the conditions were not included in the PD Agreement but should have been. Coundlmember Carlson s i :;c; .a addressed in the memo. Mayor Awada asked the City Attorney what the conditions were included in the Final PD Agreement. City Attorney Sheldon stated t1 4J the Council feels the conditions should be included, and they are not at this time, then there is no agfient bet?Ken the City and the MVTA presently. Councilmember Carlson added that the memo 3repareji:l}y the design consultant and the Council should include the conditions in the PD Agreemislif: Mayor Awada proposed that the Council work with the MVTA on the design of the clock tower. Mr. Lasher suggested adding it to the stair tower because it would give the corner a cle and identifiable image, it would not restrict vision or require any additional setbacks. Additional discussion occurred regarding the appi'ilgiate design and location of the dock tower. Senior Plannet Ridley noted t 1 t 'ing commercial signage on the east side of the parking structure. Councilmember Masin stated that th ouncil has been trying to restrict signage and billboards along major roads; however, she added thif Ais request does not appear to be any gorse than other signs that appear along the freeway. Councilmiiiiiter Carlson stated that she was not in support of this request. Councilmember Masin noted that even with the additional signage they would still be below the allowed signage. Councilmembers concurred that the proposed signage for the east side of the parking structure at the MVTA transit station was not acceptable. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGES City Administrator Hedges reiiced the SeptembQit 1999 memo from LSA Design and stated that the City Council could take' *ction to include the cariditions within the PD Agreement and make any necessary revisions to the mebi*. Councilmember Blomquist stated. t S3f ject to the inclusion of the memo; however, she did object to the design of the dock tower :iti it elusion of the "City of Excellence" language and suggested this language be deleted from the memo and replaced with the addition of the Lone Oak Tree logo. Councilmember Blomquist momtgikgritsgajoetpkg seconded a motion to incorporate the September 1, 1999 memo from LS1040 i:il R:#1 2: ement subject to the City of Excellence language being struck and the addition of the Ci(ki`$iLone :Tree logo into the signage plan. Aye: 4 Nay: 0 Counc Blomquist may cAriiiitlititgmbitt in seconded a motion to delete reference to the corner monument clock:tbm:#:iC$nditions and to approve the clock tower element as part of the stairwell structure as shown on r4ie ievised elevation rendering. As a point of clarification, Councilmember Carlson stated that the Council direction is for staff to summarize applicable conditions found in the September 1, 1999 memo from LSA Design and incorporate those into the conditions of approval for the PD Agreement. Mr. Lasher comented that th y ►gto work with the City Council on the design of the clock tower feature Councilmember Masin expressed hOc,Jesire.ta a titter vote to approve inclusion of the September 1,1999 memo into the PD Agre eitlstt;: Councilmember Masin move4 E!6i nciimember Blomquist seconded a motion to allow Councilmember Masin to rescind her previous vote. Aye: 2 Nay: 2 (Mayor Awada and Councilmember Carlson opposed) The motion failed for lack of a majority. City Attorney Sheldon was asked to determine the appropriate procedure for rescinding a previous vote. The meeting was recessed at 8:55 p.m.* reconvene i at 9:05 p.m. City Attorney Sheldon reported that a would b *scinded by Council consensus. Councilmembers concurred to allow Councilmembi i+i'4 asin to rescind her aye vote. The vote on the following motion was revised to reflect the rescission: Councilmember Blomquist moved, Councilmember C.arrlson seconded a motion to incorporate the September 1, 1999 memo from LSA Design into the PD;:eement subject to the City of Excellence language being struck and the addition of the City's Lone •Tree logo into the signage plan. Aye: 3 Nay: 1 Councilmember Masin SOLID WASTE ABAT'EMEN'T .COMMISSION City Administrator Hedges provided an overview:tai his item. Councilmember Carlson said that she preferred to have the word recycling included in the name of the commission. Councilmember Masin questioned the redundancy of including recycling in the title when it means the same as waste reduction. Mayor Awada noted that the purpose of the name change is to attempt to attract more applicants to the commission. ECONOMIC DEVELOPMENT Cc J4 SIDERATION OF HOTEL STUDY City Administrator Hedges provided an overview on this item. Julie_Stackhouse, EDC Chair, discussed the subcommittee's initial findings and provided background information on a previous .E **#g4.1x9tel•Sp.fl.: She also talked about the effects that additional hotels will have on occupan4 f$# f:;33ik ¢i 1 Q t girection from the City Council regarding what they would like the subcommittee to study;.::: Coundlmember Blomquist moved, Ma Development Commission to complete /1.R* six months. Further discussion occurred on the specific areas to be studied. Mayor Awada refined the language in the direction identified on page 83 of the Council packet as follows: 1. Examine in depth the goonomic growth in the area to determine if there are new businesses or attractiasitx.,proposed that might generate the need for an increase in hotel rooms in the futuYO: 2. Examine the facility and sere needs Of inalof market sectors, and determine what needs are not met. 3. Make recommendatioiL4Oi ghi limit the type, timing, or number of new hotels in the community taking:4kb account public, safety concerns and the Cedarvale Redevelopment Area. Awada sided a motion to direct the Economic t.:of Eagan's hotel industry within the next Greg Miller, representing Wispark, expressed concern for the lack of hotels in the Highway 55/149 area. He added that although one area of the City might be overbuilt another area might be under served. Mayor Awada and Co li i gigr1 ed that the study should also review lodging needs throughout the City anatijiiig:iiiiiiii; atiiiiiiiirds for any new hotel development. Ann Carlon, Executive Director of the CitigRintion still in need of full service hotels. A vote was taken on the motion. Aye: 4 Nay: 0 N: I3S. N0S REZONING (PRELIMINARY PLANNED DEVELOP') GLEN POND APARTMENTS PRELIMINARY SUBDIVISION (4* SS 2ND ADDITION) City Administrator Hedges pifigaiNOWicgiKihis item. Senior Planner Ridley gave a staff report. Dick Krum, architect for the property owner, comitilci ted on the tree loss and•stated that the trees on site are not significant woodlands that would be iiidirporated into an urban landscape plan. He noted that most of the vegetation on site is volunteer growth. Senior Planner Ridley stated that size, not type, determines whether a tree is classified as significant. He said that the trees on the site are considered significant according to a strict review of the City Code. Mr. Krum said they would like to reduce the amount of mitigation because they feel they Visitors Bureau, stated that the City is Platting We Coundlmember Masin questioned.wbBfi;3 ig;publiring will be held with regard to Marice Drive and asked if it would be apprope oit:#Xie rii#i;inke Moonshine Park a more viable park for this area. Senior Planner Ridley said tliaE ttie Marice' iii public hearing will follow the approval of the rezoning and subdivision. He noted that the study of Moonshine Park was undertaken by the Parks Department in January and is ongoing at this tune. Councilmember Carlson moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision (Effress 2nd Addition) to Cteete.four lots on approximately 24.6 acres located east of Pilot Knob Road between Marice Drive an isfpe Drive in the SW 1 of Section 10, subject to the following conditions: Standard Conditions 1. The developer shall cgrvp standard conditions of plat approval as adopted by Council on Februa:;199: B1, B2, B3, B4, Cl, C2, C3, C4, D1, and El. 2. The property shall be platted. Water Quality 3. This development shall meet its90ier qual*irequirements through creation of treatment ponding. A minimun(i; *t- ponditlume of 1.25 acre -feet over an area of 0.53 acres should be provided to tree storn:g*.fter generated by this development. The specific details of the location and design ciliate water quality pond shall be according to the recommendation of the Advisory Parks Commission. Easements/Rights-of-Way/Permits 4. The developer shall be responsible for theisition of all regulatory agency permits required by the affected agency prior to fii.lat approval. 5. The developer shall afdi **rat vay for future Northwood Parkway, as n show on the preliminary �31at. 6. The City Council has not yet determined t *ublic interest of vacating a portion of Marice Drive and High Site Drive; therefore, a public hearing must be held and the proposed public rights -of -way must be vacated prior to final subdivision approval. Parks and Recreation Platting Final Site Plan Final Building Elevations Final Landscape Plan Final Signage Plan Final Site Li •11 8. Park and trail dedicaticisalipteeMPAtfr 4ite. fulfilled as recommended by the APrC. 9. Trail access be provided from thigOvelop414 to Pilot Knob Road. 10.. The Applicant shall acquire feeto all lan the development proposal, including 1- the land currently owlyglity: tFina1 Subdivision approval. Aye: 4 Nay: 0 Mayor Awada moved, Coundlmember Carlson seconded a motion to approve a Preliminary Planned Development for proposed Lot 2, Block 1, for development of four apartment buildings totaling 228 units, and for Lot 1, Block 2 for future development of Limited Business uses, subject to the following conditions: Uses 1. The following uses are allot* witJ4Jined Development. Lot 2, Block 1 Four, AiRitiiiiii4Thartment buildings totaling 228 units Lot 1, Block 2 Uses iitIffwed in the Limited Business zoning district 2. The performance standards required for development of Lot 1, Block 2 shall be those that apply to the LB zoning district. 3. The area of Pond CP-AvOg ;#544110*,.yea toward determining maximum density or lot coverage for Ufa,: ;:iatiCiiiiii4Otat lot develops in the future. Agreement 1,:.:.• 4. A Final Planned Development Athifement all be required for each lot prior to construction. The following plans are requiiiii for the Final Planned Development Agreement and shall be consistent with the Preliminary Planned Development: 5. The property shall be subdivided and Airport Noise Considerations 6. The developer shall ensure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA, as compared with a noise level of 65 DNL. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 12 7. As required by City Co �•t#.exterior s g *s shall be treated as a front and have an equally attractive or the s'a i?d3:fieabnent. As part of the Elevation Plan submittal for Final Planned Ogvrliii7itPnt, the applicant shall modify the proposed architectural design and exterior materials to be consistent with that used on the currently existing Glen Pond apartment buildings. Landscaping 8. The landscape plan shall be revi;toinco>ate trees within the yard areas, throughout the parking lot, andinstablislidifkluffers between the buildings and public rights -of -way, especially alon tAuture I 'Qwood Parkway and 1 -35E. The revisions to the landscape plan igor the combined landscape and tree mitigation plan. 9. The final landscape plan shall note that automatic irrigationwill be provided for all landscaped areas as required by the City Code. Additionally, the final landscape plan shall show underlying grading contours and must be prepared and signed by a registered landscape architect or certified nurseryperson. Aye: 4 Nay: 0 Building Elevations Tree Preservation 10. This development shall coq}Oy witli ttie fitx;s,Tree preservation Ordinance, and provide mitigation as recoinended, iclvisory Parks Commission. Signage 11. All site signage shall comply with applicable provisions of the City Sign Code. General Performance Standards 12. All trash and recydatgenmsel*MORWcontained within the buildings. Outside storage of trash and iii:44148iiiiiiiabliktigiiigowed. 13. All requirements set forth in Solig:§111.10,§0division 24 of the City Code shall apply to this Planned Development. ItlikipplicaigiShall submit detailed plans at the time of Final Planned Development deriiiiiistratin& ginpliance with these standards. 14. All plans and building permits for the design and development of Lot 1, Block 2, shall be presented to the APC and City Council for approval prior to permit issuance and development. ORDINANCE AMENDMEN ;i :.QR,A#f EAGAN CITY CODE ENTITLED CONSIatiegikaztakteG, PERMITS City Administrator Hedges provided an overviehipthis item. Councilmember Carlson moved, Councilmember Blomquist seconded a motion to approve an ordinance amendment to Chapter 4, Section 4.01 to reflect legislative changes to the State Statutes. Aye: 4 Nay: 0 City Administrator Hedges prao .gd an overview this item. Councilmember Carlson moved, C *ibmquist seconded a motion to approve the Order to Remove Hazardous Conditions of Bu iiiiiii fopert at 4391 Garden Trail. Aye: 4 Nay: 0 AMENDMENT TO 11 MERATIVE AGREEMENT City Administrator Hedges provided an cwerview on ftis item. c. Councilmember Carlson movexi%Ogiiialfirtifiabekfttiquist seconded a motion to approve a resolution amending the MLC Joint an$=i *tative:A Aye: 4 Nay: 0 2'I MI S T END SPECIAL CITY COUNCIL MEETING TO DISCUSS KOLLOFSKI ADDITION PRORUTY DISPOSAL APRIL 4, 2000 City Administrator Hedges proviS ;A on this item. Councilmember Carlson moved, 0:10cilmemln3Ofp seconded a motion to schedule a special City Council meeting for April 4, 2000 to fu$ r:**WEiffe T ollofski Addition property disposal. Aye: 4 Nay: 0 J ENT City Administrator Hedges noted that a request had been made to hold an Executive Session for the purpose of discussing the Michael Vincent vs. City of Eagan, Mayor Awada and Councilmembers Bakken and Carlson; however, the 1e .coyuq*Re sntui the City was unable to attend. The meeting adjourned at 10:10 p.m. to all#:itjcgc 1�+ r:Jbn an opportunity to share minimal information about the lawsuit in an attorney /che.itKiriee1tiig.:" MLK Date City Clerk. If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681 -60( }DD phone: (651) 454 8535). The City of Eagan is committed to the polite t i ik sons tiave ecjual access to its programs, services, activities, facilities and employment without regard,4o laC A Tor n, national origin, sex, disability, age, sexual orientation, marital status or status with figesigi:o: 4oe t MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 4, 2000 A regular meeting of the Eagan City Council was held on Tuesday, April 4, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present w&t2;3vfayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present weren't Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, amd.c.0.440:ney, Sheldon. Mayor Awada said that a requel tad been made from a member of the audience to change the wording of Old Business Item B, from Accept the report from the Community Facility Task Force on the Community Activity Center to Receive the report from the Community Facility Task Force on the Community Activity Center. She said that she had explained to this person that the words accept and receive have the same meaning; however, she said she would agree to change the wording as requested. She further said that Item XIII., Adjournt of the regular City Council meeting, would occur following the meeting of the Eagan Ecoighic Dev}opment Authority. Councilmember Bakken moved;: ouncilniiiber Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 Councilmember Masin requested the last sentence in the second paragraph on page two be revised as follows, "He said the City also must have the ability to condemn, even if the need eve never materialized." Additional typographical errors were c efi'iflows: In the first paragraph on page Me, presesjvere City Administrator Hedges, City Attorneys Sheldon -ate Dougherty, DirectItiliel4RsIge V'anOverbeke, Director of Public Works Colbert, Assistant City Administrator Verbrugge and Sei*itiii q. dley." In the last sentence on page two, "Planning Consultiiiiangraham concluded by discussing the alternatives to plan redevelopment which include a stable or declining real estate valuation, remodeling of egg existing business, redevelopment of unplanned use, and that redevelopment needs supply will not go away." Councilmember Carlson moved :Awac14. ded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilmeth Y•8 R ?stia3tt c')) i OF M Rc RBG A ti;: Mayor Awada requested the i;Igf• :graph four on page eight, Councilmember Blomquist moved, d �i sest ii.* onded a motion to delete the reference to the clock tower as part of the corner monument cleektewer s ignage from the PD conditions and to approve the clock tower element as part of the stairwell structure as shown on the revised elevation rendering." She also requested• the following para e. ke ins erted before the eighth paragraph on page eight, "A vote was taken on the motion. Ay Eg. j is ar A.wada and Councilmember Carlson opposed) The motion failed for lack of a majority." 'i She further requested the following changes to th r hth paragraph on page eight, n Coucilmember Masin moved, EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 2 Masin to rescind her previous vote. The motion failed for lack of a second." A typographical error was corrected as follows: In the first sentence under Persoiiiail Items on page three, "It was recommended to approve the hiring of Thomas Bohrer as a Communi ,Set ce c Af cer." Councilmember Masin noted that additional language be included in the minutes as outlined in an attachecOit; emorandum from him. Mayor Awada and Coundlmember Carlson concurred that approval of the Otiutes should be continued to allow additional time for review of the.videotape to compare it with Mr. Poppler's request. Mayor Awada said that the Council needs to determine if they want to include a transcription of specific discussion in the minutes. Mayor Awada moved, Councilmember Carlson seconded a motion to continue consideration of the March 21, 2000 City Council minutf#J the Apri118, 2000 City Council meeting. Recording Secretary Karels stat that theiAirputes are a synopsis of the discussion that occurs at a meeting and not a verbatim transciff She diikicot dispute the comments that Mr. Poppler was asserting he had made; however, she questiRDEci.,tlj 1evgl,of detail the Council wanted in the minutes and if they should the reflect body lang ;ip #jk}ei# k t $members as requested by Mr. Poppler. Councilmember Bakken said he would be waijrbffe #i'lg'ffii�a�flilly transcripted version of the meeting because there are still elements that would not be captured by a written representation of the meeting, such as gestures, body language, etc. He said that Mr. Poppler's concern seems to be that comments he made were not included. He suggested reviewing the tapes to determine if his comments were left out. He said that the comments could be included if he did make thgm otherwise the Council will need to decide if they want to get into the practice of allowingipAy0fals to read a memo into the minutes. City Administrator Hedges said that the Recor SCt•could listen to the audiotape of the meeting to substantiate Mr. Poppler's rejigei$ A vote was taken on the motion.. Nay. Coundlmember Bakken abstained) Lynne Matty, the 1996/97 Eagan Royal Ambassador and member of the current Eagan Royal Ambassador Selection Committee, spoke to promote the program and encouraged participation. AT T r?> A BSI SS RECOGNITION, TELECONttaiga, Q. RDINATOR MIKE REARDON City Administrator Hedges prdvided an Oteiview on this item. Mark Hotchkiss, Burnsville/g4kgrawgft. Access Facility Manager, presented Telecommunications Coordinator MiloL*Midiiii:fial:3 o c1 contribution award from Burnsville /Eagan Community Television in recognition of his work on the franchise renewal and the negotiation of an institutional network. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 3 Assistant City Administrator Verbrugge commented on the population segments that are being targeted with regard to the Intergenerational Dialogue scheduled for April 8 from 9:00 a.m. to 2:00 p.m. at Blackhawk Middle School. Item 1.. It was recommended to approve Elizabeth Luke, Sarah Mesna, Alex Dauphin, Erik Ma land, MackenzieChittiqaitiii; Kari Ma land, Andrew Eelkema, Ann McGrath, Jennifer Clason, Kristin agitad, Kristin Fleming, Krista Whitney, Angie Schreier, Alex Porter, Chris Allmaras, Megan Kissel, }*"her McGregor, Nicole Patnode, Alison Wright and Dave Streefland as seasonal lifeguards for Cascade Bay. Item 2. It was recommended to approve the hiring of Katie Hughes and Kevin Middo as seasonal lifeguard shift leaders for Cascade Bay... Item 3. It was recommended to approvkgte hirini* Amanda York as a seasonalmanager for Cascade Bay. Item 4. It was recommended to approv9440:1Fftia!;;ciristi4,n.Gage, London Weninger, Mallory Poitras, Jeff Winging, Nicholas Skumat4; l4c feinkogler as seasonal services workers for Cascade Bay. Item 5. It was recommended to approve the hiring of Laura Nelson as a seasonal guest relations manager for Cascade Bay. Personnel Items for the Civic Arena. Item 6. It was recommended to approve the hiring ofM.tjipi, Meghan Filers and Michael Mason as seasonal concessionaires for Cascade Bay. Item 7. It was recommended to approVikilt of Jae' Beecher, Jim Bredemus, Christopher Buntjer, Deborah Buntjer, Karen. Butler, Holly Corlktgitizfreon tiiiherty, Kellee 'Cattleman, Christie Mason, Michael Mason, Kacie Nitz, Erin Severson aiiittii*Oiggysas part-time seasonal concessions workers at Northview. Item 8. It was recommended to approve the hiring of Christopher Pittelkow and Paul Whisenand as seasonal ballfield attendants. Item 9. It was recommended to approve the hiring of Mark Garber as a part-time seasonal recreation leader. Item 10. It was recommended to apptiWihe hilprAndrea Matei as a seasonal park attendant. Item 11. It was recommended to appii8 the hirttijpf Charles VonHinueber, Stan Gurek, Benjamin Koenke, Ryan Neumann and Aaron kifinjw maintenance workers. Item 12. It was recommended to approve the hiring OrBeii Anderson as a seasonal streets maintenance worker. Item 13. It was recommended to approve the hirir of Megan Cullen as a seasonal ice skating assistant Item 14. At the March 21 regular Cityg#icil meetirig; Kegouncil approved the hiring of a person to be recommended for hire as 'a temporimilding inspect6The name of that person is Mike Anderson. No action required on thiMm. Item 15. It was recommended to acc gI418an Director/City Clerk VanOverbeke. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 4 Item 16. It was recommended to approve the following Time Spent Profile Revisions: Parks Office Supervisor to H Exempt range, Police Office Supervisor tt H Exempt range, Central Services Maintenance Office Supervisor to H Exempt range, Forestry Supervisor to J Exempt range, Shop Supervisor to J Exempt range, Design /Dev Engineer to L Exempt range. Item 17. It was recommended to approiii:ilianging the title for the Design /Development Engineer to Assistant City Engineer. B. Project 764, Cancel Project (Selmark, a YV e i Street Overlay). It was recommended to cancel Project 764 (Selk Addition, Harvey Addition, and Burrview Acres Street Improvements). C. Receive petition /order public hearing easement vacation (Murphy Farm 2nd Addition). It was recommended to receive the petition to vacate a portion of a public right -of -way and schedule a public hearing to be held on May 2, 2000. D. Contract 00-09, authorize plans and•cificati:(Misc. Government Buildings Re- roofing). It was recommended to authorize Roof Sgt Inc. to are detailed plans, specifications and contract documents for Contract 00-09 (Misc. GQitnment Re- roofing). E. Vacate public right -of -way, schedulg, iicig :#)rive Sherman Ct. to Highsite Drive). It was recommended to schedule a public fib i'ff'tg'rii* fietd\Mi ivlay 2, 2000 to consider the merits of vacating a segment of Marice Drive from Sherman Court to High Site Drive and a portion of High Site Drive from Marice Drive to I -35E. F. Approve telecommunications leases (Sprint PCS and APT). it was recommended to approve the Telecommunication lease agreements with Sprint PCS and:Al for antenna installations on the Deerwood, Lexington and Yankee Doodle Res ctig0154 ionize the Mayor and City Clerk to execute all related documents. G. Request for public hearing, certificatiQt{ _cl lipgueii alse alarms May 2, 2000. It was recommended to schedule a public hearing ftiY'iy:g;; consider certification of the delinquent false alarm bills to Dakota County for collection wifti' r:taxes. H. Approve a resolution to issue and sell $3,425,000 General Obligation Improvement Bonds, Series 2000A. It was recommended to approve the resolution to issue and sell $3,425,000 General Obligation Improvement Bonds, Series 2000A. I. Proclamation, proclaiming April 7, 200¢,:)Qrld Hey. It was recommended to approve a proclamation proclaiming April 7, 2000: 5?Sf. 19401434::: J. Request for public hearing, certifica i1•of dehifi tent utilities May 2, 2000. It was recommended to schedule a public hearing for Tuesday. y 2, 2(Q p consider certification of delinquent utilities to the property tax rolls. l: s: K. License renewals for the year 2000, tree contractof'It 1s recommended to approve the tree contractor license renewal for Rainbow Tree Company for the year 2000. L. Approve consulting contract for City -wide radio system upgrade. It was recommended to approve the consulting contract with Leonard J. Koejytte t. ssg fates, Inc. to upgrade the City radio system. M. Final Subdivision, Oakwood Heig}ifs'Srd Addition Heights. It was recommended to approve a Final Subdivision to divide, og common propert gpr Oakwood Heights Condominiums to establish separate ownership of the pd�pj2rty and a seSsociation for the seven -unit building being constructed north of the two existing EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 5 N. Approve a resolution declaring the City's intent to use the proceeds from any sale of the Central Facilities property to retire Eagan Economic Development Authority Bonds used to finance the acquisition of the property. It was recommended to approve the resolution declaring the City's intent to use the proceeds from any sale of the Ceitt 1 Facilities Property to retire Eagan Economic Development Authority bonds used to finance the accition of the property. O. Amendment to the 2000 Joint Power��p� of County Savage o participate in I�e as recommended to approve an amendme Dakota County Drug Task Force. P. Extension for recording waiver of suait33vision for Lots 27 and 28, Block 1, Great Oaks. It was recommended to approve an extension for recording the Waiver of Subdivision to shift the common lot line between Lots 27 and 28, Great Oaks located in the NE 1 /4 of Section 14. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Susan Widmar, representing Etc, jn OPEIsi ated that a description of vague agenda items should appear on the agenda. Mayor Ada expel that each agenda item is given a brief description and Councilmember Carlsq .tihat it f p1 .Ca n i1 packet is available for review by the public in the lobby of City Hall. Michael Dean, representing Eagan OPEN, requested that a complete Council packet be made available at the library or another location that is accessible after City Hall hours. City Administrator Hedges noted that the packets are often being assembled late on Friday afternoon and the library doses at 5:00 p.m. He said arrangements could be made to get the packet to the library on Saturday. Councilmember Masin commented ors.: orr'of Finance Director VanOverbeke. Mayor Awada noted that he will be going to :d lfilktDistrict and commented on the great job he has done for the City of Eagan. A vote was taken on the motion to ai5i lost CQ ,sent Agenda. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmembe?Vii'rlson seconded a motion to direct staff to provide a complete Council packet at the library on Saturday. Aye: 5 Nay: 0 �f�� lilIE�GS EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE6 Maxine. Piekarski, 3350 Highway 55, inquired about the proposed location of the force main for the sanitary sewer, about people accessing her property to do survey work and the lack of notification. Mark Hanson, Bonestroo, Rosene, Anderlik Associates, indicated that the permits have not yet been received for the installation of the force main in the MnDOT right -of -way. Director of Public Works Colbert explained that the lack of notificatipn was in regard to the improvements related to a previous project, Oakview Center, constructed piYdtely by the developer. Councilmember Carlson offered an apology to Ms. Piekarski for the lack of R$tdicalion. Ms. Piekarski requested a copy of the estimates for the work. There being no one else wishin(f er peit 14 'Wikkiifi dosed the public hearing. Councilmember Carlson stated* Mr. Huml should be compensated for the imposition that the continual maintenance and upkeep of the lift station wilLhave on his property. Councilmember Blomquist asked about the landowners for each parcel of land to be assessed. Director of Public Works Colbert identified each of the landowners and noted that the developer of the Cherrywood Knoll development has agd to the assessments, no agreement has been reached with Mr. Huml, Schaaf Construction has agiksii to the ssment amount if the right -of -way acquisition is in an amount they deem appropriate and tt is discuss or negotiations have occurred to date with the property owner of Lot 1 of Burrview As. Councilmember Blomquist stagai 1jP J S w* to Mr. Huml or the Schaafs but there is benefit to the developer of Cherrywood 1iial: ifiy6r AV at2a^stated that this was Councilmember Blomquist's opinion. Councilmember Blomquist noted that it may be her opinion; however, it may be fact as well since the property owners are not subdividing at this time. Mayor Awada disagreed with Councilmember Blomquist. Councilmember Carlson said that she has heard that there have been several phone calls to staff from neighbors expressing their concern with the lack of access. She commented that if the Council does not move ahead wi}te£Inprovement MnDOT funding could be jeopardized. She added that an access should b vAtfki is+' irder to do justice to the neighborhood. Councilmember Masin stated thivirVas her ogiiiion that neither the Schaafs nor Mr. Huml benefit. She added thatshe would supp ;tb@; ;g'ect because it is needed if the provision allowing the Council to acquire easements through the ciiiia*** git domain process were removed from the motion. She said she would be willing to support tfitgW. *equest. She noted that Mr. Huml's property is affected on all sides. She further noted that sh i $old prefer to acquire the easements through negotiation versus eminent domain. Councilmember Carlson concurred with Councilmember Masin with the exception that she did not think the City could give up the provision to acquire easements through eminent domain if necessary. She sated that the fact that thegc a, s area g:ea1?e to this proposal indicates that it is negotiable. Mayor Awada noted that 40 a last resort. Mayor Awada moved, Councl iiiember Nfad seconded a motion to approve Project 784R (Louis Lane Streets), and authorize t;prepara} of plans and specifications and the acquisition of easements according to the agreemenCilikt..NiA,44014xtrW.he Schaafs and Councilmember Carlson's recommendation as distributed to the fi .AA I Councilmember Blomquist opposed) VARIANCE REQUEST PINNACLE PROPERTIES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the pu :hearing to anyog;fzrishing to speak. There being no one,. she dosed the public hearing. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 7 Councilmember Masin moved, Councilmember Bakken seconded a motion to approve a Variance of 20 feet to the required 40 -foot building setback from a public right -of -way, subject to the following conditions: 1. The addition to the building shall be constructed of the same materials and colors to match the existing buildAi$: 2. The building permit plate ..:1 3 4gpikEppe plan that is in compliance with the City ordinances .for sc red• I b 1: nt, and a site plan that provides inside storage or a screening eni Bost ie foi'f�'iit;'ttas2i container. 3. The materials and equignt that are currently being stored outside shall be removed and either stored inside the building or properly discarded. 4. 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 extensioiiall be rRgpested in writing at least 30 days before expiration and shall state facts shc* %ig a godi ;faith attempt to complete or utilize the use permitted in the variant.:: Aye: 5 Nay: 0 Councilmember Masin moved, CounaTmeinbei$a`f deh seconded a motion to approve a Variance of ten feet to the required 20 -foot parking setback from a public right -of -way, subject to the following conditions: 1. The parking lot shall be constructed with concrRte curb and gutter. 2. Landscaping to screen the nen 4iay be installed at the time the parking lot is constructed. 3. The materials and equip are,culiently being stored outside shall be removed and either stored inside the 1iti�le73j� p rly discarded. 4. If with one year after approval, the variance smell 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. OLD 160 Aye: 5 Nay: 0 REVIEW WINMAtAtIMMKIWANCE PROGRAM City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report addressing petitions received, staff's recommendations and various citizen requests. Councilmember Bakken moved, gitseigalaiit4ylgasin seconded a motion to reaffirm the current Winter Trail Maintenance Plan ii•ifi'iif3it,1 e addition of trailway /sidewalk located on the north side of Cliff Road between Nisi j Road and Cliffigiike Road. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 8 RECEIVE THE REPORT FROM THE COMMUNITY FACILITY TASK FORCE ON THE COMMUNITY ACTIVITY CENTER Mayor Awada provided an overview on Items B, C and D of Old Business. Clyde Thurston, representing t1 j mmunity Facility Task Force, provided an overview of the Task Force's report to the City Council, >aicMch included components of the central park and community center, costs, future considerations for t mnents and public /private partnerships. He thanked the staff and fellow-task med£t;� Mayor Awada acknowledged tii ,ask force members who were present in the audience. Councilmember Bakken moved, Councilmember Carlson seconded a motion to receive the report from the Community Facility Task Force on the Community Activity Center. City Councilmembers thanked everyone for their involvement with the Task Force. Councilmember Masin suggestaicheduia this item to a future work session to allow the Council an opportunity to interact wits sk Ford ;i iembers. Councilmember Blomquist stated that the report is lacking alternatives for the to comer. A vote was taken on the motioi%:: RECEIVE PUBLIC INPUT ON PROPOSED COMMUNITY ACTIVITY CENTER Karen Luchka and Brandon Nguyen spoke in support of a teen center. Other comments pertaining to a teen center were that the YMCA teen center cig3s not address the needs of all the teens in Eagan. Support was expressed for moving ahead wlh sooner than the projected date of 2002. Concern was also expressed that enou ;iiot•lieen allocated for teens at the proposed community center. Councilmember Carlson said that:#0::;041 Jik to know what the teens envisioned in regard to a temporary teen center. One of the teen reps 'dseiii v*$aid..they would like to present a report at the next City Council meeting. Pat Thomas expressed support for having a place to hold community events such as the Fourth of July celebration. She also expressed concern about the design and layout of the site and said she wanted to ensure that the site is appropriately developed to be able to support all the uses. Judy Stewart, 4106 Blackhawk Ro4111 for acting on the Task Force's recomm ii t:Etivg a good place for celebratory events. er Task Force, thanked the City Council �isQ:i$e land. She also mentioned that the site is Susan Widmar and Michael In, repreng Eagan OPEN, stated that their primary focus is on the process and not on specific iss{ d Q1c. p.Lwor of open, honest communication. Mr. Dean spoke in support of some typed lsiiii9:01 recommended doubling the space for a teen center and tripling the space for a senior center. He said that there should be a comprehensive and open dialogue with the community. He added that the City Council has spent a significant amount of money with regard to this endeavor; however, he questioned the effectiveness of these efforts. He mentioned that he conducted a door -to -door surygy in his neighborhood and only three out of 35 to 50 people knew of the community center pr ;fig: o ented on the quick creation of the Task Force and raised several questions in regard tif: iii•iiia'Ciiii 3 e group. Councilmember Carlson stated'Eliat the Council asked for volunteers to serve on the Task Force. Communications Coordinator Joann ;Mote noted that info Nation appeared on cable TV and in the newspapers requesting volunteers. 4F. the Council does not appoint all task forces. She noted that staff was direGt� ecific organizations to be invited to the EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 9 Task Force meeting. She further noted that the Council never voted on this list and said that the membership has increased and decreased over time. Mr. Dean said that process would have been acceptable if this had been a grassroots effort. Mayor Arvada indicated that it had been a grassroots effort. Mr. Deap commented on how rlous the survey was that the City sent out to all residents and businesses seeking their input on this :iioposed community center. He stated that the survey was developed and distributed after the elen is h14.gkerldy, b ei} f1ecided. Mayor Awada stated that the City Council voted unanimously to see14.*Agifitoolompts to further define what elements they were most interested in. She noted that 'otiffdllika'i1 ed that the community center would generally consist of certain elements. SliRs; idded that the City Council did delete the pool and theater elements because they felt it was mislea to the public. Councilmember Carlson stated that the purpose of the survey was to solicit feedback from the public. Mayor Awada noted that this was not intended to be a scientific survey. Both Mr. Dean and Ms. Widmar stated that the public should be given more information and notice of the upcoming referendum. Mayor Awada asked Councilmembers Masin and Blomquist if the statements made by Mr. Dean and Ms. Widmar represented the views of the Eagan OPEN since both Councilmembegivere part of the group. Councilmember Masin said their views did represent the views of Eagare PEN. John Curlee and Tom Wilson, re esenting'gie Eagan Rotary Club, stated that they were glad that several people randomly joined the TA.kigc,g,•.MX,Wilson stated that the senior and teen groups should have the same amount of space.. .1i i the Rotary Club's excitement and commitment to the construction of a baiid'slieV Ted Wachter, 4540 Blackhawk Road, stated that the City Council has done the right thing by purchasing this property. He thanked the Task Force members and staff for their involvement. He mentioned that the City has done a lot to provide activities for teens to be involved in. He suggested raising the amount of the bonds to cover the overages... Councilmember Masin asked M Wief :a*fiy;3* not support the purchase of additional land when he was on the Council. Mr; ;'tei fifer stated ftiA he thought it was better to utilize the land by the library. Additionally, he said he was was.,?.c0.01tve of this endeavor. Mayor Awada asked Councilmember Masin to clarify when the Co q 'i 1cgn a vote to purchase additional land for a community center. Mayor Awada noted that the CiF itti Oil c piece of property for a similar use; however, they were not the low bidder. She clarified that iiti had ever been taken to purchase land for a community center. Margo Danner, Task Force member, stated that all the Task Force members were very competent and all of them know that this type of facility has been needed for a long time. She added that they attempted to retain the import54. m s p ,t,l onent fommunity center and also obtain feedback from the public. She mentiong4°4:'REArts were made to get notices out to the public regarding this process. Dorothy Peterson, 4337 SequoMrive, s}.ihat it was a pleasure to serve on the Task Force. She encouraged the Council to move tas�l ;.sN,.it,i,.':bQnd.?Cgferendum. Paul Jeska, Task Force member, stated that tlie'Task Force tried everything possible to inform the public about the opportunity to become a Task Force member and to inform them of Task Force meetings. He said that if any portion of the land is sold the proceeds should be used to retire the bond debt. Betty Bassett, 2101 Wuthering I-3 i §hat she thought the Council should have purchased the land and then developeckair community'** in phases. She expressed concern that the facility will not properly acconunodati growth in Eagaf Ann Carlon, Executive Direct* of the Ea Cw,1,Yi??� Visitors Bureau, stated that the community center should be built soofi;Q process has been very open. She EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 10 mentioned that.the City's Communication Coordinator did everything possible to inform the public about the opportunity to serve on the Task Force and about the meetings. Jeff Gregory, 1322 Deercliff Lane, questioned the City's ability to support this project. He said that the community center is a good ide ,.bpt he expressed concern about how it would be funded if the economy were to worsen. He further sai3:Ehat the City is overextended with debt and suggested the City pay for the land first and then proeil t+if:with the construction of a community center. Raleigh Seelig, Task Force mem f rl: g.►.Witigiud to have served on the Task Force and said his main concern is that there be'ai't'ftcceffifp'3lte'to'fiold the Fourth of July events. He thanked the Chair of the Task Force, otlk 3'ask Force members and the City Council for their support. CONSIDER A RESOLUTION DETERMINING THEDESIRABILTTY OF ISSUING GENERAL OBLIGATION COMMUNITY ACTIVITY CENTER BONDS AND PROVIDING FOR AN ELECTION THEREON Councilmember Carlson move; �ouncilwpiber Bakken seconded a motion to approve a resolution to issue and sell $15,355,000 feral Oration Community Activity Center Bonds and provide for an election thereon June 6, r. Raleigh Seelig stated that it is i :t•nigtft ic4s know what they are approving expenditures for He said that the refe ft ballot does not explain all the components in detail. Director of Finance VanOverbeke said that the format of the wording of the question is very specific in terms of state statute as to what is allowed and what is not allowed. He stated that this format was approved by the bond counsel and it is unlikely,tlt many modifications to the wording would be acceptable. Mr. Gregory questioned the ac 1 i en 80 the Council. Councilmember Carlson said that the only action being taken by thetiiii.4 is to prc60.1e the public with an opportunity to tell the Council if they would like to proceed whir: pstruction of a community center. Mr. Gregory asked if the question on the ballot would indude the t 3*%48 :4ebt the City has incurred for this project. Mayor Awada noted that the City has no outstanding�$etiitiOny other project in the City besides streets and utilities, which are funded by assessments. She sari1 that the City has paid cash for everything else that has been built or user fees have supported the projects. She further noted that cash was paid for nearly all of this land purchase. Councilmember Masin said that she would like the opportunity to meet with Task Force members to discuss some questions she »s:Qt paes. She asked how many organizations P were asked to be involved in artners iAiiisd that the Task Force made numerous overtures to potential partners; howeV They w'''�, fie considered more operating partners rather than capital partners. Councilmember Mas5i Asked if t 't need for more meeting space was related to lack of space at the schools or if it was becauO;ie schooOrere beginning to charge for their use. Mr. Thurston said that there are capacity igiFl?l link#; ?t*t4k utilization would be a problem. Councilmember Blomquist said that the motion to approve the bond referendum and the date were induded together and added that the Council could go further to explore other alternatives. She suggested separating the motion. She said that there is no question that a bond referendum should be held but rather questioned the timing. City Atto?y,.Sheldon stated that the final question needs to be in the form of one question. Mayor Awada noted that the amount that Iti 1; een determined is the maximum that can be set. She stated that the square footage of the different ai€7its of the community center could be determined later. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 11 Councilmember Blomquist expressed concern with the June 6 referendum date due to the conflict with a Council meeting and the cost for setting a special election versus taking more time to educate the public and explore additional options. Councilmember Masin said that she would still like to meet with the Task Force and added that the Council should strategize over the date of the referendum because 60 days does not provide enough time. Councilmember Carlson said thp'iie thinks the public wants an opportunity to be heard and added that she does not want to spend anyAk j.. tt the public's input. She further said that the process does not end here and addecC'tipllow. Councilmember Blomquist asked about the cost of a special election:'f7fr i'tafYiffiiii it hOverbeke said it would cost between $10,000 and $15,000. Councilmember B1it quist stated that she would like to save this money and put it toward the cost of the building. Mayor ittWilda stated that as a business owner in the private sector you do not spend nine months debating, planning and organizing something before you take action. She further stated that if someone can not make a derision after nine months of planning then they should not be in the position of making decisions. She said that the City Council has spent eight to nine months of work on this and information about the proceedings has been published regularly She added that it would be ridiculous to delay the election4# r another six months. Councilmember Masin said thaMe Counli job is to refine the Task Forth report and obtain more information. Mayor Awada state{ :that the (Rind1 asked the Task Force to refine the report in January and further directed them to pr ogrgR. gi*Rtynon. She added that this issue has been in the hands of the Task Force all along an t'( dati t 3 Council -driven community center. Councilmember Blomquist stated that the Taskir6fe 'i itiiiigilially created for the purpose of land acquisition and the public is not aware that a transition occurred shifting the focus from land acquisition to the community center. Councilmember Carlson said that the process will continue and the public will be given an opportunity to decide what they want before any additi n4iMids are expended. ;KCoundlmembers Blomquist and Masin :rgport with the Task Force at an upcoming A vote was taken on the motion •:A opposed) Councilmember Carlson suggested' work session. Mayor Awada stated that this coulefl t :g 14.0 d under the Administrative Agenda. Mayor Awada moved, Councilmember Bakken seconded a motion to relieve the Task Force members from their official duties. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Masin seconded a motion to direct staff to erect a sign on the Central Park site with in formation the prApt?xty. Aye: 5 Nay: 0 Mayor Awada moved, Counoeitartber 4ii seconded a motion to reschedule the June 6, 2000 City Council meeting to June 5, 2606: A 'ay: 0 PLANNED DEVELOPMENT AMENDMEN? 1TIOMPSON REALTY GROUP, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved jidti ti ibnded a motion to approve a Planned Development Amendment to allow the B struction of a X46 square foot commercial daycare facility upon 2.9 acres of land located north o(t ffley Road bet :Le Avenue and Lexington Way on property currently platted as Lot 4, t 1, Soderholm Adfion in the southwest 1/4 of Section 23 subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 12 1. .The applicant and /or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Landscape Plan Final Building Elevations hrtd Siena Plan Lighting Plan 3 Fences should be green. lack and of a chain link material. 4 A detached trash endosiire shall be allowed in the northeast corner of the site. The enclosure shall satisfy requirements of the City Code in regard to height and materials. 5. All building, parking /drive aisles, and landscaped areas shall be properly maintained. 6. All exterior lighting she hoodigtand directed to deflect fight away from adjacent properties and rights -eay. 7. All rooftop mechanical, equipp enf' Shall be screened from view of all public rights -of- way and the private st t; ty on the south. 8. This proposal shall be responsible for a cash trail dedication at the time of building permit. 9. The proposed parking lot to the east of the proposed building shall be graded to drain to a catch basin to the southeast. From tjhgre;ie stormwater shall enter and be treated in the upper cell and then the loy.trerz i ttiekwo -celled system. The parking lot shall not be graded or connc., 40.4ifiEi dy into the lower cell. 10. A private access easem t b e re ed by the applicant P Pte' Y PP licant and reviewed and approved by the City Attoii'iba:}itt gment shall be recorded prior to building permit issuance. Councilmember Masin said that she was disappointed that the medical facility was not going to be constructed because the Council had previously rezoned the property for that purpose. Councilmember Blomquist said that this use does not enhance the property. A vote was taken on the motion. A .3 Nay: 2 (CQuncilmembers Blomquist and Masin opposed) City Attorney Sheldon said tI the PD Aiiillildment to rezone the property requires a four fifths vote. O. Councilmember Carlson said 1i pSt E l proposal was for a three -story medical ity ws m facility she thought the daycare facilaore ti iiilidtY47#ii'with the neighborhood. Councilmember Masin stated that the reason for previous litigation regarding the PD rezoning was that the neighbors did not want the McDonald's and SuperAmerica in this area. Councilmember Blomquist stated that this use increases the commercial nature of this area. Bob Polk, the project engineer, stittiiK :7 €:the daycare facility. He said that the facility creates a transition between the comae c;A1 and resider I areas. He added that this will not be an intense use compared to a medical faeY#ifiy. He further acritql that the daycare facility's appearance is residential in character. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 13 Councilmember Carlson noted that the facility is dosed at 6:00 p.m. during the week and is dosed on the weekends. She said that the operation would be much less intrusive than a medical center. Councilmember Masin asked if any of the neighbors were notified about this use. Senior Planner Ridley said that, in addition to the pending development sign, notification was mailed to property owners within 350 feet and aditIstthat generally daycares and banks are viewed favorably by neighbors. He clarified that the City waS;:fcviously sued regarding this development and the issues were with the gas station, the fast food restaurant and the three story medical clinic that exceeded the height of the Neighborhood Business defifi3Ti;.t the daycare facility would provide a transition from Diffley Road and the resQii� Kris Schmidt, representing the care facility, stated that the church was pleased with the proposal and that a medical center wasfi8 going to be built. Councilmember Blomquist said that, in this case, notification of 350 feet does not reach all the affected neighbors. Councilmember Carlson said that this facility is compatible with the neighborhood. Councilmember Masin said she wouldicp to talk with the neighbors who were involved with the original rezoning. The applicant agreed to a conticnce. Councilmember.Masin moved, gQ a' :ist seconded a motion to reconsider the previous motion. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue the Planned Development Amendment to allow the construction of a 13,416 square foot commercial daycare facility upon 2.9 acres of land located north of Diffley Road between Lexington Avenue and Lexington Way on property currently platted as Lot 4, Block 1, Soderhpl} Addition in the southwest 1 /4 of Section 23 to the May 2, 2000 City Council meeting. Aye:, Councilmember Blomquist askgc :b fwouldci otify the same residents who were notified of the previous rezoning. Senior Planners le std that st ff would notify them. Mayor Awada said that staff should ask t.14 $(id'8fi :to respond to the City and indicate their preference of a daycare center or a medical facility. PLANNED DEVELOPMENT AMENDMENT CENTRES GROUP (REGAL THEATER) EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 14 4. The Applicant prepare and the City Attorney review and approve a conservation easement upon the subject site's existing proof of parking area. Aye: 5 Nay: 0 ORDINANCIT;AiMENDMENT CITY OF EAGAN (NONCONFING USES AND STRUCTURES) City Administrator Hedges prov9tcft item. Councilmember Bakken moved'1;#uncilmember Masin seconded a motion to approve an Amendment to the City Code Chapter T:$ection 11.10, Subd. 3, Nonconforming uses and structures and direct the City Attorney to prepare an amendment suitable for publication. Aye: 5 Nay: 0 ORDINANCE AMENDMENT CITY OF EAGAN (MINOR SUBDIVISIONS) City Administrator Hedges prONIed an oiiiiiview on this item. Senior Planner Ridley gave a staff report and stated that an additionequireni0 that minor subdivisions would also be subject to standard dedication requirements (i.e. jjik dedici i`.dn, water quality) should also be included in the ordinance. Councilmember Bakken moved da seediiii&I a motion to approve an Amendment to Chapter 13 (Subdivision Regulations) of the City Code that would establish a minor subdivision procedure and direct the City Attorney to prepare an amendment suitable for publication. Mayor Awada said that most cities provide for a mino :subdivision process. She stated that she did not want to have people request to split 200 -foot lgt,sogilciestioned if a $5,000 fee would prevent this from happening. Councilmember Carlson askeciiiiikiafication fijiltween the standard subdivision procedure and the minor subdivision procedure. Senior: p) ,dle j%•tesponded that the minor subdivision process will be a one -step process whereas the standar .4g1,i,4isip* process is a two -step process that requires a d if public hearing at the Planning Commission. He adtJ *:standard subdivision application requires a more substantial escrow amount and more detaikeiftlans than that proposed for the minor subdivision. Councilmember Carlson expressed concern with large lot subdivisions that may result in parcels not consistent with adjacent properties. She questioned if it would be possible to do more than one minor subdivision per parcel. Senior Pla tdley st ttlitt. t the APC raised this as a concern. Councilmember Bakken suggested that Iicik 't jpgti ed into the ordinance to limit the number of times that a minor subdivision coub ;i cur oifkigtiteii piece of property. A vote was taken on the moti}S t:Aye: 5fity: 0 AUNNOWINOVOltsitt Mayor Awada noted that an Executive Session would follow the regular City Council meeting to consider police mediation contracts and the Michael Vincent vs. the City of Eagan, Mayor Awada and Councilmembers Bakken and Carlson lawsuit. MAIL QNING MAP City Administrator Hedges provided an overview o* this item. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 15 Councilmember Bakken moved, Councilmember Blomquist seconded a motion to direct City staff to publish the zoning map and waive the mailed notice requirement for the City-wide zoning map update. Aye: 5: Nay: 0 CITY COUNCIL SCHEDULE/APRIL -MAY City Administrator Hedges pro*, an overview on several items that would be scheduled for upcoming special City Council meetings. Discussion with the Community Center Task Force regarding the Community Facility Task Force Repc .AK00*fi rocedures were added to the special City Council agenda for April 11. In adcliiiii;ii;:**iiiitiWedihicil meeting was discussed for April 25 to include the street rehabilitation /overlf£inancing policy, Part III CIP (2001 -2005, excluding Parks Recreation Part III) and the location for fltlify monuments. Councilmember Carlson moved, Mayor Awada seconded a motion to approve the City Council schedule for April /May and to schedule a special City Council meeting for April 11 and April 25 at 5:00 p.m. Aye: 5 Nay: 0 CITY CONTRACT 99-14, EAST I#,-iWAYOUTH FRONTAGE ROAD/LOUIS LANE STREE) UTILI':MPROVEMENTS Mayor Awada moved, Council ten 13.4 en seconded a motion to approve the plans for :Fx q d Ro Contract 99 -14 (East Highway 55 South i :cane Street and Utility Improvements) and authorize the advertisement for a bird'opelinft o'b 'lt 1tl' t'10:30 a.m. on Thursday, April 27, 2000. Aye: 5 Nay: 0 The regular City Council meeting was adjourned at 11:35 p.m. to the Economic Development Authority meeting. The City Council meeting was reconvened 11:40 p.m. (Minutes of the EDA meeting are recorded under separate cover). The meeting adjourned at 11:40 p j to:8A Session for the purpose of discussing police mediation contracts and the Michael Vincerif'vs af•Fagan, Mayor Awada and Councilmembers Bakken and Carlson lawsuit. Present were Mayor A Masin, Blomquist, Carlson and Bakken, City Administrator Tom Hedges, City 'Attbrney Jim Sheldon, and legal counsel Cliff Greene and Doug Gronli with the League of Minnesota Cities Insurance Trust. Date Aiiigmtpix,Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, Ivl MakiR 6 D phone: (651) 454 8535). City Clerk MLK A Special City Council meeting was held on Tuesday, April 4, 2000 in the City Council Chambers of the Eagan Municipal Certtozikkiidink..11A.m.egting was called to order at 5:07 p.m. and those present were Mayor Awada• tf}: Oi L'4i?Rrs Bakken, Carlson and Masin. Councilmember Blomquist joined the meeting aif 0 p.m. 1 o present were Assistant City Administrator Verbrugge, Senior Planner Ridle ,.birector of`Vublic Works Colbert, Director of Finance VanOverbeke, and City Administratok I es. ti AfstpatA mstimoic The agenda was approved as presented. VISITORS TO BE HEARD There were no visitors wishing%q: S City Council for items not on the agenda. KOLLOFSKI ADD I ON PRb') gly DISPOSAL City Administrator Hedges ir} rc tii 4 :#Cd11ofs.ki Addition Property Disposal item and asked that Senior Planner Ridley pro ifi gi iftlftional background covering the issues before the City Council. Mr. Ridley noted that the primary issue was how the City intended to dispose of the property it had acquired and is still holding in the Kollofski Addition. He explained the two exhibits in the City Council packet showing' the Tax Increment Financing (TIF) District and the location of parcels owned by the City, Wispark and the Imres specifically on the west side of the tip of the pond. Mr. Ridley noted th4 i is itxkR!!R td.ip acquiring the City property as well as the Imre property to continue the tl l itidi* ioi at', ti Oaks Business Park. Mayor Awada acknowledged that repregitatives i?oth Wispark and the Imres were in the audience and asked them to share their perstives on issues before the City Council. Mr. Greg Miller, Regional Director for WisparII,'•lfated this firm has a strong interest in acquiring both the City land and the Imre holdings west of tip of the pond to allow completion of their development in that area. He also stated that there have been numerous discussions about acquiring the Imre property east of the tip of the pond. Wispark has an interest in seeing the quadrant cleaned up and both they and the Imres want the TIF options preserved on the east side as well. Mr. Brent Brunn of the Real Estate Company, C)$A, spoke representing the Imres. He stated that their position is in line with Wispark's and $L they understand that it is in their best interest to enter into discussionr0 question being the timeline. He stated that the Imres are looking for l.;**p:gq:WlgiR$**fl& atings. 'Mayor Awada inquired of Mr. Brunn, if the Imres have concluded iliac they do nbrwaht to be in the development business. Councilmember Masin asked how long that conclusion ri#gAt have been in place. Mr. Brunn responded that for the last couple of months they have beilitiivorking on a site selection. Councilmember Masin also asked whether or not anything has happened in the past year and Mr. Brunn stated that definitive action has been taken to find a new site. Councilmember Blomquist inquired about what is precipitating the potential move. Mr. Brunn said that the Imres have been holding the land for expansion but thaiiy probably were do g going to be able to do that at that location. Councilmember Carlson suggests gi*** d: iy two independent actions and that one can move without the other. The tip ofiliiiiiiiiiiii1W5Oates the areas into East and West components for all practical purposes. Mayor Awada noted that the issues included the City's ownership of five parcels and that they should be sold to Wispark or the Imres. A second issue is how to deal with the parcels that the Imres own in that area on the west side of the pond, if the City parcels are sold to Wispark. Fina» tAMAti tluy,' g. ¢sues on the east side and what can we do to accrue the benefit from keepiijig*:t#id�;,L k k IF. Mr. Ridley and Mr. Verbrugge described the TIF constraints regarding both fou ;•i iar and i:. year limitations in the TIF law. Mr. Miller volunteered that Wispark will discus).e east side ;options with the Imres. Councilmember Masin inquired of Mr. Brunn 3 not the Imres had any action plan to keep the east side parcels in the TIFMONOt i .t gfsig:was not aware of anything. Councilmember Carlson again suggested that the discussion be focused on the west area. Mayor Awada suggested that the City Council follow the recommendations of the Advisory Planning Commission to sell the City parcels to Wispark and allow for private negotiations between the Imres and Wispark for Wispark to acquire the Imre holdings on that side of the pond with the City assisting in assembling 13i ;yarcels by using condemnation, if necessary. Councilmember Carlson suggested thWt1 d p% atu ns have been going on for a year and only two additional weeks should be allowed priorto•! ig t#teeoming involved.. Mr. Brunn stated that 30 days would be a more reasonable tii for the negot a ions and that the City should hold off on the disposal of its property for that pei;•iod pf t Councilmember Masin inquired about what the City would need to do ,in s iSS;'Mi. Verbrugge responded that the City would need to assist through condemi fff ie parties could not negotiate an agreement. Councilmember Blomquist asked what the problem is with leaving the Imres building and business as it is at this time. Mr. yerbrug responded that there are none, if that is the desire of the City Council. He noted that that the property was used in the test for setting up the TIF District. Councilmember Carlson ink 0:4:xrWaur..pF•Rot the Triangle Building was "blighted" and also met the test. MrZlifitteggigiOifiliafigie outside industrial storage is the problem in the area, not the Triangle Building. 0 th if Wispark were able to acquire the site, they would try to keep that building. Mayor Awada again requested that the af3eussion j :focused on the property on the west side of the tip of the pond. Councilmember Masin noted abfential problem, if the negotiations have not been successfully completed in the 30 -day period. Mayor Awada moved to sell the City parcels to Wispark at fair market value and to allow the Imres and Wispark 30 days to negotiate a sale of the Imie holdings on that side of the pond to Wispark. If no deal is struck in that time period, the City staff is to begin condemnation action. Co ilmember Carlson seconded the motion noting that this provided for an orderly process in so 3.ch to deal with this situation. Councilmember Blomquist noted thatfoxb4::>:l?.4lili,S.3cl4o..is are we forcing the Imres out of this location. Mr. Brunn responded e;.;I #0000 leave but that they see that their time is limited and that they need to take some action riow. 1'vir. Miller pointed out that this action is not forcing the Imres to leave, as it does not impact the;iperations on the east side. Councilmember Masin asked whether or not the Imres ha any attempt to contact the City or the City Council in an attempt to bring a resolution to these issues. No one was aware of any attempts to make contact with either the City or the City Council. Councilmember Carlson noted that she had called Mr. Miller and determined that one company had spent a lot of time and money and that this thing must move tligiv" ard as it is alreadfitie year later. The motion was approved on a 4-1 vote with CouncilmeA Blomquist vot.tagainst the motion. Discussion continued about whaiigiWthips3;001fte done on the east side to maintain TIF eligibility. Mr. Verbrugge noted that hrfigitiiiiiigid with bond Counsel what activities needed to be undertaken to prevent the four-year TIF limitation from beginning. He reported that the requirement was for substantial work that basically means moving dirt. Councilmember Masin inquired about whether or not assembling parcels would keep them in the TIF. Mr. Verbrugge responded that it would note: iiRlittlikkfMsqn asked what the City is going to lose, if those parcels are not kept in the:3:EitAiCaOgialikiplained that the potential loss had to do with an adjustment to the base value and 40 affectamount of increment that could potentially be gained from development. Councilmember Blomquist stAggliaktItiftglligifas been a taxpayer for many years and the City should look out for their fiiiiigtand what can be done to clean up the land. Councilmember Carlson noted that the City should exhaust all possibilities and that to have this area fall out of the TIF was not good. She stated that the City must get creative. Councilmember Masin expressed two concerns in that she doesn't want to force the Imres out and that we cannot go back and create a new district so we need to maximize the return on what we have at this time. She commented th4f*jpges have made no effort to get this resolved and the City must get what we can now MaYei and Councilmember Bakken seconded a motion that staff be directed to come back in Viii5:041. about how to address TIF issues on the east side of the pond. The !no* was apiif6y There was no other business. ADJOURNMENT The meeting adjourned at April 4, 2000 Date 111 i City Clerk EJV MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 18, 2000 A regular meeting of the Eagan City Council was held on Tuesday, April 18, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, and Bakken. Also present were City Administrator Tom Hedges, Planner Pam Dudziak, City Engineer Russ Matthys, and City Attorney Jim Sheldortitouncilmember Carlson was absent. EE Th Cub Scouts from Den 6, Pa�ls.4giloi Pinewood �Irlementary School were present and lead the Pledge of Allegiance. City Administrator Hedges noted that discussion in regard to the Millennium Committee would occur under comments by City Council,,.City Administrator Department Heads. He further noted that Mark Thompson would be speaki>Onder Viti. sors to be Heard. Councilmember Bakken move Adayor Ac c da seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0' *fin b AVECIA Councilmember Bakken requested that in the first paragraph on page one the following sentence be revised, "Councilmember Bakken was absent on military leave duty." Mayor Awada moved, Councilmember Bakken sec }2d a motion to approve the minutes as amended. Aye: 4 Nay: 0 MINUT OF THE Al END 1 EvgLORMENT AUTHO C M,; IN Councilmembei Blomquist move, moveek4g.tgOwtter Masin seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 5 City Administrator Hedges stated that there were several changes requested to the March 21 and April 4 minutes and said that staff did not have an opportunity to compile the information for the City Council. He suggested that the City Cpycil members provide their requested changes in writing to Administrative Secretary Karels. Ma .Miigi, a sAtdKggshe would need time to review the videotape regarding the changes. Councilmember Masin movecKounc lnagjgiber Blomquist seconded a motion to continue the March 21 and April 4 City Council miles to thggc/ay. 2, 2000 City Council meeting. Aye: 4 Nay: 0 Mark Thompson, Senior Sales and Marketing Manager for NCS International, spoke regarding a luncheon hosted by the Dakota County Economic Development Partnership where ten Chinese delegates from Shanghai were present. He t d.:A Rt the expanding markets in China and the opportunities other businesses in the Ci iiig:}R.jf *.:with Shanghai. He further talked about his company's involvement with the HonOg election 2 gnsus 2000. Tim Staley, Executive Directp ..f the Southwest Ai.4YMCA, thanked the City Council for the opportunity to serve on the Commuri enter Task Forcetie provided an update on the teen center at the YMCA and expressed support ;i};yity Center endeavor. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 18, 2000 PAGE 2 Don Sault was recognized for tt distinction of being an Honorary Member of the St. Paul Curling Club. Mr. Sault provided informaion on the history of curling. RECOGNITION, DIRECTOR Off: s .:•.RCATE OF ACHIEVEMENT FOR EXCELLES::••# PORTING City Administrator Hedges not :that an open house and program would be held next Wednesday in honor of Finance DirectOdene Van Overbeke's resignation. Mayor Awada presented Finance Director VanOverbeke with the Certificate of Achievement for Excellence in Financial Reporting and commented on the excellent work he has done for the City. Finance Director Van Overbeke said that the achievement award is a tribute to the City's commitment to excellence, to the leadership of the Mayor, City Council and City Administor and also to the excellence of the Finance Department staff. He thanked the City Council for their sort ancksktcouragement. Councilmember Blomquist said she was saddened to see Finance Director \j.. OverbQki2leave the City. City Administrator Hedges commented on Finance Van Overbeke'Olitcellent lities. Mayor Awada presented a plaque to Finance Director Van Overbeke honoring him forigii many years of service he provided to the City. Finance Director Van Overbeke said it I00R:$ t3 0cats ce the City. He further thanked the City Council and staff for giving him the optitAi frkittk aliCCA}y. C. Mr.:" 31iQ►t RECOGNITION, DON SAULT City Administrator Hedges said that the Administrative Intern has compiled information on the Millennium and he suggested that the members of the Millelim Committee meet to discuss the information. He noted that the Administrative Interfi 134Ontact Mayor Awada and Councilmember Masin to schedule a meeting. Councilmember Masin said thid 'sfie atkended t;DCEDP luncheon with the Shanghai delegation and was impressed with the rep ed s E w.es. who spoke from NCS and Skyline Displays. She further said that an Intergenerational meeting was :dfi...pri1 and a follow up meeting will be held on May 4 to review the results of the April 8 meeting. Councilmember Bakken stated that at the last NLC conference he came across a software package called Faces that he recommended to the Police Chief. Police Chief Kent Therkelsen said that the Police Department has'evaluated the software and it is much more economical and user friendly than other similar packages. He noted that the software aids in the success of crime fighting. CENSUS 2000 UPDATE 3 :EIN tt R REFERENDUM UPDATE City Administrator Hedges provided an date on the return rates by Census tracts. He said that a special edition of the Experience;gan neitter would contain information about the bond referendum. He stated that the newskgigifigigia:4010~4tdded that informational meetings will be held on May 9 and 11. Councilmemberl tiitiiltiosf'cjfici*tSft e4'what Development District #3 meant on the ballot. Finance Director Van Overbeke stated that the bond attorney requires that the ballot state that expenditures can only be made within this development district. Councilmember Blomquist questioned if the square footages of each area of the community center could be identified in the newsletter. Communications Coordinator j9a:ote stated that it had been suggested that the square footage of the banquet facility ansk: .R be identified; however, it was determined that listing the other square footages co nfu5lt+cg Councilmember Masin said it.,might be helpful to cfey,lop a schedule identifying how the City Council will handle subsequent decis should the refere4iiYism be approved. City Administrator Hedges said that the process would likifiktOpiliegAiffigtfiline would also be developed for Council's re view. EAGAN CITY COUNCIL MEETING NIINUTES; APRIL 18, 2000 PAGE 3 A. Personnel Items ENT END Item 1. It was recommended to approve] hiring of Brian Boufford, Mindy Picka, Trevor Flor, Valerie Bieitbarth, Sara Kilby, Ryan Palacio, Ste }Sl mie Lawrence, Allison Bulger, Kelsey Campion, Melissa Sportelli and Sara Towle as seasonal life d,fix;.,G,4ssfide Item 2. It was recommended to approve tTie' 'g oftdit' tiileer as a seasonal substitute lifeguard for Cascade Bay. Item 3. It was recommended to approve the hiring of Amy Renick, Tom Poulos, Amber Stevenson, Heidi Borgwardt, Taylor Arenson, Tim Oberle, Nick Novotny and Eric Warner as seasonal guest services workers for Cascade Bay. Item 4. It was recommended to approNi}.ite hiring.9f Sean Fjelstad, Brandon Burger, Matt Casey and Candice Courtright as seasonal concess sires fo scade Bay. Item 5. It was recommended to appro�i'e'•:i ie hiring�;t;¢ Mike Sowers as a seasonal tree inspector. Item 6. It was recommended to approv io¢ i pawyer as a seasonal horticultural specialist. Item 7. It was recommended to approve the hiring of Brian Fedde as a seasonal park attendant. Item 8. It was recommended to approve the hiring of Leroy Rgther as a part -time seasonal park maintenance worker. Item 9. It was recommended to approve t g'oP7 liee Kattleman, Erin Severson and Meghan Doherty as part -time seasonal concessi.Workers. Item 10. It was recommended to approve tli *Tt i ig ;;i}}idtew Beecher, Lucas Behnke, Julie Russomano and Crystal Stevenson as part -time conces4kers at Northview. Item 11. It was recommended to approve the retirement of George Kasat, a patrol officer who has served with the Eagan Police Department for 29 years. EAGAN CITY COUNCIL MEETING NIINUTES; APRIL 18, 2000 PAGE 4 C. Receive petition /order public hearing easement vacation (Canterbury Forest). It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on May 16, 2000. D. Contract 00-08, approve plan/auth%4g ad for bids (Chapel Hill Baptist Church Utility Improvements. .It was recommended t rove the plans for Contract 00-08 (Chapel Hill Baptist Church Utility Improvements) and auiliolize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, May 11, 2000. E. Project 792, receive feasibility reporN} itliorize 'and's' pecifications /approve County Signal Agreement (Lexington Ave. k Duckwc r. Traffic Signalization). It was recommended to receive the draft feasibility report for Project 742:(buckwood Drive and Lexington Avenue Traffic Signalization), authorize the preparation of detailed final plans and specifications, approve a Traffic Signal Agreement with Dakota County Highway Department and authorize the Mayor and City Clerk to execute all related documents. F. Lease Agreement with I.A. Manageiat for ar artment at the Wescott Townhomes. It was recommended to approve a lease betty the Citiiii Eagan and J.A. Management for the police substation at the Wescott Townhomes tititt would ome effective on May 1, 2000. G. Resolution, Arbor Day, May 6, 200. :4t eF4;.e irate 14.4 xp approve the Arbor Day Resolution setting Saturday, May 6 as Arbor Day :i+iM y 0fk w Aonth in the City of Eagan. H. License renewals for the year 2000. It was recommended to approve the commercial fertilizer license renewal and the tobacco license renewals for the year 2000. I. Amend City of Eagan Fee Schedule. It was recommended,to amend the 2000 Fee Schedule to accommodate the new $60 per hour rate for the newlyAssistant City Engineer position. J. Final Subdivision for Goetz First A44 It was recommended to approve a Final Subdivision entitled the "Goetz First Atdition" locates quth of Deerwood Drive and east of Denmark Avenue in the southwest 1 /4 of Section 22 K. Final Subdivision for Murphy Farm 3rd Addition; 14 w t. It was recommended to approve a Final Subdivision entitled the "Murphy Farms 3rd Additionniicated north of Murphy Parkway and east of Donegal Way in the northwest 1 /4 of Section 21. L. Final Plat and Final Planned Development for Gatewoods Addition, Welsh Companies, LLC. It was recommended to approve a Final Planned Development to allow a 45,110 square foot office building upon a 1.9 acre site located north of TolizgWitte Driv, Nest of O'Leary Lane upon property currently platted as Outlot C, Town CAfl* l#Iigs i i::NSidition (within the NE 1 /4 of Section 15) and a Final Plat (Gatewood's Addition) es#Ashing /Mid 3.2 acre lots upon property currently platted as Outlots B and C, Town Centre 100 Th Ad ion. gER M. Project 673R, approve assessmenastrAss9 Red Pine Lane Iim's Equipment Service, Inc. It was recommended to approve:Meiii* 1t agreement with Jim's Equipment Services, Inc., for Project 673R (Red Pine Lane Streets and Utilities) and authorize the Mayor and City Clerk to execute all related agreements. N. Acceptance of a $25,000 Local Collaborative Time Study Grant (LTCS). It was recommended to approve acceptance of $25,000 to help par rt b;rd future programs at the Wescott Townhomes. O. Project 790, receive petition /authorize feasibility repomE'�entral Park Way Streets and Utilities). It was recommended to receive a petitilrom Duke Weeksplty and authorize the preparation of a feasibility report for Project 790 (Cei P.� a}� -beee{;r;$ tad Utilities) by SRF Consulting Group, Inc. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 18, 2000 PAGE 5 Councilmember Blomquist commented on Personnel Item 11, retirement of patrol officer George Kasat, and thanked him for his service to the City. City Administrator Hedges added that he has been a tremendous asset to the community. Councilmember Bakken moved, GQundlmember Blomquist seconded a motion to approve the Consent Agenda, Aye: 4 Nay: 0 VACATE PUBLIC.�S .4t deteeti` CITY EASEMENT (GARDENWOOD DS 4TH ADDITION LOT 15, BLOCK 1) City Administrator Hedges provided an overview on this item. City Engineer.Russ Matthys gave a staff report. Mayor Awada opened the public.hearing to anyone wishing to speak. There being no one, she dosed the public hearing. t Councilmember Bakken movecWouncilngiliber Blomquist seconded a motion to approve the vacation of a portion of a public drainag*and util*f jc;easement within Lot 15, Block 1, Gardenwood Ponds 4th Addition, and authorize the a a>:: i13! 1 r:k•xtt execute all related documents. Aye: 4 Nay: 0 VACATE PUBLIC DRAINAGE AND UTILITY EASEMENT (ROYAL OAKS ADDITION LOTS 17 -20, BLOCK 1) AND FINAL PLAT FOR ROYAL OAKS 2ND ADDITION, ROYAL OAKS REALTY City Administrator Hedges provided an oy item. City Engineer Russ Matthys gave a staff report. Mayor Awada opened the pultlicligitig to anje wishing to speak. There being no one, she closed the public hearing. Councilmember Bakken moved, Mayor Awada'set*tt ed a motion to approve the vacation of public drainage and utility easements within Lots 17 -20, Block i, Royal Oaks, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 Councilmember Bakken moved, Mayor Awada seconded a motion to approve a Final Plat (Royal Oaks 2nd Addition) consisting of thre,9 Jots on 1.73 acres in the NE 1 14 of Section 14. Aye: 4 Nay: 0 PROJECT 656R, AUTHORIZI ELI II*i tY ENGINEERING/TRAFFIC STUDY AND FEASIBILITY REPORT (CEDARS:f WMIRFLAZA ACCESS IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember Bakken seconded a motion to authorize the preparation of a Feasibility Report and Traffic. g Study for Project 656R (Cedarvale Area /Village Plaza Access Modificati0 :Yr Inc. Aye: 4 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 18, 2000 PAGE 6 RESOLUTION DETACHMENT /ANNEXATION GONYEA DEVELOPMENT (ORCHARD HEIGHTS ADDITION) City Administrator Hedges pro an overview on this item. Planner Dudziak gave a staff Councilmember Bakken Moved, seconded a motion to approve a resolution approving the concurrent detac yment from Inver Grove Heights and annexation to Eagan of approximately 0.46 acres of land locatedggiJith of Highway 55. Aye: 4 Nay: 0 PRELIMINARY SUBDIVISION GENE BRENDA P}EIJ±R (PFEIFER ADDITION) report. Al, Bl City Administrator Hedges proyd2d an overview on this item. Planner Dudziak gave a staff report. Councilmember Bakken movedAyor Aa seconded a motion to approve a Preliminary Subdivision to create two lots on 6.7 acres located ;S Northwood Parkway north of Byerly's and south conditions: of The Home Depot in the SE 1/4 of Sectiq}i;?#(�j 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: 2. The property shall be platted. 3. As -built record plan drr,:ati# igiiif ie stofii sewer system across Lot 2, in accordance with City engineering stanch. shall berovided prior to final plat approval for this subdivision. 4. Public drainage utility easement shairti'i't i ated on the final plat over that portion of the development's storm sewer system across Lot 2 that provides drainage for both lots. 5. A revised landscape plan shall be submitted for staff review and approval prior to final subdivision approval that inFjudes some evergreen and deciduous trees with the shrub beds along Northwood Pte' ;p pro 1k ht variety and better screening of the parking lot. On the eal #:1C oli'..2 •pi°opbsed landscaping shall be shifted to outside of the parking ifikii staff, ggests the use of an evergreen shrub in this location to provide yea wound sawing of the parking lot. Councilmember Masin said sh ir. 2 Ci)riginal PD Amendment because she preferred the full service hotel on this Safe ''$tit fiai3liliciii is#i would not support this request. A vote was taken on the motion. Aye: 3 Nay: 1 Councilmember Masin opposed) ARENA UP/FIJ�+#�3�AY City Administrator Hedges pr ded an overview is item. Discussion occurred regarding a community dean-up day and the "Ctmas in Aril" x.rgi •gym. It was decided that more information would be needed with re •�4: fif f ;of the programs. Councilmember Blomquist said she would be interesteen"'.dn•'fctee with other members of the public to st•s`i#f�tg EAGAN CITY COUNCIL MEETING MINUTES; APRIL 18, 2000 PAGE 7 plan this event: Mayor Awada stated that holding one of these events is a good idea; however, it would not be possible to hold it this May. She added that if Coundlmembers Masin and Blomquist were interested in serving on the committee they could do so. Councilmember Blomquist suggested allowing the community to participate in the planning. Councilmember Masin suggested that the Recycling and Waste Reduction Advisory Comm issionJ,.q.involved in the planning. Mayor Awada concurred that the commission could take on a leadership flit#; Councilmember Bakken agreed that Councilmembers Masin and Blomquist should serve on tliWtipmmittee and proceed with meetings. He added that the Council could be apprised of the Recydi d: Advisory Commission's input following their next meeting. LOCAL PRIMA.RY/IUEST BY COUNCILMEMBER CARLSON Mayor Awada said she did not think it was possible local government to hold a primary. Councilmember Blomquist said she did not think there would be enough time for staff to gather all the information necessary to-consider this item at the April 25 special City Council meeting. She mentioned that there are currently two other grou s.who are working on the review of election laws. She added that she would like to get more people glfolved u ti lis discussion. City Administrator Hedges said that staff could obtain a copy of the state stie and ttL�3aga1 process by April 25. Councilmember Masin said that her main concern is that staff the Cecil are already overburdened and added that this item should be discussed after the June•$#eferendttiit. Councilmember Bakken said he did not see the need for a primary at the local level; ha mr:griisoo sg Rpies of the state statute should not be a problem. Councilmember Masin state4: :int ia*:*114g deal for staff to get the information; however, the issue should be addressed after June. Date Staff was directed to collect the appropriate information regarding a local primary for distribution to the City Council in the next Informative Memo. Councilmember Bakken added that Councilmember Carlson could address the issue at a future City Council meeting. IMPLEMENTATION SCW? PREVENTION WATER CONSEINarid PI,M& IIGH PRESSURE ZONE) City Engineer Matthys provided adi: this item. Mayor Awada moved, Councilmember Bakken s a motion to authorize the implementation of an Emergency Prevention Water Conservation Plan for the City's High Pressure Zone from May 1 to June 30, 2000. Aye: 4 Nay: 0 URNMENT If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681 -4600, (TDD phone: (651) 454- 8535). for lack of a second" city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 28, 2000 SUBJECT: AGENDA INFORMATION FOR MAY 2, 2000 CITY COUNCIL MEETING A typographical error was corrected as follows: 1 MEMO After approval is given to the May 2, 2000 City Council agenda, the minutes of the April 18, 2000, April 4, 2000 and March 21, 2000 regular City Council meeting, and the minutes of the April 4, 2000 special City Council meeting, the following items are in order for consideration. The March 21 and April 4 regular City Council meeting minutes were continued to May 2 due to a number of changes requested by Mr. Poppler and the City Council. The following excerpt is from the April 4 minutes with regard to changes suggested to the March 21 minutes: Mayor Awada requested the following changes to paragraph four on page eight, "Councilmember Blomquist moved, Councilmember Masin seconded a motion to delete the reference to the clock tower as part of the corner monument eleeler signage from the PD conditions and to approve the clock tower element as part of the stairwell structure as shown on the revised elevation rendering." She also requested the following paragraph be inserted before the eighth paragraph on page eight, "A vote was taken on the motion. Aye: 2 Nay: 2 (Mayor Awada and Councilmember Carlson opposed) The motion failed for lack of a majority." She further requested the following changes to the eighth paragraph on page eight, "Councilmember Masin moved, to rescind her previous vote. The motion failed In the first sentence under Personnel Items on page three, "It was recommended to approve the hiring of Thomas Bohrer as a Community Service Off-eke Officer." Councilmember Masin noted that Mr. Poppler had asked that additional language be included in the minutes as outlined in an attached memorandum from him. Mayor Awada and Councilmember Carlson concurred that approval of the minutes should be continued to allow additional time for review of the videotape to compare it with Mr. Poppler's request. Mayor Awada said that the Council needs to determine if they want to include a transcription of specific discussion in the minutes. Mayor Awada moved, Councilmember Carlson seconded a motion to continue consideration of the March 21, 2000 City Council minutes to the April 18, 2000 City Council meeting. Recording Secretary Karels stated that the minutes are a synopsis of the discussion that occurs at a meeting and not a verbatim transcript. She did not dispute the comments that Mr. Poppler was asserting he had made; however, she questioned the level of detail the Council wanted in the minutes and if they should the reflect body language exhibited by Councilmembers as requested by Mr. Poppler. Councilmember Bakken said he would be wary of relying on a fully transcripted version of the meeting because there are still elements that would not be captured by a written representation of the meeting, such as gestures, body language, etc. He said that Mr. Poppler's concern seems to be that comments he made were not included. He suggested reviewing the tapes to determine if his comments were left out. He said that the comments could be included if he did make them otherwise the Council will need to decide if they want to get into the practice of allowing individuals to read a memo into the minutes. City Administrator Hedges said that the Recording Secretary could listen to the audiotape of the meeting to substantiate Mr. Poppler's recommended changes. A vote was taken on the motion. Aye: 4 Nay: 0 (Councilmember Bakken abstained) Mr. Poppler requested that certain comments he made at the March 21 City Council meeting be included in the minutes. As previously stated, Administrative Secretary Karels does not dispute the fact that Mr. Poppler made these comments; however, the question the Council must address i whether the minutes should be revised to reflect Mr. Poppler's request. Attached on page b is a memo submitted by Mr. Poppler and distributed to the Council prior to the Council meeting on April 4. Also enclosed on page C is a copy of a revised memo that Mr. Poppler submitted on April 10. The City Attorney was contacted with regard to policy options and it was his recommendation that the Council approve the minutes, per usual practice; however, a notation could be included in the minutes indicating that Larry Poppler submitted his concerns in writing. A copy of Mr. Poppler's memo could be placed in the project file and included with the City Council packet file for the March 21 meeting. He further advised that the Council should not adopt any minutes but their own and that Councilmembers should be determining what is included in the minutes and not members of the public. There were additional corrections suggested to the March 21 and April 4 minutes by Councilmembers Blomquist and Masin. Attached on pages 1 IS through) 4 is a copy of a memo prepared by Administrative Secretary Karels addressing the requested changes. la 4 -3 -00 TO: Thomas Hedges City Administrator City of Eagan FROM: Larry Poppler RE: Request to have the City Council review the minutes (of the March 21` meeting) to include the following facts that were discussed or mentioned: (facts and items excluded from the preliminary draft of the minutes) The minutes do not recognize and mention that the classification used for the neighborhood assessment does NOT APPLY to all property owners in the neighborhood. The minutes ignored the fact that the discussion included the fact that the Public Works Director knows of NO OTHER CASES where everyone is classified as a developer (in a neighborhood). Also, left out was that fact mentioned that the City Administrator indicated through correspondence that NOT everyone met that classification. It was also stated that the City Administrator stated to Larry Poppler that it was a mistake to use that classification. After Councilmember Masin stated that the Council did not use the appropriate procedure in determining the assessment on Poppler Lane, no mention was given that all Council Members were in agreement with that statement. (by de facto body language showing agreement) Nothing was noted about the false labeling that in turn caused denial of appraisals to base an assessment on `benefit received" (as required by State Statute). It was mentioned by Larry Poppler that the time line for the complaint was falsely lengthened by Mayor Awada. Discussion was made that Council Member Carlson would rather defend an error (lie) than correct a mistake. No mention was given that Lary Poppler mentioned that the Mayor gave a quiet Ha! Ha! after the March 7' Council Meeting. These items are necessary to include in the minutes to give a more accurate description of the subject discussed. To eliminate any would not give a true and accurate picture of the discussions. 4 -10 -00 TO: Thomas Hedges City Administration RE: Request to revise the minutes of the March 21'` regular council meeting to include pertinent facts that were discussed or mentioned. FROM: Larry Poppler I concur that the recorded council minutes cannot have total dialogue of a discussion of a discussed issue. But, to ignore important facts germane to the discussion and the decision would take away from any objectivity that should be required for such records. Listed below are important facts that were DISCUSSED AND REASONS why Larry Poppler requested that the city attorney make a ruling regarding if there was reasonable cause to show that the assessments were excessive. 1) The classification used for the neighborhood assessment does NOT APPLY to all property owners in the neighborhood which was confirmed by the City Administrator. The council had available information that indicated that the Public Works Director knew of NO OTHER CASES where everyone is classified as a developer (in a neighborhood). 2) After Council Member Masin stated that the Council did not use the appropriate procedure in determining the assessment on Poppler Lane, there was DE FACTO agreement by all council members of that observation. 3) Discussion was made that Council Member Carlson would rather defend an error (lie was the word used) than correct a mistake. 4) The draft minutes failed to recognize that Larry Poppler mentioned that the Mayor gave a quiet Ha! Ha! after the March 7 meeting. Yet the draft minutes stated that the Mayor "thought Mr. Poppler was being encouraged by other Council Members to keep revisiting this issue." Conclusion: To omit material facts of one side and to include the personal political opinion of a Mayor can professionally slant the objectivity of the recorded minutes. Let me again quote Minnesota Statute Section 412.191 Subdivision 2, "The Mayor has an obligation to be impartial and objective in conducting meetings. Mayors should not use their power to freely support their own convictions." This statute is necessary to act as a checks and balance against bias either political or person. To omit important facts and yet record political bias can have some serious implications. Note: As per my discussion with Marie, this revision issue will not be discussed at the 4 -11-00 special council meeting. But, given to the council members in a packet for the 4 -18 -00 council meeting. d e- city of eagan On page two, she suggested the second paragraph be stricken as follows, MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE SECRETARY KARELS DATE: APRIL 20, 2000 SUBJECT: CHANGES TO MARCH 21 AND APRIL 4 CITY COUNCIL MINUTES Councilmember Blomquist requested the following change to the March 21, City Council minutes: Councilmember Blomquist said that the word "she" was not attributed to any particular Councilmember. The reason for this was because there was an inadvertent space between paragraphs one and two. "She" actually referred to Mayor Awada. Additionally, she said that this statement was Mayor Awada's opinion and added that opinions should not be included in the minutes or, at the very least, the other Councilmembers should be given an opportunity to refute the comment. Councilmember Blomquist further commented on Mayor Awada's "sweeping changes" to the March 21 minutes. It should be noted that these changes were substantive in nature as I had the motions in the incorrect place. Additionally, Councilmember Blomquist questioned when I had received the requested changes from Mayor Awada. I had received them on Monday prior to the Tuesday City Council meeting. As has been customary in the past, the changes were disseminated prior to the meeting. Councilmember Masin requested the following changes to the April 4 City Council minutes: On page six, regarding Project 784R, Louis Lane, Councilmember Masin said that her comment about not supporting the project unless eminent domain was removed from the motion was not included in the minutes. However, the second sentence in the sixth paragraph reflects her position as follows, "She added that she would support the project because it is needed if the provision allowing the Council to acquire easements through the quick -take eminent domain process were removed from the motion." Also, the motion does not include any reference to acquisition of easements through the eminent domain process. In the second sentence in the seventh paragraph on page six, Councilmember Masin noted a typographical error as follows, "She sated stated that the fact that the Schaafs are agreeable to this proposal indicates that it is negotiable." On page six, regarding Variance request Pinnacle Properties, Councilmember Masin questioned why she may have supported the substantial variance request. In listening to the audiotapes, the following excerpt was taken, "John Kosmos, with KKK Design, who was representing the applicant, stated that the first phase of the building was constructed in 1984 and the second phase was constructed in 1985, which conformed to a 20 foot setback. He added that the setback was supposed to have been 40 feet; however, there was no recollection as to why this oversight occurred. He said that it makes sense to allow the building expansion and new parking construction to utilize these same setbacks due to the lines and shape of the property since the site is very restrictive because of its triangular shape. He stated that with regard to the parking setback, it was originally established at less than ten feet and they are willing to maintain the ten foot setback along Old Sibley Memorial Highway for future parking. He said that the building functions well with the parking even as it is reduced, but in the future the understanding is that the parabolic dishes and tower will be removed as differences occur between MediaOne and their operation and the City's needs. He added that the parking will be expanded at that time, if necessary." The verbatim comments from Councilmember Masin were as follows, "Councilmember Masin said she would move approval, even though she normally does not do a lot with variances, but given the history there is reason to approve this request and it is a real good way to improve the property as a whole." Councilmember Masin will need to determine what portion of the above excerpts she would like included in the minutes. On page eight, the second sentence in the sixth paragraph under "Receive Public Input on Proposed Community Activity Center", Councilmember Masin questioned if the sentence, "Mayor Awada stated that the Council does not appoint all task forces" was Mayor Awada's opinion or if it were fact. She further questioned if the Council did or did not appoint this task force. She added that the statement should be clarified as to whether it was factual or opinion- based. Councilmember Masin will need to determine what she wants included in the minutes. On page nine, Councilmember Masin requested the minutes reflect her response to the second to the last sentence in the second paragraph, "Mayor Awada asked Councilmembers Masin and Blomquist if the statements made by Mr. Dean and Ms. Widmar represented the views of the Eagan OPEN since both Councilmembers were part of this group" and said that she had tried to counter this statement and refute Mayor Awada's comment. In listening to the audiotapes, the verbatim comment by Mayor Awada was as follows, "Councilmember Masin and Blomquist, you are part of the Eagan OPEN group. Does that generally represent what you have been hearing from the group?" Councilmember Masin responded as follows, `I have attended the meetings and those represent some of the discussions I have heard" I could add Councilmember Masin's response as noted above in place of the last sentence in this paragraph, which is, "Councilmember Masin said their views did represent the views of the Eagan OPEN." In the Additional Information memo of April 17, it was suggested that a sentence be added at the end of the paragraph as follows, "It was noted that City Councilmembers Blomquist and Masin and City staff have attended Eagan OPEN meetings." This comment was not heard on the audiotapes. A typographical error was noted in the eighth paragraph on page nine, Jeska was changed to Teska. lc_ On page 11, Councilmember Masin wanted to counter Mayor Awada's comments in the second paragraph. After listening to the audiotapes, I could add her verbatim comments to the end of paragraph two, "Councilmember Masin took issue with Mayor Awada's business expertise. She added that she attends quality control meetings that are done for businesses and that is planning and strategy." On page 11, Councilmember Masin requested the following be added after the seventh paragraph, "Councilmember Masin asked why it would be necessary to relieve the Task Force of their duties and said as members of the Task Force they would be a more cohesive unit. Mayor Awada responded that she thought they were going to form an advocacy group and that right now they are an official group of the City and the City is under certain legal duties to limit the pro things it does. The City can give out facts and so this is just sort of a legality." On page 10, the fourth sentence in the seventh paragraph, was requested to be revised as follows by Councilmember Blomquist, "Mayor Awada noted that the City has no outstanding debt on any other project in the City besides streets and utilities, which are funded by assessments; however, there are projects that require internal payback for capital debt such as Cascade Bay, with a payment to the Community Investment Fund and a bond to be paid back by for the purchase of the land in the Central Park." This request is a clarification to Mayor Awada's comments; however, it was not stated at the meeting according to my review of the audiotapes. On page 10, the last sentence in the second to the last paragraph, Councilmember Blomquist requested that a clarification be made by the City Attorney regarding the following statement, "City Attomey Sheldon stated that the final question needs to be in the form of one question." After listening to the audiotapes, City Attorney Sheldon's verbatim comments were as follows, "We 're trying not to get caught up in our undershorts on this deal. We have from the bond lawyer the bond question. If you want to attack the bond question in parts, 1 don't see that there is a problem with that, but ultimately the final question needs to be all one question" Councilmember Blomquist will need to determine what she would like added to the minutes. Agenda Information Memo May 2, 2000 Eagan City Council Meeting DEPARTMENT HEAD BUSINESS A. SEWER MAINTENANCE CAMERA ACQUISITION ACTION TO BE CONSIDERED: Amend the 2000 Enterprise Fund Budget for Department 62 (Sanitary Sewer Maintenance) by an additional $68,000 and Authorize the Acquisition of a Sewer Maintenance Camera from the Lowest Responsible Bidder. FACTS: Historically, the City has retained contractual outside services to televise the City's mainline sewer system for both preventative and corrective maintenance. To obtain these contractual services, the City has had to schedule specific times far in advance for this service. The contractor has not always kept the prescheduled dates and times which has caused problems and inefficiencies in our pre cleaning operations. In addition, there have been many occasions where the City needed these services on an immediate basis to investigate or correct a sewer problem to minimize the potential for excavation and, could either not obtain it, or had to pay a premium price. During the preparation of the 2000 Enterprise Fund Budget for Department 62 (Sanitary Sewer Maintenance), the related capital budget account #4570 (Other Equipment) was proposed to be increased by $67,000 to finance the purchase of a sewer camera with trailer. Correspondingly, the operating budget account #4310 (Professional Services General) was reduced by $15,000 representing an approximate 4+ year buy back in operating cost savings. Through an inadvertent omission, the capital request was deleted along with the operating budget for contractual services. Currently, there are no funds for any televising services in 2000. The Public Works Department, not realizing that the capital equipment request was not included, proceeded with soliciting bids for a mainline sewer camera. The lowest responsible bid came in at $51,522 (does not include the required trailer). Based on this favorable bid, it is recommended that the previous proposed trailer be replaced by a 1/2 ton cargo van (est. $16,500) to facilitate better off road accessibility and controlled environment for the camera. The vehicle would be purchased through the State of Minnesota government purchasing program. ISSUES: Three bids were received for the sewer camera. After reviewing all bids, it was determined that the lowest bid did not meet the bid specifications. Therefore, the purchase should be awarded to the lowest responsible bidder who met all bid specifications (ABM Equipment). ATTACHMENTS: Resolution supporting the award to the lowest responsible bidder, page 3 WHEREAS, the City Council finds that the bid of Northem Sewer Equipment in the amount of $41,100.44 does not conform to the bid specifications and requirements and is therefore determined to be non responsive: and, WHEREAS, it has been determined that ABM Equipment's bid of $51,522 meets all the bid specifications and requirements and is determined to be fully responsive; ATTEST: Maria Karels, Deputy Clerk CITY OF EAGAN A RESOLUTION AWARDING CONTRACT FOR PURCHASE OF SEWER TELEVISING EQUIPMENT 3 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota: 1. Said contract for the purchase of sewer televising equipment is awarded to ABM Equipment in the amount of $51,522. CITY OF EAGAN By: Patricia E. Awada Its: Mayor The motion for the adoption of the foregoing resolution was duly made by Councilmember seconded by Councilmember and upon voting being taken thereon, the following voted in favor: Unanimous; and the following voted against same: None. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and her signature attested by the Deputy City Clerk. Agenda Information Memo May 2, 2000 Eagan City Council Meeting B. RECEIVE BID AND AWARD SALE OF $3,425,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A ACTION TO BE CONSIDERED: To approve the resolution awarding sale of $3,425,000 General Obligation Improvement Bonds, Series 2000A. FACTS: A resolution to issue and sell the bonds was approved at the April 4, 2000 City Council meeting. The General Obligation Improvement Bonds, Series 2000A bonds will provide permanent financing for 18 public improvement projects that are now completed and assessed or will be assessed in the near future. The City Administrator and Acting Director of Finance will coordinate the bid opening with the City's fiscal consultant, Springsted. Dave MacGillivray with Springsted will be at the City Council meeting to present the bids and to recommend action. Ratings have been requested from both Moody's (currently Aa2) and Standard Poors (currently AA The Director of Finance has been in telephone contact with both rating agencies and ratings are expected shortly. Sale recommendations and Official Statements have been forwarded to the City Council previously. ATTACHMENTS: Enclosed on pages 5 through 9 is a copy of the resolution awarding the sale of $3,425,000 General Obligation Improvement Bonds, Series 2000A. 4 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City Hall in the City, on Tuesday, May 2, 2000 at 6:30 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the meeting was convened for the purpose of considering proposals for the purchase of $3,425,000 General Obligation Improvement Bonds, Series 2000A. Name of Bidder Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota The City Clerk then presented the proposals received prior to 10:00 o'clock A.M. pursuant to the Terms of Proposal for the General Obligation Improvement Bonds, Series 2000A. These were examined and found to be as follows: Interest Rates Purchase Price SEE ATTACHED 5- moved its adoption: follows: Member introduced the following written resolution and RESOLUTION AWARDING SALE OF $3,425,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as 1. The proposal of (the `Turchaser to purchase the $3,425,000 General Obligation Improvement Bonds, Series 2000A of the City at a price of plus accrued interest is hereby found and determined to be the best proposal received pursuant to the Terms of Proposal, and shall be and is hereby accepted, said offer being to purchase Bonds bearing interest according to year of maturity as follows: Maturity Interest Maturity Interest (February 1) Rate (February 1) Rate 2001 2008 2002 2009 2003 2010 2004 2011 2005 2012 2006 2013 2007 2014 Term Bonds Due February 1, 20_ Term Bonds Due February 1, 20_ Term Bonds Due February 1, 20_] 2. To provide funds for Improvement Projects Nos. 723, 725, 727, 728, 729, 733, 673R, 717R, 694, 663, 755, 757, 756, 753, 762, 738, 763 and 740 (the "Improvements the City hereby determines that it is necessary and expedient to issue pursuant to Minnesota Statutes, Chapter 429, its negotiable General Obligation Improvement Bonds, Series 2000A (the "Bonds in the aggregate principal amount of $3,425,000, dated June 1, 2000, which Bonds shall bear interest at the rates above set forth, computed on the basis of a 360 -day year of twelve 30 -day months, payable February 1, 2000 and semiannually thereafter on February 1 and August 1 in each year, and shall mature serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2001 $310,000 2008 $230,000 2002 270,000 2009 230,000 2003 265,000 2010 230,000 2004 265,000 2011 230,000 2005 245,000 2012 230,000 2006 230,000 2013 230,000 2007 230,000 2014 230,000 [The Term Bonds maturing on February 1, 20_, February 1, 20_, and February 1, 2014 are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on the mandatory redemption dates and in the principal amounts as follows: Term Bonds Due February 1. Mandatory Redemption Date Principal Amount February 1, February 1, *Final Maturity Mandatory Redemption Date February 1, February 1, Term Bonds Due February 1, Principal Amount Term Bonds Due February 1, 2014 Mandatory Redemption Date Principal Amount February 1, 2013 $230,000 February 1, 2014 230,000 The principal amount of the Bonds maturing on February 1, 2014 or required to be redeemed on each mandatory redemption date as set forth above, may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of Bonds of such maturities credited against future mandatory redemption requirements for such Bonds in such order as the City shall determine. In addition, on or prior to the 60th day preceding any mandatory redemption date, the Registrar and Paying Agent may, and if directed by the City shall, purchase the Bonds maturing on February 1, 2014 in an amount not exceeding the amount of the Bonds of such maturity required to be redeemed on such date and at a price not exceeding the principal amount thereof plus accrued interest. Any Bonds so purchased shall be canceled and the redemption thereof shall be credited against the principal amount of Bonds of such maturity required to be redeemed on the next mandatory redemption date.] All Bonds maturing on or after February 1, 2006, being subject to redemption and prior payment in whole or in part in such order as the City may determine and by lot within a maturity at the option of the City on February 1, 2005, and any date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. The Bonds shall be numbered R -1 upwards in order of issuance or in such other order as the Registrar may determine and shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the amount maturing in any year. 3. The Bonds, the Registrar's Authentication Certificate and the form of assignment shall be in substantially the following form: 8 Interest Rate Registered Owner: Principal Amount: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2000A Maturity Date of Original Issue CUSIP June 1, 2000 The City of Eagan, Dakota County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on such Principal Amount at the Interest Rate specified above from June 1, 2000, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on February 1 and August 1 of each year, commencing February 1, 2001, until said principal amount is paid. Principal is payable in lawful money of the United States of America at the office of in Minnesota, as Bond Registrar or of its successor as Bond Registrar designated by the City upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each February 1 and August 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person's address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. [The Bonds of this series having a stated redemption date of February 1, February 1, and February 1, 2014 are subject to mandatory sinking fund redemption respectively on February 1 in each of the years and as provided in the Resolution described below.] The Bonds of this series maturing on or after February 1, 2006, are subject to redemption at the option of the City, in whole or in part in such order as the City may determine and by lot within a maturity, on February 1, 2005 and any date thereafter at par and accrued interest. Thirty days' notice of prior redemption will be given by mail to Ns' 9 the bank where the Bonds are payable and to the registered owners in the manner provided by Chapter 475, Minnesota Statutes. Any defect in mailing notice of redemption shall not affect the validity of the proceedings for redemption. Any Bond called for redemption, and for the payment of which moneys are set aside by the City on the redemption date, shall not bear interest after the redemption date, regardless of any delay in its presentation. During such time as this Bond is registered in the name of Cede Co., as nominee of Depository Trust Company New York, New York "DTC the method of payment, notice of redemption and certain other matters are subject to the terms of a Blanket Letter of Representation executed by the City and DTC as such Letter may be amended from time to time. This Bond is one of an issue of Bonds in the aggregate principal amount of $3,425,000, all of like date and tenor except as to maturity, interest rate and redemption privilege, issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Chapter 429, Minnesota Statutes, for the purpose of providing funds for various street, sewer, water and storm sewer improvements identified in the Resolution described below; and this Bond is payable primarily from special assessments levied from its Improvement Bonds of 2000A Fund, but this Bond constitutes a general obligation of the City and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the City is hereby irrevocably pledged, and the City will levy ad valorem taxes on all taxable property in the City, if required for such purpose, without limitation as to rate or amount. This Bond is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Bonds of this series adopted May 2, 2000 (the "Resolution only upon books of the City kept at the office of the Bond Registrar by the Registered Owner hereof in person or by the Registered Owner's duly authorized attorney, upon surrender of this Bond for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the Registered Owner hereof or the Registered Owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination, as requested by the Registered Owner or the owner's duly authorized attorney upon surrender thereof to the Bond Registrar. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City of Eagan, Minnesota, by its City Council, has caused this Bond to be executed in its behalf by the facsimile signature of the Mayor and by the facsimile signature of the Deputy City Clerk, all as of the Date of Original Issue specified above. Dated: June 1, 2000 (Facsimile Signature) Mayor (Facsimile Signature) Deputy City Clerk Bond Registrar's Certificate of Authentication and Registration This is one of the Bonds described in the within mentioned Resolution and this Bond has been registered as to principal and interest in the name of the Registered Owner identified above on the registration books of the City of Eagan, Minnesota. Bond Registrar By Authorized Signature Dated: Signature Guaranteed: Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Please insert Social Security Number Notice: The signature to this assignment or other identifying number of must correspond with the name as it appears Assignee on the face of this Bond in every particular, without alteration or any change whatever. 4. The Bonds shall be payable upon presentation at the office of in Minnesota, as Registrar and Paying Agent, or at the offices of such other successor agents as the City may hereafter designate upon 60 days' mailed notice to the registered owners at their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the registered owners at their addresses shown on the registration books on each interest payment date unless other arrangements satisfactory to the Bond Registrar the City and the registered owners of Bonds are made. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 5. The Bonds shall be prepared in typewritten or printed form under the direction of the Deputy City Clerk and when so prepared shall be executed on behalf of the City by the facsimile signature of the Mayor and by the facsimile signature of the Deputy City Clerk. The Bonds shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond Registrar is authorized and directed to register the Bonds initially issued hereunder in such names as the purchaser may direct. The Bonds initially issued hereunder shall be registered as of June 1, 2000, and all Bonds issued in exchange therefor shall be registered as of such date, or, if issued after the first payment date, as of the most recent interest payment date on which interest was paid or duly provided for. When the Bonds shall have been so prepared and executed, they shall be delivered by the Finance Director in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre Benson, as Bond Counsel, and the purchaser shall not be required to see to the proper application of the proceeds. 6. (a) For purposes of this paragraph 6, the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede Co." shall mean Cede Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean Depository Trust Company New York, New York. "Participants" shall mean those broker dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Blanket Letter of Representation from the City to DTC, heretofore approved by this Council. (b) The Bonds shall be initially issued as separate authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register of the City kept by the Registrar in the name of Cede Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Registrar shall pay all principal of and interest on the Bonds only to Cede Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and pl3 discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede Co., the Bonds will be transferable to such new nominee in accordance with subparagraph (f) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with subparagraph (f) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with subparagraph (f) hereof. (d) Notwithstanding any other provision of this Resolution apparently to the contrary, so long as any Bond is registered in the name of Cede Co., as nominee of DTC, all payments with respect to the principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, to DTC as provided in the Representation Letter. (e) The execution and delivery of the Representation Letter to DTC by the Mayor or the City Clerk, is hereby ratified and confirmed and the terms of the Representation Letter are made applicable to the Bonds. The Representation Letter incorporate by reference certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (f) In the event that any transfer or exchange of Bonds is permitted under subparagraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of paragraph 7 hereof. 7. As long as any of the Bonds issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said office of the Bond Registrar books for such registration and transfer. Upon surrender for transfer of any Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series, of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. The Bonds, upon surrender thereof at the office of the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the City shall execute and the Bond Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the City or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of redemption in the case of a proposed redemption of Bonds or to make any transfer during the fifteen (15) days next preceding any February 1 or August 1 interest payment date. 8. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the City in any lawful manner, if, after notice given by the City to the Bond Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered.under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 9. As to any Bond, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 10. There is hereby created a special fund, to be known as the Improvement Bonds of 2000A Fund, for purpose of paying principal and interest on the Bonds, and in the event the principal of and interest upon the said Bonds shall become due and payable and there are insufficient moneys in said fund to pay such principal and interest, the City Treasurer is authorized and directed to pay said principal and interest from the general fund and thereafter to reimburse said general fund from collections of special assessments for the Improvements. The proceeds of the Bonds herein authorized shall be deposited in a separate construction fund to be used solely for the payment of expenses of such Improvements. Any remaining proceeds may be used for any lawful purpose. All future collections of special assessments for the Improvements are hereby irrevocably appropriated and pledged to the payment of principal of and interest on the Bonds herein authorized, and the moneys and investments in the Improvement Bonds of 2000A Fund shall be used for no other purpose than to pay principal and interest on the Bonds until such principal and interest shall have been paid in full; provided, however, that nothing herein contained shall prevent the issuance and sale of additional bonds payable from the proceeds of such assessments to provide additional funds to pay the balance of the cost of said Improvements. The City is hereby authorized to levy assessments for said Improvements for which special assessments have not heretofore been levied. The City Treasurer may create separate accounts within the Improvement Bonds of 2000A Fund for any capitalized interest and for assessment prepayments. 11. There is hereby levied upon all the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected as part of other general ad valorem taxes of the City in the years and amounts as follows: Levy Year Collection Year 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 2012 2013 Amount Said levy shall be irrepealable and the taxes so levied are irrevocably appropriated to the debt service fund, but the City reserves the right to reduce said levy in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. It is hereby found and determined that the foregoing taxes, if collected in full, will, together with the estimated collection of pledged special assessments, produce at least five percent in excess of the amount needed to meet when due the payments of principal and interest on the Bonds; but the Bonds are general obligations of the City to which the full faith, credit and unlimited taxing powers of the City have been and are hereby pledged; and the City Council shall levy general ad valorem taxes on all taxable property in the City, if necessary, to pay the principal of and interest on the Bonds when due. 12. The Deputy City Clerk is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and records relating to the issuance of said General Obligation Improvement Bonds, Series 2000A and to the right, power and authority of the City and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. 13. The Official Statement relating to the Bonds, on file in the office of the Clerk and presented to this meeting, is hereby approved and its designation as a "near final" Official Statement for purposes of Rule 15c2 -12 of the Securities and Exchange Commission and the furnishing thereof to prospective purchasers of the Bonds are hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. The Continuing Disclosure Certificate included in the Official Statement is hereby approved and shall be executed and delivered in connection with the delivery of the Bonds. The Continuing Disclosure Certificate constitutes a contractual obligation in accordance with its terms. 14. The officers of the City are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code by the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued. 15. The City shall not take or permit any action that would cause the Bonds to be "private activity bonds" within the meaning of Section 141 of the Code. The City shall comply with the rebate requirements imposed under Section 148(0 of the Code and regulations thereunder, including (if applicable) the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The Deputy City Clerk and City Administrator of the City is hereby authorized to make on behalf of the City all elections that they may deem necessary and expedient under Section 148 of the Code. In addition, the City shall make no investment of funds that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and regulations thereunder. All terms used in this paragraph 15 shall have the meanings provided in the Code and regulations thereunder. 16. The Deputy City Clerk shall furnish a certified copy of this resolution to the County Auditor of Dakota County, and obtain the County Auditor's certificate as required by law. The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF DAKOTA SS. CITY OF EAGAN (Seal) M1:616150.01 I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of Eagan, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held May 2, 2000 with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $3,425,000 General Obligation Improvement Bonds, Series 2000A of said City. WITNESS My hand officially and the seal of the City this of May, 2000. Deputy City Clerk City of Eagan, Minnesota Agenda Information Memo May 2, 2000 Eagan City Council Meeting C. RESOLUTION APPROVING SALE OF $2,305,000 EAGAN ECONOMIC DEVELOPMENT AUTHORITY DEVEOPMENT DISTRICT REVENUE BONDS, SERIES 2000 AND AUTHORIZING THE EXECUTION AND DELIVERY OF LOAN AGREEMENT ACTION TO BE CONSIDERED: To adopt the resolution approving the sale of $2,305,000 Eagan Economic Development Authority Development District Revenue Bonds, Series 2000 and authorizing the execution and delivery of the Loan Agreement. FACTS: In separate action the Eagan Economic Development Authority will be receiving the bid and awarding the sale of $2,305,000 Development District Revenue Bonds, Series 2000. The City will be entering into a Loan Agreement with the EDA to provide payments that the EDA will use to make the debt service payments on the financing. The City will levy an ad valorem tax to raise the funds for the loan payments. ATTACHMENTS: Enclosed on pages I through is a copy of the resolution approving the sale of $2,305,000 Eagan Economic Development Authority Development District Revenue Bonds, Series 2000 and authorizing the execution and delivery of the Loan Agreement. do adoption: Extract of Minutes of Meeting of the City Council of the City of Eagan, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Eagan, Minnesota was duly held at the City Hall in Eagan, Minnesota, Tuesday, May 2, 2000 at 6:30 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the meeting was convened for the purpose of considering the approved of a Loan Agreement relating to the issuance by Eagan Economic Development Authority of its Development District Revenue Bonds, Series 2000. Member introduced the following written resolution and moved its RESOLUTION APPROVING SALE OF $2,305,000 EAGAN ECONOMIC DEVELOPMENT AUTHORITY DEVELOPMENT DISTRICT REVENUE BONDS, SERIES 2000 AND AUTHORIZING THE EXECUTION AND DELIVERY OF LOAN AGREEMENT WHEREAS, this Council has determined that it is necessary and expedient that the City finance part of the costs of purchasing land in Development District No. 3 (the "Project under a Loan Agreement (the "Loan Agreement to be entered into between the City and the Eagan Economic Development Authority (the "Authority WHEREAS, the Project is a component of the Development Program for Development District No. 3 and includes economic development facilities which require financing; WHEREAS, THE City is authorized to enter into the Loan Agreement under Minnesota Statutes, Section 469.101, Subd. 20; WHEREAS, there has been presented to this Council a proposed resolution awarding the sale of the Bonds by the Authority (the "Bond Resolution an Official Statement relating to the offering of the Bonds for sale and the Loan Agreement. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The proposed Bond Resolution and the financing of the Project by the issuance of the Bonds described therein are approved. The offer of (the "Underwriter to purchase the Bonds as hereinafter described is hereby found and determined to be the best proposal received and acceptance of such offer by the Authority is approved. 2. The Loan Agreement is hereby approved, and the Mayor and the Deputy City Clerk are authorized to execute and deliver the Loan Agreement on behalf of the City, in substantially the form on file, but with all such changes therein, not inconsistent with applicable law, as may be approved by the officials executing the same, which execution shall constitute conclusive evidence of the approval thereof. 3. The Deputy City Clerk is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds certified copies of all proceedings and records relating to the Loan Agreement and to the right, power and authority of the City and its officers to execute and deliver the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. 4. The Mayor, City Administrator and other City officials and staff are authorized and directed to take all other actions and do all other things necessary to assure the utilization of the Project as a part of the Development Program and the financing thereof as contemplated hereby, and to pay all fees and expenses incurred in connection with the transaction. 5. The Official Statement relating to the Bonds, on file with the City Clerk and presented to this meeting, is hereby approved and the furnishing thereof to prospective purchasers of the Bonds is hereby ratified and confirmed. The Continuing Disclosure Certificate attached to the Official Statement is hereby approved and shall be executed by the City. The Continuing Disclosure Certificate constitutes a contractual obligation of the City. 07.01, The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF DAKOTA SS. CITY OF EAGAN I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of Eagan, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held May 2, 2000 with the original thereof on file and of record in my office and the -same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $2,305,000 Development District Revenue Bonds, Series 2000 of the Eagan Economic Development Authority. 2000. (Seal) M 1:616134.01 WITNESS My hand officially and the seal of the City this of May, Deputy City Clerk City of Eagan, Minnesota AGENDA EAGAN ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER BUILDING MAY 2, 2000 I. NEW BUSINESS A. Approve a resolution awarding sale of $2,305,000 Development District Revenue Bonds, Series2000 II. ADJOURNMENT Agenda Information Memo May 2, 2000 Eagan Economic Development Authority Meeting I. NEW BUSINESS A. APPROVE A RESOLUTION AWARDING SALE OF $2,305,000 DEVELOPMENT DISTRICT REVENUE BONDS, SERIES 2000 ACTION TO BE CONSIDERED: To approve a resolution awarding the sale of $2,305,000 Development District Revenue Bonds, Series 2000. FACTS: The approved financing plan for the acquisition of the 60 -acre Central Facilities Property includes up to $2,4000,000 of EDA bonds. The bonds will be repaid from payments received by the Authority under the terms of a Loan Agreement between the Authority and the City of Eagan, secured by a promissory note executed by the City. The City expects to use funds from a special levy and from the sale of surplus land to pay interest on the bonds and to repay the principal. The bonds include a small principal payment of $100,000 on February 1, 2005, and a balloon payment of $2,205,000 principal on February 1, 2006. All of the bonds can be called on each payment date beginning February 1, 2004. The balloon payment assumes that funds will be available from the sale of some of the property or that a refinancing of the issue will be undertaken. The City Administrator and Acting Director of Finance will coordinate the bid opening with the City's fiscal consultant, Springsted. Dave MacGillivray with Springsted will be at the EDA meeting to present the bids and to recommend action. Ratings have been requested from both Moody's (currently Aa2) and Standard Poors (currently AA The Director of Finance has been in telephone contact with both rating agencies and ratings are expected shortly. Sale recommendations and Official Statements have been forwarded to the City Council previously. a4) ATTACHMENTS: Enclosed on pages a d through ,'7O is a copy of the resolution awarding sale of $2,305,000 Development District Revenue Bonds, Series 2000. Q7 $2,305,000 EAGAN ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA DEVELOPMENT DISTRICT REVENUE BONDS, SERIES 2000 BOND RESOLUTION Adopted May 2, 2000 a i 8 TABLE OF CONTENTS ARTICLE I DEFINITIONS AND INTERPRETATION 6 Section 1.01 Definitions 6 Section 1.02 Characteristics of Certificate or Opinion. 9 Section 1.03 Additional Provisions as to Interpretation. 10 ARTICLE II FORM, EXECUTION AND REGISTRATION OF BONDS 11 Section 2.01 Form. Maturities and Numeration of Series 2000 Bonds 11 Section 2.02 Execution of Bonds 11 Section 2.03 Authentication of Bonds. 12 Section 2.04 Registration. Transfers and Exchange 12 Section 2.05 Payment of Interest on Series 2000 Bonds: Interest Rights Preserved Section 2.06 Ownership of Bonds 14 Section 2.07 Reissuance of Mutilated, Destroyed. Stolen or Lost Bonds 14 Section 2.08 Special Provisions Regarding Beneficial Owners and Bonds in Book -Entry Form 15 ARTICLE III REDEMPTION OF BONDS 17 Section 3.01 Redemption of Series 2000 Bonds 17 Section 3.02 Written Notice to Registrar. 17 Section 3.03 Mailing of Notice 17 Section 3.04 Deposit for Redemption 17 Section 3.05 Payment of Redeemed Bonds. 17 Section 3.06 Cancellation of Redeemed Bonds. 18 Section 3.07 Partial Redemption of Bonds 18 ARTICLE IV BOND PROCEEDS; LOAN FUND 20 Section 4.01 Deposit of Series 2000 Bond Proceeds. 20 Section 4.02 Establishment of Loan Fund. 20 Section 4.03 Project Costs Defined 20 Section 4.04 Payments from Loan Fund 20 Section 4.05 Deposit and Investment of Excess Moneys. 21 ARTICLE V DISPOSITION OF PLEDGED REVENUES 22 Section 5.01 Bond Fund 22 Section 5.02 Investment of Funds 23 ARTICLE VI PARTICULAR COVENANTS OF THE AUTHORITY 25 Section 6.01 Payment of Bonds 25 Section 6.02 Authority of the Authority. 25 Section 6.03 Concerning the Loan Agreement. 25 aq Section 6.04 Disclosure 25 Section 6.05 Information Reporting 26 Section 6.06 Tax Covenant 26 Section 6.07 To Observe All Covenants and Terms Limitations on Authority's Obligations 26 ARTICLE VII EVENTS OF DEFAULT; REMEDIES 27 Section 7.01 Events of Default 27 Section 7.02 Acceleration of Maturity. 27 Section 7.03 Enforcement of Covenants and Conditions. 27 Section 7.04 Application of Moneys 28 Section 7.05 Power of Majority of Bondholders. 29 Section 7.06 Waiver by Bondholders 29 Section 7.07 Remedies Cumulative, Delay Not To Constitute Waiver. 29 Section 7.08 Restoration of Rights Upon Discontinuance of Proceedings. 30 ARTICLE VIII CONCERNING THE BONDHOLDERS 31 Section 8.01 Execution of Instruments by Bondholders. 31 Section 8.02 Waiver of Notice 31 Section 8.03 Determination of Bondholder Concurrence. 31 Section 8.04 Bondholders' Meeting 31 Section 8.05 Revocation by Bondholders. 33 ARTICLE IX PAYMENT, DEFEASANCE AND RELEASE 34 Section 9.01 Payment and Discharge of Resolution. 34 Section 9.02 Bonds Deemed Not Outstanding After Deposits 34 ARTICLE X SUPPLEMENTAL RESOLUTIONS 36 Section 10.01 Purposes for Which Supplemental Resolutions May be Executed. 36 Section 10.02 Modification of Resolution with Consent of Bondholders. 36 Section 10.03 Supplemental Resolutions to be Part of Resolution 37 Section 10.04 Rights of City Unaffected. 37 ARTICLE XI AMENDMENTS TO THE LOAN AGREEMENT 38 Section 11.01 Amendments to the Loan Agreement, Not Requiring Consent of Bondholders. 38 Section 11.02 Amendments to Loan Agreement Requiring Consent of Bondholders38 Section 12.03 No Amendment May Reduce Loan Repayments 38 Section 11.04 Rights of Authority. 38 ARTICLE XII MISCELLANEOUS 39 Section 12.01 Covenants of Authority Bind Successors and Assigns 39 Section 12.02 Immunity of Officers. 39 ii ZD Section 12.03 No Benefits to Outside Parties. 39 Section 12.04 Separability of Resolution Provisions 39 Section 12.05 Execution of Resolution in Counterparts 39 Section 12.06 Headings Not Controlling 39 iii RESOLUTION NO. RESOLUTION AWARDING SALE OF $2,305,000 DEVELOPMENT DISTRICT REVENUE BONDS, SERIES 2000, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT WHEREAS, as authorized by Minnesota Statutes, Section 469.103 and Section 469.101, Subd. 20 (the "Act the Authority has agreed to finance a loan to the City of Eagan (the "City for part of the costs of the acquisition of land in Development District No. 3 (the "Project pursuant to and in accordance with a Loan Agreement dated as of June 1, 2000, between the Authority and the City (the "Loan Agreement"); and WHEREAS, the Development Program for which the Project will be utilized consists of economic development facilities which require financing; WHEREAS, the Authority is, under the Act, authorized to issue and sell its revenue bonds for the purpose of providing money to finance the Project and to pledge certain of its interests in the Loan Agreement as security therefor; and WHEREAS, the Authority has deemed it advisable to adopt this Resolution to authorize the issuance of bonds in the aggregate principal amount of $2,305,000 to be designated "Eagan Economic Development Authority Development District Revenue Bonds, Series 2000 (the "Series 2000 Bonds which shall be fully registered bonds as in this Resolution hereinafter provided; and WHEREAS, the proceeds of the Series 2000 Bonds will be used for the specific authorized purpose of providing funds to pay Project Costs as hereinafter defined; and WHEREAS, the Loan Agreement requires the City to make Loan Repayments thereunder in amounts and at times sufficient to pay the principal of, premium, if any, on and interest on the Series 2000 Bonds when due; and WHEREAS, the Board of Commissioners has received proposals pursuant to the Terms of Proposals which were reviewed and determined to be as set forth in Exhibit A attached hereto; and WHEREAS, the proposal of to purchase the Series 2000 Bonds at a price of plus accrued interest, bearing interest as set forth herein and having a true interest cost of is hereby determined to be the best proposal; and 3d 1 WHEREAS, the Series 2000 Bonds, and the form of assignment and the authentication certificate to be endorsed thereon are to be in substantially the following forms, to wit: No. R.- Rate Registered Owner: Principal Amount: (Form of Series 2000 Bond) UNITED STATES OF AMERICA STATE OF MINNESOTA EAGAN ECONOMIC DEVELOPMENT AUTHORITY Development District Revenue Bond Series 2000 Maturity Date Date of Original Issue CUSIP June 1, 2000 The Eagan Economic Development Authority, a municipal corporation in the State of Minnesota (herein sometimes called the "Authority for value received, hereby promises to pay from its Development District Revenue Bond Fund to the Registered Owner specified above or registered assigns, the Principal Amount specified above on the Maturity Date specified above upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on such principal sum from such Fund at the interest rate specified above from June 1, 2000, or the most recent interest payment date to which interest has been paid or duly provided for, as specified below, on February 1, 2001 and semiannually thereafter on February 1 and August 1 of each year until said principal sum is paid. Principal and the redemption price is payable in lawful money of the United States of America at the office of in as Registrar and Paying Agent under the Resolution hereinafter described or of its successor (herein the "Registrar Interest shall be paid 9n each February 1 and August 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the preceding January 15 and July 15 (whether or not a business day) at its address set forth on the registration books maintained by the Registrar. Any such interest not punctually paid or provided for will cease to be payable on such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Authority pursuant to the Bond Resolution. This Bond is issued under Minnesota Statutes, Sections 469.103 and 469.101, Subd. 20 (the "Act and in conformity with the provisions, restrictions and limitations thereof. This Bond does not constitute an indebtedness of the Authority within the meaning 2 of any state constitutional provision or statutory limitation, nor does this Bond give rise to a charge against the general credit or properties or taxing powers of the Authority and does not grant to the owner or holder of this Bond any right to have the Authority levy any taxes or appropriate any funds for the payment of the principal hereof or interest hereon, nor is this Bond a general obligation of the Authority or the individual officers or agents thereof. This Bond and interest hereon are payable solely and only from the moneys received under the Loan Agreement, or held in a Fund or Account appropriated to the payment of the Bonds of this series under the Resolution, hereinafter mentioned, including payments of Loan Repayments to be made by the City of Eagan, Minnesota (the "City under the Loan Agreement hereinafter defined. This Bond is one of a duly authorized series of special obligation Bonds of an aggregate principal amount of $2,305,000 in the denomination of $5,000 each or integral multiples thereof, and numbered from R -1 upwards, and of like tenor and effect except as to serial number, interest rate, maturity and right of redemption, all of which have been authorized by law to be issued and have been issued or are to be issued for the purpose of financing a loan to the City for part of the costs of acquiring land for Development District No. 3 (the "Project pursuant to a Loan Agreement (herein called the "Loan Agreement between the Authority and the City dated as of June 1, 2000. The Bonds of this series are issued pursuant to a resolution of the Authority duly adopted May 2, 2000, by the Board of Commissioners of the Authority (the "Bond Resolution The Bonds of this series are equally and ratably secured by the Loan Agreement and the Bond Resolution, to which Loan Agreement and Bond Resolution and amendments thereof reference is hereby made for a description of the revenues pledged to secure the payment of the Bonds, the nature and extent of the security thereby created, the rights of the holders or registered owners of the Bonds and the rights, immunities and obligations of the Authority thereunder. A certified copy of the Bond Resolution and an executed counterpart of the Loan Agreement are on file at the office of the Assistant Secretary of the Authority. The Bonds of this issue are subject to redemption at the option of the Authority, acting at the direction of the City, on February 1, 2004 and any date thereafter, in whole or in part, and if in part in such order as the Authority may determine and in integral multiples of $5,000, at a redemption price equal to par plus accrued interest. Notice of any such redemption shall be given in the manner provided by Chapter 475, Minnesota Statutes, to the registered owner of each Bond called by mail, addressed to it at its registered address, not earlier than sixty days nor later than thirty days prior to the date fixed for redemption. Prior to the date fixed for redemption, the City is obligated to deposit with the Authority sufficient funds to pay the Bonds called and accrued interest thereon, plus the premium required. Upon the happening of the above conditions, Bonds thus called shall not bear interest after the call date and, except for the purpose of payment, from the funds so deposited, shall no longer be protected by the Bond Resolution. This Bond is transferable, as provided in the Bond Resolution, only upon books of the Authority kept at the office of the Registrar by the registered owner hereof in 3 3�- person or by his duly authorized attorney, upon surrender of this Bond for transfer at the office of the Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Registrar duly executed by the registered owner hereof or its duly authorized attomey, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of this series of the same principal amount and interest rate will be issued to the designated transferee or transferees. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Bond Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination, as requested by the registered owner or his duly authorized attorney upon surrender thereof to the Registrar. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Bond and the series of which it is a part have been properly done, have happened and have been performed in regular and due time, form and manner as required by law; and that this Bond and the series of which it is a part do not constitute a debt of the Authority within the meaning of any constitutional or statutory limitation. This Bond shall not be valid nor become obligatory for any purpose until it shall have been authenticated by the execution of the Certificate hereon endorsed by the Registrar as authenticating agent. IN WITNESS WHEREOF, the Eagan Economic Development Authority, by its Board of Commissioners, has caused this Bond to be executed in its name by the facsimile signatures of its President and Secretary or Assistant Secretary, all as of the Date of Original Issue specified above. Dated: 4 3s EAGAN ECONOMIC DEVELOPMENT AUTHORITY President Assistant Secretary Dated: This is one of the Bonds described in the within mentioned Resolution. Please insert Social Security Number or other identifying number of Assignee CERTIFICATE OF AUTHENTICATION [ASSIGNMENT] 5 3(0 as Registrar By Authorized Signature FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Notice: The signature to this assignment must correspond with the name as it appears on the face of this Bond, in every particular, without alteration or any change whatever. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY: Section 1.01 Definitions. Unless the context otherwise requires, the terms defined in this Article I and in the recitals and succeeding Articles of this Resolution shall, for all purposes of this Resolution and of any resolution supplemental hereto, have the meanings herein specified, such definitions to be equally applicable to both the singular and plural forms of any of the terms defined: Subd. 20. ARTICLE I Definitions and Interpretation "Act" means Minnesota Statutes, Section 469.103 and Section 469.101, "Authorized Authority Representative" means the President or Executive Director or such other person at any time designated to act on behalf of the Authority by written certificate furnished to the City, containing the specimen signature of such person and signed on behalf of the Authority by the President. Such certificate may designate an alternate or alternates. "Authorized City Representative" means the Mayor or City Administrator or other person at any time designated to act on behalf of the City by written Certification furnished to the Authority, containing the specimen signature of such person and signed on behalf of the City by the Mayor. Such Certification may designate an alternate or alternates. "Authorized Denomination" means $5,000 and integral multiple thereof. "Beneficial Owner" means, with respect to any Authorized Denomination of a Bond of any series in Book -Entry Form, each person who beneficially owns such Bond in such Authorized Denomination and on whose behalf, directly or indirectly, such Authorized Denomination of Bond is held by the Depository pursuant to the Book -Entry System. "Bonds" or "Series 2000 Bonds" means the Authority's Development District Revenue Bonds, Series 2000 described herein. Resolution. "Bond Fund" means the Bond Fund created under Section 5.01 of this "Book -Entry Form" means all Bonds of any series, if such Bonds are all held (i) in the name of the Depository (or its nominee) with each stated maturity evidenced by a single Bond certificate or (ii) with the approval of the City and Authority, in any similar manner for which Beneficial Owners do not receive Bond certificates evidencing their beneficial ownership in any Bond of such series. 6 37 "Book -Entry System" means a system of recordkeeping, securities clearance and funds transfer and settlement maintained for securities by the Depository and Participants (or Indirect Participants). "Business Day" means any day other than a Saturday, a Sunday, a day on which banking institutions in the State of Minnesota are authorized or required by law to close. "Certification" means a certification in writing required or permitted by the provisions of the Loan Agreement, signed and delivered to the Authority or other proper person or persons. If and to the extent required by Section 1.02 of this Resolution, each such Certification shall contain the statements provided for in said Section 1.02. "Certified Resolution" means a copy of a resolution of the Authority Board of Commissioners, certified by the Secretary to have been duly adopted by said Board of Commissioners and to be in full force and effect on the date of such Certification. "City" means the City of Eagan, Minnesota, or any successor to its functions. "City Council" means the City Council of the City, or its successor as governing body of the City. "Loan Fund" means the Loan Fund created in Section 4.01 of the Resolution. "Default" means default by the Authority in the performance or observance of any of the covenants, agreements or conditions on its part contained in this Resolution, exclusive of any notice or period of grace required to constitute a default an "Event of Default" as described in Section 7.01 of this Resolution. "Depository" means The Depository Trust Company in New York, New York, its successors or assigns, or any other person who shall be a Holder of all Bonds of any series directly or indirectly for the benefit of Beneficial Owners and approved by the Authority and City to act as the Depository; provided any Depository shall be registered or qualified as a "clearing agency" within the meaning of Section 17A of the Securities Exchange Act of 1934, as amended. "Event of Default" means an Event of Default described in Section 7.01 of this Resolution which has not been cured. "Fiscal Year" means the fiscal year of the City and shall initially mean the 12- month period commencing on January 1 in each year. "Holder "Bondholder" or "owner" means the person or persons in whose name any Bond shall be registered. "Reserve Account" means the Reserve Account established within the Bond Fund under Section 5.01 hereof. 7 38 "Resolution" or "Bond Resolution" means this Resolution. "Independent Counsel" means an attorney duly admitted to practice law before the highest court of any state and not an officer or full time employee of the Authority or the City. "Indirect Participant" means any person who is not a Participant, who clears securities through or maintains a custodial relationship with a Participant, either directly or indirectly, and who has access to the Book -Entry System. "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended from time to time. "Land" means the parcel or parcels or other interests in real estate described in Exhibit A to the Loan Agreement. "Loan Repayments" means the payments by the City pursuant to Section 4.02 of the Loan Agreement. "Letter of Representations" means the Blanket Letter of Representations from the Authority to the Depository and any other agreement among such parties governing the obligations of such parties (or their successors) and the Registrar in respect of beneficial ownership (and the recording and transfer thereof), and payment and notices concerning the Bonds; provided no such amendment or other agreement shall be entered into unless the Authority or City shall certify that the same shall not materially prejudice the rights of any Beneficial Owner who has not consented thereto. "Opinion of Counsel" means a written opinion of counsel (who need not be Independent Counsel unless so specified) appointed by the City or Authority. If and to the extent required by the provisions of Section 1.02 hereof, each Opinion of Counsel shall include the statements provided for in said Section 1.02. "Outstanding" when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 8.03 of the Resolution pertaining to Bonds held by the Authority and the City) all Bonds theretofore authenticated and delivered under the Resolution except: (i) Bonds theretofore canceled or surrendered for cancellation; (ii) Bonds paid or defeased in accordance with Article IX hereof; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to the terms of Section 2.07 of the Resolution pertaining to replacement of Bonds. "Participant" means any securities broker or dealer, bank, trust company, clearing corporation or other organization entitled to directly record, clear and settle the transfers of beneficial ownership interest in any series of Bonds directly through the Depository and the Book -Entry System. 8 39 2001. the City. "Payment Date" means each February 1 and August 1, commencing February 1, "Predecessor Bonds" of any particular Bond means every previous Bond evidencing all or a portion of the same debt as that evidenced by such particular Bond, including Bonds exchanged pursuant to Section 2.04 hereof, and for purposes of this definition, any Bond authenticated and delivered under Section 2.07 hereof in lieu of a lost, destroyed or stolen Bond shall be deemed to evidence the same debt as the lost, destroyed or stolen Bond. "Project" means the acquisition of the Land for Development District No. 3 of "Project Costs" means the costs defined in Section 4.03 of this Resolution. "Qualified Investments" means obligations authorized for the investment of debt service funds of the Authority under Chapter 118A, Minnesota Statutes, or successor law. "Redeem" or "redemption" means and includes "prepay" or "prepayment," as the case may be. Section 1.02 Characteristics of Certificate or Opinion. Every Certificate or Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Resolution or the Loan Agreement, but not otherwise, and except for certificates and opinions given pursuant to Section 2.08 hereof, shall include: (i) a statement that the person or persons making such certificate or opinion have read such covenant or condition and the definitions herein relating thereto; (ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (iii) a statement that, in the opinion of the signers, they have made or caused to be made such examination or investigation as is necessary to enable them to express an informed opinion as to whether or not such covenant or condition has been complied with; and (iv) a statement as to whether, in the opinion of the signers, such condition or covenant has been complied with. Any such Certificate made or given by an officer of the Authority or by the City may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, unless such officer or the City knows that the opinion with respect to the matters upon which his Certificate may be based as aforesaid is erroneous, or, in the exercise of reasonable care, should have known that the same was erroneous. Any such Opinion of Counsel may be based, insofar as it relates to factual matters information with respect to which is in the possession of the Authority or the City, upon the Certificate of an officer or officers of the Authority or the City, unless such counsel knows that the Certificate with respect to the matters upon which his opinion may be based as aforesaid is erroneous, or, in the exercise of reasonable care, should have known that the same was erroneous. 9 40 Section 1.03 Additional Provisions as to Interpretation. All references herein to "Articles "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Resolution; and the words "herein "hereof', "hereunder" and other words of similar import refer to this Resolution as a whole and not to any particular Article, Section or subdivision hereof. Any tern defined in the Loan Agreement or but not defined herein shall have the same meaning herein unless the context hereof clearly requires otherwise. This Resolution is governed by and shall be construed in accordance with the laws of Minnesota. [The balance of this page intentionally left blank] 10 41 ARTICLE II FORM, EXECUTION AND REGISTRATION OF BONDS Section 2.01 Form. Maturities and Numeration of Series 2000 Bonds. The proposal of to purchase the Series 2000 Bonds at a price of plus accrued interest and bearing interest as set forth below is hereby accepted. The Series 2000 Bonds to be issued and secured under this Resolution shall each be designated "Eagan Economic Development Authority Development District Revenue Bond, Series 2000." The Series 2000 Bonds, forms of assignment and certificates of Registrar shall be substantially in the respective forms set forth in the recitals hereof. The Series 2000 Bonds shall be in printed form in the denomination of $5,000 or any integral multiple thereof, initially numbered R -1 upwards in order of issuance or in such other manner as the Registrar may determine, and the Series 2000 Bonds originally issued, and not in exchange for Predecessor Bonds, shall be dated as of June 1, 2000. Series 2000 Bonds issued in exchange for Predecessor Bonds shall be dated the date to which interest has been paid on the Series 2000 Bonds being surrendered for exchange, except Bonds so issued before February 1, 2001 which shall be dated June 1, 2000, and shall be numbered in order of issuance commencing with the next number after the highest number assigned to the initial Series 2000 Bonds or in such other manner as the Registrar may determine. No Series 2000 Bond shall represent principal payable or maturing in different years. The Series 2000 Bonds shall bear interest payable semiannually on February 1 and August 1 of each year, commencing February 1, 2001, from June 1, 2000 or the most recent interest payment date to which interest has been paid or duly provided for. The principal and redemption price of the Series 2000 Bonds shall be payable to the registered owner upon presentation at the office of the Registrar in such coin or currency of the United States of America as may be, on the respective dates of payment thereof, legal tender for the payment of public and private debts, and interest on Series 2000 Bonds shall be paid by check or draft mailed to the registered owner at its registered address. The Regular Record Date referred to in Section 2.05 for the payment of interest on the Series 2000 Bonds payable, and punctually paid or duly provided for, on any interest payment date shall be the 15th day (whether or not a business day) of the calendar month next preceding such interest payment date. The Series 2000 Bonds shall be in the aggregate principal amount of Two Million Three Hundred Five Thousand Dollars ($2,305,000), and shall mature on February 1 in the years and amounts and shall bear interest at the rates per annum, according to years of maturity, as follows: Year Amount Interest Rate 2005 100,000 2006 2,205,000 Section 2.02 Execution of Bonds. The Bonds shall be signed in the name of the Authority by the manual or facsimile signatures of the President and Secretary or Assistant Secretary of the Authority and shall be authenticated by the Registrar, which is hereby designated as authenticating agent. In the event that any of the officers who shall 11 �-a this Article. have signed any of the Bonds shall cease to be officers of the Authority before the Bonds shall have been authenticated by the Registrar, or issued by the Authority, such Bonds may, nevertheless, be authenticated, delivered, and issued, and upon such authentication, delivery and issue, shall be binding upon the Authority as though those officers who signed the same had continued to be such officers of the Authority; and, also, any Bond may be signed on behalf of the Authority by such person who, at the actual date of execution of such Bond, shall be the proper officer of the Authority, although at the date of such Bond such person shall not have been such an officer of the Authority. Section 2.03 Authentication of Bonds. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder or under the Loan Agreement, unless the Registrar shall manually execute on such Bond a certificate of authentication substantially in the form set forth in the recitals hereof. Such Registrar's certificate upon any Bond executed on behalf of the Authority shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the Holder thereof is entitled to the benefits of this Resolution and the Loan Agreement. No Bonds shall be authenticated by the Registrar except in accordance with Section 2.04 Registration. Transfers and Exchange. As long as any of the Bonds issued hereunder shall remain outstanding, the Authority shall maintain and keep at the office of the Registrar as paying agent, records for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said office of the Registrar books for such registration and transfer. The Authority does hereby appoint the Registrar, and its successors in the trust from time to time, as its agent to maintain said office and agency at the office of the Registrar. Upon surrender for transfer of any fully registered Bond at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or its duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the Authority shall execute and the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series, of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. Except as the right of exchange may be limited as to Bonds of any series, fully registered Bonds, upon surrender thereof at the office of the Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of fully registered Bonds of the same series, maturity and interest rate of any authorized denominations. 12 43 In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the Authority shall execute and the Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the Authority or the Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the Authority or the Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City pursuant to the Loan Agreement. The Authority and the Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding any date fixed for the proposed redemption of Bonds. The Authority and Registrar shall not be required to make any transfer or exchange of any Bonds called for redemption. Section 2.05 Payment of Interest on Series 2000 Bonds: Interest Rights Preserved. Interest on any fully registered bond of any series which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Predecessor Bonds) is registered at the close of business on the Regular Record Date for such interest specified in the provisions of this Resolution creating such series. Any interest on any fully registered Bond of any series which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called "Defaulted Interest shall forthwith cease to be payable to the registered Holder on the relevant Regular Record Date solely by virtue of such Holder having been such Holder; and such Defaulted Interest may be paid by the Authority, at the election of the City in each case, as provided in Subsection A or B below: A. The Authority may elect to make payment of any Defaulted Interest on the fully registered Bonds of any series to the persons in whose names such Bonds (or their respective Predecessor Bonds) are registered at the close of business on a Special Record Date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Authority shall notify the Registrar in writing of the amount of Defaulted Interest proposed to be paid on each Bond and the date of the proposed payment (which date shall be such as will enable the Registrar to comply with the next sentence hereof), and at the same time the City shall deposit with the Registrar an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Registrar for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the persons entitled to such Defaulted Interest as in this Subsection provided and not to be deemed part of the Trust Estate. Thereupon the Registrar shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more than 15 nor less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Registrar of 13 44- the notice of the proposed payment. The Registrar shall promptly notify the Authority of such Special Record Date and, in the name of the Authority, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first class postage prepaid, to each Holder of a fully registered Bond of such series at its address as it appears in the registration books not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor having been mailed as aforesaid, such Defaulted Interest shall be paid to the persons in whose names the Bonds of such series (or their respective Predecessor Bonds) are registered on such Special Record Date and shall no longer be payable pursuant to the following Subsection B. B. The Authority may make payment of any Defaulted Interest on the fully registered Bonds of any series in any other lawful manner, if, after notice given by the Authority to the Registrar of the proposed payment pursuant to this Subsection, such payment shall be deemed practicable by the Registrar. Subject to the foregoing provisions of this Section, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. Section 2.06 Ownership of Bonds. The Authority and the Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name any Bond shall for the time being be registered as the absolute owner thereof for all purposes, and neither the Authority nor the Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of and interest on any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. Section 2.07 Reissuance of Mutilated. Destroyed. Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall authenticate and deliver a new Bond of like tenor, number and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Authority and the Registrar that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Authority and the Registrar with indemnity satisfactory to them and complying with such other reasonable regulations as the Registrar may prescribe and paying such reasonable expenses as the Authority and the Registrar may incur in connection therewith. In the event any such Bond shall have matured, instead of issuing a new Bond, the Authority may pay the same without surrender thereof. 14 Section 2.08 Special Provisions Regarding Beneficial Owners and Bonds in Book -Entry Form (a) General. Notwithstanding any provision herein to the contrary, so long as any series of Bonds shall be in Book -Entry Form, the provisions of this Section 2.08 shall govern. The Letter of Representations is hereby approved and shall be executed on behalf of the Authority by the Executive Director or Secretary. (b) Registration, Recording and Transfer of Ownership. The Depository (or its nominees) shall be and remain recorded on the Bond Register as the Holder of all Bonds of any Series which is in Book -Entry Form. No transfer of any Bond in Book -Entry Form shall be made, except from one Depository to another (or its nominee) or except to terminate the Book -Entry Form. All Bonds of each stated maturity of a series of Bonds in Book -Entry Form shall be issued and remain in a single Bond certificate registered in the name of the Depository (or its nominee); provided, however, that upon termination of the Book -Entry Form pursuant to the Letter of Representations or as otherwise directed by written notice of the City to the Authority and Depository, the Authority shall, upon delivery of all Bonds of such series from the Depository, promptly execute, and the Registrar shall thereupon authenticate and deliver, Bonds of such series to all persons who were Beneficial Owners thereof immediately prior to such termination; and the Registrar shall register such Beneficial Owners as Holders of the applicable Bonds. The Registrar, as bond registrar and paying agent, shall maintain accurate books and records of the principal balance, if any, of each such outstanding Bond in Book -Entry Form, which shall be conclusive for all purposes whatsoever. Upon the authentication of any new Bond in Book -Entry Form in exchange for a previous Bond, the Registrar shall designate thereon the principal balance remaining on such Bond according to the Registrar's books and records. No Beneficial Owner (other than the Depository) shall be registered as the Holder on the Bond Register for any Bond in Book -Entry Form or entitled to receive any Bond certificate. The beneficial ownership interest in any Bond in Book -Entry Form shall be recorded, evidenced and transferred solely in accordance with the Book -Entry System. Except as expressly provided to the contrary herein, the Authority and the Registrar may treat and deem the Depository to be the absolute owner of all Bonds of each series which is in Book -Entry Form (i) for the purpose of payment of principal, redemption price of and interest on such Bond, (ii) for the purpose of giving notices hereunder, and (iii) for all other purposes whatsoever. (c) Notices. The Authority and Registrar shall each give notices to the Depository of such matters and at such times as are required by the Letter of Representations, including the following: 15 7� (i) with respect to notices of redemption (initially governed by the Letter of Representations); and (ii) with respect to any other notice required or permitted under this Resolution or Loan Agreement to be given to any Holder of a Bond. All notices of any nature required or permitted hereunder to be delivered to a Holder of a Bond in Book -Entry Form shall be transmitted to Beneficial Owners of such Bonds at such times and in such manners as shall be determined by the Depository, the Participants and Indirect Participants in accordance with the Book -Entry System and Letter of Representations. (d) Payments. All payments of principal, redemption price of and interest on each series of Bonds in Book -Entry Form shall be paid to the Depository in accordance with the Book -Entry System and the Letter of Representations in same day funds by wire transfer. All payments of principal, redemption price of and interest on any Bonds in Book -Entry Form due Beneficial Owners shall be made at such times and in such manner as shall be determined by the Depository, the Participants and Indirect Participants in accordance with the Book -Entry System and Letter of Representations. (e) Limitations on Liability. With respect to each Authorized Denomination of a Bond in Book -Entry Form, and any Beneficial Owner thereof, except as expressly provided to the contrary herein, the Authority, the City and the Registrar shall have no responsibility, liability or obligation of any nature whatsoever with respect to (i) the nonpayment to any Beneficial Owner or any other person, other than the Depository, of any amount due for principal, Redemption Price or interest; (ii) the failure to give any notice or other information to the applicable Beneficial Owner; (iii) the inaccuracy of the records of the Depository or any Participant or Indirect Participant, or (iv) the failure in any manner of the Depository, any Participant or Indirect Participant to timely or properly comply with procedures or requirements of the Book -Entry System. No such payment, failure or inaccuracy shall cause an Event of Default hereunder or under the Loan Agreement. [The balance of.this page is intentionally left blank.] 16 11 ARTICLE III REDEMPTION OF BONDS Section 3.01 Redemption of Series 2000 Bonds. The Series 2000 Bonds are subject to redemption and prepayment, in whole or in part, and if in part, in such order as the Authority may determine, and in integral multiples of principal amount of $5,000, at the option of the Authority acting at the direction of the City, on any date on or after February 1, 2004, at a redemption price equal to par plus accrued interest. Notice of any such redemption shall be mailed in the form provided by Section 3.02 and in the manner and to the extent required by Section 3.03. Prior to the date fixed for redemption, funds shall be deposited with the Registrar sufficient to pay the Bonds called and accrued interest thereon, plus any premium required. Upon the happening of the above conditions, any Bonds thus called shall not bear interest after the call date, and except for the purpose of payment by application of the funds so deposited, shall no longer be protected by the Resolution. Section 3.02 Written Notice to Registrar. If the Bonds are to be redeemed pursuant to Section 3.01 hereof, and written notice of an election to exercise an option to redeem Bonds under Section 3.06 of the Loan Agreement shall have been given to the Registrar by the City, the Registrar shall prepare a notice in the name of the Authority or in its own name describing the outstanding Bonds to be redeemed, the date of redemption, and the redemption price. Section 3.03 Mailing of Notice. Notice of redemption shall be mailed by the Registrar, not less than thirty days nor more than sixty days before the redemption date, to the registered owners of all Bonds which are to be redeemed, at their last addresses appearing upon the registry books of the Authority in the manner required by Chapter 475, Minnesota Statutes. Section 3.04 Deposit for Redemption. On or prior to the date fixed for redemption, there shall be deposited with the Registrar in cash an aggregate amount which shall be sufficient to pay the redemption price on the Bonds to be redeemed, and interest thereon to the redemption date; and there shall be deposited, or arrangements shall be made with the Registrar to deposit, with the Registrar a sum sufficient to pay the proper expenses and charges of the Registrar in connection with such redemption. Upon deposit with the Registrar of the aggregate amount of such redemption price and interest pursuant to this Section, such moneys shall be set aside by the Registrar and held by it for the account of the respective Holders of the Bonds being redeemed. Section 3.05 Payment of Redeemed Bonds. After notice of redemption shall have been given as provided in Section 3.03, the Bonds specified in such notice shall become due and payable on the redemption date. Payment of the redemption price and interest shall be made to or upon order of the registered owner, upon the surrender of the Bonds. Any 17 4-00 installment of interest maturing on or prior to the redemption date shall be payable to the registered owners of Bonds registered as such on the relevant Record Dates according to the terms of such Bonds and the provisions of Section 2.05 hereof and the notice of redemption herein provided for may so state. If redemption moneys are available for the payment of all of the Bonds called for redemption on the redemption date, the Bonds so called shall cease to draw interest after the redemption date, and such Bonds shall not be deemed to be outstanding hereunder for any purpose, except that the Holders thereof, on presentation, as herein provided, shall be entitled to receive payment of the redemption price and interest accrued thereon to the redemption date from the moneys set aside by the Registrar as aforesaid. Section 3.06 Cancellation of Redeemed Bonds. All Bonds so redeemed, shall forthwith be canceled and destroyed by the Registrar and a certificate of destruction furnished to the Authority; and no further Bonds shall be executed or authenticated or issued hereunder in exchange or substitution therefor. Section 3.07 Partial Redemption of Bonds. If less than all of the Bonds of a particular maturity at the time outstanding are to be called for prior redemption, the particular Bonds or portions thereof of such maturity to be redeemed shall be selected by lot, except as otherwise provided herein, by the Registrar in such manner as the Registrar, in its discretion, may determine. The Registrar shall call for redemption in accordance with the foregoing provisions as many Bonds or portions thereof as will, as nearly as practicable, exhaust the moneys available therefor. Particular Bonds or portions thereof shall be redeemed only in integral multiples of principal amount of $5,000. In the case of Bonds of denominations greater than $5,000, if less than all of such Bonds then outstanding are to be called for redemption, then for all purposes in connection with redemption, each $5,000 of principal amount shall be treated as though it was a separate Bond of the denomination of $5,000 bearing one of the numbers borne by such fully registered Bond. If it is determined that one or more, but not all of the $5,000 units of principal amount represented by any such fully registered Bond is to be called for redemption, then upon notice of intention to redeem such $5,000 unit or units, the owner of such fully registered Bond will forthwith surrender such Bond to the Registrar (1) for payment of the redemption price (including the redemption premium, if any, and interest to date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (2) exchange for a new Bond or Bonds of the aggregate principal amount of the unredeemed balance of the principal amount of such fully registered Bond, which shall be issued to the registered owner thereof, without charge therefor. If the owner of any such fully registered Bond of a denomination greater than $5,000 shall fail to present such Bond to the Registrar for payment and exchange as aforesaid, such Bond shall nevertheless become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only). Interest shall cease to accrue on the portion of the principal amount of such Bond represented by such $5,000 unit or units of principal amount on and after the date fixed for redemption, provided that funds sufficient for the payment of the redemption price shall have been deposited with the 18 49 Registrar and shall be available for the redemption of said $5,000 unit or units on the date fixed for redemption, and in such event, such Bond shall not be entitled to the benefit or security of this Resolution or the Loan Agreement to the extent of the portion of its principal amount (and accrued interest thereon to the date fixed for redemption and applicable premium, if any) represented by such $5,000 unit or units of principal amount, nor shall new Bonds be thereafter issued corresponding to said unit or units. [The balance of this page intentionally left blank] 19 ARTICLE IV Bond Proceeds; Loan Fund Section 4.01 Deposit of Series 2000 Bond Proceeds. The Authority shall deposit all of the net proceeds of the sale of the Series 2000 Bonds (including accrued interest thereon from the date from which interest is to be paid thereon to the date of delivery to the purchaser or purchasers thereof) and other funds provided by the City as follows: (a) Deposit to the credit of the Bond Fund the accrued interest paid by the purchaser, representing interest on the Series 2000 Bonds from the date of the Series 2000 Bonds to the date of delivery; (b) Deposit to the Revenue Account of the Bond Fund, $230,500; and (c) Deposit to the credit of the Loan Fund the balance of such proceeds. Section 4.02 Establishment of Loan Fund. The Authority hereby establishes an account and there shall be deposited to the credit of such account (herein called the "Loan Fund the proceeds of the Series 2000 Bonds, except as otherwise provided herein. The Authority has no obligation hereunder or under the Act to deposit any moneys in said Loan Fund or apply moneys to Project Costs except proceeds of Bonds or funds made available therefor by the City. The moneys in the Loan Fund shall be held in trust and applied to the payment of the Project Costs in accordance with and subject to the provisions of this Article, and pending such application shall be subject to a lien and charge in favor of the Holders of the Bonds issued and outstanding under this Resolution and shall be held for the further security of such Holders until paid out as herein provided. In the event the moneys in the Bond Fund shall be insufficient on any interest payment date to pay principal of, premium (if any) or interest on the Bonds due on such date, the Authority shall use any moneys then on deposit to the credit of the Loan Fund, to the extent needed, to pay such principal, premium and interest. Section 4.03 Project Costs Defined. For the purposes of this Article, the Project Costs shall include, without intending thereby to limit or restrict any proper definition of such cost under any applicable laws or sound accounting practice, the Project Costs described in Section 4.02 of the Loan Agreement. Section 4.04 Payments from Loan Fund. Payments shall be made from the Loan Fund by the Authority as provided in Section 4.02 of the Loan Agreement. None of the funds in the Loan Fund shall be used for any purposes other than the payment or reimbursement of Project Costs and the payment of principal of, premium (if any) on and interest on the Bonds. 20 51 Section 4.05 Deposit and Investment of Excess Moneys. The Authority shall invest the moneys on deposit in the Loan Fund at the request of the Authorized City Representative in Qualified Investments. The type, amount and maturity of Qualified Investments made pursuant to this Section shall conform to any instructions of the Authorized City Representative. The Authority may, from time to time, cause any such investments to be sold or otherwise be converted into cash, whereupon the proceeds derived from such sale or conversion shall be deposited into the Loan Fund. Any interest or profit derived from investments shall be credited to said Account. No portion of the Loan Fund representing proceeds of the Bonds shall be invested or used in such manner that any of the Bonds would be "arbitrage bonds" under Section 148 of the Internal Revenue Code and regulations thereunder. [The balance of this page intentionally left blank] 21 sa, ARTICLE V Disposition of Pledged Revenues Section 5.01 Bond Fund. The Authority hereby establishes and shall maintain, so long as any of the Bonds are outstanding, a separate account to be designated "Development District Revenue Bonds Bond Fund" (herein called the "Bond Fund into which the Authority shall make the following deposits: (a) All accrued interest received from the sale of the Series 2000 Bonds, which sum shall be credited against the amount the City is required to deposit into the Bond Fund on or before February 1, 2001, under the Loan Agreement. (b) The amount of $230,500 shall be deposited in the Reserve Account described below. (c) After the Series 2000 Bonds have been delivered and on or before each February 1 and August 1 thereafter, commencing February 1, 2001, or as soon thereafter as received from the City, all Loan Repayments by the City under Section 3.01 of the Loan Agreement. (d) All other moneys received by the Authority from the City when accompanied by directions of the City that such moneys are to be paid into the Bond Fund or used for purposes for which moneys in the Bond Fund may be used. If the City so directs, such monies shall be credited against Loan Repayments due or to become due. (e) All other moneys required to be deposited in the Bond Fund pursuant to any provision of this Resolution or the Loan Agreement. The moneys and investments in the Bond Fund are irrevocably pledged to and shall be used by the Authority, from time to time, to the extent required, FIRST: For the payment of principal of, premium (if any) on and interest on the Bonds, as and when such principal, premium and interest shall become due and payable, and SECOND: To be used, upon direction by the City, to purchase outstanding Bonds at purchase prices not exceeding par plus accrued interest. The Authority hereby establishes and will maintain within the Bond Fund, so long as any of the Bonds are outstanding, an account to be designated "Development District Revenue Bond Reserve Account" (herein called the "Reserve Account into which the Authority shall make the following deposits: 22 53 (a) On the issue date of the Series 2000 Bonds the Authority shall deposit $230,500 from the proceeds of issuance and sale of the Series 2000 Bonds. (b) After the issue date, the Authority shall deposit into the Reserve Account forthwith all amounts paid by the City as Loan Repayment not otherwise deposited or required to be deposited in the Bond Fund in order to maintain the funds and investments on deposit in the Reserve Account in the amount of at least $230,500. The funds and investments in the Reserve Account are irrevocably pledged to and shall be used by the Authority, from time to time, as may be required, for the payment of principal of and interest on the Bonds, as and when such principal and interest shall become due and payable and for that purpose only. Interest and income on the Reserve Account when realized shall be credited against Loan Repayments; provided that the Authority is authorized, in its discretion, to use funds and investments in the Reserve Fund to pay the amount of any rebate due the United States in respect of the Bonds under Section 148 of the Internal Revenue Code. Funds and investments credited to the Reserve Account shall be valued by the Authority not less frequently than as of the first day of the calendar month next preceding each interest payment date. In computing the amount in the Reserve Account, Authorized Investments shall be valued at market value. If upon any valuation date the amount on deposit in the Reserve Account is less than $230,500, then such deficiency shall be restored to such amount within not less than 30 days. In the event that funds are ever withdrawn from the Reserve Account in order to pay principal of, premium, if any, or interest on the Bonds, or to make any rebate payment due to the United States in respect of the Bonds under Section 148 of the Internal Revenue Code, the City shall forthwith restore the balance therein to an amount not less than the $230,500 requirement. Section 5.02 Investment of Funds. Any moneys held as a part of the Bond Fund and Loan Fund shall be invested or reinvested by the Authority upon the request and direction of the Authorized City Representative in any Qualified Investment. The type, amount and maturity of Qualified Investments shall conform to the instructions, if any, in the request of the Authorized City Representative. Obligations so purchased shall be deemed at all times to be a part of the Fund for which they are purchased, but may from time to time be sold or otherwise converted into cash, whereupon the proceeds derived from such sale or conversion shall be credited to such Fund. Any interest accruing on and any profit realized from such investment shall be credited to such Fund. The Authority shall redeem or sell, at the best price obtainable, any obligations so purchased, whenever it shall be necessary to do so in order to provide moneys to meet any payment from the Fund. The Authority shall not be liable for any loss resulting from any such investment, nor from failure to preserve rights against endorsers or other prior parties to instruments evidencing any such investment. 23 Investment of funds pursuant to this Section shall be limited as to amount and yield of investment in such manner that no part of the outstanding Bonds shall be deemed "arbitrage bonds" under Section 148 of the Internal Revenue Code and regulations thereunder. [The balance of this page intentionally left blank] 24 ARTICLE VI Particular Covenants of the Authority The Authority covenants and agrees, so long as the Bonds shall be outstanding and subject to the limitations on its obligations herein set forth, that: Section 6.01 Payment of Bonds. It will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution and in each and every Bond executed, authenticated and delivered hereunder; will pay or cause to be paid, from Loan Repayments by the City and other amounts received in respect of the Loan Agreement or available under this Resolution, the principal of, premium (if any) on and interest on every Bond issued hereunder on the dates, at the places and in the manner prescribed in the Bonds in any coin or currency which, on the respective dates of payment of such principal and interest, is legal tender for the payment of public and private debts; provided, however, that the principal of and interest on any Bond is not and shall not be deemed to represent a debt or pledge the faith or credit of the Authority or grant to the Holder of any Bond any right to have the Authority levy any taxes or appropriate any funds to the payment of principal of or interest on the Bonds, such payment to be made solely and only out of the moneys received pursuant to the Loan Agreement and the funds and accounts established and maintained with the Authority pursuant to the requirements of this Resolution and which are hereby pledged and appropriated to the payment of the Bonds by this Resolution. Section 6.02 Authority of the Authority. The Authority is duly authorized under the Constitution and Laws of the State of Minnesota to create and issue the Bonds, to finance the acquisition of the Project, to adopt this Resolution and pledge to the Holders of the Bonds the Loan Repayments, and to make the covenants as herein provided. All necessary action and proceedings on its part to be taken for the creation and issuance of the Bonds and the execution and delivery of this Resolution have been duly and effectively taken. Section 6.03 Concerning the Loan Agreement. It will take such action as may be necessary or advisable to enforce the covenants, terms and conditions of the Loan Agreement if such action shall be deemed to be in the best interest of the Bondholders. The Authority shall do or cause to be done all things on its part to be performed under the Loan Agreement so that the obligations of the City thereunder shall not be impaired or excused. Section 6.04 Disclosure. The Official Statement relating to the Bonds, on file with the Secretary and presented to this meeting, is hereby approved and its designation as a "near final" Official Statement for purposes of Rule 15c2 -12 of the Securities and Exchange Commission and the furnishing thereof to prospective purchasers of the Bonds are hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. The Continuing Disclosure Certificate included in the Official Statement is hereby approved and 25 510 shall be executed and delivered in connection with the delivery of the Bonds. The continuing Disclosure Certificate constitutes a contractual obligation in accordance with its terms. Section 6.05 Information Reporting. The Officers of the Authority are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code by the 15` day of the second calendar month after the close of the calendar quarter in which the Bonds are issued. Section 6.06 Tax Covenant. The Authority shall not take or permit any action that would cause the Bonds to be "private activity bonds" within the meaning of Section 141 of the Code. The Authority shall comply with the rebate requirements imposed under Section 148(0 of the Code and regulations thereunder, including (if applicable) the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The Secretary of the Authority is hereby authorized to make on behalf of the Authority all elections that he may deem necessary and expedient under Section 148 of the Code. In addition, the Authority shall make no investment of funds that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and regulations thereunder. All terms used in this Section 6.06 shall have the meanings provided in the Code and regulations thereunder. Section 6.07 To Observe All Covenants and Terms Limitations on Authority's Obligations. It will not issue or permit to be issued any Bonds hereunder in any manner other than in accordance with the provisions of this Resolution, and will not suffer or permit any Default to occur under the Resolution, but will faithfully observe and perform all the conditions, covenants and requirements hereof. It is expressly agreed that the Authority has no obligation to levy taxes for, or make any advance or payment or incur any expense or liability from its general funds in performing, any of the conditions, covenants or requirements of the Bonds or this Resolution or from any funds other than revenues and income received pursuant to the Loan Agreement or moneys in the funds and accounts provided for herein. 26 ARTICLE VII Events of Default; Remedies Section 7.01 Events of Default. Each of the following events is hereby defined as, and is declared to be and to constitute, an "Event of Default (a) If payment of the principal of any of the Bonds, when the same shall become due and payable, whether at maturity or by proceedings for redemption (by redemption, declaration or otherwise), shall not be made; or (b) If payment of any interest on the Bonds when the same shall become due and payable (in which case interest shall be payable to the extent permitted by law on any overdue installments of interest, in each case at the interest rate borne by the Bonds in respect of which such interest is overdue) shall nbt be made; or (c) If the Authority shall default in the due and punctual performance of any of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution, or in any resolution supplemental hereto on the part of the Authority to be performed, and such default shall have continued for a period of sixty days after written notice, specifying such default and requiring the same to be remedied, shall have been given to the Authority and to the City (giving the City the privilege of curing such default in the name of the Authority, if permitted by law) by the Holders of not less than a majority in principal amount of the Bonds then outstanding; or (d) If any "event of default" on the part of the City, as that term is defined in the Loan Agreement, shall occur and be continuing. Section 7.02 Acceleration of Maturity. If an Event of Default shall exist, the Holders of a majority in aggregate principal amount of Bonds outstanding hereunder may, by notice in writing delivered to the Authority, declare the principal of all Bonds hereby secured then outstanding and the interest accrued thereon immediately due and payable, and such principal and interest shall thereupon become and be immediately due and payable subject, however, to the right of the Holders of a majority in aggregate principal amount of Bonds then outstanding hereunder, by written notice to the Authority, to annul such declaration and destroy its effect at any time if all covenants with respect to which default shall have been made shall be fully performed or made good, and all arrears of interest upon all Bonds outstanding hereunder and all other indebtedness secured hereby (except the principal of any Bonds which have not then attained their stated maturity and interest accrued on such Bonds since the last interest payment date) shall be paid. Section 7.03 Enforcement of Covenants and Conditions. Upon the happening and continuance of an Event of Default, the Authority may, and shall upon the written request of the Holders of not less than twenty -five per centum (25 in aggregate principal amount of outstanding Bonds, proceed forthwith by suit or suits at law or in equity or by any 27 other appropriate remedy to enforce rights of the Authority under the Loan Agreement, and to enforce any such other appropriate legal or equitable remedy as the Authority, being advised by counsel, shall deem most effectual to protect and enforce any of its rights or any of the rights of the Bondholders. Notwithstanding the foregoing, the Authority need not proceed upon any such written request of the Bondholders, as aforesaid, unless such Bondholders shall have offered to the Authority security and indemnity satisfactory to it against the costs, expenses and liabilities to be incurred therein or thereby. Section 7.04 Application of Moneys. All moneys received by the Authority pursuant to any right given or action taken under the provisions of this Resolution or the Loan Agreement, shall, after payment of the cost and expenses of the proceedings resulting in the collection of such moneys and of the expenses, liabilities and advances incurred or made by the Authority, be deposited in the Bond Fund and all moneys in the Bond Fund and Loan Fund shall be applied as follows: (a) Unless the principal of all the Bonds shall have become due and payable, all such moneys shall be applied: First: To the payment to the Bondholders entitled thereto of all installments of interest then due on the Bonds, in the order of the maturity of the installments of such interest, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Bondholders entitled thereto, without any discrimination or privilege; and Second: To the payment to the Bondholders entitled thereto of the unpaid principal of any of the Bonds which shall have become due (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of this Resolution), in the order of their due dates, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, then to the payment ratably, according to the amount of principal due on such date, to the Bondholders entitled thereto without any discrimination or privilege. (b) If the principal of all the Bonds shall have become due, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the Bondholders entitled thereto without any discrimination or privilege. 28 Sq Whenever moneys are to be applied by the Authority pursuant to the provisions of this Section, such moneys shall be applied by it at such times, and from time to time, as the Authority shall determine, having due regard to the amount of such moneys available for application and the likelihood of additional moneys becoming available for such application in the future. Whenever the Authority shall apply such funds, it shall fix the date (which shall be an interest payment date unless it shall deem another date more suitable) upon which such application is to be made and upon such date interest on the amounts of principal to be paid on such dates shall cease to accrue. The Authority shall give such notice as it may deem appropriate of the deposit with it of any such moneys and of the fixing of any such date, and shall not be required to make payment to the Holder of any Bond until such Bond, shall be presented to the Registrar for appropriate endorsement or for cancellation if fully paid. Whenever all Bonds and interest thereon have been paid under the provisions of this Section and all expenses and charges of the Authority have been paid, any balance remaining shall be paid to the persons entitled to receive the same; if no other person shall be entitled thereto, then the balance shall be paid to the City. Section 7.05 Power of Majority of Bondholders. Anything in this Resolution to the contrary notwithstanding, the Holders of a majority in aggregate principal amount of Bonds outstanding hereunder shall have the right, at any time, by an instrument or instruments in writing executed and delivered to the Authority, to direct the method and place of conducting all proceedings to be taken under this Resolution and the Loan Agreement; provided, that such direction shall not be otherwise than in accordance with the provisions of law. Section 7.06 Waiver by Bondholders. The Holders of not less than fifty-one per centum (51 in principal amount of the Bonds at the time outstanding hereunder, may, by an instrument or instruments in writing, waive any Default hereunder and its consequences, except a Default in the payment of the principal of the Bonds at the date of maturity specified therein. In case of any such waiver, the Holders of the Bonds shall be restored to their former positions and rights hereunder respectively. No such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Section 7.07 Remedies Cumulative. Delay Not To Constitute Waiver. No remedy by the terms of this Resolution or the Loan Agreement, conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power or shall be construed to be a waiver of any such Default or Event of Default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. 29 No waiver of any Default or Event of Default hereunder shall extend to or shall affect any subsequent Default or Event of Default or shall impair any rights or remedies consequent thereon. Section 7.08 Restoration of Rights Upon Discontinuance of Proceedings. In case the Bondholders shall have proceeded to enforce any right under this Resolution and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Bondholders, then and in every such case the Authority, the City and the Bondholders shall be restored to their former positions and rights hereunder, and all rights, remedies and powers of the Bondholders shall continue as if no such proceedings had been taken. [The balance of this page intentionally left blank] 30 4 i ARTICLE VIII Concerning the Bondholders Section 8.01 Execution of Instruments by Bondholders. Any request, direction, consent or other instrument in writing required by this Resolution to be signed or executed by Bondholders may be in any number of concurrent instruments of similar tenor and may be signed or executed by such Bondholders in person or by agent duly appointed by an instrument in writing. Proof of the execution of any such instrument and of the ownership of Bonds shall be sufficient for any purpose of this Resolution and shall be conclusive with regard to any action taken under such instrument if made in the following manner: (a) The fact and date of the execution by any person of any such instrument may be proved by the certificate of any officer in any jurisdiction who, by the laws thereof, has power to take acknowledgments of deeds to be recorded within such jurisdiction, to the effect that the person signing such instrument acknowledged to him the execution thereof, or by an affidavit of a witness to such execution. (b) The ownership of Bonds shall be proved by the registration books kept under the provisions of this Resolution. Section 8.02 Waiver of Notice. Any notice or other communication required by this Resolution to be given by delivery, publication or otherwise to the Bondholders or any one or more thereof may be waived, at any time before such notice or communication is so required to be given, by a writing mailed or delivered to the Authority by the Holder or Holders of all of the Bonds entitled to such notice or communication. Section 8.03 Determination of Bondholder Concurrence. In determining whether the Holders of the requisite aggregate principal amount of Bonds have concurred in any demand, request, direction, consent or waiver under this Resolution, Bonds which are owned by the Authority or the City shall be disregarded and deemed not to be Outstanding for the purpose of any such determination. Section 8.04 Bondholders' Meeting. A meeting of the Bondholders may be called at any time and from time to time for any of the following purposes: (1) to give any notice to the Authority or to give any direction to or to make any request of the Authority, or to consent to the waiving of any default hereunder and its consequences, or to take any other action authorized to be taken by Bondholders pursuant to any of the provisions of Article VII hereof; (2) subject to Article X hereof, to consent to the adoption of a resolution supplemental hereto; 31 (3) subject to Article XI hereof, to consent to any amendment of the Loan Agreement or to any instrument supplemental to the Loan Agreement; or (4) to take any other action authorized to be taken by or on behalf of the Holders of any percentage of the Outstanding Bonds under any other provisions of this Resolution or under applicable law. Any Bondholders' meeting may be called and held as follows: (a) A meeting of Bondholders may be held at such place within the Authority in case of the Authority's failure to act, the Bondholders calling the meeting shall prescribe. (b) Notice of every meeting of Bondholders, setting forth the time and place of such meeting and in general terms the action proposed to be taken at such meeting, shall be mailed, postage prepaid, not less than 20 nor more than 180 days prior to the date fixed for the meeting, to each owner of Bonds. Any failure of the Authority to mail such notice, or any defect therein shall not, however, in any way impair or affect the validity of any such meeting. (c) In case at any time the Holders of at least ten percent (10 in aggregate principal amount of the Bonds then Outstanding, shall have requested the Authority to call a meeting of the Bondholders, by written request setting forth in reasonable detail the action proposed to be taken at the meeting, and the Authority shall not have given the notice of such meeting within 20 days after receipt of such request, then the Holders of Bonds in the amount above specified may call such meeting to take any action authorized in this Section by giving notice thereof as provided in paragraph (b) of this Section. (d) Only a Holder of one or more Bonds or a person appointed as proxy by an instrument in writing of such Holder shall be entitled to vote at or to participate with their counsel and the representatives of the Authority in such meeting. Each Holder shall be entitled to one vote for each $1,000 in principal amount of Outstanding Bonds held. (e) The Authority or Bondholders calling or requesting the meeting, may make such reasonable regulations as it may deem advisable for any meeting of Bondholders in regard to proof of the holding of Bonds and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. (f) At any meeting of Bondholders, the presence of persons owning Bonds in an aggregate principal amount sufficient under the appropriate provision of this Resolution to take action upon the business for the transaction of which such meeting 32 1Q3 was called shall constitute a quorum. Any meeting of Bondholders duly called pursuant to this Section may be adjourned from time to time by vote of the Holders (or proxies for the Holders) of a majority of the Bonds represented at the meeting and entitled to vote, whether or not a quorum shall be present; and the meeting may be held as so adjourned without further notice. (g) The vote upon any resolution submitted to any meeting of Bondholders shall be by written ballots on which shall be subscribed the signatures of the Holders of Bonds or of their representatives by proxy and the serial number or numbers of the Bonds held or represented by them. The chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Bondholders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was mailed as provided in paragraph (b) hereof. Each copy shall be signed and verified by the affidavits of the chairman and secretary of the meeting and one such copy shall be delivered to the City and the Authority. Any record so signed and verified shall be conclusive evidence of the matters therein stated. Section 8.05 Revocation by Bondholders. At any time prior to (but not after) the evidencing to the Authority of the taking of any action by the Holders of the percentage in aggregate principal amount of the Bonds specified in this Resolution in connection with such action, any Holder of a Bond may, by filing written notice with the Authority at its principal office, revoke any consent given by such Holder or the predecessor Holder of such Bond. Except as aforesaid, any such consent given by the Holder of any Bond shall be conclusive and binding upon such Holder and upon all future Holders and owners of such Bond and of any Bond issued in exchange therefor or in lieu thereof, irrespective of whether or not any notation in regard thereto is made upon such Bond. Any action taken by the Holders of the percentage in aggregate principal amount of the Bonds specified in this Resolution in connection with such action shall be conclusively binding upon the Authority and the Holders of all the Bonds. 33 ce4 ARTICLE IX Payment. Defeasance and Release Section 9.01 Payment and Discharge of Resolution. If the Authority, its successors or assigns, shall (a) pay or cause to be paid the principal of and premium, if any, and interest on the Bonds at the time and in the manner stipulated therein and herein, or (b) provide for the payment of principal and premium, if any, of the Bonds and interest thereon by depositing in an irrevocable escrow account with a national bank at or at any time before maturity amounts sufficient either in cash or in direct obligations of or obligations the principal of and interest on which is fully guaranteed by the United States of America the principal and interest on which when due and payable (or redeemable at the option of the holder thereof) and without consideration of any reinvestment thereof shall be sufficient to pay the entire amount due or to become due thereon for principal and premium, if any, and interest to maturity of all said Bonds Outstanding, or (c) unless waived, give proper notice of redemption of all of the Outstanding callable Bonds not surrendered or to be surrendered to it for cancellation has been given or waived as provided in Article III hereof, or make arrangements insuring that such notice will be given or waived, and deposit in an irrevocable escrow account before the date on which such Bonds are to be redeemed, as provided in said Article III, the entire amount of the redemption price, including accrued interest, and premium, if any, either in cash or direct obligations of or obligations the principal of and interest on which is fully guaranteed by the United States of America (which do not permit the redemption thereof at the option of the issuer) in such aggregate face amount, bearing interest at such rates and maturing at such dates as shall be sufficient to provide for the payment of such redemption price on the date such Bonds are to be redeemed, and on such prior dates when principal of and interest on the Outstanding Bonds is due and payable, then and in that case, all rights of the owners of the Bonds, except the right to payment from the funds so deposited, shall thereupon cease, determine and become void. Nothing contained in this Section 9.01 shall be construed to prohibit the defeasance of one or more, but not all, series of Bonds by any of the methods set forth in clauses (a), (b), or (c) above, as the same would apply to the particular series of Bonds being discharged. Section 9.02 Bonds Deemed Not Outstanding After Deposits. When there shall have been deposited at any time with an authorized national bank in trust for the purpose, cash or direct obligations of or obligations fully guaranteed by the United States of 34 (Qs America the principal and interest on which shall be sufficient to pay the principal of any Bonds (and premium, if any) when the same become due, either at maturity or otherwise, or at the date fixed for the redemption thereof and to pay all interest with respect thereto at the due dates for such interest or to the date fixed for redemption, for the use and benefit of the Holders thereof, then upon such deposit all such Bonds shall cease to be entitled to any lien, benefit or security of this Resolution except the right to receive the funds so deposited, and such Bonds shall be deemed not to be Outstanding hereunder; and it shall be the duty of the Authority to hold the cash and securities so deposited for the benefit of the Holders of such Bonds, and from and after such date, redemption date or maturity, interest on such Bonds thereof called for redemption shall cease to accrue. [The balance of this page is intentionally left blank] 35 Cap ARTICLE X Supplemental Resolutions Section 10.01 Purposes for Which Supplemental Resolutions May be Executed. The Authority from time to time and at any time, subject to the conditions and restrictions in this Resolution contained, may adopt resolutions supplemental hereto as may or shall by them be deemed necessary or desirable without the consent of any Bondholder for any one or more of the following purposes: (a) To correct the description of any property hereby pledged or intended so to be, to the Bondholders, additional property or properties of the Authority or the City for the equal and proportional benefit and security of the Holders and owners of all Bonds at any time issued and Outstanding under this Resolution, subject, however, to the provisions hereinabove set forth with respect to extended Bonds; (b) To add to the covenants and agreements of the Authority in this Resolution contained other covenants and agreements thereafter to be observed, or to surrender any right or power reserved to or conferred upon the Authority or to or upon any successor; (c) To evidence the succession or successive successions of any other department, agency, body or corporation to the Authority and the assumption by such successor of the covenants, agreements and obligations of the Authority in the Bonds hereby secured and in this Resolution or the succession, removal or appointment of any registrar or paying agent hereunder; and (d) To cure any ambiguity or to correct or supplement any provision contained herein which may be defective or inconsistent with any other provision contained herein, or to make such other provisions in regard to matters or questions arising under this Resolution as the Authority may deem necessary or desirable and which shall not be inconsistent with the provisions of this Resolution and which shall not impair the security of the same. Section 10.02 Modification of Resolution with Consent of Bondholders. Subject to the terms and provisions contained in this Section, the Holders of not less than sixty -six and two- thirds per centum (66 2/3 in aggregate principal amount of the Bonds then outstanding shall have the right, from time to time, to consent to and approve the adoption by the Authority and the Registrar of such resolutions supplemental hereto as shall be deemed necessary or desirable by the Authority for the purpose of modifying, altering, amending, adding to or rescinding in any particular, any of the terms or provisions contained in this Resolution; provided, however, that, notwithstanding any other provision of this Resolution, nothing herein contained shall permit or be construed as permitting, without the consent of the Holders of all Outstanding Bonds, (a) an extension of the maturity of any Bond issued hereunder, or (b) a reduction in the principal amount of any Bond or the 36 47 redemption premium or the rate of interest thereon, or (c) the creation of a lien upon or a pledge of revenues ranking prior to or on a parity with the lien or pledge created by this Resolution, or (d) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (e) a reduction in the aggregate principal amount of the Bonds required to consent to supplemental resolutions or amendments to the Loan Agreement, or (f) a reduction in the aggregate principal amount of the Bonds required to waive an Event of Default. Section 10.03 Supplemental Resolutions to be Part of Resolution. Any supplemental resolution executed in accordance with any of the provisions of this Article shall thereafter form a part of this Resolution; and all the terms and conditions contained in any such supplemental resolution as to any provisions authorized to be contained therein shall be and be deemed to be part of the terms and conditions of this Resolution for any and all purposes, and the respective rights, duties and obligations under this Resolution of the Authority and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced hereunder, subject in all respects tb such modifications and amendments. Section 10.04 Rights of City Unaffected. Anything herein to the contrary notwithstanding, a supplemental resolution under this Article X which adversely affects the rights of the City under the Loan Agreement, so long as the Loan Agreement is in effect, shall not become effective unless and until the City consents to the execution and delivery of such supplemental resolution. [The balance of this page intentionally left blank] ARTICLE XI Amendments to the Loan Agreement Section 11.01 Amendments to the Loan Agreement, Not Requiring Consent of Bondholders. The Authority and the City may, without the consent of or notice to the Bondholders, consent to any amendment, change or modification of the Loan Agreement as may be required (i) by the provisions of the Loan Agreement and this Resolution, (ii) in connection with the issuance of Additional Bonds as provided herein, (iii) for the purpose of curing any ambiguity or formal defect or omission, or (iv) in connection with any other change therein which is not to the prejudice of the Holders of the Bonds. Section 11.02 Amendments to Loan Agreement Requiring Consent of Bondholders. Except for the amendments, changes or modifications as provided in Section 11.01 hereof, the Authority shall not consent to any other amendment, change or modification of the Loan Agreement without the written approval or consent of the Holders of not less than sixty -six and two- thirds per centum (66 2/3 in aggregate principal amount of the Bonds at the time Outstanding given and procured as in this Section provided; provided, however, that no such amendment, change or modification shall ever affect the obligation of the City to make Loan Repayments as they become due and payable. If the Holders of not less than sixty -six and two- thirds per centum (66 2/3 in aggregate principal amount of the Bonds Outstanding hereunder at the time of the execution of any such amendment, change or modification shall have consented to and approved the execution thereof as herein provided, no Holder of any Bond shall have any right to object to any of the terms and provisions contained therein, or in the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Authority or the City from executing the same or from taking any action pursuant to the provisions thereof. Section 12.03 No Amendment May Reduce Loan Repayments. Under no circumstances shall any amendment to the Loan Agreement reduce the Loan Repayments without the consent of the Holders of all the Bonds Outstanding. Section 11.04 Rights of Authority. The Authority has no duty or obligation to consent to any proposed amendment to the Loan Agreement and may, at the expense of the City, request and receive an opinion of such counsel as the Authority may select in connection with any matter relating to a proposed amendment to the Loan Agreement. 38 �y ARTICLE XII Miscellaneous Section 12.01 Covenants of Authority Bind Successors and Assigns. All the covenants, stipulations, promises and agreements in this Resolution contained, by or in behalf of the Authority, shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. Section 12.02 Immunity of Officers. No recourse for the payment of any part of the principal of or interest on any Bond or for the satisfaction of any liability arising from, founded upon or existing by reason of the issue, purchase or ownership of the Bonds shall be had against any officer, member or agent of the Authority Council, the Authority, as such, all such liability being hereby expressly released and waived as a condition of and as a part of the consideration for the execution of this Resolution and the issuance of the Bonds. Section 12.03 No Benefits to Outside Parties. Nothing in this Resolution, express or implied, is intended or shall be construed to confer upon or to give to any person or corporation, other than the City, the parties hereto and the Holders of the Bonds issued hereunder, any right, remedy or claim under or by reason of this Resolution or covenant, condition or stipulation thereof; and the covenants, stipulations and agreements in this Resolution contained are and shall be for sole and exclusive benefit of the City, the parties hereto, their successors and assigns, and the Holders of the Bonds. Section 12.04 Separability of Resolution Provisions. In case any one or more of the provisions contained in this Resolution or in the Bonds shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Resolution, but this Resolution shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Section 12.05 Execution of Resolution in Counterparts. This Resolution may be simultaneously executed in several counterparts, each of which, when so executed, shall be deemed to be an original, and such counterparts shall together constitute one and the same instrument. Section 12.06 Headings Not Controlling. The headings of the several Articles and Sections hereof are inserted for the convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof. X11:609928.03 39 Agenda Information Memo May 2, 2000 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Seasonal Lifeguards/Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Kerry Johnson and Eric Sidler as seasonal lifeguards for Cascade Bay. Item 2. Seasonal Guest Services Workers /Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Jeff Wright, Lindsay Kropelnicki, Breanna Mason, Katie Patnode, Matt Oberhaus and Melissa Smith as seasonal guest services workers for Cascade Bay. Item 3. Seasonal Concessionaire/Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Matt Horvath, Elissa Moses, Amanda Kuntz, Jamie Myers, Alexis Lund, Jocelyn Kuno, Jessica Paulson, Alyssa Erdman, Alison Rusk, Metra Najafzaden and Allison Gerber as seasonal concessionaires for Cascade Bay. Item 4. Seasonal Operations/Maintenance Workers/Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Glenn Smith and Matt Jarosz as seasonal operations /maintenance workers for Cascade Bay. Item 5. Seasonal Parks Maintenance Workers- ACTION TO BE CONSIDERED: To approve the hiring of Lynn Streefland and Kali Martin as seasonal park maintenance workers. 7i Agenda Information Memo May 2, 2000 Eagan City Council Meeting Item 6. Seasonal Park Attendant- ACTION TO BE CONSIDERED: To approve the hiring of Sarah Kleinboehl as a seasonal park attendant. Item 7. Seasonal Ballfield Attendant- ACTION TO BE CONSIDERED: To approve the hiring of Luke Jacobsen as a seasonal ballfield attendant. Item 8. Seasonal Custodian/Civic Arena- ACTION TO BE CONSIDERED: To approve the hiring of Joe Pontrelli as a seasonal custodian for the civic arena. Item 9. Seasonal Water Resources Assistant- ACTION TO BE CONSIDERED: To approve the hiring of Aaron Mlynek as a seasonal water resources assistant. Agenda Information Memo May 2, 2000 Eagan City Council Meeting B. FINAL PLANNED DEVELOPMENT AND FINAL PLAT (BURR OAKS BUSINESS PARK) JBL CAPITAL INC. ACTION TO BE CONSIDERED: To approve a Final Planned Development to allow a 22,601 square foot office warehouse building upon a 4.0 acre site located north of Yankee Doodle Road and east of T.H. 149 upon property currently platted as Outlot D, Gopher Eagan Industrial Park 2nd Addition (within the SE 1/4 of Section 12). To approve a Final Plat (Burr Oaks Business Park) establishing 4.0 acre lot upon property currently platted as Outlot D, Gopher Eagan Industrial'Park 2nd Addition (within the SE 1/4 of Section 12). FACTS: The subject property was originally part of the Gopher Eagan Planned Development approved in 1976. The approved PD calls for the development of an industrial use on the property. The subject property is guided BP, Business Park. The proposed development calls for the construction of a single story, 22,601 square foot office- warehouse building upon the proposed lot (Lot 1). No outside storage of materials, other than trash handling/recycling containers, will exist on the property. The Final Planned Development Agreement is in order and expected to have been executed by May 2, 2000. ATTACHMENTS (3) Final Plat drawing, page 114 Site Plan, page S Building Elevations, page I10 -73 a 11 1 2 It 2 ji i Hi 1: al gi ii ti ;it 8 11 r a; I I I s 1 -1 at 10 1st!! rlp 8.84 ell 1 is !i Ed it 21 318 v af I s li 1 1 1 1 3. a: I i I I 1 I i P 2 1 -14 1 i II 1 A I 0 1 1 a if .1 11 2 411 12 2i 21 2 1 4 1! 11 1 6.4 3 a 1: 11 8 t ZO'd �I b at wY YO Y la I. 0 ao N W z to 0 ae ag IO1S 1111 LA* DNlailne )IbVd SS3NISn8 )IVO una tk 7 S r� 1 11 SI ell tag 1i 1 121 I. 4 SL d8t 00- bZ --Ad`d SO'd I 16, kit incisuum siest l J N I a l l n 9 )121Vd SS3NISn8 )IVO vane I it i �iilll!�� ir d1 1' n T 1 i r tl d6t ZO 00-tZ-.Ady Agenda Information Memo May 2, 2000 Eagan City Council Meeting ACTION TO BE CONSIDERED: C. SET SATURDAY, MAY 20 AT 10:00 A.M., EAGAN MAINTENANCE FACILITY, 3501 COACHMAN POINT AS THE DATE AND LOCATION FOR THE 2000 CITY AUCTION To schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 8, 1999, at the Eagan Maintenance Facility, 3501 Coachman Point. FACTS: Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State law permits the sale of these items to the highest designation as surplus property. '7 Agenda Information Memo May 2, 2000 Eagan City Council Meeting D. DECLARE BICYCLES, UNCLAIMED PROPERTY AND MISCELLANEOUS CITY PROPERTY TO BE SURPLUS FACTS: Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State law permits the sale of these items to the highest designation as surplus property. Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property; it is reallocated to the appropriate department rather than being sold. ATTACHMENTS: 2000 auction item list on pages J 1 through S -v City of Eagan 2000 Auction This list is for informational purposes only. The City reserves the right to add to or delete from this list without notice, and assumes no liability for any errors or omissions of any kind. Asset DESCRIPTION Department �9 Black Hills Gold Ring w /Eagle Police 2 Kicker Impulse 6" Speakers Police 2 Kicker Impulse Crossovers Police Men's Fossil Steel Watch Police Structure Sunglasses w /case Police Cell Phone Cord 2 Flashlights Police Bike Bag Police Radio /1 Pair Sox/3 Tools 4 Books Police Hydraulic Floor Jack Police Black Knapsack Police Purple JanSport Knapsack Police Texas Instrument Calculator Police Mittens/T- Shirt/Striped Shirts/Yellow Pants Police Motorola Cell Phone Police Aerial Cell Phone Police Motorola Cell Phone adapter Police Shoe Brush Speaker Wire Police Weight Lifting Police Utility 48" Shop Light Police Wiring Pliers Police Easton 34" Aluminum Baseball Bat Police Screwdriver Police Alpine CD Changer Police Phoenix Gold Amp Police Tool Belt/Jumper Cables Police Misc. Tools Police Blue Silver Necklace Police Misc. Tools Police Vinyl Gloves, Screw Driver, Flashlight, Greatland Tool Police Car Jack Police Ericsson Cell Phone Police Black Purse Revlon Watch Police Red Mag Flashlight Police Plastic Lamb, Donkey King Police Sony Car Discman w /cassette adapter Police Casio Electronic Keyboard Police Casio Electronic Keyboard Police Field Stream Windbreaker Police Cellular Phone Police Tek Camera Bag 2 rolls of film Police Pager Police City of Eagan 2000 Auction This list is for informational purposes only. The City reserves the right to add to or delete from this list without notice, and assumes no liability for any errors or omissions of any kind. Asset DESCRIPTION Department �9 Tow Chain Hook Police Size 1/2 Women's Black Stretch Pants Police Size Small 2 Piece Top Police Sledge Hammer Police Lennox AM /FM Radio Cassette Recorder Police Blue Fleece Top Size XL Police Black Hooded Sweatshirt Size XL Police 5 Flashlights Police Black Backpack Police Green Book Bag Police Silver Diamond Tennis Bracelet Police Binoculars w /zoom Police 100 Watt Amp Hookup Police Classic Wings 98 Flight Simulator, Aircraft Cockpit Expansion Program Police RCA Portable Cassette Player Police Kenwood CD Receiver Police Perry Ellis Jacket Size M Police Perry Ellis Jacket Size XL Police FILA Footwear Size 7 Police Adidas Footwear Size 5 '/Z Police High Sierra Sandals Size 5 Police Nike Air Athletic Footwear Size 6 Police Motorola Cell Phone Police Grey Sub Woofer w /Speakers Police 50' Blue Extension Cord Police Small Bag w/2 Pair Small Binoculars Police Small Ratchet Wrench Police Norelco Electric Shaver Police Seiko Men's Watch Police Uniden Extend -a -Phone Police Pitching Wedge Police Orlimar Trimetal Golf Club Police Green /Brown Sport Coat Police Gray Sport Coat Police Yellow Shirt Police Olive Green Nylon Jacket Police Brown Corduroy Pants Size 4 Police 3 CD Cases Police 2 Cigarette Lighters /2 Pair Sunglasses Police Red Marlboro Sports Bag Police Large Flashlight Auto Vacuum Cleaner Police 2 Small Flashlights Police Black Nylon CD Case Police 3 Flashlights /Black Wallet Police 2 Bags Misc. Jewelry Police Black Canvas Bag Police Tan Canvas Bag Police Green 2 Piece Rain Suit Police 8I Pioneer Cassette Player Police Ink Jet Cartridge System Police CD Case /Disc washer Police Madden 99 Computer Game Police Madden 99 Computer Game Police Norton Utilities for Windows Police Quicken for Windows Police Sound SPA Police Cable Light Set Police RCA Personal CD Player Police 3 Philips Earth Light Bulbs Police Printer Cable Police Disc Washer Police 12 Pair Kids Socks Police 4 Drill Bits Police Tire Iron 4 Prong Police Large Mag Flashlight Police Stored Plug In Adapters Police 4 Position Box Lightning Audio Police AC Delco Air Compressor Police Adapter Lighter Socket Police Precision Power PC1400 Amp Police Misc. Cables Police Heavy Duty Fuse Breaker Police Louisville Slugger Softball Bat Police MTX Electronic Crossover Police Alpine Cassette Receiver Police Blue Bag Police DKNY Watch Police 12V Halogen Search Light Police 2944 Casio PCR -308 Cash Register Police 2789 Ricoh Fax Machine FAX2800L Police 50 Foot Measuring Tape Storm Drainage Projection Screen Storm Drainage 1- person Nylon Lunch Cooler Storm Drainage Canoe Seat (Needs re- caning) Storm Drainage Hip Boots Size 10 Storm Drainage Hip Boots Size 12 Storm Drainage 2 Coffee Mugs Storm Drainage Softball Storm Drainage 2 Room Dividers Blue Fabric Maint. Facility 2 Wooden Shelves Maint. Facility 1774 Craftsman Tool Chest Set Central Services Misc. Hand Tools Central Services 2 Black Decker Electric Drills Central Services Misc. Pieces and Rolls of Chain Link Fencing Central Services Misc. Pallets of Brick Block Central Services 8I 8d Steel Desk Central Services 1762 1987 Tandem Axle Trailer Central Services 2 Tub Files Central Services Misc. Office Furniture Central Services 960 36" x 72" 6 Drawer Desk Engineering Computer Table with Roller Legs Engineering 2182 48" Single Pedestal Round Conf. Table Engineering 5' x 19" Wood Table Top Bookshelf Engineering 3619 2 Drawer Legal File Engineering 00029 Typewriter Stand Engineering 00050 36" x 72" 5 Drawer Desk Engineering 2 Tub Files Planning Pre Herman Miller Office Furniture Planning 2 Copy Machines Civic Arena Typewriter Parks +100 BICYCLES Police 8d Agenda Information Memo May 2, 2000 Eagan City Council Meeting E. DECLARE COMPUTER HARDWARE AND SOFTWARE AS SURPLUS FOR EITHER SALE AT AUCTION OR DONATION TO DRAGNET ACTION TO BE CONSIDERED: To declare various IT computer hardware and software as surplus equipment and authorize the donation of these products to Dragnet, a non profit organization that works with people with disabilities. FACTS: There are several pieces of computer hardware, in addition to several software programs, that have been determined to be no longer productive for current equipment and City operations. In previous years, such equipment has been offered for sale at the City auction, with varying levels of success. Preparing the equipment for auction and dealing with servicing it afterwards is not an effective use of our IT personnel's time. Equipment which was not purchased still had to be disposed of. Other municipalities have been donating excess /obsolete equipment to Dragnet, which takes useable pieces from computers to assemble a workable computer. Dragnet is a non profit organization that works with people with disabilities for the purposes of learning and employment. Agenda Information Memo May 2, 2000 Eagan City Council Meeting F. APPROVE TEMPORARY ON -SALE LICENSE FOR INTERGENERATIONAL LIVING HEALTH CARE ACTION TO BE CONSIDERED: To approve a temporary on -sale license for Intergenerational Living Health Care. FACTS: Intergenerational Living Health Care has requested a temporary on -sale liquor license be issued to them for an event planned for June 2 and 3, 2000. The license will be used at a fundraising event for Intergenerational Living Health Care and will be held at The Commons on Marice. The application form has been submitted and deemed in order by staff and the $150.00 fee has been paid. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: Application enclosed without page number. Agenda Information Memo May 2, 2000 Eagan City Council Meeting ATTACHMENTS: G. APPROVE THE LIST OF ELECTION JUDGES FOR THE JUNE 6, 2000 SPECIAL ELECTION ACTION TO BE CONSIDERED: To approve the list of election judges for the June 6, 2000 Special Election. FACTS: At the April 4, 2000 City Council meeting, action was taken to schedule a bond referendum on June 6 to consider site improvements to the 60 -acre central park to allow for a band shell, fireworks, community festivals and a community center building. Attached on pages through 9b is the list of election judges for the Special Election. ES June 6111, 2000 Election Judges Last Name First Name Agrimson Lois Amundson Gen Bahr Darlene Baker Marion Bari Joseph Bassett Elizabeth Beliveau Janice Bellile Grover Benjamin Patti Black Neal Bohlig Joan Brastad Virian Breuer Penny Bruce Sharon Bruce Larry Bruce Eleanore Byrnes Gladys Christopherson Judy Collier Harold Cook Larry Danner Margo Defrang Marilyn Dodge Gerianne Engen Bonny Erickson Nancy Fischer Elaine Fischer Charles Fredlund Roger Friday, April 28, 2000 8(9 Page 1 of 5 Last Name First Name Fredlund Ellen Giblin Don Giblin Maureen Gignac Millie Glander Judith Glander Charles Goess Art Goess Bernadine Good Patti Grimmer Eleanor Hagen Lori Hamernik Frank Hansen Mari Hansen Judy Hazel Kim Healy Bea Heir Donna Huard Marian Hval Norman Iffert Richard Jacobs Marge Johnson Penny Kaeder Patricia Kaufman Julie Kaufman -Boom Julie Kennedy Helen Kennelly Betty Kimber Jean Kivi Deanna Klang Shirlee Friday, April 28, 2000 Page 2 of 5 Last Name First Name Koehler Jeanne Koehn David Kolehmainen Jan Kolehmainen Kay Kreitz Alice Krisnik Yvonne Kuehn Jan Larson Sonya Lawrence Walter Leean Don Legler Marilyn Legler Herb Leibel Arlene LeMay Richard Lewis John Lund Donald Lundstrom Sue Manthey Phyllis McLaughlin Laverne Meckley Robert Medin Emily Mirick Zella Munson Ruth Nelson June Nicolay Richard Nitti Clarice Ohm Eldoris Otterness Evelyn Paskett Jim Paul Patti Friday, April 28, 2000 88 Page3of5 Last Name First Name Pedersen Mary Jane Pellerin Margaret Perin Ruth Perin Thomas Peterson Judy Porter Marilyn Ramsey Betty Restad Arlen Ricke Patricia Rieger Lorraine Roach Ann Ruzicka Martie Saima Judy Sandison Betty Sebert Christine Sektnan Donald Severson Jody Shay Sheila Sirotiak Andrew Skar Bill Struble Dawn Swedean Joyce Swedean Dick Taylor Ceylon Thomas Ann Thurston Carolyn Twomey Ruth Uecker Karen Vandyck Lois Victor James Friday, April 28, 2000 Page 4 of 5 89 Last Name Vihovde Vihovde Vimr Vondelinde Wagner Woolley Friday, April 28, 2000 First Name Fred Carol Rose Sue Bonnie Marilyn Agenda Information Memo May 2, 2000 Eagan City Council Meeting H. APPROVE ON -SALE LIQUOR LICENSE APPLICATION FOR RED ROBIN RESTAURANT ACTION TO BE CONSIDERED: To approve an on -sale liquor license application for Red Robin Restaurant. FACTS: LeCarnassier LLC has applied for an on -sale liquor license with the City of Eagan. The applicant is a Limited Liability Corporation and is based in Ohio. The applicant plans on building a Red Robin Restaurant at 1230 Town Centre Drive. They have submitted the required documents, which have been reviewed and deemed in order by City staff. The Police Department has conducted an investigation on the principals and they do not find any reason to deny the applicant the on -sale license. ATTACHMENTS: Application enclosed without page number. 41 Agenda Information Memo May 2, 2000 I. PROJECT 754, HILLTOP ESTATES STREET OVERLAY ACTION TO BE CONSIDERED: Receive the feasibility report for Project 754 (Hilltop Estates Street Overlay), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 15, 2000. FACTS: On October 6, 1998, the City Council directed staff to prepare a feasibility report considering street improvements, consisting of a street rehabilitation, within Hilltop Estates (SW 1 /4 Section 22). The neighborhood includes Berry Ridge Road, Hilltop Lane, Strawberry Lane, Raspberry Lane, Raspberry Court, Blueberry Lane, Blueberry Court, Blueberry Knoll, Blueberry Circle, and Pilot Knob frontage road, all northeast of the intersection of Pilot Knob Road and Diffley Road. The resurfacing of the streets within Hilltop Estates is programmed for 2000 in the City of Eagan's 5 -Year CIP (2000- 2004). An informational neighborhood meeting will be held with the adjacent property owners prior to a Public Hearing to review and discuss the proposed improvements. This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. In order to have the project constructed within the 2000 construction season, plans and specifications need to be prepared and an advertisement for solicitation of competitive bids authorized prior to the public hearing. Any revisions or deletions to the scope of the project discussed at the public hearing could still be addressed by an addendum prior to the bid opening. It is recommended that this project be combined with Projects 781 and 783 as one contract. ATTACHMENTS: Feasibility Report, attached without page numbers. Agenda Information Memo May 2, 2000 FACTS: ATTACHMENTS: J. PROJECT 780, GALAXIE AVENUE STREET OVERLAY ACTION TO BE CONSIDERED: Receive the feasibility report for Project 780 (Galaxie Avenue Street Overlay), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 15, 2000. On August 17, 1999, the City Council directed staff to prepare a feasibility report considering street rehabilitation on Galaxie Avenue from Berkshire Drive to the Apple Valley corporate limits. The bituminous overlay of this portion of Galaxie Avenue is programmed for 2000 in the City of Eagan's 5 -Year CIP (2000- 2004). An informational neighborhood meeting will be held with the adjacent property owners prior to a Public Hearing to review and discuss the proposed improvements. This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. In order to have the project constructed within the 2000 construction season, plans and specifications need to be prepared and an advertisement for solicitation of competitive bids authorized prior to the public hearing. Any revisions or deletions to the scope of the project discussed at the public hearing could still be addressed by an addendum prior to the bid opening. It is recommended that this project be combined with Projects 782 and 789 as one contract. Feasibility Report, attached without page numbers. 93 Agenda Information Memo May 2, 2000 FACTS: K. PROJECT 781, VIENNA WOODS STREET OVERLAY ACTION TO BE CONSIDERED: Receive the feasibility report for Project 781 (Vienna Woods Street Overlay), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 15, 2000. On August 17, 1999, the City Council directed staff to prepare a feasibility report considering a street rehabilitation on the streets within Vienna Woods. The neighborhood includes Pin Oak Drive, Kings Road, Oak Way, Viburnum Trail, and Vienna Lane, all northeast of the intersection of Cedar Avenue Freeway and I -35E. The bituminous overlay of the streets within the Vienna Woods neighborhood is programmed for 2000 in the City of Eagan's 5 -Year CIP (2000- 2004). An informational neighborhood meeting will be held with the adjacent property owners prior to a Public Hearing to review and discuss the proposed improvements. This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. In order to have the project constructed within the 2000 construction season, plans and specifications need to be prepared and an advertisement for solicitation of competitive bids authorized prior to the public hearing. Any revisions or deletions to the scope of the project discussed at the public hearing could still be addressed by an addendum prior to the bid opening. It is recommended that this project be combined with Projects 754 and 783 as one contract. ATTACHMENTS: Feasibility Report, attached without page numbers. 9 Agenda Information Memo May 2, 2000 ACTION TO BE CONSIDERED: Receive the feasibility report for Project 782 (Old Sibley Memorial Highway Street Resurface), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 15, 2000. FACTS: On August 17, 1999, the City Council directed staff to prepare a feasibility report considering street rehabilitation on Old Sibley Memorial Highway between Old Sibley Highway and Cedar Avenue Freeway (SW 1/4 Section 19). The resurfacing of Old Sibley Memorial Highway is programmed for 2000 in the City of Eagan's 5 -Year CEP (2000- 2004). An informational neighborhood meeting will be held with the adjacent property owners prior to a Public Hearing to review and discuss the proposed improvements. This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. In order to have the project constructed within the 2000 construction season, plans and specifications need to be prepared and an advertisement for solicitation of competitive bids authorized prior to the public hearing. Any revisions or deletions to the scope of the project discussed at the public hearing could still be addressed by an addendum prior to the bid opening. It is recommended that this project be combined with Projects 780 and 789 as one contract. ATTACHMENTS: L. PROJECT 782, OLD SIBLEY MEMORIAL HIGHWAY STREET RESURFACE Feasibility Report, attached without page numbers. qs Agenda Information Memo May 2, 2000 ACTION TO BE CONSIDERED: Receive the feasibility report for Project 783 (Wilderness Park Street Overlay), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 15, 2000. FACTS: On August 17, 1999, the City Council directed staff to prepare a feasibility report considering street rehabilitation within Wilderness Park (North '/2 Section 27). The neighborhood includes Carlson Lake Lane, Dunrovin Place, East Balsam Trail, Wilderness Park Circle and Wilderness Park Court, all northeast of the intersection of Pilot Knob Road and Wilderness Run Road. The bituminous overlay of the streets within Wilderness Park is programmed for 2000 in the City of Eagan's 5 -Year CIP (2000- 2004). An informational neighborhood meeting will be held with the adjacent property owners prior to a Public Hearing to review and discuss the proposed improvements. This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. In order to have the project constructed within the 2000 construction season, plans and specifications need to be prepared and an advertisement for solicitation of competitive bids authorized prior to the public hearing. Any revisions or deletions to the scope of the project discussed at the public hearing could still be addressed by an addendum prior to the bid opening. It is recommended that this project be combined with Projects 754 and 781 as one contract. ATTACHMENTS: M. PROJECT 783, WILDERNESS PARK STREET OVERLAY Feasibility Report, attached without page numbers. 1'e Agenda Information Memo May 2, 2000 ACTION TO BE CONSIDERED: Receive the bids for Contract 00 -04 (Duckwood Drive Street .Overlay), award the contract to the apparent low bidder, Valley Paving Inc., for the Base Bid in the amount of $83,509.50, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: The bituminous street overlay of Duckwood Drive, from Denmark Avenue to Lexington Avenue, is programmed for 2000 in the City's 5 -Year Capital Improvement Program (2000- 2004). On October 19, 1999, the City Council authorized the overlay of Duckwood Drive (Project 761) and directed the preparation of detailed plans and specs. On March 6, 2000, the Council approved the plans for Contract 00 -04 and authorized the advertisement for solicitation of competitive bids. At 11:00 a.m. on April 27, formal bids were received for this project. A copy of the bid tabulation is enclosed. All bids will be reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic and any deviations will be addressed at the time of Council consideration at the May 2 meeting. ATTACHMENTS: Bid Tabulation, page c/ 3 N. CONTRACT 00 -04, DUCKWOOD DRIVE STREET OVERLAY 97 NAME/ADDRESS PHONE/FAX DATE SENT/ COURIER BID BOND BID AMOUNT City of Eagan Construction Market Data St. Paul Builders Exchange Minneapolis Builders Exchange Dodge Reports American Engineering Testing McNamara Contracting, Inc Rosemount, M N 55 068 -1304 Ros Fax: 612 322 -5944 t/ f, 2) d�'y J Northwest Asphalt, Inc 1451 Stagecoach Rd Shakopee, MN 55379 Ph: Fax: 87, 768 ,-1 Precision Pavement Marketing 14280 James Rd Rogers MN 55374 Ph:612-428-8767 Fax: Bituminous Roadways, Inc 9050 Jefferson Trail W Inver Grove Heights, MN 55077 ph:651 -686 -7001 Fax: In gip' A i Hardrives 14475 Quiram Dr Rogers, MN 55374 Ph:612- 428 -8886 Fax: 612 428 -8868 sy3 d i AAA Striping Service 5392 Quam Ave Rogers, MN 55374 Ph:612-428-4322 Fax: I f Ace Blacktop Inc 7280 Dickman Trail Inver Grove Heights, MN 55076 Ph:651X50- 1237 Fax: .ty• r1. 996.3Ji Valley Paving Inc 8800 13`" Ave E Shakopee, MN 55379 Ph:612 -8615 Fax:612 -445 -0355 t t.''' IF 83 509 Ideal Paving P.O. Box 714 Henderson, MN 56044 Ph: Fax: I 3 38/--s Ph: Fax: A A I /I D 0:\PROJ \805660J.PH.LIS.doc lin PLAN HOLDERS LIST BID OPENING DATE:, April 27, 2000 Cal 11:00 AM PROJECT: Duckwood Drive, Kinglet Court. and Crossroad Court Street Imo. PROJECT NO.: 805660J CITY PROJECT NO.: 761 CITY CONTRACT NO.: 00 -04 n�n�nlco c���� FNGINFF� Crain Ebe a ESTIMATE 107.700 PLAN SPEC AMOUNT 50.00 9. April 26. _000 G G Agenda Information Memo May 2, 2000 Eagan City Council Meeting O. CONTRACT 00-09, GENERAL GOVERNMENT BUILDINGS (RE- ROOFING) ACTION TO BE CONSIDERED: Approve the Plans and Specifications for Contract 00 -09 (General Government Buildings Reroofing) and Authorize the Ad for a Bid Opening to be held on May 26, 2000 at 10:30 am. FACTS: During 1999, the City staff had an investigative evaluation performed of the roof structures for the Municipal Center, Central Maintenance Facility, Well House #1, 2, 3, 4 6 along with the Coachman Road North Treatment Plant. All of these structures are at least 15 years old and all are encountering leaks that have been difficult to permanently repair. It has been recommended that they be re- roofed during this coming construction season. Sufficient money has been budgeted for this work. On April 4, the Council authorized the preparation of detailed plans and specifications. These plans have now been completed and are being presented to the Council for the solicitation of competitive bids. 91 Agenda Information Memo May 2, 2000 P. PROJECT 680, CLIFF ROAD NO PARKING RESOLUTION ACTION TO BE CONSIDERED: Approve a No- Parking resolution for Project 680 (Cliff Road Street and Utility Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: On February 15, 2000, the City Council approved Project 680 and authorized the preparation of detailed final plans and specifications. The project includes the upgrade of Cliff Road (County Road 32) from Ches Mar Drive/Fairway Hills Drive to Lexington Avenue (County Road 43). Both the City of Eagan and Dakota County Highway Department are requesting State Aid funding to assist with the financing of these improvements. State Aid is requiring a no- parking designation for the section of Cliff Road included in the project. City staff has reviewed the resolution and found it to be in order for favorable Council action. /oD Agenda Information Memo May 2, 2000 Q. PROJECT 742, WESCOTT WOODLANDS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 742 (Wescott Woodlands Street and Utility Improvements) and schedule a public hearing to be held on June 5, 2000. FACTS: Project 742 provided for the new construction of sanitary sewer, water main, storm sewer, and street for Wescott Woodlands (formerly Wescott Hills Drive), south of Yankee Doodle Road (North '/2 of Section 14). This project, constructed under Contract 98 -16, has been completed, all costs tabulated, and the final assessment roll prepared. This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. lD Agenda Information Memo May 2, 2000 Eagan City Council Meeting FACTS: R. EXEMPTION FROM LAWFUL GAMBLING LICENSE, VALLEY VIEWERS 4 -H CLUB TO CONDUCT BINGO AT THE FOURTH OF JULY CELEBRATION ACTION TO BE CONSIDERED: To approve a resolution providing for an exemption from the lawful gambling license requirement for the Valley Viewers 4 -H Club to conduct bingo July 3 and 4, 2000 at Sky Hill Park in conjunction with the Fourth of July celebration. The City is in receipt of the above referenced application. It has been reviewed by staff and is in order for consideration by the Council at this time. ATTACHMENTS: Resolution attached on page /1)3 Application enclosed without page number. 10, RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS, the Valley Viewers 4 -H Club has applied for an Exemption from Lawful Gambling License; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, the Valley Viewers 4 -H Club has operated bingo games in conjunction with the Fourth of July celebration since 1988; NOW, THEREFORE, BE IT RESOLVED that the City „Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for the Valley Viewers 4 -H Club to conduct bingo on July 3 and 4, 2000 at Sky Hill Park in conjunction with the Fourth of July celebration. Motion by: Seconded by: Those in Favor: Those Against: Dated: 103 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Attest: Its Mayor Its Clerk I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2 1 1 day of May, 2000. Maria Karels, Deputy Clerk Agenda Information Memo May 2, 2000 City Council Meeting S. CHANGE Order #8, Cascade Bay FOR COUNCIL ACTION: To approve Change Order #8 for Cascade Bay in the amount of $5,186.00. With this change order, the net increase to this contract is $7,286.00. BACKGROUND: Staff and Greystone (construction manager) are working towards a final closeout and completion �f all punch list items associated with the construction of Cascade Bay and final payment. Kellington Construction has submitted a final claim for payment, including the following change contract directives, which are recommended for approval. FACTS: Change in the depth of the toilet partitions in the bathrooms $220.00 Cutting the counter top in the admissions area to fit the change in the office layout 33.00 Install new lock on money counting room for automatic lock 241.00 Add two additional concrete steps to mechanical equipment building to accommodate change in grade around west side of building 823.00 Substitute 1x12 for 2x12 cedar fascia. Two different sizes were shown on portions of the buildings. This change made the building consistent (450.00) Furnish temporary heaters /heat for winter construction. The contractor has claimed additional expenses were incurred for winter construction. The Construction Manager and staff does not agree with the amount of the claim because of the duration of time in which the heat was supplied. The contractor is requesting payment of $4,080, however the recommendation is for one -half that amount. Add depth markers to non -deck areas. State Health Department required That the City install depth markers to areas that were not shown accessible to the public. Markers were added to the landscape islands surrounding the lazy river. 2,040.00 2,279.00 Total $5,186.00 CONCERNS: The contractor has requested additional payment on several other items, which staff has rejected. Staff believes that there is one additional claim that should be recommended for approval, but is waiting for verification of the amount before recommendation for payment is made. /off Agenda Information Memo May 2, 2000 ACTION TO BE CONSIDERED: To approve Cooperative Construction Agreement No. 80223 for Project 749 (E. Highway 55 Frontage Road Street and Access Management Improvements) with the Minnesota Department of Transportation and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: On May 4, 1999, the City Council authorized the reconstruction of the East Trunk Highway 55 frontage road and associated access management improvements (Project 749). The improvements include the reconstruction of the south frontage road east of Trunk Highway 149 and the removal of access points and median openings on Trunk Highway 55. The City's application for MnDOT funding through the Local Initiative Municipal Agreements Program for fiscal year (FY) 2000 has been approved. The funding is available for Contract 99 -14, to be awarded later during this evening's Council meeting. An agreement between the City of Eagan and the Minnesota Department of Transportation has been prepared providing for a portion of the construction cost of the street and access management improvements. As set forth in the agreement, MnDOT's financial share of these improvements is $270,000.00. City staff have reviewed this agreement and found it to be in order for favorable Council action. ATTACHMENTS: Resolution, page Up T. PROJECT 749, E. HIGHWAY 55 FRONTAGE ROAD COOPERATIVE CONSTRUCTION AGREEMENT "5- State of Minnesota County of Dakota IT IS RESOLVED that the City of Eagan enter into Mn/DOT Agreement No. 80223 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the frontage road construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 55 from Trunk Highway No. 149, 500 feet south of Trunk Highway No. 55 to Trunk Highway No. 55, 2600 feet east of Trunk Highway No. 149 within the corporate City limits under State Project No. 1909 -81. IT IS FURTHER RESOLVED that the Mayor and the are (Title) authorized to execute the Agreement and any amendments to the Agreement. Subscribed and sworn to before me this day of 2000 Notary Public My Commission Expires CITY OF EAGAN RESOLUTION CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Eagan at an authorized meeting held on the day of 2000, as shown by the minutes of the meeting in my possession. /b(p (signature) (Type or Print Name) (Title) Agenda Information Memo May 2, 2000 Eagan City Council Meeting PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To approve certification of delinquent utility accounts to Dakota County for collection with property taxes. FACTS: The City currently has approximately 239 utility bill accounts with delinquent payments. The assessable amount of these accounts is $50,143.62. These items are in order for certification to the County. ATTACHMENTS: Delinquent account list on pages 1 d through 11 le 1 a7 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 1030100002 101670101006 33.55 AC 58.55 1030330304 101670106005 248.94 AC 273.94 1030900303 101670110002 178.22 AC 203.22 1031110803 101670116004 119.39 AC 144.39 1040290703 101670125001 273.23 AC 298.23 1040450702 101670109001 258.45 AC 283.45 1040770802 101670331001 236.78 AC 261.78 1041070205 101670308002 172.59 AC 197.59 1050380302 108460001004 128.20 AC 153.20 1051120204 108460005002 207.95 AC 232.95 1060110202 103230011000 159.56 AC 184.56 1060650701 102488021005 262.10 AC 287.10 1061120002 102488011003 208.10 AC 233.10 1070350206 108435116002 91.00 AC 116.00 1070390801 108435120002 141.67 AC 166.67 1080250203 108435018002 290.30 AC 315.30 1090170006 108435418001 69.59 AC 94.59 1090510702 108435417003 150.83 AC 175.83 1090770703 108435422001 82.84 AC 107.84 1091050304 108425020001 326.68 AC 351.68 1091290506 108425015003 283.44 AC 308.44 1100050201 108460105008 93.57 AC 118.57 1100130205 108460108007 179.98 AC 204.98 1110550906 108460230002 204.78 AC 229.78 1110630907 108460224002 67.62 AC 92.62 1111590401 104725129001 115.13 AC 140.13 1120400501 106440005001 159.79 AC 184.79 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 1140500803 108435518003 154.10 AC 179.10 1150010503 108425116001 30.78 AC 55.78 1162270101 107120003002 135.47 AC 160.47 1170450904 104805002101 134.73 AC 159.73 1170590202 104805007002 119.28 AC 144.28 1171340102 104805010101 483.96 AC 508.96 1171430002 104805009201 58.52 AC 83.52 1171840001 107297514001 185.51 AC 210.51 1171980402 107297506002 207.96 AC 232.96 1172100805 107297518002 11.48 AC 36.48 1173010801 107297614003 93.17 AC 118.17 1173260903 107297615006 160.18 AC 185.18 1173300305 107297619006 225.11 AC 250.11 1174360602 107297703101 79.27 AC 104.27 1174370502 107297703201 137.10 AC 162.10 1181630301 101350017006 208.34 AC 233.34 1181690703 101350011006 223.53 AC 248.53 1190705203 101500402002 79.35 AC 104.35 1191040303 101500010003 263.80 AC 288 1200320802 106585019002 2.64 AC 27.64 1200730802 108195016001 313.24 AC 338.24 1200930403 108195005002 243.23 AC 268.23 1201780203 108195005006 58.42 AC 83.42 1202810602 106275005203 81.36 AC 106.36 1210070704 101715030002 93.45 AC 118.45 1210900506 101715204003 108.01 AC 133.01 1210940103 101715302001 210.88 AC 235.88 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 1211080506 101715316001 247.24 AC 272.24 1212280002 108355005005 178.86 AC 203.86 1213290803 105380109101 77.70 AC 102.70 1221370805 105210016005 182.54 AC 207.54 1221570305 105210018002 189.79 AC 214.79 1222250103 105210010005 94.13 AC 119.13 1222530601 105210036004 209.69 AC 234.69 1222800302 105210003006 244.12 AC 269.12 1223460501 102580003001 25.91 AC 50.91 1223920801 102580011102 413.44 AC 438.44 1226260602 102580101004 50.34 AC 75.34 1230250103 103980101007 258.36 AC 283.36 1231510703 103980301003 97.24 AC 122.24 1231643601 103980404001 90.85 AC 115.85 1231760803 103980302009 128.48 AC 153.48 1240140201 104420002002 61.33 AC 86.33 1242070901 105210107001 192.36 AC 217.36 1243010402 104507101002 138.15 AC 163.15 1246200802 104509010002 213.65 AC 238.65 1251740502 107595134001 145.90 AC 170.90 1255029901 107592503001 322.78 AC 347.78 1260120904 101660001201 128.58 AC 153.58 1260470805 101660102003 181.77 AC 206.77 1260830306 101660204001 216.71 AC 241.71 1261050702 101660206102 9.65 AC 34.65 1261380803 101740016300 98.22 AC 123.22 1261940904 101740102001 81.37 AC 106.37 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 1261980503 101740106001 102.57 AC 127.57 1262260103 101740005201 121.92 AC 146.92 1262310401 101740008201 110.28 AC 135.28 1262520802 101740225002 253.67 AC 278.67 1262560405 101740209103 150.75 AC 175.75 1263160202 101740202104 112.39 AC 137.39 1263286504 101740404101 138.32 AC 163.32 1264231001 105220003001 81.94 AC 106.94 1270160301 106398004002 220.84 AC 245.84 1270870703 106398004008 247.05 AC 272.05 1271480401 106398012013 96.03 AC 121.03 1280200504 106398101009 51.08 AC 76.08 1280660004 106398201007 86.47 AC 111.47 1280730104 106398204006 128.38 AC 153.38 1280840807 106398609001 229.75 AC 254.75 1281200404 106398303009 151.79 AC 176.79 1281250902 106398304008 148.65 AC 173.65 1281680705 106398401011 142.76 AC 167.76 1282900801 105675007005 143.61 AC 168.61 1283610203 101375016003 232.36 AC 257.36 1283830605 101375001002 401.23 AC 426.23 1283910603 101375009002 255.91 AC 280.91 1290400903 102275001002 59.31 AC 84.31 1303020002 102560103004 212.36 AC 237.36 1310570501 101230005005 959.22 AC 984.22 1310990501 104727702003 182.04 AC 207.04 1314360702 104509213001 239.21 AC 264.21 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 1315590801 103215138002 177.74 AC 202.74 1316630101 108375101004 275.46 AC 300.46 1319200001 105769003005 193.85 AC 218.85 1319460001 101672502002 78.91 AC 103.91 1320040701 101778506001 117.52 AC 142.52 1322840801 103350002001 5000.05 AC 5025.05 1322841601 15.38 AC 40.38 1551390601 100360001082 17.89 AC 42.89 2310180102 101670001002 84.27 AC 109.27 2310590102 101670004003 56.38 AC 81.38 2310680002 101670012003 1.09 AC 26.09 2311200602 101670008006 166.21 AC 191.21 2320620404 101670018009 201.44 AC 226.44 2320810102 101670215004 44.88 AC 69.88 2321260801 101670210004 213.84 AC 238.84 2321350702 101670220006 118.02 AC 143.02 2321370504 101670201006 36.42 AC 61.42 2330060102 101665006001 186.75 AC 211.75 2330080901 101665004001 61.79 AC 86.79 2330090802 101665003001 83.96 AC 108.96 2330100502 101665002001 308.81 AC 333.81 2330410805 101670224008 57.86 AC 82.86 2330580803 101670243008 234.89 AC 259.89 2342000303 101430110001 96.44 AC 121.44 2342060704 101430103001 194.00 AC 219.00 2350740301 101670405005 132.68 AC 157.68 2350950801 101670410011 64.12 AC 89.12 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 2350980502 101670413011 180.49 AC 205.49 2351190004 101670422006 227.89 AC 252.89 2351250201 101670406006 32.94 AC 57.94 2360140402 101670402007 268.72 AC 293.72 2360150302 101670401007 143.05 AC 168.05 2371060102 101671107001 183.32 AC 208.32 2380030302 101670603005 214.38 AC 239.38 2380360401 101670412010 211.21 AC 236.21 2381060902 101670632002 36.35 AC 61.35 2390050903 101190004001 80.06 AC 105.06 2390620901 101670608010 197.64 AC 222.64 2390860101 101670619009 191.65 AC 216.65 2390960904 101670605008 215.46 AC 240.46 2390980703 101670607008 2.05 AC 27.05 2391210801 101670509009 307.29 AC 332.29 2391350201 101670609007 79.25 AC 104.25 2391660407 103295103002 182.97 AC 207.97 2391700804 103295103003 43.67 AC 68.67 2391940003 103295104009 142.01 AC 167.01 2391960802 103295204006 245.20 AC 270.20 2392110902 103295204010 132.41 AC 157.41 2400480606 107710001011 105.91 AC 130.91 2401070406 107710004003 .81 AC 25.81 2401100906 107710001003 201.47 AC 226.47 2401250206 107710002008 152.86 AC 177.86 2401330203 107710002009 .93 AC 25.93 2410760901 101670708008 293.27 AC 318.27 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 2410960503 101670727006 222.53 AC 247.53 2411470404 101670712004 1.51 AC 26.51 2411850701 101438705002 91.84 AC 116.84 2420020604 107300202005 206.66 AC 231.66 2420160007 107300203009 102.07 AC 127.07 2420380405 107300007020 155.23 AC 180.23 2420540302 107300002014 79.91 AC 104.91 2420720103 107300005007 110.38 AC 135.38 2420740904 107300004006 97.40 AC 122.40 2421080901 107300104014 137.57 AC 162.57 2421650905 107300402002 100.39 AC 125.39 2421660801 107300404005 101.62 AC 126.62 2424160601 101435005003 410.26 AC 435.26 2430290301 107650103001 34.02 AC 59.02 2430850401 107650202011 194.40 AC 219.40 2431020301 107650203008 95.54 AC 120.54 2431420504 107650303001 318.21 AC 343.21 2431730703 107650303008 136.64 AC 161.64 2433070601 108446105003 175.88 AC 200.88 2433110005 108446107002 131.80 AC 156.80 2433380902 108446012001 334.80 AC 359.80 2451180003 108365005105 1.10 AC 26.10 2460660003 102190052001 241.63 AC 266.63 2471268901 101380005001 210.80 AC 235.80 2480720804 106590106001 141.70 AC 166.70 2501260002 101499301002 253.01 AC 278.01 2550340001 104445004001 50.15 AC 75.15 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 2564330502 105836129001 56.46 AC 81.46 2566550601 106712502013 100.12 AC 125.12 3550140201 100100006030 17.47 AC 42.47 3550490101 100380008002 18.17 AC 43.17 3610710004 104130005001 189.82 AC 214.82 3610760508 104130010001 123.05 AC 148.05 3610810802 104490008101 138.57 AC 163.57 3611272002 101815001005 81.39 AC 106.39 3614790804 101815202004 187.67 AC 212.67 3621740403 105530019003 200.91 AC 225.91 3630120801 103288002100 60.49 AC 85.49 3630700702 101830009105 213.51 AC 238.51 3631270001 101830011008 109.42 AC 134.42 3640210504 102096007003 144.87 AC 169.87 3640480411 102096021001 75.00 AC 100.00 3640610604 102096018004 2.84 AC 27.84 3643050201 104465157001 151.86 AC 176.86 3650240902 100030001077 10.09 AC 35.09 3650260703 104775211002 135.59 AC 160.59 3650470203 104775006001 303.57 AC 328.57 3650570902 104775011002 153.39 AC 178.39 3650900805 104775004003 172.18 AC 197.18 3651260601 104775210002 62.95 AC 87.95 3660420502 101560009000 217.52 AC 242.52 3660710904 100380002008 79.16 AC 104.16 3660750502 103200002000 176.28 AC 201.28 3660790101 103200003000 210.00 AC 235.00 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB 3671290901 101550140002 3672550501 101550114003 3680340101 103299003002 3690780602 108447601002 3710230804 107250019004 3710660601 107250028001 3711640702 107250011005 3711670401 107250008005 3711690203 107250006005 3720030003 103090003002 3750500502 101827538003 3770800502 104507526001 3770840101 104507522001 3780040603 104508010004 3781360701 104508105001 1070110006 108435102001 1263400204 105355006001 1290520403 102275011001 2391840202 103295102007 2420410907 107300005020 3700490003 108361209501 3700720003 108361112101 3770350103 104507503001 PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 215.14 AC 195.50 AC 261.05 AC 97.17 AC 146.72 AC 157.28 AC 236.12 AC 105.45 AC 268.76 AC 139.54 AC 197.54 AC 196.51 AC 282.14 AC 64.52 AC 212.62 AC 40985.57* 2209.18 CB 57.43 CB 124.53 CB 95.56 CB 20.52 CB 283.13 CB 385.61 CB 7.09 CB 3183.05* 44168.62* 240.14 220.50 286.05 122.17 171.72 182.28 261.12 130.45 293.76 164.54 222.54 221.51 307.14 89.52 237.62 2234.18 82.43 149.53 120.56 45.52 308.13 410.61 32.09 50143.62* Agenda Information Memo May 2, 2000 Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: The City Code allows for collection through certification of false alarm bills, which are not paid. At the April 4 City Council meeting, a public hearing was scheduled for the May 2, 2000 City Council meeting. The delinquent false alarm bills are $75 per false alarm with a 10% penalty and a $25 certification fee. The City currently has seven delinquent false alarm bills. The assessable amount of these bills is $832.50. These items are in order for certification to the County. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: Proposed assessment roll, page 11 11 on 5/2/00 PROPERTY ID 10- 22532 010-01 10- 18530- 010 -01 10- 22100- 010 -01 10- 01900 012 -11 10- 83953- 030 -01 10- 30601- 020 -01 10- 17780- 020 -01 OUTSTANDING DOLLAR AMOUN 82.50 40.00 412.50 25.00 25.00 82.50 165.00 $832.50 4/28/00 I 8 Agenda Information Memo May 2, 2000 C. MURPHY FARM 2 ADDITION RIGHT -OF -WAY VACATION ACTION TO BE CONSIDERED: To close the public hearing for the vacation of a portion of public right -of -way within Murphy Farm r Addition. FACTS: On March 16, 2000, City staff received a petition from Ray Miller, Millerville, Inc., owner of Murphy Farm 2 Addition, requesting the vacation of a portion of existing public right -of- way at the northeast corner of Deerwood Drive and Murphy Parkway. On April 4 the City Council received the petition for this vacation, and set a public hearing for May 2 to consider vacating said right -of -way. The right -of -way was acquired as part of a turnback of state right -of -way for Interstate 35 -E at the request of Mr. Miller in order to develop Murphy Farm 2 Addition and was dedicated public right -of -way as part of the Murphy Farm r Addition plat. The purpose of the request is to allow Millerville, Inc. to construct a monument sign for the Murphy Farm Additions. The desired location of the proposed monument is within the existing right -of -way. Upon said requested vacation, the remaining right -of -way for Deerwood Drive and Murphy Parkway would be equal to or greater than the existing adjacent right -of -way area. The request would only vacate the portion of the right -of -way needed to construct the monument sign. All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. ISSUES: Staff is concerned with the actual location of the proposed monument and the effect on boulevard sight clearance at the intersection. To date, the developer has not responded to staff's request for more information on the monument location. A concern has also been raised by one of the utility companies. The public hearing can be closed with formal action on the public right -of -way vacation being delayed to a future Council meeting. ATTACHMENTS: Location map, page lab Proposed Easement Vacation/Legal Description, page L,-` and icla. 1►y GABBRO TR. R. Q a Z 2 E LUfsroNE OR] rn N. I 5 z U V �a E 9. KATHRYN CIR RUB Y CT SAPPHIRE �t OIFFLEy PT. J ROAD L o 53)-_, a IVERTON/ AVE *110 9 ODE TON 1 USADE WAY ca. A Off' d OUN IR. S RPENTINE DR. LOCATION GO N c., AV C C. V d• DAVENP�RTO PT. 2 .0‘ a V. I -1 j WK. ONTI CINNABAR p Qp� o I AVE. CT. 0 I SARTELL AVE DEERW00D TACONITE T CARNELIAN ,.�L. PARK om+ OWL,gRK BLACKHAWK PARK PARKWAY 0 LACK HAWK SILVER BELL RD. OUTHPOINTE TERR. City of Eagan 0 m CO. RD. 30) OR. DR. DIFFLEY ROAD W j Q Q RD 'WK RIDGE Y BLK WAY 3 BLKHWK fA' MURPHY FARMS 2nd EASEMENT VACATION LOCATION MAP RID 1SUMAC PT. 2.YEW PT. 3JUNIPER PT. 48OULDER RIDGE S.F1R PT. 1.J z 41 KINGS OCK `CT. DRIVE DEERW000 PATH CASH ELL CO 0 z 3 -29 -00 City of Eagan, Minnesota Description of Vacated Public Right -of -Way (part of Murphy Parkway adjoining Lot 1, Blk. 1, MURPHY FARM 2ND ADDITION) That part of Murphy Parkway, a public right -of -way originally defined on the MINNESOTA DEPARTMENT TRANSPORTATION RIGHT OF WAY PLAT NO. 19-49, according to the recorded plat thereof, Dakota County, Minnesota, and adjoining westerly of Lot 1, Block 1, MURPHY FARM 2ND ADDITION, according to the recorded plat thereof and described as follows: Beginning at the northwest corner of said Lot 1; thence South 34 degrees 45 minutes 51 seconds East on an assumed bearing along the southwesterly line of said Lot 1, a distance of 107.58 feet; thence North 72 degrees 49 minutes 10 seconds West, a distance of 94.36 feet; thence Northeasterly along a non tangent curve, concave to the southeast, having a radius of 246.48 feet, a central angle of 15 degrees 37 minutes 35 seconds, a chord of 67.01 feet ,a chord bearing of North 25 degrees 27 minutes 26 seconds East, a distance of 67.22 feet to the point of beginning. 3- 13 CO GP N r-- b A' NO 1 j/ W e a as 0 0 J 1- N 0 Ida i r e Agenda Information Memo May 2, 2000 ACTION TO BE CONSIDERED: To close the public hearing for the vacation of a portion of public .right -of -way on Marice Drive from Sherman Court to High Site Drive and a segment of High Site Drive from Marice Drive to I -35E FACTS: On March 21, 2000, the City Council approved the preliminary Planned Unit Development and the Preliminary Subdivision for the Glen Pond Estates 2 Addition. A condition of this preliminary approval was the requirement to have the public right -of -way formally vacated for segments of Marice Drive (from Sherman Court to High Site'Drive) and for High Site Drive (from Marice Drive to I -35E), in the SW 1/4 of Section 10. On April 4 the City Council received the petition for this vacation, and set a public hearing for May 2 to consider vacating said public right -of -way. The right -of -way was originally dedicated to the City as part of the Effress Addition. The vacation and transfer of this right -of -way would partially compensate the developer for the dedication of the public right -of -way for the Northwood Parkway Ring Road through the middle of the existing apartment complex. A portion of the MnDOT property east of Marice Drive would also be transferred for the development of the Glen Pond Estates 2 Addition. All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. ISSUES: D. MARICE DRIVE HIGH SITE DRIVE RIGHT -OF -WAY VACATION Because Marice Drive is an existing traveled public street, the actual vacation should not be approved until the Final PD and Subdivision for the Glen Pond Estates 2 "d Addition are approved. To date, the completion of the transfer of the MnDOT property needed for the development has not been finalized with the City. The public hearing can be closed with formal action on the public right -of -way vacation being delayed to a future Council meeting concurrent with the Final PD and Subdivision actions. ATTACHMENTS: Location map, page 1 aLl Proposed Easement Vacation/Legal Description, page 1 25 RED CEDAR RD. QUARRY PARK AVE. SKYLINE RD CENTRAL FACILITIES PROPERTY (Undeveloped) YANKEE DOODLE ROAD TOWERVIEW RD. OCATION TREATMENT FAC LITY :ITY .WNT. FACILITY OAKS RD. f L o INIERSTA 494 PUBLIC WORKS DEPARTMENT O LOST SPUR CLUB LANE c City of Eagan BUFFET WAY MENDOTA 1 HEIGHTS 1250 1 I,DUCKWOODI FE. 1 f KI N4CET EASEMENT VACATION LOCATION MAP HIGH SITE DRIVE MARICE DRIVE RIGHT -OF -WAY 14 i Lj 1 WNW R PT. 4.- FOREST RIDGE 2. 6ElC$ PT. S.— EIOIIWOOD cA.O"LEARY PARK a NORWAY PT. S.— REDWOOD PT. 7— ►r. BEATRICE ST. 1ICKEE ST. KEEFE ST. CO. RD. 26 fL Rri March 29, 2000 LY EXTENSION Or THE WEST LINE Or LOT 4. BLOCK 3 g HIGH Sl TC ---DR/ VC --"71 2 40 40 L- 2000 -060 G: VACATIONS /HIGHSTVACATION.dwg 1 n I,' L. v I. l U/ U U I /U/ U I /1T L.V 1 f/1 1 I\ T L.V I WEST LINE Or LOT r. c: And r. r S'LY EXTENSION OF LINE PARALLEL WITH ANO 3 00 FEET EASTERLY Or THE EAST LINE OF BLOCK 1 LLJ EAST LINE OF BLOCK I Q 1 V 30 r,j 4 v I r 0.1 /NT I..V 1 30 1 /\T L.V 1 STREET VACATION DESCRIPTION L LINE PARALLEL WITH ANO 60 00 FEET EASTERLY Or THE EAST LINE OF BLOCK I NORTH LINE Or LOT I, BLOCK WILY EXTENSION OF THE NORTH LINE Or LOT 1. BLOCK 3 1 /\T �.V I Thot port of Morice Drive as dedicated on EFFRESS ADDITION, according to the recorded plot thereof. Dokoto County. Minnesota described as lying between the northerly extension of the west line of Lot 4. Block 3, soid EFFRESS ADDITION. and southerly of the westerly extension of the north line of Lot I, Block 3. soid EFFRESS ADDITION. Together with thot port of High -Site Drive os dedicated on soid EFFRESS ADDITION, lying northerly of said westerly extension of the north line of Lot 1, Block 3 and eosterly of o tine porollel with and 60.00 feet eosterly of the eost line of Block I, soid EFFRESS ADDITION, and its southerly extension. City of Eagan HIGH SITE DRIVE MARICE DRIVE VACATION OF RIGHT -OF WAY gas 4 -10 -00 Agenda Information Memo May 2, 2000 Eagan City Council Meeting VIII. OLD BUSINESS A. PD AMENDMENT THOMPSON REALTY GROUP ACTION TO BE CONSIDERED: To approve or deny a Planned Development Amendment to allow the construction of a 13,416 square foot commercial daycare facility upon 2.9 acres of land located north of Diffley Road between Lexington Avenue and Lexington Way on property currently platted as Lot 4, Block 1, Soderholm Addition (in the southwest 1/4 of Section 23) subject to the conditions in the APC meeting minutes. FACTS: The proposed daycare facility use constitutes a change from the previously approved Planned Development that called for the construction of a three -story, 24,000 square foot medical clinic upon the property. Approval of the requested amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. At their regular meeting on March 28, 2000, the Advisory Planning Commission held a public hearing the Planned Development Amendment and recommended approval subject to the conditions listed in the APC minutes. At their regular meeting on April 4, 2000, the City Council tabled the applicant's request pending the expanded mailed notice of all properties on Lexington Way. ATTACHMENTS (2): Minutes of the March 28, 2000 APC meeting, pages' Staff report, pages through/ a cs 612 4323760 SENT BY: 3 -30- 0 10 :01 Nye: 6 March 28, 2000 ADVISORY PLANNING COMMISSION PLANNED DEVELOPMENT AMENDMENT THOMPSON REALTY GROUP, INC. SEVERSON SHET DON 651 681 4694;# 7/13 Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment to amend the use of Lot 4, Block 1, Soderholm Addition from a medical facility to a child care facility, located at 1085 Diflley Road in the SW'/ of Section 23. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated March 23, 2000. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant's representative and its engineer addressed the APC. The applicant's engineer indicated that the proposed wooden fence will be replaced with a green or black chain link fence. In response to an inquiry by Member Nosbush, the applicant responded to questions concerning the use of seeding versus scud and the lack of screening in the north area of the property. Bob Olson, a representative of the Evangelical Church, the neighboring property owner, questioned how the proposed development may impact future development plans for the Church that had been generally discussed with the City nearly ten years ago. Senior Planner Ridley responded indicating that any potential expansion of the Church must satisfy existing City standards Chair Hey] dosed the public hearing. Member Segal moved, Member Huusko seconded a proposed amendment to the motion by Member Nosbush and seconded by Tilley to require additional landscaping on the north portion of the property and sodding of all areas versus seeding failed; an additional proposed amendment made by Member Tilley, seconded by Member Nosbush to require landscaping on the north portion similarly failed), a motion to recommend approval of a. Planned Development Amendment to amend the use of Lot 4, Block 1, Soderholm Addition from a medical facility to a child care facility, located at 1085 Diffley Road in the SW' of Section 23, subject to the following amended conditions: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Landscape Plan Final Building Elevations and Signage Plan Lighting Plan 612 432 3780 SENT BY: 3 30 0 10:01 SEVERSON SHELDON 651 681 469.1: 8/13 Page 7 March 28. 2000 Al )V ISORY PLANNING COMMISSION 3. Fences should be green or black and of a chain Link material. L 4. A detached trash enclosure shall be allowed in the northeast corner of the site. The enclosure shall satisfy requirements of the City Code in regard to height and materials. 5. All building, parking /drive aisles, and landscaped areas shall be properly maintained. 6. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights -of -way. 7. All rooftop mechanical equipment shall be screened from view of all public rights of -way and the private street bordering the property on the south. permit. 8. This proposal shall be responsible for a cash trail dedication at the time of building 9. The proposed parking lot to the east of the proposed building shall be graded to drain to a catch basin to the southeast. From there, the stormwater shall enter and be treated in the upper cell and then the lower cell of the two-celled system. The parking lot shall not be graded or connected to drain directly into the lower cell. 10. A private access easement shall be prepared by the applicant and reviewed and approved by the City Attorney. Such easement shall be recorded prior to building permit issuance. All voted in favor. ��O APPLICANT: CDC -MN, LLC. PROPERTY OWNER: Del H. Einess REQUEST: PD Amendment/Final PD ZONING: PD, Planned Development SUMMARY OF REOUEST AUTHORITY FOR REVIEW PLANNING REPORT CITY OF EAGAN REPORT DATE: March 23, 2000 CASE: 23- PA- 02 -02 -00 23- FD- 03 -02 -00 HEARING DATE: March 28, 2000 PREPARED BY: Bob Kirmis LOCATION: North of Diffley Road between Lexington Avenue and Lexington Way (Lot 4, Block 1, Soderholm Addition) COMPREHENSIVE PLAN: NB, Neighborhood Business CDC -MN, LLC is requesting approval of a Planned Development Amendment to allow the construction of a 13,416 square foot commercial daycare facility upon 2.9 acres of land located north of Diffley Road between Lexington Avenue and Lexington Way on property currently platted as Lot 4, Block 1, Soderholm Addition in the southwest' of Section 23. The proposed daycare facility use constitutes a change from the previously approved Planned Development that called for the construction of a three story, 24,000 square foot medical clinic upon the property. Approval of the requested amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. City Code Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two- thirds of all members of the council. /a9 Planning Report Children's Discovery Center March 28, 2000 Page 2 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. BACKGROUND/HISTORY The subject site is currently part of the Soderholm Planned Development (PD) that was approved in November of 1995. The Soderholm PD approval included a several uses as specified below (see attached exhibit for graphic reference): Lot 1 2 3 Use Holiday Station Store McDonalds Restaurant Retail Shops Bldg. Area 4,000 s.f. 3,200 s.f. 10;800 s.f. f All other lots within the subdivision have been developed in accordance with the approved planned development. EXISTING CONDITIONS The subject site is presently a vacant, platted lot. Theproperty was previously rough graded as part of previous area development. A wetland exists in the extreme eastern portion of the site. Access to the site is provided from the south via an existing private access road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North Eagan Evangelical Covenant Church; zoned P, Public Facilities and designated PF, Public Facilities. South Commercial; zoned PD, Planned Development and designated NB, Neighborhood Business. East Multi family residential and Martha Mary Episcopal Church; zoned PD, Planned Development and P, Public and designated D -III, Mixed Residential (6 -12 units/acre) and PF, Public Facilities. West Single Family Residential; zoned A, Agriculture and R -1, Single Family Residential and designated D -I, Single Family Residential (0 -3 units/acre). l3O Planning Report Children's Discovery Center March 28, 2000 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area While the subject property is presently bordered by a variety of uses including single family residential, quasi public and commercial, the proposed daycare facility use is considered a positive land use transition. As a result of the City's previous approval of the Planned Development, it was determined that commercial use of the property was compatible with anticipated land uses in the area. The acceptability of the proposed daycare facility use (as opposed to the previously approved medical clinic) is considered a policy matter to be determined by City Officials. Lots The subject property consists of a single platted parcel (Lot 4, Block 1, Soderholm Addition which measures 2.9 acres in size. Site Plan The submitted site plan calls for the construction of a 13,416 square foot daycare facility on the site. The facility is proposed to be centrally located on the property with off -street parking provided on the east side of the structure and a playground on the west side. The site is to be accessed via a private access easement from the south. Generally speaking, the site plan layout is well conceived. One concern that did exist however, as part of initial staff review related to the lack of a designated drop off lane. According to the applicants, the Children's Discovery Center does not allow drop off zones at their facilities due to security and traffic risks for children. Parents are specifically required to park their vehicles and escort their children into the building where they are signed in and out. The applicant's have also indicated that only van -type buses (which will utilize off -street spaces within the facilities parking lot) are to be used at the facility. Thus, no need exists to accommodate the parking of "oversized vehicles Setbacks Although the Zoning Code does not have specific setback requirements for a Planned Development, the proposed daycare facility meets or exceeds standard setback requirements which would be applied to similar uses in other zoning districts where such a use is allowed (i.e. the NB, Neighborhood Business zone). Landscaping Generally speaking, the landscape plan appears adequate. As shown on the plan, the off-street parking area is to be screened via a combination of Maple, Ash and Greenspire Linden trees. New vegetation (Ash trees) has also been proposed within the outdoor play area. In review of the landscape plan, some concern does however exist in regard to the visual appearance of the western one half of the property (to be encompassed by a six foot high wooden fence). To "soften" site aesthetics, consideration should be given to slightly increasing the setback of the fence to allow for the planting of some vegetation along the southern and western sides of the site. rah Planning Report Children's Discovery Center March 28, 2000 Page 4 Architectural Character/Building Materials As shown on the submitted building elevations, the proposed daycare facility exudes a residential character via its hip roof form, window type and exterior finish materials. Specifically, the facility is to be finished in a combination of brick and EFIS "egg shell" color) with brick and granite pilasters featured at the comers of the structure. A shingled roof has been proposed. The City Code does not establish specific building material requirements for structures within PD zoning districts. In this particular instance, however, the city's commercial district standards are considered applicable and have been satisfactorily met. Building Height The Zoning Code does not establish a maximum height requirement for Planned Developments. The proposed daycare facility is to measure 22 feet in height and is significantly less than the three story medical clinic previously approved for the property. Mechanical Equipment No rooftop equipment is shown on the submitted plans. Any rooftop equipment should be screened from view of all public rights -of -way and the private street bordering the property on the south. Trash Enclosure According to the City Code, trash enclosures within commercial zoning districts must be attached to the principal structure. As shown on the site plan, a detached trash enclosure has been proposed in the extreme northeast corner of the off street parking area. According to the applicants, the Children's Discovery Center prefers to have its trash enclosures detached from the building. It is felt that trash enclosures and similar appurtenances tend to prevent teachers from keeping children within their eyesight at all times. Of further concern are the disruption of trash trucks which, according to the applicants, are disruptive, can frighten children and present an unnecessary risk to people entering and leaving the building. The acceptability of the proposed detached trash enclosure is considered a policy matter to be determined by City Officials. Hours of Operation According to the applicant, the center is to be operated on weekdays from 6 a.m. to 6:30 p.m. Off -Street Parking The City Code does not have an off -street parking requirement for commercial daycare facilities. As shown on the submitted site plan, a total of 46 off -street parking stall has been proposed. Based on historical parking demand, the applicants utilize a ratio of one parking space for every ten children plus one per employee has been applied to the proposed use. In accordance with State requirements, ample handicap parking has been provided. Off -street parking stalls measure 20 feet in depth and nine feet in width which is consistent with City Policy requirements. Site Lighting In accordance with City Code requirements, a site lighting plan has been submitted for review. The plan shows a series of 16 foot high fixtures located around the �3a Planning Report Children's Discovery Center March 28, 2000 Page 5 perimeter of the parking lot. All exterior lighting should be hooded and directed to deflect light away from adjacent properties and rights -of -way. Fencing A six foot high wood fence has been proposed around the north, south and west sides of the daycare facility. As previously noted, some concern exists in regard to the visual appearance of the fence from surrounding. properties. Sianage A monument sign constructed of brick has been proposed in the southeast area of the site near the parking lot entrance. The sign measures four feet in height and 97 square feet in area and meets the requirements of the Sign Code. In addition to the monument sign, a wall sign has been proposed on the east side of the building. The sign measures 22 square feet in area and falls well within the maximum area requirements of the Sign Code. Grading The site was graded previously under the Soderholm Addition development. Minimal grading will be required to prepare the site for proposed building and parking lot construction. Storm Drainage Existing storm sewer was constructed to serve this proposal with the Soderholm Addition development. Utilities Existing sanitary sewer and water main are readily available for connection by this development. Streets /Access /Circulation Access to the development will be via private street constructed with the Soderholm Addition plat. This private street intersects with Lexington Way to the west and Lexington Avenue (County Road 43) to the east. As a condition of planned development approval, a private access easement should be prepared by the applicant and reviewed and approved by the City Attorney. Such easement should be recorded prior to building permit issuance,, Airport Noise Considerations The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. Water Ouality This development will generate stormwater that transits through a series of sediment basins and eventually drains into McCarthy Lake, one of the City's priority Class II (indirect contact) waterbodies. To achieve best water quality treatment of this stormwater, the proposed parking lot to the east of the proposed building needs to be graded to drain to a catch basin to the southeast. From there, the stormwater will enter and be treated in the upper cell and then the lower cell of the two celled system. The parking lot should not be graded or connected to drain directly into the lower cell. /33 Planning Report Children's Discovery Center March 28, 2000 Page 6 Parks and Trails Park dedication for the Soderholm Addition has been previously fulfilled. The proposed development will however, be subject to a cash trail dedication requirement at the time of building permit. SUMMARY /CONCLUSION The applicant is requesting a Planned Development Amendment to allow the construction of a 13,416 square foot commercial daycare facility upon 2.9 acres of land located north of Diffley Road between Lexington Avenue and Lexington Way on property currently platted as Lot 4, Block 1, Soderholm Addition. The proposed use is considered less intense than the previously approved medical clinic and its design appears compatible with existing and anticipated surrounding uses. The acceptability of the proposed use, detached trash enclosure and building height are however, considered policy matters to be determined by City Officials. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow the construction of a 13,416 square foot commercial daycare facility upon 2.9 acres of land located north of Diffley Road between Lexington Avenue and Lexington Way on property currently platted as Lot 4, Block 1, Soderholm Addition in the southwest t/. of Section 23. If approved, the following conditions should apply: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Lighting Plan 3. Fence setbacks are increased to provide area for plantings on the south and west sides of the site. 4. A detached trash enclosure shall be allowed in the northeast corner of the site. The enclosure shall satisfy requirements of the City Code in regard to height and materials. 5. Consideration shall be given to slightly increasing the setback of the fence to allow for the planting of some vegetation along the southern and westem sides of the site. Planning Report Children's Discovery Center March 28, 2000 Page 7 6. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 7. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights -of -way. 8. All rooftop mechanical equipment shall be screened from view of all public rights -of -way and the private street bordering the property on the south. 9. This proposal shall be responsible for a cash trail dedication at the time of building permit. 10. The proposed parking lot to the east of the proposed building shall be graded to drain to a catch basin to the southeast. From there, the stormwater shall enter and be treated in the upper cell and then the lower cell of the two- celled system. The parking lot shall not be graded or connected to drain directly into the lower cell. 11. A private access easement shall be prepared by the applicant and reviewed and approved by the City Attorney. Such easement shall be recorded prior to building permit issuance, Jas e...... 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Peed t rol I Jimmy MIS MAP If INTINDID FOR RBFBRBNCB YOB ONLY TM City of Bosom and Dakota County do met feara.too tk• aee.rasy of Ms Iaf.rnatl.m sad an mot rosp.mslble tor ewers or omissions. Eagan Boundary beet Carbdkle ..reel Area f lrrdlre Poe4Print 2000 Feat Current Zoning and Comprehensive Guide Plan Children's Discovery Center Case No. 23- PA- 02 -02 -00 Land Use Map Current Zoning: Zoning Map PD Planned Development t it um 0111 A „I Location w Lai StA, im.. Ailomm Oro PF A R -1 4111/1111111 10111111 PD P P P PF Comprehensive Guide Plan Land Use Map Current Land Use Designation: NB Neighborhood Business 1••• Noe City of Eagan C ornr Wty Development Department ER fIl Ul 1 Illi rkal a ti AIIM Location i �t 11 ii IN MIN, Idilik .....1 (art D-1 IR 0111111111 1. rmm .►•mn CPD PF Parse U.•. map Y4,..Ma p.•IMd by ..bate gamy L..d ....r e•.....•.• 1 1•118 3/ blu..e.. y Lw .e•.• updated y mg cue A THIS MAP IS INTENDED FOR REFERENCE use ONLY The CRy of Eagan and Dakota County de net guarantee the accuracy of this Information. :i 1 y •y� I I I 1 ♦1 .I.: I '1/4 '1/4 C) '1/4 a f's•I 2 p 111 I ♦•2 1 Y t irP) II 1 1-1 t Its 1 1 '1/4 C i '3.Z.`♦ h+ 1'"'1• ,r..—----•• a•—- -a b'_7. t __j s l38 SITE SURVEY rs" I i i i i 0 I. .i.. i I "e l% i l i I I i 1 1 i•-- 3 1 i I 1 on '41•01[T 1! l• I I s BO If. IP I 17. 1- 6 1 al 1 I 1. =67 1. 0= I N —6 •I' -!!-F r-. -r— -rr- i; t• i% P— `j L.÷. .._..L.....' I tr. i i 6. i i Zi .1 I 1 e t 4 i I 1; if.,- 1; I i j 4 e'''' I 4/ )3 PREVIOUSLY APPROVED SITE PLAN 1 1 WI s 8ataac2ag aBpaIMoa)I ingira Matt V 1 1 a i 1 i 4 1 1 'r kl ill 1.1 AMINO 3 ,I••�1r.11 s2uiuui2ag a8painnoux 1 i I 1 1 1 a et i 1 i 4 1 gli g I 01 • i- r GRADING & DRAINAGE PLAN 1111 di "POOPS •WIIIII•PIPIPS vissis stuntrisurs !llhif raTO mutzag aSpaintoux ' + 21:1a linagra marc V '4 9 1 a a III ova 731 EP 1 r 1 --- — AVM NO.LJNIXa -- ------------- -------------,1ww, - --- __— 14a LANDSCAPE PLAN 1 i JI 14 11 ea N MigiNG i 1 dutuaiZag a8mntoux s llog vavoo3 �v la '1 1 1 1101 III 1111 1 IS 1 r£i{i i 11-8 1: f 5411! 1I! 1 t :I j 1 1 1l j iJI i1 p III t j i 1 f Tai11Jfilthiil Ili f 111:4 !II 0 143 s, AOW 1►� 1 1 C 1 i 1 Itt) t I 2 41-q- BUILDING ELEVATIONS aim PA rte, 1 1 dugruplog apolMOU) 11 :Pm "Iowa marl v 1 4 MI .1. •7.1. i rr�.�lTrr )41p 74/ :1: 3 1 1 i 1 LIGHTING PLAN HELVETICA MEDIUM 10' HIGH BLACK LETTERS. BRICK #I Knowledge B eginnings SCALE: 3/16` I'-O" 4" I' 4" i DETAIL SCALE: 3/4" 1 1 l7 I I' -8" 4 4 BRICK #1 BRICK #2 FRONT ELEVATION SLIGHT SLOPE ON BRICK ROWLOCK COURSE OFFSET' BRIGK SOLDIER COURSE BR IGK #2 8" GNU W/ CONCRETE FILL 10" HIGH (CAPITOL) BLACK LETTERS BY OTHERS BRICK #2 OFFSET BRICK SOLDIER COURSE FINISH GRADE HORZ. JOINT REINFORCING 2-05 0 24" oz. SIGN DETAIL Agenda Information Memo May 2, 2000 B. CONTRACT 99 -14, E. HIGHWAY 55 FRONTAGE ROAD LOUIS LANE STREET UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 99 -14 (E. Highway 55 Frontage Road and Louis Lane Street and Utility Improvements), award the contract to the apparent low bidder, Brown Cris Inc., for the Base Bid in the amount of $797,339.03, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: On May 4, 1999, the City Council authorized the reconstruction of the East Trunk Highway 55 frontage road and associated access management improvements (Project 749) and directed the preparation of detailed plans and specs. On April 4, 2000, the City Council authorized the construction of new street improvements for Louis Lane between T.H. 55 and Chapel Lane and sanitary sewer lift station improvements (Project 784) and directed the preparation of detailed plans and specs in association with Project 749. On April 4, after the close of the public hearing for Project 784, the Council approved the plans for Contract 99 -14 and authorized the advertisement for solicitation of competitive bids. At 10:30 a.m. on April 27, formal bids were received for this project. A copy of the bid tabulation is enclosed. Project 784 (Louis Lane) requires the acquisition of easements from several property owners. Due to ongoing negotiations, the status of these easements will be presented during consideration of this action item. All bids will be reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic and any deviations will be addressed at the meeting on May 2. ATTACHMENTS: Bid Tabulation, page p i q 148 Contractors Name Bid Bond Addendum (2) Total Base Bid Alternate No. 1 G M Contracting Heselton Construction LLC McNamara Contracting Inc Meyer Contracting Northdale Construction Co Inc X 7S`, 814, 93 Brown Cris Inc X 797 339.03 Burschville Construction Inc Earth Burners Inc G LContracting Inc X 97l, OZ gG Bonestroo 0 Rosene Anderlik Associates Engineers 6 Architects 1.111 W /Ivy IA Sam P IMM 11113 •1 4wMu M4tluals Bidders List Bid Date and Time: Apr 27, 2000 10:30 AM, CDST Project Name: Louis Lane (Chapel Lane Extension to T.H. BRA File No.: 49 -99 -104 Client: City of Eagan Client Project No.: 784/749 For further information call: Mark A Hanson (651) 6044838 Q��)%1 Engineer's Estimate: S953,110.00 /0'3/ /2-4x ,ga,;,--alee 19q Agenda Information Memo May 2, 2000 Eagan City Council Meeting ATTACHMENTS: Location map, page �j C. PROJECT 768, NORTHWOOD PARKWAY ACTION TO BE CONSIDERED: Authorize the purchase and reconveyance of excess MnDOT property for public right of way for Project 768, Northwood Parkway, and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: Project 768 provides for the extension of Northwood Parkway (Ring Road) westerly from Denmark Ave. over 35E to Pilot Knob Rd. Part of this alignment traverses across property owned by MnDOT and through the Glen Pond Apartment complex. Recently, the Council had approved a Preliminary Planned Unit Development and Preliminary Plat for the Glen Pond 2° Addition. This new development proposal will dedicate the necessary right of way for Northwood Parkway in consideration of the City acquiring Lots 1 2, Block 3, Efferess Addition and transferring title as part of an overall land swap. City staff has been negotiating with MnDOT over the past 9 months on the purchase price for these various parcels. Detailed appraisals were performed by both the City and the State, and an appropriate value has been determined for MnDOT's property. As a result, MnDOT will convey Lot 3 to the City at no cost for its use as public right of way for Northwood Parkway. MnDOT is requesting $145,069.85 for Lots 1 2. This is less than the appraised value for the acquisition of the Northwood Parkway through the Glen Pond Apartment Complex if the land swap could not be completed. 15a lel Agenda Information Memo May 2, 2000 Eagan City Council Meeting D. CITY CODE AMENDMENT (MINOR SUBDIVISIONS1 CITY OF EAGAN ACTION TO BE CONSIDERED: D To approve an Amendment to Chapter 13 (Subdivision Regulations) of the City Code that would establish a minor subdivision procedure and direct the City Attorney to prepare an amendment suitable for publication. FACTS: D This effort was initiated by the City Council and reflects procedural changes recommended by the APC. The Eagan Subdivision Ordinance currently requires all subdivisions to be subject to the same two -step process (preliminary and final) whether the outcome involves two or two hundred lots. The public has expressed concern that the existing process is both needlessly time consuming and expensive. To qualify as a minor subdivision, the subdivision must involve the division of one platted lot into not more than two lots that meet all dimensional, area and zoning requirements. Additionally, the proposed lots must have access to an improved street and must connect to municipal sewer and water facilities In regard to processing, the City Council would hold a public hearing and then take action on the request. Notices would be sent to all contiguous property owners At their regular meeting on March 28, 2000, the Advisory Planning Commission held a public hearing to consider the Amendment and recommended approval. ISSUES: The City Council withheld action at their regular meeting on April 4, 2000 to allow the Attorney's office to draft additional language to address standard dedication requirements (i.e. parks and water quality) and place a limitation on properties being subject to multiple minor subdivision procedures. 15c1 ATTACHMENTS (2) Minutes of the March 28, 2000 APC m eti pages l augh._,_. Revised City Code Amendment, pages through march 28, 2000 ADVISORY PLANNING COMMISSION ORDINANCE AMENDMENT CITY OF EAGAN Chair Heyl opened the next public hearing of the evening regarding an Ordinance Amendment to the Eagan City Code amending Chapter 12 entitled "Subdivision Regulations" establishing a minor subdivision procedure. Planner Kirmis introduced this item. Mr. Kirmis advised the APC of the changes in his recent staff memo dated March 27, 2000 incorporating the changes suggested by the City Attorney. Ken Greene, a resident of the City, spoke in favor of the proposed amendment, indicating the time consuming and expensive process of obtaining simple subdivisions and property within the City. Brian Turnquist, a resident of the City also spoke and concurred with resident Greene and spoke in favor of the proposed amendment. Chair Heyl closed the public hearing. Member Tilley moved, Member Huusko seconded, a motion to recommend approval of an Ordinance Amendment to the Eagan City Code amending Chapter 12 entitled "Subdivision Regulations" establishing a minor subdivision procedure. f5LJ SENT BY 612 432 3780 4 -28 0 13 :09 AN ORDINANCE OF 'IHF, CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THIRTEEN ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY AMENDING SECTION REGARDING AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 13 is hereby amended by adding Section 13.10, to read as follows: Section 13.10 Minor Subdivisions. ORDINANCE NO. 2ND SERIES SEVERSON SHELDON 651 681 4694 2/ 4 Subd 1. Qualification. To qualify as a minor subdivision, the following conditions shall be satisfied: A. The application shall involve the division of one (1) platted lot into not more than two (2) lots, both of which meet all minimum dimensional requirements of the Zoning Code. B. The proposed Iots shall have access to an improved street(s) and shall connect to municipal sewer and water facilities. C. The subdivision shall meet all dedication and other requirements of the City Code. D. A lot shall not previously have been the subject to this minor subdivision ordinance. Subd 2. Submission information. A. Completed application form. B. Application fee as established by City Council. C. Escrow deposit as determined by the City Council. D. Legal description and up-to -date survey. E. Certified list of manes and addresses of contiguous property owners. I'. Final Plat Drawing prepared by a registered land surveyor. 1 S5 SENT BY: 612 432 3780 4-28- 0 13:10 SEVERSON SHELDON-. 651 681 4694:# 3/ 4 G. Grading/Drainage/Erosion Control Plan incorporating the following information as may be applicable 1. Existing (dashed) and proposed (solid) contours at two (2) foot intervals to mean sea level datum, extending fifty (50) feet beyond the subject parcel 2. Building footprints (existing and proposed) with pad elevations and unit type. 3. Ponds, wetlands, lakes, streams, marshes (proposed elevation of NWL, HWI. and OHW elevation, proposed wet and dry storage volume, area drainage and boundaries). 4. All storm sewer lines, including inlets/outlets at ponds. 5. Erosion/sediment control structures. 6. Existing trees to remain. 7. Delineated edge of all wetlands and location of boundary markers. H. Utility Service Plan incorporating the following information as may be applicable*: 1. Street name(s). 2. Existing utilities (type, size, elevation, location). 3. Proposed utility service. I. Street Access Plan incorporating the following information 1. Existing and proposed driveway access locations. Plans may be combined into a single drawing. Subei 3. Processing. A. Staff review. Within ten (10) working days after the minor subdivision application has been received, the City shall complete the initial review to determine if all required information has been filed. If it has not, the petition shall be so informed. When the provisions of this section 13.11, subdivision 2 have been completed, the City Administrator shall schedule the minor subdivision for a regular Council meeting. Public hearing. the City Council shall hold a public hearing on the advertised date and time and afford all interested persons an opportunity to be heard. Within one hundred and twenty (120) days of delivery of an application submitted in compliance with this /54 612 432 3780 SENT BY: 4 -28- 0 13:10 SEVERSON SHEL.DON 651 681 4694:# 4/ 4 chapter, the Council shall prove or deny said minor subdivision, unless the sudivider gives written consent, wherein the Council shall have additional time to either approve or deny said minor subdivision. This provision is intended to be in full compliance with Minn. Stat. §462.358. Final approval shall be for a period of two (2) years or longer, as specified by the Council. Upon expiration of the time limit, all approvals for minor subdivision that have not been recorded with the County shall be null and void, and a new petition and processing shall be necessary to revalidate the minor subdivision unless the Council shall grant an extension of time prior to the expiration date. C. Recording of minor subdivision. It shall be the responsibility of the subdivider to file the minor subdivision with the County Recorder within sixty (60) days from approval by the Council, unless a time extension has been granted by the Council. Failure to record the subdivision within the sixty (60) day period shall render the subdivision approval by the Council null and void until a new application ahs been processed and approved by the City, unless the Council has granted an extension of time it which the subdivision shall be recorded. D. Proof of recording. The City shall not issue building permits or commence construction under public utility or street contracts on the subdivided property until such time as the City Clerk has been satisfied that the minor subdivision as been recorded with the county recorder. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation and Section 13.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By. Patricia E. Awada Its: Deputy Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: /5.7 Agenda Information Memo May 2, 2000, Eagan City Council To approve or deny an Interim Use Permit to allow the continued operation of the existing yard waste and compost facility on Outlots G, H and I, Gopher Eagan Industrial Park 2nd Addition, located in the SW 1/4 of Section 12, north of Yankee Doodle Road at Elrene Road, subject to the conditions listed in the APC minutes. INTERIM USE PERMIT SMC COMPOST SERVICES ACTION TO BE CONSIDERED: FACTS: IX. NEW BUSINESS The compost facility has operated in this location since 1992. The first permit was issued for Outlot I and in May of 1997, the City approved expansion of the facility onto Outlot H and approved renewal of the interim use permit for three years. An expansion onto Outlot G was approved in 1999, and the interim use permit for all three parcels expires this June. There has been increased residential development south and west of this site since the facility was first established. Also, the City currently owns Outlot I, and has plans to use the property for park purposes in the future. The applicant requested a term of five years for the permit, however, the compatibility of this use should be reassessed as the surrounding area changes, so a shorter term is suggested. The Advisory Planning Commission held a public hearing on April 25, 2000, and recommended approval of the Interim Use Permit for a period of three years. ISSUES: Two letters have been submitted in opposition to the permit and during the APC meeting, concerns were raised about odors and the appearance of the site. ATTACHMENTS: April 25, 2000 APC Minutes, pages/5 through/W. Staff Report, pagesl/p through )5$ PUBLIC HEARINGS INTERIM USE PERMIT SMC COMPOST SERVICES DRAFT Chair Heyl opened the first public hearing of the evening regarding an Interim Use Permit for SMC Compost Services, to allow continuation of a compost site on 15 acres legally described as Outlots, G, H, and I, Gopher Eagan Industrial Park No. 2, located at 805 Yankee Doodle Road in the SW 1/4 of Section 12. Member Steininger abstained from participation in the review of the following two items due to a conflict of interest. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staff's planning report dated April 20, 2000. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. She stated that because of changes in surrounding conditions, the appropriateness of the use should be reevaluated on a regular basis and suggested a three year term may be more appropriate than the five years requested by the applicant. She further stated that the appropriate term of the IUP is a policy matter to be determined by city officials. The applicant was present and requested that the five year term be considered. Three residents were present and questioned the time frame for a proposed park on the subject property. They also expressed concern over odors from the compost site. The applicant stated he had not received any complaints from area residents but would be willing to investigate any problem when notified. Chair Heyl closed the public hearing. Staff stated that the Park Director would prefer a one year permit be issued for the compost site. Member Huusko questioned the procedure for the applicant to vacate the property when the City is ready to construct the park. The City Attorney stated that after the term of the proposed permit expires, the property would be leased month to month. Chair Heyl stated she would prefer a one year permit. She would like to see if the applicant can alleviate the odors that area residents are concerned over. Member Huusko moved, Member Anderson seconded, a motion to recommended approval of an Interim Use Permit to SMC Compost Services to allow continuation of a compost site on 15 acres legally described as Outlots G, H, and I, Gopher Eagan Industrial Park No. 2, located at 805 Yankee Doodle Road in the SW 'A of Section 12, subject to the following conditions: 1. The permit shall run for a term of 3 years and terminate on June 3, 2003. 2/51 2. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. If the City chooses to make use of Outlot I for park purposes (before this permit expires), 'the City shall provide advance notice to the applicant as required in the lease agreement, and the applicant shall agree to terminate this use on Outlot I and remove all equipment and materials from Outlot I within 90 days. 4. The height of stockpiled materials shall not exceed levels even with the elevation of Yankee Doodle Road. 5. The operator shall maintain a Dakota County license and operate in compliance with County regulations. The motion carried 2 -1. Chair Heyl voted nay, Steininger abstained. DRAFT PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2000 CASE: 12- IN- 03 -03 -00 (revised April 27, 2000) APPLICANT: SMC Compost Services HEARING DATE: April 25, 2000 PROPERTY OWNER: City of Eagan PREPARED BY: Pamela Dudziak Gopher Smelting Refining REQUEST: Interim Use Permit LOCATION: 805 Yankee Doodle Road COMPREHENSIVE PLAN: IND Limited Industrial ZONING: PD Planned Development SUMMARY OF REQUEST AUTHORITY FOR REVIEW 114 SMC Compost Services is requesting an Interim Use Permit to allow the continued operation of the yard waste and compost facility located at 805 Yankee Doodle Road in the SW 1/4 of Section 12 and SE 1/4 of Section 11. The facility is located on Outlots G, H and I, Gopher Eagan Industrial Park 2 Addition. Outlot I, the westerly parcel, is owned by the City of Eagan, and Outlots G and H are owned by Gopher Smelting and Refining. City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and Planning Report SMC Compost Services April 25, 2000 Page 2 E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Planning Report SMC Compost Services April 25, 2000 Page 3 BACKGROUND/HISTORY In June of 1992, the Eagan City Council approved an interim use permit to allow a County compost and yard waste facility on Outlot I, Gopher Eagan Industrial Park 2 Addition. A five year term was established for the interim use permit. With the renewal of that permit in 1997, SMC also received approval to expand the composting operation onto the adjacent parcel, Outlot H, and issued the interim use permit for both Outlots H and I for a period of three years. In April 1999, SMC received an interim use permit for another expansion of the facility onto Outlot G, which was issued for the same time frame. The interim use permits will expire simultaneously in June 2000. EXISTING CONDITIONS The existing facility is located on three parcels north of Yankee Doodle Road at Elrene Road. The topography is such that the compost area is below the grade of Yankee Doodle Road. Natural vegetation and trees buffer the compost area to the north and west. However, the site is open to the south and SMC has landscaped the site along Yankee Doodle Road. There are townhomes to the southwest of the site. Other surrounding property is vacant and guided and/or zoned for industrial development, however the adjacent tax forfeit parcel to the north (Borchert- Ingersoll) is undeveloped and the City is in the process of acquiring it for park development (North Park). As mentioned previously, the City also owns Outlot I and it is anticipated to be developed as a parking area to support the future park north of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North Vacant; Zoned I -1, Limited Industrial; Guided IND, Limited Industrial South Townhomes; Zoned R -3, Residential Townhome; Guided D -III, Mixed Residential and Vacant; Zoned PD, Planned Development; Guided IND East Vacant/Gopher Smelting and Refining Co.; Zoned PD; Guided IND West Professional Plastics; Zoned I -1; Guided IND EVALUATION OF REQUEST Compatibility with Surrounding Area The site is located within an industrial district and the operation appears compatible with the area. There has been increased residential development south of Yankee Doodle Road and west of Elrene Road since the initial interim use permit for this facility was granted in 1992. For the past two years, the County inspections of the site have been satisfactory and the City has received no complaints. However, pursuant to the public notice mailing for this IUP request, the City received a phone call from a resident on Ivy Lane who is opposed to the continued operation of the compost site. /(°3 Planning Report SMC Compost Services April 25, 2000 Page 4 Operations The composting operation potentially can produce odors and noise which may become a nuisance. SMC has indicated that operations are conducted to minimize the off -site impact of these potential nuisances, and odors are controlled through proper maintenance of the compost materials to prevent the establishment of odor producing bacteria. Noise, produced by the intermittent use of equipment to prepare and maintain the compost materials, has not been a problem in the past. Dakota County conducts regular inspections of the facility pursuant to the County's solid waste facility license. Term SMC has requested a five -year term for the permit. However, the City Parks Department may want to implement the park use for Outlot I in less than five years and is therefore, suggesting that the permit be issued for a shorter term. SMC occupies Outlot I only with the consent of the owner, which is the City. Therefore, as the owner of the property, the City can also require SMC to vacate Outlot I and SMC is willing to terminate the permit on Outlot I when the City is ready to make use of the property, as indicated in the letter submitted with the application. Condition #3 below would require SMC to terminate the use on Outlot I and remove all equipment and materials from the parcel within 90 -days following notice by the City. The appropriate duration of this IUP is a policy matter to be determined by the Advisory Planning Commission and City Council and attached as a condition of the permit. Since the timing for development of the future North Park is uncertain at this time, and the compatibility of this use should be reassessed as the surrounding area changes, staff suggests a three -year term for the IUP, which is the same term approved in previous years for this facility. Site Plan The site is at an elevation 10 -20 feet below the grade of Yankee Doodle Road, and material storage is set back approximately 50 feet from the property line. The change in elevation from the road into the site has a screening effect as the materials are below the line of sight from the public right -of -way. However, in recent weeks, the volume of stockpiled mulch on the west end of the site has grown and the stockpiles have reached heights above the level of Yankee Doodle Road. In the future, the height of stockpiles should not exceed levels even with the elevation of Yankee Doodle Road. Landscaping The site was landscaped with evergreen trees along Yankee Doodle Road after renewal of the interim use permit in 1997. Wetlands/Water Quality Because of the leachate from the composting plant materials, the quality of water runoff is very poor. All runoff is handled by a two- tiered ponding system to minimize discharge from the site as much as possible and to minimize the discharge to Pond EP- 2 on the Borchert- Ingersoll property to the north. Pond EP -2 has been classified as an indirect contact recreation waterbody because it will be included as a major recreational and scenic feature in the proposed North Park. J(09 Planning Report SMC Compost Services April 25, 2000 Page 5 Utilities There are currently no utilities serving the site and none are proposed. A trailer for the facility attendant is located on the site and is equipped with a telephone. A portable restroom is also available at the site. Access /Street Design Access to the all three parcels is provided by a driveway aligned to Yankee Doodle Road, which is aligned with Elrene Road. Access and unauthorized dumping are regulated by a gate, which is locked when the facility is closed. The driveway is paved about 200 feet into the property. Parks and Recreation The City currently owns Outlot I and plans to eventually develop it as an access and parking lot to support the future park north of this site. SUMMARY /CONCLUSION There are no changes proposed to existing operations and the compost site appears to be continue to be compatible with surrounding development. There has been increased residential development in the area and development of a park is anticipated. Because of changes in surrounding conditions, the appropriateness of the use should be reevaluated on a regular basis. Therefore, staff is suggesting a three -year term may be more appropriate than the five years requested by the applicant. The appropriate term of the IUP is a policy matter to be determined by city officials and thus, the duration of the permit and termination date should be determined by the Advisory Planning Commission. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow the continued operation of a yard waste and compost facility located on Outlots G, H, and I, Gopher Eagan Industrial Park 2 Addition, in the SW 1 /4 of Section 12. If approved, the following conditions apply: 1. The permit shall run for a term of years and terminate on June 3, 200_. 2. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. If the City chooses to make use of Outlot I for park purposes (before this permit expires), the City shall provide a 90 -day advance notice to the applicant, and the applicant shall agree to terminate the use on Outlot I and remove all equipment and materials from Outlot I within 90 days. 4. The height of stockpiled materials shall not exceed levels even with the elevation of Yankee Doodle Road. /6S Planning Report SMC Compost Services April 25, 2000 Page 6 5. The operator shall maintain a Dakota County license and operate in compliance with County regulations. Location Map 7 Eagan Boundary Street Centerline _reel Area Building Footprint 1 k \0 1 NMI ,fit 1 1 d e s 1 1 i ■III dilaagum via giv v at ��R cow 1000 0 O P 1000 2000 Feet Development/Developen SMC Compost Services Application: Interim Use Permit Case No.: 12 -IN -03 -03-00 City of Eagan C.a.ranalty Dewl.pn..t Depet..M Map Mp..d u$Nq ERSI ArCVMw 3.1. Parcel base map dada provided by Dakota County Land Survey Department and M cuneM as of January 2000. THIS MAP 1S INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota Ceenty de not guarantee the accuracy of tits Information and are not responsible for errors or omissions. W+ E Current Zoning and Comprehensive Guide Plan sMC Co., Inc. Land Use Map Case No. 12- IN- 03 -03 -00 Zoning Map I I I Abdo Auk. dam∎ et AM ®,_t IS g•. t A V og ia. tion vi sEEEE! Current Zoning: Planned Development i AEI i i i r '`1, LIEN CI Mr Ini■■S■ Z.7, a h► MR I r i,�A Hs ■off�♦age 7 0 ►Ifs J il■AWImilissam1 w. 1 O0 Feet II m a`! At vs mu rag O V Guide Plan AMA.. 411 Comprehensive Land Use Map II= w. UU. 14♦.. 1111 l rIP 4 11■■ Location Will r Current Land Use Designation: IND Limited Industrial ta aC5llE�g Orr ros LOUD U►� M. t N. Peet Pe migilor Vievi goarilmct> 4..• °A mums .1. 114 041. 1F16 T. Uee e.lded by Delude County Lead y ..Ia•...t 1/03/0.. N .areal Moe 1.tN provided V Zanies b prevailed l....aprevailed ay L.. Neu, r 1.N d M a. updated by City sun. City of Eagan 2- THIS MAP IS INTENDED FOR REFERENCE USE ONLY 4 E Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S I 1 SITE PL.AN SMC COMPOST AND WOOD GRINDING 15325 Babcock Ave. Rosemount, MN 55068 March 8, 2000 Ms. Pamela Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 Dear Ms. Dudziak: Sincerely, ,c(A° Mike Bauer Eagan Compost Site Manager SOUTHERN MINNESOTA CONSTRUCTION CO. INC. Compost Wood Grinding Division RE: Renewal of Interim Use Permit for SMC Compost Services This letter is to confirm our request to renew the Interim Use Permit which is due to expire on June 3, 2000. At this time, we are requesting a 5 -year Interim Use Permit, which previously we were granted a 3 -year Interim Use Permit. There would be a considerable cost saving to us by changing from a 3 year permit to a 5 year permit, such as obtaining new sets of blueprints, mailing labels, permit application, etc. The 5 -year Interim Use Permit would then expire June 3, 2005. We are willing to include in the 5 -year Interim Use Permit a clause stating if the Eagan Parks Department requires the land for developmental purposes, we understand we may need to vacate early provided we have advance notice of 90 -120 days. Our compost site on the property in question has not had any operational changes; but as you know, we have expanded the property by the use of Outlot G. SMC Compost Services now uses Outlots G, H, and I of Gopher Industrial Park, 2" Addition of which the City Council approved on April 6, 1999. If you have any questions, please contact me at 612- 850 -0891. k 176 SMC COMPOST AND WOOD OtINDINO Office 612322 -2622 Fax 6123224270 1 888 505 7383 04 %25.00 .TUE 11:58 FAX 1 888 505 7383 HERREGAN DISTRIBUTORS To: The Community Development Department On behalf of the residents of Wescott Square Townhornes, we strongly urge you to deny the permit for the compost site on Yankee Doodle Road. In the last three years, since you approved the permit, many new homes have been built and a new development is now in this area Some of them are directly across from the compost site. At one time, Yankee Doodle Road was supposed to be the "gateway" to Eagan. (This was quoted by a former mayor). It is not very appealing to have a compost site on this "gateway". Many times the odor from this site is very strong and there are unsightly piles of compost that are very visible from the road and from the homes. Although trees were planted along the site, they still do not hide this. We strongly urge you to deny this permit and move it elsewhere away from residential homes. Wescott Square Townhomes 1 7 J CITY OF EAGAN COMMUNITY DEVELOPMENT DEPARTMENT 3830 PILOT KNOB ROAD EAGAN, MN 55122 To: ADVISORY PLANNING COMMISION: We would urge you to not to continue this use permit. Thank you considering our wishes. Jerome B Grundmayer E vira E Grundmayer Jerome B ar Ehiira E Grundmayer 832 WESCOTT SQUARE EAGAN, MN 561231234 Home Phone 851 4548147 Email j.grundmayerelatt.net April 21, 2000 We are writing to you about the interim use permit for SMC Compost Services. With all the development along Yankee Doodle Road, we do not feel the present location is a suitable site for a compost operation. With the development of a number of townhome associations south across Yankee Doodle Road plus other residential properties, a compost operation is not the most desirable operation at the present site. It would diminish the rsidential property values, and the odor is not always the nicest. The same concerns from this operation would also apply to the other commercial operations in the neighborhood. 7 .1 Agenda Information Memo May 2, 2000, Eagan City Council B. INTERIM USE PERMIT STEININGER RECYCLE, INC. ACTION TO BE CONSIDERED: To approve or deny an Interim Use Permit to allow the continued operation of the existing concrete recycling facility on property located at the southwest corner of Yankee Doodle Road and Hwy. 149, in the north '/2 of Section 13, subject to the conditions listed in the APC minutes. FACTS: The permit to allow concrete recycling on this property was first issued in July 1989, and has been reissued several times since then. The proposed use will remain the same so there should not be any change in impact on the surrounding properties. Staff is unaware of any complaints to date. The Advisory Planning Commission held a public hearing on April 25, 2000, and recommended approval of the Interim Use Permit for a period of two years. ATTACHMENTS: April 25, 2000 APC Minutes, pages(lq tirettgh Staff Report, pages? through Irl 173 DRAFT INTERIM USE PERMIT MAX STEININGER, INC. Chair Heyl opened the next public hearing of the evening regarding an Interim Use Permit for Max Steininger, Inc. to allow continuation of concrete recycling on property described as PID #10- 01300 012 -26, located in the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the SW 1 /4 of Section 13. Planner Dudziak introduced the item. Ms Dudziak highlighted the information presented in City staff's planning report dated April 19, 2000. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. She stated the recycling operation has been in effect since 1989 and staff is unaware of any complaints to date. Chuck Hall, representing the applicant, stated he is in agreement and accepts the terms and conditions in the planning report. There was no public comment. Chair Heyl closed the public hearing. Member Anderson moved, Member Huusko seconded, a motion to approve an Interim Use Permit for Max Steininger, Inc. to allow continuation of concrete recycling on property described as PID #10- 01300 012 -26, located in the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the SW %4 of Section 13 subject to the following conditions: 1. The permit shall be recorded with Dakota County within 60 days of Council action and terminate two years from the date of Council approval (May 2, 2002). 2. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. Dust control procedures shall be utilized. 4. The hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m., Monday through Saturday. 5. The operation shall be in compliance with all applicable State and local regulations. 6. In the event that the permit is terminated or not renewed, all materials and equipment shall be removed from the site within 90 days. 7. No mining shall be allowed on the property. The motion carried 3 -0. Steininger abstained.. )794 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 2000 (revised April 27, 2000) CASE: 13- IN- 04 -03 -00 APPLICANT: Steininger Recycle, Inc. HEARING DATE: April 25, 2000 PROPERTY OWNER: Gopher Smelting and Refining PREPARED BY: Pamela Dudziak REQUEST: Interim Use Permit LOCATION: Southwest corner of Hwy. 149 and Yankee Doodle Rd. COMPREHENSIVE PLAN: IND Limited Industrial ZONING: I -1, Planned Development SUMMARY OF REQUEST Steininger Recycle, Inc. is requesting an Interim Use Permit to allow continuation of concrete recycling on property described as PID No. 10- 01300 012 -26 located at the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the NW 1 /4 of Section 13. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. /7 s- Planning Report Steininger Recycle, Inc. April 25, 2000 Page 2 City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY As a follow -up to the Trucking Study, this site was the subject of a detail area analysis of vacant and underutilized industrial property. This site was considered potentially inappropriate for trucking or industrial uses involving outdoor storage because of its location at a key "gateway" to the Eagan Central Area. However, since that time, the City has undergone a revision to the Planning Report Steininger Recycle, Inc. April 25, 2000 Page 3 Comprehensive Guide Plan and this property remains designated for industrial development in both the current and the draft Comprehensive Guide Plans. The original Special Use Permit to allow concrete recycling on this property was issued in July 1989. That permit was last reviewed in 1994 and approved on November 15, 1994 for a term of two years. Subsequently, the permit expired in November of 1996. In May of 1997, the applicant applied for an Interim Use Permit that was approved by the City on June 3, 1997 for a term of two years, and which expired in June of 1999. The expiration of the IUP was an oversight of both the City and the applicant, and upon notice that the IUP had expired, this application to renew the IUP was made. EXISTING CONDITIONS The site is relatively flat. The central area of the site contains a trailer, portable toilet, and scale. Stockpiles of unprocessed and finished materials are located in the south central area of the site. Previous improvements included the installation of a 150 -foot long bituminous entry driveway that connects to a gravel driveway that rings the central area of the site providing access to the stockpiles. The 1997 permit required the installation of a berm and landscaping along Yankee Doodle Road. The berm is approximately eight feet high with some spruce trees on the top on both sides of the driveway entrance. There are also some scattered existing trees, mostly along the east side of the site abutting T.H. 149, and a fence along the rear and part of the west side of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North Gopher Smelting; zoned PD (Planned Development); guided IND (Limited Industrial) South West Group; zoned PD; guided 1ND East Undeveloped (gravel mining); zoned I -1; guided IND West City reservoir and West Group; zoned P (Public Facilities) and PD; guided PF (Public Facilities) and IND EVALUATION OF REQUEST Proposed Use The applicant's recycling operation involves stockpiling rubble concrete. When a sufficient amount of the concrete has accumulated, a crushing plant is brought to the site to reduce the rubble to reusable Class 5 aggregate. Compatibility with Surrounding Area This use has been conducted on this site for ten years. The proposed use will remain the same so there should not be any change in impact on the surrounding properties. The use is intended to be a transitional use until the property owner (Gopher Smelting) decides to sell or develop the property. 111 Planning Report Steininger Recycle, Inc. April 25, 2000 Page 4 Site Plan The site plan reflects the existing conditions. The applicant is not proposing any changes to the site layout. Landscaping There is no additional landscaping proposed with this request. Term The applicant did not request a specified term for the renewed permit. Staff suggest two years, the same time frame as the previous permit. SUMMARY /CONCLUSION This recycling operation has been in effect since 1989 and staff is unaware of any complaints to date. No changes are proposed to the operation or the site layout. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow continuation of concrete recycling on property described as PID 10- 01300- 012 -26 located at the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the NW 1/4 of Section 13. If approved, the following conditions apply: 1. The permit shall be recorded with Dakota County within 60 days of Council action and terminate two years from the date of Council approval (May 2, 2002). 2. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. Dust control procedures shall be utilized. 4. The hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m., Monday through Saturday. 5. The operation shall be in compliance with all applicable State and local regulations. 6. In the event that the permit is terminated or not renewed, all materials and equipment shall be removed from the site within 90 days. 7. No mining shall be allowed on the property. Location Map 7 Eagan Boundary Street Centerline Parcel Area Building Footprint E IVI7LPM-4.- Ott ti` C7Ll II;�,�a liC 11111*;41 w it l i k rn \Mr A 'PM '!i Vilit --4.4414.1144111&111 Al `fv�on`�ir`� v ova Wilicia s oe� o f,,.� M ell,;11E711:3 [Subject Site 1000 0 1000 2000 Feet Development/Developer: Max Steininger, Inc. Application: Interim Use Permit Case No.: 13-IN-04-03-00 City of Eagan Ceratawny Development Department Map Prepared using Mil AreView 3.1. Parcel less into dos provided by Dakota County Land Surrey Department and is current as of January 2000. THIS MAP IS INTENDED FOR REFERENCE USE ONLY and Dakota County do not guarantee the acceracy of this Information and are net responsible for anon or etrdssiens. W +E 5 Current Zoning and Comprehensive Guide Plan Steininger Recycle, Inc. Land Use Map Case No. 13 -IN- 0403 -00 Zoning Map 7 NIA o elm; ii s.. .s. 41.124. es a ■a VA 10i Or Ig.I •4 Wef ■.stl /u e Location ���E..asss.sE.. ►e Current Zoning: PD Planned Development �•w"'”" `z: WM wo 600 12110 2441 Y,p iois 40 4211% ell" W Comprehensive Guide Plan Land Use Map p ..e d► OI.. i/ o alma X ems to `+.0e y4 ♦1........ ■■s�!�s� ®©ATirmEE....E Location NI MIL Current Land Use Designation: IND Limited Industrial r; 75 c;a �i lidilfhw` so se I �e i a 1 no MI 41 A t 4 k 444 No *AA lelb IMO 4 w• 000 1200 Pose .fin p.reel Yre a.. I.10r..uen provided y e.ket. Carroty Law e.rvey *..r* ..t 1Isvoa. N II I J Zombi uarn.ee. rro.Irw by uwn.ee Wood 1fee w wd.W by City Staff. b will. E City of Eagan THIS MAP I. INTENDED FOR REFERENCE USE ONLY Community Development Department The CIty of Eagan and Dakota County do not guarantee the accuracy of this information. S J 1 0 Agenda Information Memo May 2, 2000 Eagan City Council Meeting C. CONDITIONAL USE PERMIT— EAGAN HARDWARE HANK ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow outdoor storage of materials (including lawn mowers, snowblowers, garden tillers and some rental equipment) upon a 1.6 acre parcel of land (Lot 1, Block 1, R B Addition) located south of Duckwood Drive and west of Denmark Avenue in the NW 1/4 of Section 15 subject to the conditions listed in the APC meeting minutes. FACTS: The subject site (Lot 1, Block 1, R B Addition) was platted in 1987. The approximate 12,000 square foot, two tenant building in question was constructed in 1987 and is occupied by Hardware Hank and Von Hanson's. In conjunction with the subdivision approval, the City also approved a variance to allow 59 off street parking stalls on the property (80 stalls are required by code). The area in which Hardware Hank is located is characterized by commercial uses some of which (e.g. WalMart) include accessory outdoor storage. While Hardware Hank has occupied the building since its construction, no outside storage activities have been conducted on the property. The proposed outdoor storage area is to be located on the east side of the building and will accommodate various storage items including lawnmowers, snowblowers, garden tillers and some rental equipment. The storage area is proposed to partially overlay five off street parking stalls which presently exist on the east side of the building. Along the east of the outside storage area, two new parallel parking stalls have been proposed. At their regular meeting on April 25, 2000, the Advisory Planning Commission held a public hearing to consider the Conditional Use Permit and recommended approval subject to the conditions listed in the APC meeting minutes. Asa ISSUES: To improve site aesthetics and delineate the storage area from the parking and drive aisle, staff had suggested that the applicant consider the conversion of the two proposed parallel parking stalls (which border the outside storage area), to a landscape island. The applicant has indicated however, that he would like to retain such stalls for employee parking. ATTACHMENTS (2) April 25, 2000 APC Meeting Minutes page0 Staff report, pages /95 through /9(p There was no public comment. DRAFT CONDITIONAL USE PERMIT EAGAN HARDWARE HANK Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit for Eagan Hardware Hank to allow outdoor storage on Lot 1, Block 1, R B Addition, located at 1320 Duckwood Drive in the NW 1 /4 of Section 15. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staff's planning report dated March 23, 2000. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. He stated that the proposed outside storage area appears compatible with the area and the standards set forth for outdoor storage by a business and the outdoor storage area has been defined although it does compete with existing off street parking areas. Allan Funk, applicant, and owner of Eagan Hardware Hank explained the need for outside storage stating that his business is expanding in an effort to compete with Home Depot. He stated he would like to keep the parking spaces on the east side of the proposed outside storage area as the space will be used for customers to drop off equipment. Chair Heyl closed the public hearing. The Commission held a brief discussion. Chair Heyl stated she feels the area is adequately screened for outside storage and that she agrees with the applicant that the two proposed parallel parking stalls should be allowed. Member Huusko moved, Member Anderson seconded the approval of a Conditional Use Permit for Eagan Hardware Hank to allow outdoor storage on Lot 1, Block 1, R B Addition, located at 1320 Duckwood Drive in the NW 1/4 of Section 15 subject to the following conditions: 1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 2. Outside storage shall be limited to the east side of the structure as depicted on the site plan. 3. The height of the items stored outside shall not exceed the height of the enclosure. 4. All materials shall be stored and maintained in an orderly fashion. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2000 CASE: 15- CU- 03 -03 -33 APPLICANT: Eagan Hardware Hank. HEARING DATE: April 25, 2000 PROPERTY OWNER: R B Investors PREPARED BY: Bob Kirmis REQUEST: Conditional Use Permit (Outdoor Storage) LOCATION: 1329 Duckwood Drive (Lot 1, Block 1, R B Addition) COMPREHENSIVE PLAN: CA, Central Area ZONING: CSC, Commercial Shopping Center SUMMARY OF REQUEST Eagan Hardware Hank is requesting approval of a Conditional Use Permit (CUP) to allow outdoor storage of materials (including lawn mowers, snowblowers, garden tillers and some rental equipment) upon a 1.6 acre parcel of land (Lot 1, Block 1, R B Addition) located south of Duckwood Drive and west of Denmark Avenue in the NW 1/4 of Section 15. AUTHORITY FOR REVIEW Conditional Use Permit City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning,Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Planning Report Eagan Hardware Hank April 25, 2000 Page 2 C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Outdoor Storage Conditions: In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. l g Planning Report Eagan Hardware Hank April 25, 2000 Page 3 BACKGROUND/HISTORY 3. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The subject site (Lot 1, Block 1, R B Addition) was platted in 1987. The approximate 12,000 square foot, two tenant building in question was constructed in 1987 and is occupied by Hardware Hank and Von Hanson's. In conjunction with the subdivision approval, the City also approved a variance to allow 59 off- street parking stalls on the property (80 stalls are required by code). While Hardware Hank has occupied the building since its construction, no outside storage activities have been conducted on the property. To accommodate such activity, the processing of a conditional use permit is necessary. EXISTING CONDITIONS The site is fully developed and bounded on the north, east and west by retail commercial uses. The site is bordered on the south by multiple family residential uses. The site takes access from Duckwood Drive. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North WalMart; zoned CSC, Commercial Shopping Center and guided CA, Central Area. South Undeveloped/Hidden Oaks Townhomes; zoned PD, Planned Development and guided CA, Central Area. East Companion Animal Hospital; zoned CSC, Commercial Shopping Center and guided CA, Central Area. West Duckwood Square; zoned CSC, Commercial Shopping Center and guided CA, Central Area. 187 Planning Report Eagan Hardware Hank April 25, 2000 Page 4 EVALUATION OF REOUEST Compatibility with Surrounding Area The area in which Hardware Hank is located is characterized by commercial uses some of which (i.g. WalMart) include accessory outdoor storage. The proposed outdoor storage activities are to be located on the east side of the existing structure. Provided proper screening exists, such activity is not anticipated to negatively impact surrounding properties. Site Plan The proposed outdoor storage area is to be located on the east side of the building and will accommodate various storage items including lawnmowers, snowblowers, garden tillers and some rental equipment. The storage area is proposed to partially overlay five off street parking stalls which presently exist on the east side of the building. Along the east of the outside storage area, two new parallel parking stalls have been proposed. According to the City Code, outdoor storage areas must be screened from view from the public right -of -way and from any adjacent property that is designated for residential uses in the Comprehensive Guide Plan. The applicant has indicated that the outdoor storage area is to be screened via a combination of an eight foot high chain link (with slats) fence and existing plantings along Duckwood Drive. Such fencing and landscaping will screen the outside storage area to travelers on Duckwood Drive. In no case should the height of the items stored outside exceed the height of the fence. To improve site aesthetics and delineate the storage area from the parking and drive aisle, staff had suggested that the applicant consider the conversion of the two proposed parallel parking stalls (which border the outside storage area), to a landscape island. The applicant has indicated however, that he would like to retain such stalls for employee parking. Recognizing that the present parking supply (63 stalls) is in excess of that approved for the property (59 stalls), consideration should be given to converting the proposed parallel parking stalls to a landscape island. Whether or not the existing off street parking supply should be reduced .to accommodate such landscaping island is however, considered a policy matter to be determined by City Officials Off street Parking The City Code states that an outside storage area may not take up required parking spaces or landscaping areas. The Code requires not less than one off street parking space for every 150 square feet of retail area. Using this standard, a total of 80 off street parking spaces are required off the proposed use (12,000 sf/150). In 1987, the City approved a variance to allow 59 off -street parking stalls on the property. Presently, 63 off street parking stalls exist on site (the "proof of parking" stalls shown on the site plan have been constructed). The proposed outside storage area would result in the loss of three stalls on the east side of the building. Based on historical demand, the applicant feels that the Planning Report Eagan Hardware Hank April 25, 2000 Page 5 remaining off- street parking supply (60 stalls) will however, be sufficient to accommodate parking demand. Landscaping The proposed outside storage will be fully screened via fencing and existing site landscaping located along Duckwood Drive. Specifically, the outside storage area will be screened via a combination of existing Black Hills Spruce, Red Splender Crab and Dogwood trees. As part of the construction of the outside storage area, the applicant is proposing to plant two additional Dogwood trees (north of the storage area). SUMMARY /CONCLUSION The proposed outside storage area appears compatible with the area and the standards set forth for outdoor storage by a business. The outdoor storage area has been defined and does not compete with existing off street parking areas. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow the outside storage of materials (including lawn mowers, snowblowers, garden tillers etc.) upon a 1.6 acre parcel of land (Lot 1, Block 1, R B Addition) located south of Duckwood Drive and west of Denmark Avenue in the NW '/o of Section 15. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 2. Outside storage shall be limited to the east side of the structure as depicted on the site plan. 3. The height of the items stored outside shall not exceed the height of the enclosure. 4. City Officials determine whether the two proposed parallel parking stalls (east of the outside storage area) should be converted to•a landscape island. 5. All materials shall be stored and maintained in an orderly fashion. Ig9 FINANCIAL OBLIGATION- 15- CU- 03 -03 -00 Lot 1, Block 1, R B First Addition There are pay -off balances of special assessments totaling $3,054 on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The charges become due and payable with connection to the City's Utilities. IMPROVEMENT TOTAL USE RATE QUANTITY AMOUNT -$0- Location Map 7 Eagan Soundary Centerline Street Centerline Parcel Area Wading Footprint hi '&51 or A fitif ED r:=3 i nim mum ;NEU i 4 e meg 84/01%04 iok7f 1 11 117 mita Arigi 1 1 LJLJLJ rms., ,..JL r .•r ICI IMEMIll ..JLJ V Q J `�r V, rl ut.,.�� L Nome n•iNYisillfr7n_EW Sub eat Site ,p -c� t tr r r :VOL ij n r /44, t grA Elltilit rte. ..11� Qe� o eta% s I b Lls r� Vgni .a l. A /o r r7 rag s- -maid Vi mom r a r.4 LJ ririrtrara r'rrr I' c JLJ LJ. A curl °a II nnranr 1 123 3 LJLJLJLJ(J�w 4114. LJLJLJLJ I Q 4 LJLJLJLJ MITA r �a gat nen 1000 0 1000 2000 Feet Development/Developer: Hardware Hank Application: Conditional Use Permit Case Ho.: 15- CU- 03 -03 -00 City of Eagan C.aI ..Ny b.wbMr.t a•p.rra.at Mod �January R s Lad Wiwi d s by2000. Tf MAP IS INTENDED FOR WIRINGS USE ONLY of Sae fn� TINS and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Hardware Hank Case No. 15- CU- 03 -03 -00 Current Zoning: Zoning Map CSC Community Shopping Center ew .N rY MI =NMI MI MIMI MI MIMI III MINN 2:2? IMMIll. :VAT ;q s r0rA,' EEEEEEEL`; I togas moms 1 "a mum :s te mum r ■EEEEEEr si .CCiii:* mi. Mil NI Location e 4 AIWA t r- tar HMI _i.. o csc Comprehensive Guide Plan Land Use Map Current Land Use Designation: CA Central Area IIINI tree r..t ir S„�_ I ._►r PE :Mtn p .EEEEEE.. Agog 111111f■EEgg utfr. :es:' mom w ■Sm it' ■re+■ MUM �I' iik "I En MEOW :=;71 MN �EEEESSP 1 g IMMO Mi la �A�gI i ii Location �1 NI NI 4 11 City of Eagan Community Dwelopment Deportment rarer s....p lat«w.wo provider by n.te• Comity Load S.wp Dust 1SSaroo. Zook/ NiMar.eme provwad y Lo.w.e•• Now 1•4 awl updated by Lob Stare. 2 THIS MAP IS INTENDED FOR REFERENCE USE ONLY Tho City of Eaian and Dakota County de net guarantee the accuracy of this Information. E 173 3 EXISTING CONDITIONS i EXISTING LANDSCAPING 1 nCk 1 llll 0 .3; PROPOSED OUTDOOR- Qq s c STORAGE AREA A31 4" .1 .70 8 -612 CURB 8 GUTTER 2 6 2341 81T. WEAR 4 3138 CL.5 4 MIN. CL.5 UNIX TYPICAL PAVING DETAI NOT TO SCALE 1 ORAINA BI AND UTILI Tr EASBNeNT, SITE PLAN Proposed outside storaee for Eagan Hardware Hank 1 -Eagan Hardware Hank has undergone much change in the past year. With the opening of Home Depot an emphasis has been made to handle more repairs of small engine equipment and homeowner tool rentals. 2 -To accomodate the growth a need for outside storage has become necessary. Eagan Hardware Hank proposes to fence in a 14'x50' space adjacent to the East side of the building. The fenced area will start about 25' from the front of the building and extend 50'totherear. 3- Parking This area is currently used for employee parking. The effect of the project will be to reduce the total parking by 3 spaces. There will still be ample room for employee parking. The customers of Eagan Hardware Hank can park in this lot, but past experience shows they do not park on the side due to apparent inconvenience. 4- Fence- It is proposed to erect an 8ft. chain link fence with two gates. The company installing it will be Able Fence Inc. of St. Paul. 5- Screening -Able Fence has proposed a new product be used to screen the storage area. Fin Slat can be installed to achieve 95% screening of the storage area. A variety of colors are available including a beige that will closely match the exterior rock face of the building. For information on Fin Slat and the improved screening vs. ordinary slatting see enclosed brochures. Additional screening will be provided with shrub plantings. On the front corner there is a planting area containing Red Flame Spireas which are approximately 2ft. tall. In the area immediately adjacent to the fence several spireas will be replaced with 2 Red Twigged Dogwoods which grow 6' -8' in height. The spireas in the foreground will remain to provide a vertical transition from the low to high shrub screening. Lc APPLICANT CORRESPONDENCE �a, Agenda Information Memo May 2, 2000 Eagan City Council Meeting D. CONDITIONAL USE PERMITS MEGA EXCAVATING ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow the outside storage of various construction, landscape and refuse (hauling) related equipment on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 Halley's Addition in the SE of Section 36 subject to the conditions listed in the APC meeting minutes. To approve a Conditional Use Permit to allow a 1,000- gallon above ground, diesel fuel storage tank on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 Halley's Addition in the SE 1 /4 of Section 36 subject to the conditions listed in the APC meeting minutes. FACTS: In 1989, the City approved a conditional use permit for both the subject property and adjacent Lot 5 to the north to allow the storage of pallets and trailers associated with a pallet making business that occupied the property at that time. In the Fall of 1999, City staff conducted an inspection of the property and found that numerous materials, other than pallets and trailers, were being stored on site. Specific materials being stored included, but were not limited to, construction equipment, garbage trucks and supplies, and landscape trucks and supplies. The requested conditional use represent an effort to correct present CUP violations. The proposed materials to be stored and the diesel fuel storage tank presently exist on the property. The submitted Site Plan does not delineate the storage area (or areas) of the site where equipment is to be stored. The plan also does not identify what specific equipment is to be stored. At their regular meeting on April 25, 2000, the Advisory Planning Commission held a public hearing to consider the Conditional Use Permits and recommended approval subject to the conditions listed in the APC meeting minutes. ISSUES: The APC has recommended the following changes to the conditions listed in the staff report: 197 Condition A.3. Change to state that outdoor storage locations shall be limited to the west side of the building. Condition A.4. Change to state that no more than 16 rubbish trucks, 15 containers, 8 pieces of heavy equipment and 2 storage trailers shall be located within the designated outdoor storage area. Spare parts and inoperable equipment shall be stored within the building. Condition A.8. Change to state that the parking area east of the building shall be surfaced with bituminous asphalt striped for parking and with concrete bumpers (rather than concrete curb) The APC suggested that the Fire Marshal make a determination that the above ground fuel tank meet the requirements of the Uniform Fire Code. On April 27, 2000, the Fire Marshal conducted an inspection of the property and determined that numerous measures must be taken for the existing fuel tank to comply with code requirements (see attachment). As a condition of CUP approval, Staff suggests that the conditions specified by the Fire Marshall be satisfactorily met by June 15, 2000. ATTACHMENTS (3) April 25, 2000 APC Meeting Minutes page Mg #c2LID. Staff report, pagesaO/ through 0 0 Fuel tank conditions (Per Fire Marshal), pagep CONDITIONAL USE PERMIT MEGA EXCAVATING Chair Heyl opened the next public hearing of the evening regarding Conditional Use Permits to allow outdoor storage and an above ground fuel storage tank on Lot 4, Block 1, Halley's Addition, located at 4841 Biscayne Avenue in the SE of Section 36. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staff's planning report dated April 19, 2000. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. He stated that the proposed outdoor storage area is to be located in an area of minimal visibility. While the proposed outdoor storage activity appears compatible with the area and the standards set forth for outdoor storage by a business, the submission of more detailed information is necessary to fully document the rights potentially being granted to the property. He stated that the Advisory Planning Commission may wish to postpone action on the request until such information is provided. The applicant, and owner of the site, Mark Peiper, discussed the history of the building. He stated he felt the price he was paid for his land by the City and the amount he was later assessed for improvements for Red Pine Lane was unfair. He also stated he preferred not to install curb and gutter in the parking area east of the building. He felt it was unnecessary for only four parking stalls. He stated he would rather install additional landscaping. Mr. Peiper also expressed concern about being overly restricted in the number of vehicles /pieces of equipment he would be allowed to store. The Commission discussed the number of items that would be allowed in the outside storage area. The following was agreed upon: 8 pieces of heavy equipment 15 storage containers 16 rubbish trucks 2 storage trailers It was also specified that the equipment should remain in working condition and spare parts should be stored inside the building or in storage trailers. DRAFT Other discussion included the use of parking bumpers rather than concrete curb and gutter. The Commission also believed that the City Fire Marshal should inspect the fuel storage tank prior to this item going before the City Council. There was no public comment. Chair Heyl closed the public hearing. /99 Member Steininger moved, Member Huusko seconded the approval of a Conditional Use Permit to allow a 1,000 gallon above ground diesel fuel storage tank on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 Halley's Addition in the SE 1 /4 of Section 36 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The tank shall be located in the northwest area of the site identified on the site plan. 3. The City Fire Marshal shall determine that the fuel storage tank meets the requirements of the Uniform Fire Code for Flammable and Combustible Liquids. 4. The fuel storage tank shall be reviewed by the State Fire Marshal. 5. Fuel sales shall not be allowed on the property. All voted in favor DRAFT Member Steininger moved, Member Huusko seconded approval of a Conditional Use Permit to allow outdoor storage on Lot 4, Block 1, Halley's Addition, located at 4841 Biscayne Avenue in the SE /4 of Section 36 subject to the following conditions. 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The rights granted by this conditional use permit shall apply only to Lot 4, Block 1 Halley's Addition. 3. A revised site plan shall be submitted which specifically defines outdoor storage locations on the westerly 200 feet of the lot except for setback areas and the materials to be stored in such locations. 4. Materials stored on site shall be in accordance with revised site plan and be limited to 16 rubbish trucks, 15 containers, 8 refuse containers and 2 storage trailers and all inoperable equipment and spare parts shall be stored inside the building or in storage trailers. 5. Outside storage within the front yard of the property shall be prohibited. 6. Outdoor storage areas west of the building shall be surfaced with bituminous asphalt or crushed bituminous. 7. The outdoor storage area within Lot 4 shall be completely fenced. 8. The parking area east of the building shall be surfaced with bituminous asphalt with concrete parking bumpers. SUMMARY OF REQUEST PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 2000 CASE: 36- CU- 01 -02 -00 36- CU- 02 -02 -00 APPLICANT: Mega Excavating HEARING DATE: April 25, 2000 PROPERTY OWNER: Arthur Mulvihill PREPARED BY: Bob Kirmis REQUEST: Conditional Use Permit (Outdoor Storage and above ground fuel storage tank) LOCATION: 4841 Biscayne Avenue COMPREHENSIVE PLAN: Limited Industrial ZONING: I -1, Limited Industrial Mega Excavating has requested approval of a Conditional Use Permit to allow the outside storage of various construction, landscape and refuse (hauling) related equipment on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 Halley's Addition in the SE '/o of Section 36. In addition, the applicant has also requested approval of a Conditional Use Permit to allow a 1,000 gallon above ground, diesel fuel storage tank upon the property. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. aaI Planning Report Mega Excavating April 25, 2000 Page 2 B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property, which does not create traffic congestion, or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Outdoor Storage: In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (1 -2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. Planning Report Mega Excavating April 25, 2000 Page 3 BACKGROUND /HISTORY EXISTING CONDITIONS 3. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property, which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Halley's Addition was platted in June of 1985. The building that presently exists on the site was constructed in 1979. In 1989, the City approved a conditional use permit for both the subject property (and adjacent Lot 5 to the north) to allow the storage of pallets and trailers associated with a pallet making business that occupied the property at that time. In the Fall of 1999, City staff conducted an inspection of the property and found that numerous materials, other than pallets and trailers, were being stored on site. Specific materials being stored included, but were not limited to, construction equipment, garbage trucks and supplies, and landscape trucks and supplies. The requested conditional use permits (for outside storage and an above ground fuel storage tank) represent an effort to correct present CUP violations. The proposed materials to be stored and the diesel fuel storage tank presently exist on the property. The subject site measures 0.9 acres in size and is occupied by a 4,482 square foot industrial building. Presently, a wide variety of construction, landscaping and refuse (hauling) related equipment are stored on both the subject site and adjacent Lot 5 to the north. A chain link fence (height not specified) exists along the perimeter of Lots 4 (the subject site) and Lot 5. The property is accessed from the east via Biscayne Avenue. There are no wetlands or significant vegetation on the property. X03 Planning Report Mega Excavating April 25, 2000 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Single Family Residential; zoned A, Agriculture and designated D -I, Single Family (0- 3 units /acre) South Magnum Towing; zoned I -1, Limited Industrial and designated IND, Limited Industrial East HTS Fabrication; zoned I -1, Limited Industrial and designated IND, Limited Industrial West Vacant; zoned I -1, Limited Industrial and designated IND, Limited Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area According to the applicant, the proposed outdoor storage activities are to occur on the west side of the existing structure and will not be visible from adjacent properties and rights -of -way. Site Plan As shown on the submitted site plan, the property's principal building is centrally located on the subject site. Off street parking is provided on the east side of the structure (along Biscayne Avenue). As previously mentioned, outdoor storage activities are proposed to take place on the west side of the existing building. The submitted site plan does not however, delineate the storage area (or areas) of the site where equipment is to be stored. Further, the plan does not identify what specific equipment is to be stored. In this regard, the APC may wish to postpone recommendation on the request until a more clearly defined site plan is submitted which identifies outdoor storage locations and the materials to be stored in such locations. Landscaping/Screening The City Code requires screening of off street parking and outside storage areas from the public right -of -way. Screening between industrial properties is not required. The outside storage area will be screened from Biscayne Avenue and Red Pine Lane via a perimeter berm located primarily upon the subject site and adjacent lot 5 to the north. No additional landscaping has been proposed on the site. In accordance with City Code, outside storage should not be allowed in the front yard of the property. Fencing Presently, a chain link fence (height not specified) exists along the south, east and west sides of the subject property. According to the City Code, outdoor storage (in industrial zoning districts) must be placed in an enclosure as necessary to achieve appropriate security and containment of for public safety reasons. As a result, the proposed outdoor storage area should be secured on all sides by fencing. Planning Report Mega Excavating April 25, 2000 Page 5 Grading The subject site generally slopes toward the east edge of the property. City Code requires that all off street parking and storage areas be surfaced with a material to control dust and drainage. In accordance with City code, the applicant should surface the outdoor storage areas (west of the building) with bituminous asphalt and the parking areas (east of the building) with bituminous asphalt surfacing and concrete curb and gutter. Storm Drainage Storm water runoff from this site will be drained through existing storm sewer within Biscayne Avenue. Utilities The existing building on the site is not connected to City sanitary sewer and water main systems. No connections are proposed under this application. Access Public street access to the site is currently from one driveway entrance onto Biscayne Avenue and will remain unchanged. Fuel Storage Issues As a condition of CUP approval, the City Fire Marshal must determine that the fuel storage tank meets the requirements of the Uniform Fire Code for Flammable and Combustible Liquids. The fuel storage tank must also be reviewed by the State Fire Marshal. SUMMARY /CONCLUSION The proposed outdoor storage area is to be located in an area of minimal visibility. While the proposed outdoor storage activity appears compatible with the area and the standards set forth for outdoor storage by a business, the submission of more detailed information is necessary to fully document the rights potentially being granted to the property. As a result, the APC may wish to postpone action on the request until such information is provided. ACTION TO BE CONSIDERED A. To recommend approval of a Conditional Use Permit to allow the outside storage of equipment on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 Halley's Addition in the SE of Section 36. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The rights granted by this conditional use permit shall apply only to Lot 4, Block 1 Halley's Addition. a05 Planning Report Mega Excavating April 25, 2000 Page 6 3. A revised site plan shall be submitted which specifically defines outdoor storage locations on the property and the materials to be stored in such locations. 4. Materials stored on site shall be in accordance with revised site plan. 5. Outside storage within the front yard of the property shall be prohibited. 6. Outdoor storage areas west of the building shall be surfaced with bituminous asphalt. 7. The outdoor storage area within Lot 4 shall be completely fenced. 8. The parking area east of the building shall be surfaced with bituminous asphalt with concrete curb and gutter. 9. Adjacent Lot 5 shall meet all the conditions of the conditional use permit (for outdoor storage) presently applied to the property. B. To recommend approval of a Conditional Use Permit to allow a 1,000 gallon above ground diesel fuel storage tank on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 Halley's Addition in the SE '/a of Section 36. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The tank shall be located in the northwest area of the site identified on the site plan. 3. The City Fire Marshal shall determine that the fuel storage tank meets the requirements of the Uniform Fire Code for Flammable and Combustible Liquids. 4. The fuel storage tank shall be reviewed by the State Fire Marshal. 5. Fuel sales shall not be allowed on the property. aa FINANCIAL OBLIGATION 36- CU- 01 -0 -00 and 36- CU- 02 -02 -00 Lot 4, Block 1, Halley's 1 Addition There are pay -off balances of special assessments totaling $29,012 on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The charges become due and payable with connection to the City's Utilities. IMPROVEMENT Storm Sewer Trunk USE RATE QUANTITY AMOUNT C.I. .129 /Sq. Ft. 38,333 Sq. Ft. $4,945 TOTAL $4,945 3,67 [span Boundary Location Map "t`'s a Parcel An a Standing; Footprint t, 0- e �La7inlir 41 1 t c;:,. Ai #1 e� eeeene bed I' r 1 ed s Q a raw .o l) ',404,--4111 o ;eee�e� 0 In u 0 o c v v o d a A li F. 0�' E AOaO3o v ii iv 1 L C7 0 frJ e O lb uM s cnrmv "4 ��r�L 1 in 1 11W 0007 7 '-'‘g r.,. k ....,,th.0--- ie o aiiiiik* 4 a o lit Q Sub act Site i Wit r ARM 0 1 I nip To )11 1 LIM 1• OW v�►A r's rP 47. E low M MO Le M.C11E25 1 0 0 al I f 1 uEl 1000 0 1000 2000 Feet Development/Developer: Mega Excavating Application: Conditional Use Permit Case No.: 36 -CU-02 -02-00 City of Eagan C•nu•••b Dsveleprea.t Department Map Prepared twins ERSI ArcVlew 3.1. Parcel Mee nap data provided by Dakota County land Survey Department and is current .a of January 2000. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County de not pearantee the accuracy of this Information and are net responsible for errors or emissions. N V S Current Zoning and Comprehensive Guide Plan Land Use Map Mega Excavating Case No. 36- CU- 02 -02 -00 Zoning Map lit ,tt. re 1111. SC ■■9� 1 Ns 1 k Location Mi No Current Zoning: 1 Limited Industrial ist i PF al j j pi ■MIM■ Mill. as A 0 N• 1211 P..t P NM w� Sian Comprehensive Guide Plan Land Use Map 11141$ w "T WA 11 111 A rill `a UM W Il1 All o-1 Location t D-I IN WS PP /11 1 Ems j Current Land Use Designation: Mill IND Limited Industrial O 0 dJ D-1 D-II 1 1 ►..t r\ N Poem' by e...•• Cw•1y Law S Oyv�t 1 00 pier .y 7 Z.• 1•h..w• at.y 1 000 9 CityofEagan p. .u•d y l a.w.••• y+•I y CNy 0 K' E COmmunJfy DevMopmaret Dapan3naret L THIS MAP IS INTENDED FOR REFERENCE USE ONLY s TM City of Saipan and Dakota County do not suarantoe the accuracy of this Information. ,5Z ■•4 W 7'!d Of EI n v I SITE PLAN 1. Dispensers shall be located a minimum of 10 -feet from buildings and property lines. When the hose is fully extended, the nozzle shall be no closer than 5 -feet from building openings. The dispensers shall also be located twenty feet or more from fixed sources of ignition. This is not the only separation requirement; there are additional rules that apply for separation between the tank and buildings and also the tank and dispenser. These can be found on page 3 or 4 depending on the type of tank installed. 2. Dispensing hoses for automotive dispensing are limited to 18 -feet. At marine or aircraft fuel dispensing stations, the hoses are allowed to be longer. 3. ASTs shall be provided with secondary containment that will hold the volume of the largest AST within the secondary containment area. Examples include dikes, drainage control, listed double wall ASTs, and listed secondary containment built into the AST. Dispensing and fill piping shall not penetrate a dike. 4. ASTs shall have vehicle impact protection, such as guard posts, to provide protection of connected piping, valves, fittings and storage tanks. When guard posts are installed, the posts shall be (1) constructed of steel not less than 4 inches in diameter and concrete filled, (2) spaced not more than 4 feet between posts on center, (3) set not less than 3 feet deep in a concrete footing of not less than 15 inch diameter, (4) set with the top of theposts not less than 3 feet above the ground, and (5) located not less than 5 feet from the tank. 5. There shall be an emergency shut -off device located between 20 feet and 100 feet from the dispenser. Activation of the emergency shut -off shall shut down transfer of fuel to the dispenser and shall close all valves that supply fuel to the dispenser. The emergency shut -off shall be distinctly labeled EMERGENCY FUEL SHUTDOWN DEVICE. 6. Within 75 feet of the dispenser, there shall be a portable fire extinguisher rated at a minimum 2 -A, 20 -B:C. The fire extinguisher shall be inspected annually by qualified personnel. 7. Signs prohibiting smoking, dispensing into unapproved containers, and requiring vehicle engines to be stopped during fueling shall be conspicuously posted within sight of each dispenser. When open to the public or when there are employees that are under 16 years old, there shall be a sign stating the minimum age to dispense flammable /combustible liquids is 16. 8. Weeds, grass, brush, trash and other combustible materials shall kept at least 10 feet from an AST. 9. ASTs shall have warning signs or labels to identify the tank contents to emergency personnel. 10. Electrical equipment shall be installed in accordance with the Minnesota State Electrical Code. c I Agenda Information Memo May 2 2000 Eagan City Council Meeting E. ORDINANCE AMENDMENT (Adopt Zoning Map) ACTION TO BE CONSIDERED: To approve the publication of the Zoning Map of the City of Eagan, Minnesota incorporating approved rezonings Since 1996 and administrative changes due to known map errors. FACTS: To approve and file the Zoning Map, the Ordinance Amendment process required by City Code shall be applied. The last official Zoning Map update was published in June, 1996. From the last published map date through February, 2000, the City Council has approved 45 rezonings. Several administrative corrections are shown on the proposed map. These administrative changes correct errors discovered on the 1996 map and occurred due to incorrect planned development boundaries and right -of -way development. The Advisory Planning Commission recommended approval of the Zoning Map at the April 25, 2000 regularly scheduled Advisory Planning Commission meeting. ATTACHMENTS: Minutes from the April 25, 2000 APC meeting, page 3 Staff report, pages .J through Resolution, page) aid ADOPT ZONING MAP CITY OF EAGAN DRAFT Chair Heyl opened the next public hearing of the evening regarding the adoption of the City of Eagan Zoning Map. Senior Planner Mike Ridley stated that the proposed map incorporates all zoning changes approved y the City Council since the last map publication dated June 18, 1996 through February, 2000. The proposed map also includes administrative corrections to known errors and omissions identified in the previously published map. There was no public comment. Chair Heyl closed the public hearing. Member Steininger moved, Member Huusko seconded a motion to,adopt the updated City of Eagan Zoning Map. All voted in favor. Member Huusko moved, Member Anderson seconded a motion to adjourn the April 25, 2000 Advisory Planning Commission meeting at 10:45 p.m. All voted in favor. 18 )3 Secretary Eagan Advisory Planning Commission PLANNING REPORT CITY OF EAGAN REPORT DATE: March 31, 2000 CASE: 06- OR- 06 -04 -00 APPLICANT: City of Eagan HEARING DATE: April 25, 2000 PROPERTY OWNER: City -wide PREPARED BY: Erik Slettedahl REQUEST: City -wide Zoning Map Update LOCATION: City -wide COMPREHENSIVE PLAN: Not Applicable ZONING: All Districts SUMMARY OF REQUEST The City of Eagan is updating its published Zoning Map. The proposed map incorporates all zoning changes approved by the City Council since the last map publication dated June 18` 1996 through February, 2000. The proposed map also includes administrative corrections to known errors and omissions identified in the previously published map. AUTHORITY FOR REVIEW City Code Section 11.20, Subd. 2 states that zoning district boundaries are "established as shown on that certain map entitled "Zoning Map of the City of Eagan, MN which map is properly approved and filed in the office of the city clerk, hereinafter referred to as the "zoning map Said map and all of the notations, references and other information shown therin and are hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. The code also requires that the Zoning Map be maintained and made available to the public. To approve and file the Zoning Map, the Amendment process of City Code Section 11.40, Subd. 5 shall be applied. The Planning Commission is required to give notice of said hearing regarding the zoning map amendment. BACKGROUND/HISTORY The last official Zoning Map update was published in June, 1996. From the last published map date through February, 2000, the City Council has approved 45 rezonings. These rezonings are included on the proposed Zoning Map and are listed in Exhibit B. Also, several administrative corrections are shown on the proposed map and are listed in Exhibit C. These administrative Q4 changes correct errors discovered on the 1996 map and occurred due to incorrect planned development boundaries and right -of -way development. The proposed administrative changes will not alter the allowable use of any property nor cause a non conformity on any developed property. The proposed zoning map was created by Community Development Staff using a Geographic Information System (GIS). Zoning data and parcel line information are updated regularly facilitating more frequent Zoning Map updates. Therefore, Staff is recommending regularly scheduled (annual) updates to the published Zoning Map. ACTION TO BE CONSIDERED To recommend approval of the publication of the Zoning Map of the City of Eagan, Minnesota incorporating approved rezonings noted in Exhibit B and administrative changes noted in Exhibits C. a�S ZONING MAP PROPOSED al 1p EXHIBIT A The official proposed Zoning Map is available for viewing at City Hall- Community Development Department or at the City of Eagan Web Site www.cityofeagan.com under the "City Code" Heading- "Zoning Map Update" (this requires Adobe® Acrobat Reader downloadable at this site). Exhibit B Rezoning Since 1996 Case No. Rezoning Request 21 rz120497 Rezoning from R -1 Single Family to Public Facilities (park property) on approximately 3.5 acres. To be approved during map update process. 02rz050396 Rezoning pf 7.68 acres from PD to 1 -1 in the SE 1/4 section 2 02rz080496 Rezoning of 80 acres from PD to Business Park for City of Eagan and Industrial Equities 16rz070396 Rezoning of 10 acres from Agriculture to Planned Development 13rz040296 Rezoning of 16.6 acres from PD to 30rz160796 Rezoning of 4.83 acres from CSC to PD located in the SW 1/4 Section 30 on Erin Dr. 23rz190996 Rezoning from PD to R -1 located in the NE 1/4 of Section 23 14rz221196 Rezoning of 4.73 acres from a to R- 1 in the SE 1/3 Section 14 16rz040197 To approve; a Rezoning from Agricuture to Public Facility on 7.09 acres, a Variance to the parking lot setback from the public right -of -way along Yankee Doodle Road, and variances to Eagan Code Chapters 11 and 13, if required. 36rz231296 Rezoning of 20 acres from A to R -1 in the SE 1/4 Section 36 17rz060396 Rezoning from R -3 to R -1 SW 1/4 Section 17 on Robin Lane 21 rz080397 Rezoning of 22.1 acres from AG to R -1. 11rz050197 Rezoning 2.64 acres from AG to LI. 11rz130497 Rezoning of 80 acres of Eagandale Corporate Center from 1 -1 (Limited Industrial) to BP (Business Park). 14rz160697 Rezoning of 5.92 acres from AG to R01 single family 10rz200697 A rezoning of approximately 42 acres from 1 -1 (Limited Industrial) to BP (Business Park). (Lexington Addition) 21 rz220997 Rezoning of 2.06 acres from Agriculture to R -1 (Single Family). I -1 Development Murphy Farm City of Eagan Robins Addition Duckwood Bluff UPS 2nd Addition Honey Tree 1st Addtion Gardenwood Ponds 3rd Addition Wessel Addition Oak Hills Church Evergreen /Pinetree Forest Blackhawk Acres 4th Addition Murphy Farm Lexington Commerce Center Eagandale Corporate Center 2od Verdant Hills Lexington Addition Murphy Farm 2nd 2.06 Addition r I7 3.5 Initial Approved Acres Zoning Zoning R -1 7.68 PD 1 -1 80 PD BP 10 A R -3 16.6 PD 1 -1 4.83 CSC PD PD R -1 4.73 A R -1 7.5 A P 20 A R -1 R -3 R -1 22.1 A R -1 2.64 A 1 -1 80 1 -1 BP 5.92 A R -1 42 1 -1 BP A P Council Approval Date R -1 11/3/1997 07 -Apr -00 Page 1 of 3 4/16/1996 5/7/1996 5/20/1996 6/4/1996 8/20/1996 1/7/1997 1/21/1997 3/4/1997 3/18/1997 5/7/1997 5/19/1997 6/17/1997 6/17/1997 8/19/1997 8/19/1997 Case No. Rezoning Request Development 33rz230997 Rezoning of approx. 73 acres from Agriculture to R -1 (Single Family). 10rz240997 Rezoning of 6.53 acres from General Business to Limited Business 10rz291197 Rezone from Agriculural to Limited Business (LB) to convert existing single family home to commercial arts office 04rz301297 Rezoning of 1.513 acres from Public Facilities to Planned Development. 30rz010198 Rezoning of .61 acres from R-4 (Multiple) to Planned Development.(Park Center Sixth) 14rz020298 Rezoning of 18.7 acres from Agriculture to R -1 (single family). 11 rz030398 Rezoning of 7.8 acres from 1 -1 (Limited Industrial) to BP (Business Park). 12rz311297 Rezoning of 17.94 acres from Agriculture to Planned Development 10rz040498 Rezoning of 18.6 acres from Business Park to Planned Development. 21rz110397 A rezoning of 112 acres from RB (Roadside Business) A (Agriculture) to PD (Planned Development). 26rz050698 Rezoning of 6.5 acres from Agriculture to R -1 Single Family 15rz061098 Rezoning of 4.1 acres from CSC (Commercial Shopping Center) to PD (Planned Development) and a Preliminary Planned Development for a mini storage facility. 08rz071098 A Preliminary Planned Development of 8.32 acres for a new corporate headquarters (office building) for Transport Corporation of America, Inc. 24rz020199 Rezoning of approximately 16.43 acres from Agriculture to R -1 (Single Family). (Oak Bluffs) 25rz010199 Rezoning from Public Facilities to R- 1 Single Family.(Southem Lakes West) 31rz040399 Rezoning of approximately 4 acres from existing right -of -way to PD, (Planned Development). Pinetree Pass Eagan Senior Living Community ARTIFACTS OCB Realty, Inc. 1.53 Park Center Sixth .64 Addition Royal Oaks 18.7 Liberty Property Trust 7.8 OAKVIEW CENTER 17.94 Lexington 2nd Addition 18.6 Oakbrooke 6.53 112 Noreen Addition 6.5 Town Centre 70 Twenty 4.1 Second Addition Transport Corporation 8.32 of America, Inc. Oak Bluffs 16.43 Southern Lakes West 4 Initial Approved Acres Zoning Zoning 73 A R -1 GB A LB LB PF PD R-4 PD A R -1 1 -1 BP A PD BP PD A RB PD A R -1 CSC PD LB PD A R -1 PF R -1 ROW R -1 Council Approval Date 11/18/1997 11/18/1997 07- Apr -00 Page 2 of 3 1/6/1998 2/3/1998 3/2/1998 4/21/1998 5/5/1998 6/16/1998 7/21/1998 8/4/1998 8/18/1998 11/30/1998 12/15/1998 3/16/1999 4/6/1999 4/20/1999 Case No. Rezoning Request 21 rz050399 Rezoning of five acres (an exception from the Oakbrooke Subdivision) from A (Agriculture) to PD (Planned Development) and a Waiver of Subdivision to split the five acres into a 1.5 acre lot and a 3.5 acre outlot. 12rz091298 Rezoning of approximately 12 acres from Agriculture to R -1 (Single Family). 15rz060499 Rezoning of 4.46 acres from right of -way to Planned Development. 25rz080799 Rezoning of 1.5 acres from A (Agriculture) to PF (Public Facility). 28rz110899 A Rezoning of 8.63 acres from RB (Roadside Business to R -1 (Single Family). 09rz100799 Rezoning of 4.73 acres from NB (Neighborhood Business) to LB (Limited Business). 28rz070799 Rezoning of 6.3 acres from R-4 (Mixed Residential) to R -1 (Single Family). 16rz090799 Rezoning of 4.61 acres from A (Agriculture)d to R -1 (Single Family). 22rz130999 Rezoning of 11.47 acres from A (Agriculture) to R -1 (Single Family) to allow reconfiguration of four unplatted lots into two single family Tots. 28rz120899 Rezoning of 15.7 acres from RB (Roadside Business) to PD (Planned Development). 21rz141199 Rezoning of 12.72 acres from A (Agricultural) to R -1 (Single Family.(Murphy Farm 3rd Addition). 22rz151299 Rezoning of five acres from Agricultural to R -1 (Single Family). Development Pulte Homes of MN 5 Corp. Cherrywood Knoll 12 A R -1 MVTA 4.46 ROW PD Woodcrest Church 1.5 A PF Addition EHW Property 8.63 RB R -1 Gramercy Park Of 4.73 NB LB Eagan P. O. Property 6.3 R-4 R -1 Waters Edge 4.61 A R -1 Altobelli Addition 11.47 A R -1 Diffley Plaza 15.7 RB PD Murphy Farm 3rd 12.72 A R -1 Addition Goetz First Addition 5 A R -1 cai9 Initial Approved Acres Zoning Zoning A 07- Apr -00 Page 3 of 3 Council Approval Date PD 5/4/1999 6/15/1999 8/3/1999 9/7/1999 9/7/1999 9/7/1999 9 /7/1999 9/21/1999 11/1/1999 12/6/1999 1/18/2000 2/15/2000 Exhibit C Zoning Map Update 2000 Administrative Corrections Subdivision Name BLACKHAWK GLEN Tax ID Parcel Address 1996 2000 Acres Zoning Des. Correction 101435001001 3656 ASHBURY RD 0.268 R -1 PD 101435001002 3661 ASHBURY RD 0.234 R -1 PD 101435001003 3693 ASHBURY RD 0.297 R -1 PD 101435002001 3660 ASHBURY RD 0.324 R -1 PD 101435002002 3665 ASHBURY RD 0.247 R -1 PD 101435002003 3697 ASHBURY RD 0.237 R -1 PD 101435003001 3664 ASHBURY RD 0.269 R -1 PD 101435003002 3669 ASHBURY RD 0.269 R -1 PD 101435003003 3701 ASHBURY RD 0.266 R -1 PD 101435004001 3668 ASHBURY RD "0.299 R -1 PD 101435004002 3673 ASHBURY RD 0.289 R -1 PD 101435004003 1595 BLACKHAWK HILLS RD 0.793 R -1 PD 101435005001 3672 ASHBURY RD 0.285 R -1 PD 101435005002 3677 ASHBURY RD 0.327 R -1 PD 101435005003 1605 BLACKHAWK HILLS RD 0.803 R -1 PD 101435006001 3676 ASHBURY RD 0.271 R -1 PD 101435006002 3681 ASHBURY RD 0.23 R -1 PD 101435006003 1615 BLACKHAWK HILLS RD 0.978 R -1 PD 101435007001 3680 ASHBURY RD 0.252 R -1 PD 101435007002 1589 ASHBURY PL 0.276 R -1 PD 101435007003 1625 BLACKHAWK HILLS RD 0.835 R -1 PD 101435008001 1581 ASHBURY PL 0.289 R -1 PD 101435008003 1635 BLACKHAWK HILLS RD 0.851 R -1 PD 101435009001 1577 ASHBURY PL 0.257 R -1 PD 101435009003 1645 BLACKHAWK HILLS DR 2.208 R -1 PD 101435010001 1573 ASHBURY PL 0.257 R -1 PD 101435010003 1651 BLACKHAWK COVE 3.376 R -1 PD 101435011001 1569 ASHBURY PL 0.281 R -1 PD 101435012001 1565 ASHBURY PL 0.291 R -1 PD 101435013001 1561 ASHBURY PL 0.267 R -1 PD 101435014001 1557 ASHBURY PL 0.405 R -1 PD 101435015001 1553 ASHBURY PL 0.496 R -1 PD 101435016001 1552 ASHBURY PL 0.62 R -1 PD 101435017001 1556 ASHBURY PL 0.274 R -1 PD 101435018001 1560 ASHBURY PL 0.279 R -1 PD 101435019001 1564 ASHBURY PL 0.41 R -1 PD 101435020001 1568 ASHBURY PL 0.455 R -1 PD 101435021001 1572 ASHBURY PL 0.326 R -1 PD 101435022001 1576 ASHBURY PL 0.267 R -1 PD 101435023001 1580 ASHBURY PL 0.242 R -1 PD 101435024001 1584 ASHBURY PL 0.238 R -1 PD 101435025001 3692 ASHBURY RD 0.289 R -1 PD 101435026001 3696 ASHBURY RD 0.263 R -1 PD 101435027001 3700 ASHBURY RD 0.278 R -1 PD 101435028001 1579 BLACKHAWK HILL RD 0.261 R -1 PD 101435029001 1575 BLACKHAWK HILLS RD 0.293 R -1 PD 4/3/2000 Page 1 of 4 aa0 BLACKHAWK GLEN 2ND 101435030001 1571 BLACKHAWK HILLS RD 0.273 R -1 PD 101435031001 1567 BLACKHAWK HILLS RD 0.286 R -1 PD 101435032001 1563 BLACKHAWK HILLS RD 0.311 R -1 PD 101435033001 1559 BLACKHAWK HILLS RD 0.38 R -1 PD Subdivision Name 4/3/2000 Tax ID 1996 2000 Parcel Address Acres Zoning Des. Correction 101435101001 3620 ASHBURY RD 0.407 R -1 PD 101435101002 3636 ASHBURY RD 0.329 R -1 PD 101435101003 1588 ASHBURY PL 0.237 R -1 PD 101435101004 1655 ASHBURY PL 0.271 R -1 PD 101435102001 3624 ASHBURY RD 0.24 R -1 PD 101435102002 3640 ASHBURY RD 0.271 R -1 PD 101435102003 1592 ASHBURY PL 0.275 R -1 PD 101435102004 1649 ASHBURY PL 0.23 R -1 PD 101435103001 3628 ASHBURY RD 0.24 R -1 PD 101435103002 3644 ASHBURY RD 0.23 R -1 PD 101435103003 1596 ASHBURY PL 0.297 R -1 PD 101435103004 1643 ASHBURY PL 0.249 R -1 PD 101435104001 3632 ASHBURY RD 0.307 R -1 PD 101435104002 3648 ASHBURY RD 0.248 R -1 P0 101435104003 1600 ASHBURY PL 0.313 R -1 PD 101435104004 1637 ASHBURY PL 0.256 R -1 PD 101435105003 1604 ASHBURY PL 0.316 R -1 PD 101435105004 1631 ASHBURY PL 0.264 R -1 PD 101435106003 1608 ASHBURY PL 0.32 R -1 PD 101435106004 1625 ASHBURY PL 0.277 R -1 PD 101435106102 1583 ASHBURY CT 0.32 R -1 PD 101435106202 1579 ASHBURY CT 0.28 R -1 PD 101435107002 1575 ASHBURY CT 0.281 R -1 PD 101435107003 1612 ASHBURY PL 0.317 R -1 PD 101435107004 1619 ASHBURY PL 0.276 R -1 PD 101435108002 1571 ASHBURY CT 0.274 R -1 PD 101435108003 1616 ASHBURY PL 0.355 R -1 PD 101435108004 1613 ASHBURY PL 0.265 R -1 PD 101435109002 1567 ASHBURY CT 0.26 R -1 PD 101435109003 1620 ASHBURY PL 0.453 R -1 PD 101435109004 1607 ASHBURY PL 0.259 R -1 PD 101435110002 1563 ASHBURY CT 0.613 R -1 PD 101435110003 1624 ASHBURY PL 0.47 R -1 PD 101435110004 1601 ASHBURY PL 0.241 R -1 PD 101435111002 1560 ASHBURY CT 0.658 R -1 PD 101435111003 1628 ASHBURY PL 0.524 R -1 PD 101435111004 1595 ASHBURY PL 0.232 R -1 PD 101435112002 1564 ASHBURY CT 0.734 R -1 PD 101435112003 1632 ASHBURY PL 0.623 R -1 PD 101435113002 1568 ASHBURY CT 0.499 R -1 PD 101435113003 1636 ASHBURY PL 0.601 R -1 PD 101435114002 1572 ASHBURY CT 0.27 R -1 PD 101435114003 1640 ASHBURY PL 0.404 R -1 PD 101435115002 1576 ASHBURY CT 0.232 R -1 PD 101435115003 1644 ASHBURY PL 0.233 R -1 PD Page 2 of 4 101435116002 1580 ASHBURY CT 0.288 R -1 PD 101435116003 3649 ASHBURY RD 0.258 R -1 PD 101435117003 3645 ASHBURY RD 0.245 R -1 PD 101435118003 3641 ASHBURY RD 0.267 R -1 PD 101435119003 3637 ASHBURY RD 0.338 R -1 PD 101435120003 3633 ASHBURY RD 0.445 R -1 PD 101435121003 3629 ASHBURY RD 0.56 R -1 PD 101435122003 3625 ASHBURY RD 0.532 R -1 PD 101435123003 3621 ASHBURY RD 0.493 R -1 PD 101435124003 3613 ASHBURY RD 1.651 R -1 PD 101435125003 3605 ASHBURY RD 1.263 R -1 PD 101435126003 3597 ASHBURY RD 1.048 R -1 PD 101435127003 3589 ASHBURY RD 0.841 R -1 PD 101435128003 3581 ASHBURY RD 0.905 R -1 PD 101435129003 3573 ASHBURY RD 0.884 R -1 PD 101435130003 3640 BIRCH POND RD 4.059 R -1 PD Subdivision Name BLACKHAWK GLEN 3RD Tax ID Parcel Address 101435201001 1636 BLACKHAWK LAKE DR 0.865 R -1 PD 101435201002 1586 BLACKHAWK HILLS RD 0.574 R -1 PD 101435202001 1632 BLACKHAWK LAKE DR 0.66 R -1 PD 101435202002 1631 BLACKHAWK LAKE DR 0.514 R -1 PD 101435203001 1628 BLACKHAWK LAKE DR 0.654 R -1 PD 101435203002 1627 BLACKHAWK LAKE DR 0.536 R -1 PD 101435204001 1624 BLACKHAWK LAKE DR 0.665 R -1 PD 101435204002 1623 BLACKHAWK LAKE DR 0.64 R -1 PD 101435205001 1620 BLACKHAWK LAKE DR 0.749 R -1 PD 101435205002 1619 BLACKHAWK LAKE DR 0.716 R -1 PD 101435206001 1616 BLACKHAWK LAKE DR 0.674 R -1 PD 101435206002 1615 BLACKHAWK LAKE DR 0.475 R -1 PD 101435207001 1612 BLACKHAWK LAKE RD 0.677 R -1 PD 101435207002 1607 BLACKHAWK LAKE DR 0.659 R -1 PD 101435208001 1610 BLACKHAWK LAKE DR 1.438 R -1 PD 101435208002 1599 BLACKHAWK LAKE DR 0.59 R -1 PD 101435209001 1608 BLACKHAWK LAKE PL 1.214 R -1 PD 101435209002 1595 BACKHAWK LAKE DR 0.498 R -1 PD 101435210001 1606 BLACKHAWK LAKE PL 0.5 R -1 PD 101435210002 1591 BLACKHAWK LAKE DR 0.499 R -1 PD 101435211001 1604 BLACKHAWK LAKE PL 0.516 R -1 PD 101435211002 3731 BLACKHAWK LAKE CT 0.508 R -1 PD 101435212001 1600 BLACKHAWK LAKE DR 0.478 R -1 PD 101435212002 3727 BLACKHAWK LAKE CT 0.617 R -1 PD 101435213001 1596 BLACKHAWK LAKE DR 0.436 R -1 PD 101435213002 3723 BLACKHAWK LAKE CT 0.65 R -1 PD 101435214001 1592 BLACKHAWK DR 0.392 R -1 PD 101435214002 3719 BLACKHAWK LAKE CT 0.617 R -1 PD 101435215001 1588 BLACKHAWK LAKE DR 0.39 R -1 PD 101435215002 3715 BLACKHAWK LAKE CT 0.65 R -1 PD 101435216001 1584 BLACKHAWK LAKE DR 0.399 R -1 PD 101435216002 3711 BLACKHAWK LAKE CT 0.592 R -1 PD 101435217001 1580 BLACKHAWK LAKE DR 0.406 R -1 PD 4/3/2000 Page 3 of 4 1996 2000 Acres Zoning Des. Correction 101435217002 3707 BLACKHAWK LAKE CT 0.614 R -1 PD 101435218002 3703 BLACKHAWK LAKE CT 0.605 R -1 PD Subdivision Name RIDGECLIFFE 6TH 1996 2000 Tax ID Parcel Address Acres Zoning Des. Correction 106398501001 1849 NARVIK CT 0.353 PD R -1 106398502001 1853 NARVIK CT 0.381 PD R -1 106398508001 1840 NARVIK CT 0.322 PD R -1 Subdivision Name SECTION 19 100190001058 4200 HWY 13 1.727 ROW GB 100190001356 4151 OLD SIBLEY MEMORIAL 0.674 ROW 1 -1 100190001357 4.137 ROW PD Subdivision Name SIGNAL POINT 4/3/2000 1996 2000 Tax ID Parcel Address Acres Zoning Des. Correction Tax ID Parcel Address 1996 2000 Acres Zoning Des. Correction 106805501002 4143 SIGNAL PT 0.904 PD R -1 Subdivision Name THE OAKS OF BRIDGEWATER 2ND ADDITION Tax ID 1996 2000 Parcel Address Acres Zoning Des. Correction 107583601001 835 HIDDEN MEADOW TR 0.432 R -1 PD 107583601002 800 QUAIL RIDGE RD 0.355 R -1 PD 107583601003 824 QUAIL RIDGE RD 0.961 R -1 PD 107583602000 3.558 R -1 PD 107583602001 831 HIDDEN MEADOW TR 0.349 R -1 PD 107583602003 3819 HUNTERS OVERLOOK 0.459 R -1 PD 107583603001 827 HIDDEN MEADOW TR 0.338 R -1 PD 107583603003 3823 HUNTERS OVERLOOK 0.515 R -1 PD 107583604001 823 HIDDEN MEADOW TR 0.322 R -1 PD 107583604003 3827 HUNTERS OVERLOOK 0.446 R -1 PD 107583605003 3828 HUNTERS OVERLOOK 0:967 R -1 PD 107583606003 3824 HUNTERS OVERLOOK 0.622 R -1 PD 107583607003 3820 HUNTERS OVERLOOK 0.437 R -1 PD 107583608003 3874 BRIDGEWATER DR 0.372 R -1 PD 107583609001 826 HIDDEN MEADOW TR 0.486 R -1 PD 107583609003 3870 BRIDGEWATER DR 0.571 R -1 PD 107583610001 830 HIDDEN MEADOW TR 0.493 R -1 PD 107583610003 3866 BRIDGEWATER 0.468 R -1 PD 107583611001 815 QUAIL RIDGE RD 0.386 R -1 PD 107583611003 3862 BRIDGEWATER DR 4.588 R -1 PD 107583612001 811 QUAIL RIDGE RD 0.427 R -1 PD 107583613001 807 QUAIL RIDGE RD 0.437 R -1 PD Page 4 of 4 CITY OF EAGAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, ADOPTING THE ZONING MAP OF THE CITY OF EAGAN, MINNESOTA, PURSUANT TO SECTION 11.20, SUBD. 2 OF THE CITY CODE REGULATING USE DISTRICTS. The following is the official summary of Ordinance No. approved by the City Council of Eagan on May 2, 2000: The boundaries of the land use districts for lands within the City of Eagan, Minnesota, are established as shown on that certain map entitled "Zoning map of the city of Eagan, Minnesota" which map is properly approved and filed in the office of the City Clerk and referred to as the "ZoninT Map." A printed copy of the Zoning Map is available for inspection by any person during regular office hours of the office of the City Clerk at Eagan City Hall, 3830 Pilot Knob Road, Eagan, Minnesota 55122. This ordinance shall take effect upon its publication. ATTEST: CITY OF EAGAN By: Maria Karels By: Patricia Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance published in the Legal Newspaper: �4 Agenda Information Memo May 2, 2000 Eagan City Council Meeting FACTS: F. CONSIDER POSITION ON RUNWAY 17/35 FLIGHT TRACKS ACTION TO BE CONSIDERED: To adopt a position relating to Runway 17/35 departure flight tracks and to convey that position to the Metropolitan Airports Commission (MAC), Metropolitan Aircraft Sound Abatement Council (MASAC) Operations Committee, and other impacted communities. The Metropolitan Airports Commission is in the process of updating the FAR Part 150 Noise Study for Minneapolis -St. Paul International Airport (MSP). As part of the update, MAC and the MASAC Operations Committee have been working with the communities that will be impacted by the new north -south Runway 17/35 Apple Valley, Bloomington, Burnsville, and Eagan. MAC has scheduled public meetings on the evenings of May 22 -25 to present the mitigated 2005 noise exposure map. This mitigated contour will be the best indicator to residents of what the noise impact will be where they live. In order to finalize the mitigated contour, runway departure flight tracks must be decided upon. The options include a wide dispersion fan of roughly 150° that would spread noise out over the largest area possible, a small fan area of about 60° that would keep aircraft in a relatively confined space, and several in- between options. The scheduling of recent MAC meetings and the need to have a recommendation from communities by May 12 has not allowed the Eagan Airport Relations Commission to take a final position on this issue. However, Chair Ted Gladhill indicated that it has been and continues to be the feeling of the ARC that the overflight area of departing traffic in Eagan should be confined as much as possible. Based upon comments from community representatives, Apple Valley and Burnsville both favor a wide area fan of 150 Bloomington officials haven't indicated a final position regarding the fan except to favor elimination of a west northwest track heading over that community. Assistant City Administrator Verbrugge will explain the impacts of each option in greater detail and discuss recommendation options. ATTACHMENTS: Flight track alternatives information is attached on pages Qthrough J7 add MSP Part 150 Heading 95 140 155 160 170 185 200 215 River 245 285 Track A H I B C D E K J F , G Total INight Track Use EIS Track Use 15.2% 0.0% 0.0% 12.0% 17.3% 8.5% 22.3% 0.0% 0.0% 11.6% 13.1% 100.0% :Same as Day I • Prop Track Use IAII Alternatives I 0.0% 19.9% , 0.0% 0.0% 10.1% 30.0% 0.0% 0.0% 0.0% 30.0% 10.0% 1 100.0% !Same as Day Jet Track Use A 0.0% 15.2% 12.0% 0.0% 17.3% 8.5% 47.0% 0.0% 0.0% 0.0% 0.0% 100.0% Same as Day B 0.0% 15.2% 12.0% 0.0% 17.3% 27.8% 27.8% 0.0% 0.0% 0.0% 0.0% , 100.0% Same as Day C 0.0% 15.2% 12.0% 0.0% 17.3% 18.5% 37.0% 0.0% 0.0% 0.0% 0.0% = 100.0% Same as Day D 0.0% 15.2% 12.0% 0.0% 17.3% 8.5% 29.7% 0.0% 17.3% 0.0% 0.0% i 100.0% Same as Day E 0.0% 15.2% 12.0% 0.0% 17.3% 8.5% 24.4% 0.0% 22.6% 0.0% 0.0% i . 100.0% iSame as Case C I A o.0% 15.2% 12.0% 0.0% 17.3% 8.5% 22.3% 24.7% 0.0% 0.0% 0.0% 100.0% Same as Day B 0.0% 15.2% 12.0% 0.0% 17.3% 8.5% 22.3% 2.1% 22.6% 0.0% 0.0% 100.0% i Move J traffic to K A 15.2% 0.0% 0.0% 12.0% 17.3% 8.5% 22.3% 0.0% 0.0% 24.7% 0.0% 100.0% Same as Day B 15.2% 0.0% 12.0% 0.0% 17.3% 8.5% 22.3% 0.0% 0.0% 24.7% 0.0% 100.0% Same as Day C 15.2% 0.0% 12.0% 0.0% 17.3% 8.5% 22.3% 2.1% 21.6% 1.0% 0.0% 100.0% Move J traffic to K D 15.2% 0.0% 12.0% 0.0% 17.3% 8.5% 22.3% 0.0% 22.6% 2.1% 0.0% 100.0% :Move J traffic to F st C C C CO CO a7 LL LL LL D 13 O 0 U) U) (O 1- r rwy_17_trk_alt_use kp 3 2- ie e go :$:o:o� eio r4 o! .o:© ;E 6�: n 1 r4 0 0 r 00 N H' 0 0. 00 0 o o o; o ff% 3 0 :0 0 0 0 0 r4 0 0 0 r- 000 0: o,0 0 0 00 :o 0 0 E- O et. r. 0 z Z 3 0 {7; rn: 0 re) o iz.:1 er o o 1,re Lel ac ee' 1= C. 0 M so en en o 0 e") t"■Il kr) In v:;) WI Ai. 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O O O N 0 0 p n 0 p 0 82822 A change 4 0 0 010 n O r 0 N f f .-6760q146744 X p V p NN47 OlO t0S0101ff 00 0 Q O.O O o 0 0 0 0 0 0 Q O 0 0 0 O O r O Q 0 O O Q PP r77 p N p 4 p 0 p0p0044 N p 4, o pp ♦fOnf r .-40 01f71OON N1n4a1010M4 1404 44 N h O M o 00 0 r N N.-NOM p pp 8 4) OM00 f p M o n o M4n OM 2I222IOYiOM0 pp 02 (4 O 4MMf O M I4n n o O n f 0 n OM4) Oo0 O4 1OO NNO 8g8.74 _4 S E S C m <MU0 W W 02_ ,X-1 10 "1211 0 Lams' 4EOUOWLL02_ )1CJ22000MO4 -0> X4 MAW I rNMfln Q 34) HNTB MSP Part 150 Sample Point Location Analysis Runway 17 Flight track Altematives 4/25/00 2:02 PM Ioc nois eis fan.dbf 2005 Unmitigated 85d Fan 150d Fan Bloomington DNL DNL Change DNL Change BLM_A 54.5 55.9 1.4 55.9 1.4 BLM_B 54.6 55.2 0.6 55.2 0.6 BLM_C 55.3 53.6 -1.7 53.6 -1.7 BLM_D 56.6 57.5 0.9 57.5 0.9 BLM_E 58.4 58.9 0.5 58.9 0.5 BLM_F 57.3 56.6 -0.7 56.6 -0.7 BLM G 58.7 58.2 -0.5 58.1 -0.6 BLM_H 61.3 61.4 0.1 61.4 0.1 BLM_I 57.3 55.4 -1.9 55.4 -1.9 BLM_J 60.7 59.5 -1.2 59.5 -1.2 BLM_K 67.6 67.3 -0.3 67.2 -0.4 BLM_L 68.3 68.0 -0.3 67.9 -0.4 2005 Unmitigated 85d Fan 150d Fan South of River DNL DNL Change DNL Change R17_A 53.2 53.1 -0.1 53.1 -0.1 R17_B 56.0 56.2 0.2 56.2 0.2 R17_C 56.5 56.7 0.2 56.6 0.1 R17 _D 52.3 52.6 0.3 52.5 0.2 R17_E 56.3 56.6 0.3 56.5 0.2 R17_F 57.4 57.8 0.4 57.6 0.2 R17_G 57.8 58.2 0.4 57.9 0.1 R17_H 58.3 58.7 0.4 58.4 0.1 R171 54.6 54.9 0.3 54.7 0.1 R 17_J 58.0 58.4 0.4 58.0 0.0 R17_K 57.2 58.5 1.3 57.2 0.0 R17_L 58.7 59.9 1.2 58.7 0.0 R17 M 59.7 61.0 1.3 59.7 0.0 R17 N 56.9 58.7 1.8 56.9 0.0 R17_0 54.8 56.5 1.7 54.8 0.0 R17_P 54.7 53.2 -1.5 54.6 -0.1 R17_Q 55.4 49.4 -6.0 55.3 -0.1 R17_R 47.9 48.1 0.2 48.1 0.2 R 17_S 42.7 44.2 1.5 44.2 1.5 R17_T 45.8 46.0 0.2 45.9 0.1 R17 U 50.3 50.2 -0.1 50.2 -0.1 R 17_V 46.5 46.4 -0.1 46.4 -0.1 R17_W 44.0 44.1 0.1 44.1 0.1 R17_X 41.9 42.5 0.6 42.5 0.6 R17_Y 51.9 51.8 -0.1 51.8 -0.1 2005 Unmitigated 85d Fan 150d Fan River DNL DNL Change DNL Change RVR 1 69.5 70.0 0.5 69.7 0.2 RVR 62.6 63.3 0.7 63.1 0.5 RVR3 60.2 60.8 0.6 60.8 0.6 RVR__4 52.2 53.5 1.3 53.5 1.3 RVR_5 48.0 51.0 3.0 51.0 3.0 HNTB MSP Part 150 Sample Point Location Analysis Runway 17 Flight track Altematives 4/25/00 2:02 PM Ioc nois eis fan.dbf Week of April 24, 2000 Kent Therkelsen, Chief of Police Personnel Update Welcome to Carolyn Petruga who joined us on April 17 as our evening receptionist. Carolyn will work 1600 -2000 hours upon the completion of her training. Advertisements for police officers appeared in several Minnesota newspapers on April 16th and 23rd. This process is focused on experienced police officers (at least 1 year as a currently employed officer). We can start the new officers at any step of the pay scale depending upon experience and qualifications. Department members who are aware of any high quality potential candidates should refer them to the personnel department for applications. Applications must be postmarked by May 12. New Driver's Licenses The State of Minnesota had modified driver's licenses for drivers under the age of 21. The new cards feature the 18'' and 21st birth dates printed in red on the front of the card. The new feature is designed to curb underage alcohol and tobacco sales. Brochures depicting the new formats have been posted in the department. You can also see the new format at the Public Safety Website at www.dps.state.us /dvs MINSEF Problems During a recent pursuit that traveled from Eagan into Inver Grove Heights, Eagan Officers and Dispatchers had difficulty receiving radio transmissions on the statewide emergency frequency. Ken Southorn is looking into the issue to determine cause and solutions. Mock Safety Drill Department personnel along with school staff trained at Eagan High School on April 20 (District 196 spring break). Members from Patrol, the Tactical Team, and Detective Fineran, simulated an armed intruder (CSO Role players) in the building. The department will conduct a drill during school hours in the first week of May to test aspects of our plan for safety threats occurring at the school. Chronic Party Location Officers responding to loud party type complaints at 3255 Coachman Road #128 should be aware that this address has been the subject of 14 complaints in the last 10 months. The residents were cited on January 29w and April 4th this year. A zero tolerance approach is appropriate for future complaints at this location. Airbags Captain Swanson has submitted paperwork to the National Highway Traffic Safety Administration (NHTSA) requesting authorization to install disabled switches for the passenger side airbags in our patrol vehicles. Like many agencies, we are having trouble keeping the airbag deployment zone free of police equipment, primarily computers. NHTSA is routinely approving law enforcement requests to disable the passenger side airbag. Notes from the Chief April 24, 2000 Page 2 Kudos Officer Rich Klingeman from Bloomington PD called to commend Officers Jimmie Logan and Paul Maier for their response to a suspicious person reported at Town Centre on April 13. Officer Klingeman said the officers were very professional in their approach to the individual. He also stated that Dispatcher Eileen Zimmerman was very helpful and professional. Nice work by Officer John Collins and all who assisted him in the pursuit on April 8 that started at Stark's Cafe and ended on Highway 52 in Inver Grove Heights. The suspect fled on foot after abandoning his vehicle off -road, but was arrested by Officer Collins the following evening. Job well done by Officers Ryan and Unger, and K -9 Bullet in the apprehension of a burglary suspect on April 8. The suspect was fleeing on foot from a burglary of an occupied dwelling on Mallard View when Officer Ryan observed him enter Lifetime Fitness. The suspect fled through the build- ing, pursued by Officer Ryan, into the waiting arms of Officer Unger and Bullet. Both officers were commended by Sergeants Larson and Anselment for their efforts on this case. Graham Thompson, the Operations Manager of Minnesota Valley Transit wrote to thank Officer Fancher for her response to an incident on a bus on April 13 at Nicols and Diffley. Chief Dan Hughes of the Shakopee Police Department wrote to thank Sgt. Schoenecker for his participation with the Law Enforcement Memorial Association Honor Guard at the funeral of re- cently retired Shakopee Police Officer Ronald Scherer. 4ep city of eagan DATE: April 28, 2000 TO: Chief Therkelsen FROM: Detective Matteson SUBJECT: LeCarnassier LLC, dba Red Robin Restaurant On -Sale Liquor License Application POLICE DEPARTMENT MEMO I have received an application for an on -sale liquor license for LeCarnassier LLC, dba Red Robin Restaurant. They plan on opening a restaurant located at 1230 Town Centre Drive, which is North of the Eagan Mann Theaters. The Red Robin Restaurant is a restaurant franchise with over 130 restaurant located throughout the United States. This restaurant is family oriented, specializing in the typical American food menu. LeCarnassier currently operates two restaurants in Missouri and Ohio and recently have been approved in Apple Valley, Mn. LaCarnassier is spearheaded by Thomas K. Denomme, CEO, from Naples, Fl., Michael A. Wyass, CFO, Silver Lake, Oh., and David W. Head, President and COO from Naples, Fl. Personal information sheets were received on each of these individuals. I have conducted complete criminal background checks on these individuals, including checks within their home states and NCIC, and I find no evidence of convictions, arrests or criminal activity. I spoke with Tom Donaldson, who is an attorney with Carmody MacDonald, PC, as he represents the LeCarnassier LLC. He advised me there are "a small handful" of other investors, however, they have no operational interest in the Red Robin Restaurant. Based on the thorough information packet that was provided by Carmody MacDonald PC and further investigation on my part, I find no reason to deny the applicant the requested on -sale liquor license as they meet all the requirements of the Eagan City Code. This liquor license is on the City Council Agenda for the May 2 Meeting. Licensee Name (Corporation, Partnership, Individual) Le e6f,iqss/(/J DOB k Trade Name or DBA Reid Rob/N Business Address Id 30 Town C'er &e at i ve City Ea a_c\ License Pe Mod From To M 3/ l W Zip Code 55/010R County 1)G ker L i ense T Check one or bot V On Sale unday On Sale License Number G000 -a5ON On Sale a y c o name and unday License Number Sun Fee Pd f ora i it oo Led 07o� 5�s address of each partner; if a corporation, state the name and address of Busine s Phone (in knoWn t1 i�1 e- each officer. If a partnership. state the Partner /Officer Name (First, middle and last) OAvi d W- Hey DOB 1014&156 Title Or r C 00 0 Address fydy 7 4 a IUgpley, FL 3'11 1 Partner /Officer Name (First, middle and last) ihema5 k Del* m►rne- DOB lll/gkly Title CEO Address /d 70 va Naples 391C Partner /Officer Name (First, middle and last) Michael vv. W s DOB Io /11 /yo Title CF Address 30zA(dool Srlvedake, Oy Uertitication of an Un Sale anwor Sunaay Liquor License CERTIFICATION OF AN ON SALE AND /OR SUNDAY LIQUOR LI 'ENSE No license will be approved or released until the S20 Retailer ID Card fee is received by Alcohol Gambling Enforcement Workers Compensation Insurance Compan LICENSEE'S SALES USE TAX ID# 800 657 -3777 CITY OF: The Licensee must have one f the following: THIS FORM) Minnesota Department Of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT 444 Cedar Street Suite 133 St. Paul, MN 55101 -5133 (612)296 -6439 TDD (612)282 -6555 `�jvC. co. titan PM-e i Drl Policy 7EA o7 00 ,16,- -00 To apply for sales tax number, call 296-6181 or I- ISSUING AUTHORITY COUNTY OF: B. A bond of a surety company with minimum coverage as specified above in A. Page 1 of 2 (ATTACH CERTIFICATE OF INSURANCE TO Check One: A. Liquor Liability Insurance (Dram Shop) $50,000 per person; $100,000 more than on person; $10,000 Property Destruction. $50,000 and $100,000 for loss of means of support. http: /www.dps. state. mn. us /alcgamb /alcenf /forms /sundayliq.htm 04/27/2000 I V WA Check those items a I Circle one Suspend Revoke Cancelled From To Transaction Type ew Revoke/Cancel ransfer Suspension 'Transfer of ownership from (Name and Address) I certify that this license was approved in an official meeting by the governing body of the city or county. City Clerk's Signature Date 1 A. s All retail liquor licensees must have a current Federal Special Occupational Stamp. This stamp is issued by the Bureau of Alcohol. Tobacco and Firearms. For information, call (612) 290 -3496 PS 9011 -94 Yes No During the past license year has a summons been issued under the Liquor Civil Liability Law (Dram Shop)'' if yes, attach a copy of the summons. C. A certificate from the State Treasurer that the licensee has deposited with the State, Trust Funds having a market value of 100,000 in cash or securities. 114:: Return to Alcohol Enforcement Home Page cr i age http: /www.dps. state. mn. us/ alcgamb /alcenf/forms/sundayliq.htm Return to Public Safety Home 04/27/2000 N r OF ORGANIZA ON 1 I t 11 a a :11,. a Aa_ L. V L t R IIW (O e DATE O• VA. /O /1 q TAX T NUMBER iS 36gg3 SIRE J ADD 13SS 1380 filaetce cNv42. CITY CaVa1,. STATE vhK ZIP CODE S'S a 1 NE OF PERSON MAN Nei APPLICATION 0- D t&weU BUS1N1 S Pi-t NI (eh 68r- 9q(1 16/Q) HOME PHONE 1193 6 I r3 DATES I UOR W 1 SOLD (I to 4 days) t 0 1 eV TYPE OF ORGANIZATION 0 CLUB t? CHARITABLE 0 RELIGIOUS 'OTHERNONPROJ t N a :ICI"$ 51�AME 1 Q e. s h t: �,�co- /1rd AD�D?RB 7 t� ?In 442(104 l� Irl�a itIoILevctiCQ, (-Mk ORGANIZATION OF'FICER'S NAME e i ADDRESS ORGANIZATION OFFICER'S NA1VIE ADDRESS ;Application for 1 to 4 Day Temporary On -Sale Liquor License TYPE OR PRINT INFORMATION CITY /COUNTY CITY FEE AMOUNT 5 DATE FEE PAID ti/ q/ SIGNATURE CITY CLERK OR COUNTY OFFICIAL Minnesota. Department of Public Safety LIQUOR CONTROL DIVISION 444 Cedar St. /Suite 1001. St. Paul, MN 55101 -2156 (612)296 -6439 TDD (612)282 6555 APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE (Organization or location limited to 3 permits in a 12 month period) Location where 1' will be usod If an outdoor aura, be Will the applicant contract for into.Yicating liquor services? If so, Sue the name and addre of the Liquor license providing the service t es 3533 01 wpb %:icily *11 ss1a1 Will tbe applicant carry liquor. liability If so, the carries' s name and amount of coverage /kW attbf) (NOTE: Insurance is not mandatory) /fl j APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL http: /www.dps.state.mn.us /alcgamb /alcenf /forms DATE APPROVED LICENSE DATES APPROVED LIQUOR CONTROL DIRECTOR NOTE: Do not separate these two parts, send both parts to the address above and the original signed by this dj'ision will be returned as the license. Submit to the City or County at least 30 days before the event Page 1 of 2 PS 09079(81 04/13/2000 Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) S ky A r et r k L.r a r 1 C c N c e 4 1 ,1. r 8 (t. ec.„_) Address (do not use PO box) City State/Zip Code County 3S 9 c: 21c.-‘c._ SS r c'.JG_,.� /i> /L' c_Y 1 2 �c �C� 1 Date(s) of activity (for raffles, indicate the date of the drawing) vtt y 3 /yPkvi `/'v itily 4 02-oo6 1o.'3: PA.] Check the box or boxes that indicate the type of gambling activity your organization will be conducting: *Bingo Raffles *Paddlewheels *Pull-Tabs ❑'Tipboards *Equipment for these activities must be obtained from a licensed distributor. Minnesota Lawful Gambling Page 1 of 2 Application for Exempt Permit LG220 10/98 Organization Information Organization name ,1 Uallei U, e« 4 r er5 -f1< 064. Street City Name of chief executive officer (CEO) of organization First name Ott a R Name of teasurer of organization First name ST 2Ve This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Last fly u. _SI IA Last name v� Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide WO be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. State /Zip Code /hN V- 19007r For Board Use Only Fee Paid Check No. Initials Received Previous lawful gambling exemption number County 6 cc lee 1 el Da me phone number of C ::Co i) 74f co ff 407-452._ Daytime phone number of treasurer: 4 LA Type of Nonprofit Organization Check the box that best describes your organization: Fratemal Religious Veteran Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: IRS letter indicating income tax exempt status Certificate of Good Standing from the Minnesota Secretary of State's Office A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attomey General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order, other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application and three options for the county: 1. Approve the application: By taking no action, the county allows the Board to issue a permit after 30 days. 2. Waive the above -noted waiting period: The county allows the Board to issue a permit before 30 days. Documentation attached. 3. Deny the application by passing a resolution within 30 days. Print name of county: (Signature of county personnel receiving application) Title Date On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of township official acknowledging application) Title Date Application for Exempt Permit LG220 VA((ey V i Gt.jerS 4# a(4 Local Unit of Government Acknowledgment (Required by Statute) Organization Name If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application and three options for the city: 1. Approve the application: By taking no action, the city allows the Board to issue a permit after 30 days (60 days for a first class city). 2. Waive the above -noted waiting period: The city allows the Board to issue a permit before 30 days (60 days for a first class city). Docu- mentation attached. 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Print name of city: (Signature of city personnel receiving application) Title -L. 1 L C L Date L F c Page 2 of 2 10/98 Chief Executive Officer's Signature T he information provided in this application is complete and curate to the best of my knowledge. 7 Chief Executive Officer's signature 7 ICf C jL Name (please print) M e e I C J i f Date y .2 `p" Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: the completed application; a copy of your proof of nonprofit status, and a $25 application fee (make check payable to "State of Minnesota Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government do not send the application to the Gambling Control Board.