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11/15/1988 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING NOVEMBER 15, 1988 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) IV. V. .15i A. 3tB. VI. f?. :13 A. 13.7B. COMMUNITY DEVELOPMENT DEPARTMENT Street Name Change, Haeg Court in Dodd Farm Addition PUBLIC WORKS DEPARTMENT Presentation of Award by Dakota County Soil & Water Conservation District 6:55 - CONSENT AGENDA (PINK) PERSONNEL Items RESOLUTION Proclaiming November 30 as Eagan and Burnsville Public Access Volunteer Appreciation Day PROJECT 554, Authorize Payment for Easement Acquisition (General Electric Supply Company - Storm Sewer) VACATE Utility & Drainage Easement, Receive Petition/Set Public Hearing (Lots 5 & 6, Block 2, Blackhawk Glen 2nd) CONTRACT 87-34, Final Payment/Acceptance (Sperry Reservoir - Repainting) FINAL PLAT, Stony Point 2nd Addition APPROVE Specifications/Authorize Advertisement for Bids for Recyclable Containers 7:00 - PUBLIC HEARINGS (SALMON) VACATION of Public Right -of -Way, Apollo Road PROJECT 461, Final Assessment Hearing, Yankee Doodle Road, I -35E to Lexington Avenue OLD BUSINESS (ORCHID) PRELIMINARY PLAT, Seneca Plant Addition/Metropolitan Waste Control Commission, Consisting of 87.83 Acres for the Expansion of the Seneca Waste Water Treatment Plant Located West of Comanche Road in the West Half of Section 17 and E1/2 of Sec 18 PRELIMINARY PLAT, Roseagan Addition/Holck Company, of 24.78 Acres Consisting of Four 5 -Acre Single Family Lots (Lots 1 - 4) and One 3.3 Acre for Existing Business Use and a VARIANCE for Lot 5 as to Minimum an Agricultural District, Located Along the West Side of Highway Farm Road in the SW1 of Sec 36 NEW BUSINESS (TAN) COPIER, Authorize Lease/Purchase (Municipal Center) AGREEMENT, Banking Services AMENDMENT to City Code, Swimming Pool Fencing Lot (Lot 5) Lot Size in 3, South of F.04 D. V. E. ;� t.0F. 9 34 G . ,JH. C, •`)I. .9, tc14J. a K. t LICENSE, Off -Sale Beer, Cub Foods/Cliff Lake Galleria CLARIFICATION, Engstroms Deerwood Addition/Robert Engstrom, Condition of Final Plat Relating to Trailway Connection VARIANCE, Progress Land Co., Inc., 10' Front Yard Variances for Lots 3-11, Block 3 and a 5' Variance to Front -Yard Setback, Lot 12, Block 3, Country Hollow Addition, SE4 of Sec 24 VARIANCE, RHC Associates Joint Venture I, Requesting 23' Variance to the Pylon Sign Height/Size Restriction, Cliff Lake Centre WAIVER OF PLAT, Meritor Development Corp, in Order to Relocate a Common Property Line Between Lots 1 and 2, Block 2, Lexington Square 4th Addition, and Lot 1, Block 1, Lexington Square 7th Addition, East of Kettle Creek Road in the NW' of Sec 23 WAIVER OF PLAT, Opus Corp/NW Mutual Life, in Order to Split Lots 6 and 17, Block 4, Eagandale Industrial Park 1st Addition, for National Computer Systems Located Along he North Side of Lone Oak Road and West of Eagandale Blvd. in SW1 of Sec 3 REZONING, Thomas Slater Addition/Thomas G. Slater, of 1.5 A (Agricultural) Acres to an R-1 (Single Family) District and a PRELIMINARY PLAT Consisting of Two Lots Located North of Rusten Road and Storland Road in SW1 of Sec 31 REZONING of Lot 11, Block 1, Thomas Lake Center Addition, from SF (Single Family) to PF (Public Facility) for Well #13 Located at the NE Intersection of Lake Park Drive and Cliff Road in SES of Section 28 VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 9, 1988 SUBJECT: AGENDA INFORMATION, NOVEMBER 15, 1988 CITY COUNCIL MEETING ADOPT AGENDA APPROVAL OF MINUTES - After approval is given to the November 15, 1988 agenda and regular minutes for the November 1, 1988 City Council meeting, the following items are in order for consideration. DEPARTMENT`HEAD.BUS:INESS. A. COMMUNITY DEVELOPMENT DEPARTMENT: Item 1. Street Name Change --Mark Calvin Construction is requesting that the street name designated as Haeg Court in the Dodd Farm Addition be changed to Calvin Court. Mr. Calvin owns all the lots in the development and to date there are no occupancies that would require an address change. All departments have reviewed the request for a change and appear to be in agreement. The action requires a resolution which is then filed both at the City and the County with the final plat. All costs are absorbed by the applican#. For a copy of the subdivision map, please refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the change in street name of Haeg Court to Calvin Court as requested. 0 0 0 60. 001... r 005 r -----...___— f 1 If I I I -- � ad --1 • SS L---- —`�--J ...bf -0 0 i r • \ •\\ "� `° . 1. P Jr • \ _` u, \\\6\\ //. • \ `�' \� i —V- gip47- ti _.\ • .1--------1, 00 09C M.iV,Ct.ON :1 CC S 0 Agenda Information Memo November 15, 1988, City Council Meeting B. PUBLIC WORKS DEPARTMENT Item 1. Presentation of Award By Dakota County Soil & Water Conservation District --The City of Eagan has recently been selected as the recipient of an annual award given to an individual or agency in recognition of their efforts in practicing conservation measures within Dakota County. Enclosed on page Li- is a letter from the Dakota County Soil & Water Conservation1District (SWCD) informing the City of our selection. Chairman Dwain Otte, District Representative Dorothy Waltz and Administrator Tim Kelly would like to personally present this award to the City at the Council meeting of November 15. ACTION TO BE CONSIDERED ON THIS ITEM: No action necessary beyond acknowledging receipt of award. 3 MINNESOTA SOIL. AND WATER CONSERVATION DISTRICTS DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT November 8, 1988 Vic Ellison, 'Mayor City of Fagan 3830 Pilot Knob Road Fagan, !-tinnesota 55122 Dear Mayor Ellison, Farmington Professional Building P.O. Box 129 821 Third Street Farmington, MN 55024 Phone: (612) 463-8626 The Board of Supervisors of the Dakota County Soil and [•later Conservation District would like to congratulate and recognize the city of Eagan as an Outstanding Conservationist in Dakota County. Each year the uoard of Sunervisors recognizes, through its Outstanding Conservationist Award, an individual, or organization, that has' contributed to the conservation of land and water in the county. This year we recognize the City of Fagan. The City's efforts in erosion and sediment control, and water quality management are commendable and deserve recognition. Also deserving of recognition is the excellent work of Tom Colbert, .ince Foertsch, and Craig Knutson. Their professionalism and cooperation in managing development and making progress in natural resource conservation is exemplary. 7e hope that the City of Eagan and the Soil and f•:ater Conservation District can continue to work cooperatively in conserving the natural resources of the County. ,yin erely, 2, ')-.gain N. Otte, Chairman cc: T. !!ednes T. Colbert./ AN EQUAL OPPORTUNITY EMPLOYER Agenda Information Memo November 15, 1988, City Council Meeting CONSENT AGENDA There are seven (7 ) items on the agenda referred to as consent items requiring 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 Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Combination Building Inspector -- This item was continued from the November 1, 1988 City Council meeting because final interviews for this position were not able to be held prior to that City Council meeting. Those final interviews were held on Thursday, November 4, 1988. It is the recommendation of Director of Community Development Runkle, Chief Building Official Reid, Assistant Chief Building Official Hanson and Administrative Assistant Duffy that Dale Schoeppner be hired for this position, contingent upon successful completion of the City's physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Dale Schoeppner as a Combination Building Inspector, contingent upon successful completion of the City's physical examination requirement. Item 2. Seasonal Utility Maintenance Worker -- It is the recommendation of Superintendent of Utilities/Buildings Connolly that Scott Provost be hired as a seasonal utility maintenance worker. There is funding in the 1988 budget to cover this position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Scott Provost as a seasonal utility maintenance worker. Agenda Information Memo November 15, 1988, City Council Meeting RESOLUTION/PROCLAMATION OF VOLUNTEER APPRECIATION DAY FOR PUBLIC ACCESS B. Resolution Proclaiming November 30 as Eagan and Burnsville Public Access Volunteer Appreciation Day --The Burnsville/Eagan Cable Commission and Cable TV North Central is planning a recognition of all local public access volunteers that have contributed to public access volunteers that have contributed to public access programming in 1988 on Wednesday, November 30. The volunteers will receive certificates of appreciation for the time and effort they have contributed to public access programming. The event will be held from 6:00 - 8:00 p.m. with the official recognition at 7:00 at the local access facility. The commission is suggesting an official resolution that proclaims November 30 as Burnsville/Eagan Public Access Volunteer Appreciation Day. For a copy of a memo from our Cable Coordinator Mike Reardon and the official proclamation, refer to pages —1 through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution proclaiming November 30 as Eagan and Burnsville Public Access Volunteer Appreciation Day. MEMORANDUM TO: Tom Hedges, Requesting Council Action FROM: Mike Reardon DATE: November 7, 1988 SUBJECT: Resolution Proclaiming November 30 as Eagan and Burnsville's Public Access Volunteer Appreciation Day On Wednesday, November 30th, the Burnsville/Eagan Cable Commission and Cable TV North Central will recognize all the local public access volunteers that have contributed to public access programming in 1988. Invitations will be sent to all volunteers inviting them to attend a reception in their honor, from 6:00 to 8:00 P.M. that evening, at the local access facility. The volunteers will receive certificates of appreciation for the time and effort they have contributed to public access programming. In addition, there will be three awards given to those individuals who are recognized as contributing the most hours/programs in three separate categories. The evening's festivities will be cablecast live on Public Access Channel 33, from 6:00 - 8:00, with the presentation of certificates and awards happening at approximately 7:00. On behalf of the Cable Commission I am requesting that this day be proclaimed, by the mayors and councils of Eagan and Burnsville, as the Burnsville/Eagan Public Access Volunteer Appreciation Day. Please see attached Resolution proclaiming as such. Furthermore, I am requesting that Mayor Ellison, or his designee, be available to present one of the three awards to a volunteer that evening. You are all cordially invited to attend this event and will receive a more official invitation in the near future. I will be present at the November 15th council meeting if you have any questions. Thank you. BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY November 30, 1988 WHEREAS, approximately 150 citizens have volunteered over two thousand hours of their time and energy to provide public access programming to the communities of Burnsville and Eagan, resulting in 200 new programs produced to date this year, and WHEREAS, public access programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities which otherwise would not be provided, and WHEREAS, these volunteers receive no compensation for their time and energy spent, other than the occasional recognition by appreciative viewers and citizens, and WHEREAS, the Burnsville/Eagan Cable Communications Commission, in cooperation with Cable TV North Central and their Burnsville/Eagan local access staff, have decided to demonstrate their appreciation by honoring all the public access volunteers, who have provided Burnsville and Eagan with public access programming in 1988, with the Burnsville/Eagan Public Access Volunteer Appreciation Ceremonies on November 30, 1988, NOW, THEREFORE LET IT BE RESOLVED, that I, Vic Ellison, Mayor of the City of Eagan, do hereby proclaim Wednesday, November 30, 1988, as BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY in Eagan, AND, BE IT RESOLVED, that copies of this proclamation be displayed in the local newspapers and the local access facility at 4155 Sibley Memorial Highway, Eagan, Minnesota, as evidence of our esteem. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Eagan to be affixed this 15th day of November in the year of our Lord one thousand nine hundred and eighty-eight. MAYOR Agenda Information Memo November 15, 1988, City Council Meeting PAYMENT/EASEMENT ACQUISITION/GESCO C. Project 554, Authorize Payment For Easement Acquisition (General Electric Supply Company - Storm Sewer) --In order to complete the installation of the storm sewer for the above - referenced project, it was necessary to acquire an easement from an adjacent property owner. This easement acquisition has been negotiated and is being presented to the Council for approval of payment of $500. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize payment for easement acquisition for Project 554 (General Electric Supply Company - Storm Sewer). VACATE-EASEMENT/LOTS 5 & 6 BL 2 BLACKHAWK GLEN 2ND ADDN D. Vacate Utility & Drainage Easement, Receive Petition/Set Public Hearing (Lots 5 & 6, Block 2, Blackhawk Glen 2nd Addition) --On October 6, the Council approved a Waiver of Plat allowing the shifting of a common lot line between Lots 5 and 6, Block 2, of the Blackhawk Glen 2nd Addition located on Ashbury Court in the southwest quarter of Section 16. Although this Waiver results in a shift of the common lot line, the 10' drainage and utility easements centered over the original lot line location remains as is. With the integrity of this drainage and utility easement remaining, the City has no need for its relocation. However, the petitioners have requested that the related common lot line drainage and utility easement be vacated and rededicated over the newly described lot line. Subsequently, a petition has been received to vacate the old underlying easement. The City has received the appropriate documents rededicating this over the new lot line. Therefore, it would be appropriate to receive this petition and schedule a formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a common lot line drainage and utility easement over Lots 5 and 6, Block 2, Blackhawk Glen 2nd Addition, and schedule a public hearing to be held on December 6, 1988. ti Agenda Information Memo November 15, 1988, City Council Meeting FINAL PAYMENT/ACCEPTANCE/SPERRY RESERVOIR E. Contract 87-34, Final Payment/Acceptance (Sperry Reservoir - Repainting) --The staff has received a request for final payment from the contractor (Rainbow, Inc.) along with a certification of compliance to City approved plans and specifications from the consulting engineering firm (AEC, Inc.) for the renovation and repainting of the 0.5 million gallon elevated reservoir located at the southwest corner of Pilot Knob Road and Tower View Road. Because the contract was not completed within the specified completion date, $2,800 of liquidated damages were deducted from the total contract of $72,441. This will be used to off -set the inspection services incurred by the City due to the extended Length of completing this contract. All final inspections have been performed by representatives of the Public Works Maintenance Division and found to be in order for favorable Council action of acceptance for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 3rd and final payment for Contract 87-34 (Sperry Reservoir - Repainting) in the amount of $19,615.40 to Rainbow, Inc., and accept the project for perpetual maintenance. FINAL PLAT/STONEY POINT 2ND ADDITION F. Approve Final Plat, Stoney Point 2nd Addition --The staff has received an application for final plat approval for the Stoney Point 2nd Addition located west of I -35E and south of the Royal Oaks Apartment complex as shown by the plat map enclosed on page Based on the clarification of Condition #13 by Council action on November 1, all conditions placed on the preliminary plat approval by Council action on August 18, 1987, have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for final approval by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Stoney Point 2nd Addition and authorize the :Mayor and City Clerk to execute all related documents. .LNK.@! .1,7Nt)i of 74 NOLti NoL 00 Agenda Information Memo November 15, 1988, City Council Meeting APPROVE SPECS AND AUTHORIZE AD FOR BIDS RECYCLABLE CONTAINERS G. Approve Specs and Advertisement for Bids for Recyclable Containers --Previous action has been take to approve the City of Eagan's commitment and participation in a curbside recycling program. Administrative Assistant Hohenstein has prepared a set of specifications and advertisement for bid documents for yclable containers. The specifications are enclosed on page k.=>. eWThe type of container that is being specified by the City is a two -bin stackable recyclable container. Please refer to the memo with attachments from Administrative Assistant Hohenstein that shows the type of containers that will be used by the City. This information is enclosed on pages IC/ through ACTION TO BE CONSIDERED ON THIS ITEM: To approve the specification and authorize advertisement for bids for recyclable containers as presented. l�- CITY OF EAGAN, MINNESOTA SPECIFICATIONS FOR CURBSIDE RECYCLABLE CONTAINERS GENERAL DESCRIPTION: Two (2) piece stackable recycling container system APPROXIMATE DIMENSIONS: Outside: 20"w X 15"d X 13"h Inside: 18"w X 14"d X 11"h APPROXIMATE WEIGHT: Not to exceed 5.5 pounds per piece MATERIAL: High Density Polyethylene Resin or Acceptable Alternate; with ultraviolet color stabiliza- tion properties COLOR: One (1) container in green to be approved by the City One (1) container in white to be approved by the City MARKINGS: "CITY OF EAGAN" (Both) Recycling Arrow Logo (Both) "GLASS" [One (1)] "CANS" [One (1)] Markings to be stamped or embossed OTHER FEATURES: No fewer than four (4) drainage holes per piece DELIVERY DATE: No later than February 1, 1989 QUANTITY: 14,000 two (2) piece units, initial run Compliance Exception MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT HOHENSTEIN DATE: NOVEMBER 10, 1988 SUBJECT: RECYCLING CONTAINERS In official action taken at its November 9, 1988 meeting, the Solid Waste Abatement Commission recommended that the Council authorize for bid a two-piece stackable recycling container system. Draft specifications for and illustrations of such containers are attached. If you have any questions do not hesitate to contact me. AdiWinistrative Assistant JDH/jeh hrnrcck Curbsidec',jcing Containers Increasing solid waste and decreasing landfill space has resulted in a growing need for curbside recycling. The high cost of waste disposal along with environmental concerns has hastened the need for sound recycling programs. As more communities become involved in recycling, it is obvious that not all recycling needs are the same. Some prefer stackable containers...others require a multi -material, 3 -bag -in -1 container. That's why Shamrock offers a choice of recycling containers, all in durable, strong, injection molded plastic, built to last for years. Shamrock has a nationally proven track record in quality injection molded products for over 40 years. Our recycling containers are now being used across the country in industry as well as residential programs. We take our recycling concept even one step farther...our containers themselves are largely recycled plastic. Look to Shamrock...your partner in progress. All Shamrock Curbside Recycling Containers Are: ❑ Strong, durable injection molded, high-density polyethylene plastic ❑ Rib reinforced for extra strength ❑ Suited for extremes of temperature ❑ Built with solid wall construction to minimize consequences of wind, moisture and ground problems ❑ Guaranteed against any workmanship or materials defects under normal recycling use O Available in two styles for unique needs ❑ Available in a wide variety of colors ❑ Printed as you designate: recycling logo, contents, city ❑ Molded with a high percentage of recycled plastic! C am ocr INDUSTRIES, INC. Recycling Container Division an LDI company 4...Jo-Gainer Our stackable containers are designed to be aesthetically pleasing while maintaining the recycling container identity. They stack easily and securely with the traditional cut-out for quick deposit of recyclable materials. Solid wall construction minimizes refuse littering problems, spills and ground moisture problems. Three -Bag Recycling Container The Three -Dagger is specifically designed to hold 3 expanded grocery bags iZ one direction for a multi -material container. Its height is designed to better protect bags from wind, moisture, dirt and the elements. Refuse stays where it belongs...in the container! A H Punted m U.S A C 5.60-7-280 1,Lq H ❑ Solid wall construction and feet minimize consequences of wind, moisture and ground problems ❑ Strong double reinforced handles make carrying easy ❑ Units stack securely with interlocking feet 0 Large 11.37 gallon capacity each 0 Ribs provide extra strength and stability ❑ Four drainage holes in bottom keep containers cleaner vet don't let broken items fall out ❑ Available in a variety of colors Specifications Model 748 Gallon Capacity: -11.37 Bottom Inside Dimensions: 11"h x 17.50"w x 13.63-"d Bottom Outside Dimensions: 12.63"h x 20.63"w x 14.94"d *Specify color. ❑ Solid wall construction throughout keeps bags drier, better protected from elements ❑ Designed specifically to hold 3 expanded grocery bags in one direction for multiple uses ❑ Rounded off top lip acts as a comfortable and convenient handle ❑ Built taller than conventional 3 -bag units to keep refuse inside bags...not on the ground 0 Available in a variety of colors Specifications Model 695 Gallon Capacity: 20.95 Top Inside Dimensions: 13 7/8"h x 24"w x 17 1/4"d Bottom Inside Dimensions: 13 7/8"h x 21 1/4"w x 141 /4"d *Specify color. Shamrock° Industries, Inc. Shamrock Curbside Recycling... Your Partners in Progress. 834 North 7th Street Minneapolis, MN 55411-4394. U.S.A. (612) 332-2100; 1 800 822-2342 [Toll Free) 1 800 822-2343 [In Minnesota) I T v •p1 c° oma 311,1 pu s asvald incl � 2uiloP {ul a r �u�l�it •s.ta uinitc°9 .�� asnald s {uo u°titu,�ol�a2� flovj p a?I inoqv alu li aplsarin� ssalPV 303, aw,-1 D ‘sg-A IP 4) ,..2, y r, to'% 0 9 .0 r a) o) G O Oy va. • t• �G W4)d O y VI tf, oil ;. G ' • 1 O• �d 04 6 G ;b 7,. 3 0 0 ,, 2 O G •,". v G 0 0 _ w N 3 3 •v ,� i3O v� �c� a17 a$O.G G G i 'S 2. y ''' Nv G w a.) O✓ r- v p ,p c6 Q O. c✓4 s p G G '7' T e3 oD N c3 ,-- 0 �dSI. . ani •N �f�� G G v E O p�• 9 G O•� c.0^* cd fl .4 N ` on U 0. U G O O �. G w T ✓ y G N t1 a • G ' 0%�'� ��'r a) y-0 ! v �ofl�•� 'v 0 'Gopfy a 7 v . i 'y✓ GO . N K O�0svG 43 9 O� Wcl9 G= -.:3.s oD 6. `9 ? 0 0 D W ' 4' c3 •'G.:vd G:Li,$. O G U .G `, -z-z3 v '' GN vC�Q'0�S• Gmi7"0 j' '- = v O- 3 on - °n Sc,), e3 iT yyD" • (:-.1 •� •," 'd'a) w • nO OyY✓cv3� 4.v.. G 'O O J,G N 'es :r i OWN ' O ! ✓ •'o� w RG 0 G • • u.nO i0a;S iiGG E; c). C.) Oq✓vaO-- •G d o e 'dO'i ho Wd i EiQ vv• yiO iO✓'y• p v, v .; % .v 0 aG '4 ✓n `n r1 y W r �GO3-� O u U..,�G.'I''.. Los 1 ?t. \a, 0 0 Z 1‘'1,4\ ri=v, trtte Agenda Information Memo November 15, 1988, City Council Meeting PUBLIC: HEARINGS VACATE PUBLIC RIGHT OF WAY/APOLLO RD A. Vacate Public Right -of -Way, Apollo Road (T.H. 149 to Mike Collins Drive) --On October 18, the Council received a petition and scheduled a oublic hearing to be held to consider the vacation of public right-of-way for that portion of Apollo Road located between Mike Collins Drive and T.H. 149 as shown by the map enclosed on page (2). The portion east of the railroad tracks is being incorporated into the recently approved Dart Transit facility site plan development. That portion west of the railroad tracks to Mike Collins Drive was previously considered for a vacation in 1983 by the 7,8,9 Corporation which wanted to incorporate the unused portion of Mike Collins Drive within this right-of-way as a part of the storage facilities for Northstar Transport. At that time, instead of vacating the public right- of-way, the Council granted a special permit allowing the use of this public right-of-way until the potential need for Apollo Road to T.H. 149 could be verified with future development. With the recent approval of the Dart Transit facility, it is apparent that Apollo Road will never be continued to T.H. 149. Therefore, it would be appropriate to proceed with the vacation of all public right-of-way between Mike Collins Drive and T.H. 149. There presently exists several City utilities within this alignment. Therefore, it will be necessary to retain all appropriate drainage and utility easements while vacating only the public right-of-way along this alignment. Also, legal counsel will be providing recommendations regarding the landlocked issue to the platted lots of record that are being incorporated into the Dart Transit site plan development. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. As of this date, the staff has not received any objections that are not being addressed through the retention of the drainage and utility easements along this alignment. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of public right-of-way for Apollo Road between Mike Collins Drive and T.H. 149. f • a o: • 2 N Y•.• .; 1 Yf • ..r St u N 0 • --- 31441 . WVNfl 2i • • 3 1 0 SY1 r- 0 DESCRIPTION FOR PROPOSED ROADWAY VACATION the north LFI iJ 'C7 O . c G U t7 • .T2 ro .r4 .0 RI W O Ir } U • U 0 G .... in U O U O (I)P 1 1J O 0.1:1 y y cd Q. U7 4a 0 4) 4J ML O ;44t9 O .,4a �O 0 'r 3 0 V x o 0 0 o. a , ° v C71• ^ ▪ 44 'v , ° . o a ▪ (4 4) c9 4) oO r) 0 .0 .G 4-1 ca w •1 H u co W Z 0 .-4 IT and there s Agenda Information Memo November 15, 1988, City Council Meeting FINAL ASSMT HEARING (YANKEE DOODLE RD) B. Project 461, Final Assessment Hearing (Yankee Doodle Road - 35E to Lexington Avenue) --On September 16, a public hearing was held to discuss and consider the proposed final assessments associated with the above -referenced project. At that time, the staff had received written objections from the Federal Land Company and, subsequently, continued the public hearing for 60 days to allow staff an opportunity to resolve those concerns. After further review, the staff concurred that the assessment for the 8' concrete sidewalk should be recalculated and reduced from $16.13/ff to $15.36/ff based on an accurate tabulation of actual costs incurred. With this adjustment, Federal Land has indicated a willingness to remove their objection and concur with the proposed final assessments. Although the final assessment was not certified at the September 16 meeting, Robert O'Neil submitted a formal objection to District Court prematurely regarding the proposed assessments at that time. Further review of this situation indicates that the O'Neil property was improperly assessed at the agricultural rate and should be adjusted to coincide with the recently approved rezoning to a Commercial/Light Industrial type zoning. Enclosed on page is a summary tabulation of the final assessment rates a'fid total dollars as those contained in the feasibility report presented at the original public hearing in February of 1986. ACTION TO BE CONSIDERED AT THE PUBLIC HEARING: To close the public hearing and approve/modify the final assessment roll for Project 461 (Yankee Doodle Road - 35E to Lexington Avenue) and authorize the certification to the County. 0,k PROJECT NO: 461 FINAL ASSESSMENT HEARING SUBDIVISION/AREA: YANKEE DOODLE ROAD FINAL ASSESSMENT HEARING: SEPTEMBER 6, 1988 continued to September 19, 1988 continued to November 15, 1988 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. FINAL F.R. WATER RATES RATES SANITARY RATES RATES Area Area Laterals Laterals lum Q Service—Water $47_314.63 tia,J6n [:]Service Sanitary 0 Lat. Benefit/ D Lat. Benefit/ Trunk Trunk STORK . DArea 0 Lateral $ 9.20/sf $ 7.19/ff sf 17.27/mf 13.50/ff Tilt 21.38 C/I 16.72/ff C/ NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: RATE OF INTEREST: TOTAL AMOUNT ASSESSED: STREETS QGravel Base Surfacing 0 Res. Equiv. • 17 10 9.0% TOTAL AMOUNT CITY FINANCED: $842,518.30 (F.R. _ !t551,212 55) —0— CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: County 28-10 PUBLIC HEARING DATE: February 4, 1986 Agenda Information Memo November 15, 1988, City Council Meeting t OLD• BUSINESS PRELIMINARY PLAT/SENECA/MWCC EXPANSION PROPOSAL A. Preliminary Plat for Seneca Plant Addition/Metropolitan Waste Control Commission Consisting of 87.83 Acres for the Expansion of the Seneca Waste Water Treatment Plant --A public hearing was held by the Advisory Planning Commission at their regular meeting held on August 23, 1988, to consider a preliminary plat consisting of 87.83 acres for the expansion of the Seneca Waste Water Treatment Plant. The APC recommended denial of the plat. The City Council gave consideration to the preliminary plat at their September 6, 1988 meeting. After receiving public testimony and a presentation by the MWCC, action was taken to continue the item until the November 1, 1988 City Council meeting, allowing MWCC staff to address a number of issues that were raised by both the City Council and residents. The City Council concluded its discussion by giving an indication that the preliminary plat would be approved if a proper set of conditions that either resolve or provide for a future resolution of concerns raised by residents and the City Council pertaining to the expansion plans, odor control and future designation of property owned but not used by the MWCC. For a copy of background information that includes staff reports, information supplied by the neighborhood, a response from the MWCC and any other pertinent data, refer to pages 23 through 90 of the November 1 packet. As a result of the November 1 City Council meeting, a memo was prepared by the City Administrator requesting preparation of a document that would outline and specify conditions for the City Council to incorporate as a part of the preliminary plat approval. This memo and a copy of rough notes/comments by the nixe4 resident at spoke at the meeting are enclosed on pages (3) through for your review. A summary of each of the resident's comments is also provided in the text of the official City Council minutes. The City Attorney has involved Becky Comstock, an attorney who is an expert in environmental law with Dorsey and Whitney, to review and assist in the preparation of conditions addressing the odor issue. The engineering firm of O.S.M. who specializes in waste water treatment construction is also being consulted and they will provide an analysis of the odor emission controls proposed by the MWCC. Expenses incurred by the City for outside consultation will be reimbursed by the MWCC. a3 Agenda Information Memo November 15, 1988, City Council Meeting Due to the short time frame, the consultants review and draft conditions will not be finalized for review until Monday. The City Council will receive as a part of their administrative packet on Monday a draft copy of conditions suggested for approval as a part of the Seneca Plant Addition preliminary plat. Our City Attorney's office, City staff, the MWCC staff and other parties will review the conditions Monday and Monday evening. Any corrections will be made Tuesday morning and the MWCC staff will present the set of conditions to their commission at a 3:00 meeting on Tuesday, November 15. The results of that commission meeting will be shared at that Council meeting on Tuesday evening. The City Administrator and Director of Community Development have both been in contact with Betty Bassett regarding conditions that are proposed by the adjacent neighbors. For a cop of those potential conditions, refer to the enclosure on pages through There is a great effort being made by staff, theresident he City's consultants and the MWCC to develop a set of conditions that are workable responsible and enforceable. For a copy of the minutes of the November 1 meeting regarding the proposed preliminary plat for the Seneca Plant Addition, refer to pages through 3 co . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat entitled Seneca Plant Addition with specific conditions as presented with or without modification. MEMO TO: DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT JIM SHELDON, CITY ATTORNEY FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 3, 1988 SUBJECT: MWCC EXPANSION As you are aware, the MWCC proposed expansion of the Seneca Plant was continued at Tuesday's City Council meeting until the November 15 meeting. There appears to be a majority consensus for an approval of the expansion; however, an agreement for a list of conditions to be included as a part of the preliminary plat consideration is necessary. Please prepare the necessary conditions that were suggested by residents, City Council and those offered by the MWCC. I would like the conditions to be spelled out either as a list of conditions for approval in the minutes similar to previous preliminary plat approvals or as a specific development agreement. I will leave this up to your determination. There should also be a memo to this office describing the conditions and how the conditions would be enforced as the City and MWCC proceed with the project. The biggest fear of the citizens is the adoption of conditions that no one can enforce. For your information, some of the conditions that I jotted down are as follows: 1. A condition that would allow for property to be deeded back to the City as parkland. As a part of that condition, this parkland could be redesignated as light industrial at some time in the future if the Wuthering Heights neighborhood is no longer residential. 2. The neighbors requested a specific date at which time there would be no sludge hauling from the site. 3. Tom Egan suggested tight controls, a condition that defines the citizens' issues and the suggestion of a facilitator or consultant to evaluate the odor control regulations offered by the MWCC. 4. Some type of cash escrow as a guarantee by the MWCC. 5. Inclusion of the MWCC recommended conditions. 6. Other conditions that you both feel are appropriate. It is important that we make this item a top priority and prepare the memo and list of conditions for distribution with the packet 25 by next Friday. It is my understanding that some time next week, Betty Bassett will provide this office with some conditions the neighborhood is suggesting be considered as a part of the adoption of this preliminary plat. It is my desire that all conditions be coordinated into one list and presented to the Council for their review to eliminate a great deal of discussion and confusion at the next Council meeting. I have spoken with Betty Bassett and she is in agreement with that format. I have included my rough notes as an attachment of what various residents presented at the meeting on November 1. Keep me informed. City Adininistrtor TI,H/kf c� .sem ,�.�. Q -s (3 o p vin , 3) *-72, sibb 0 c_9 .• . - W _ U � /6(k4 i\o`-4) l C.0+A 2.) 0,+.5\ > c) v3H,„E4-- sk4, eT, c 4 0-w...0 toi (sLo SE3CPr 1\-1 o-.%"4 C 16V DRAFT POTENTIAL CONDITIONS FOR PRELIMINARY PLAT APPROVAL BY THE ADJACENT NEIGHBORS 1. The MWCC and the Senaca plant, located in Eagan, M.N. shall not adopt, employ, or use in any other fashion a public address system for contautibag or ipomnuniaating-_with itis employees, who are working outdoors or outside of its physical plant facilities. This includes all lands, facilities and ponds or other systems on the premise used by the MWCC in or near the Senaca plant. The MWCC has the right to use a beeper system or any other electronic, radio, or communication system which will not create noise or commotion for adjacent property owners. The rationale for this requirement is that there have been many complaints from adjacent property owners and other residents in the surrounding community that the MWCC's present public address system, which utilizes outside speakers creates noises and sounds all hours of the day and ni ;ht.which create a public nuisance and undermines the right of adjacent property owners to the quiet enjoyment of their property. 2. The MWCC and the Senaca plant, located in Eagan,M.N. shall acquire and install permanent covers for all of its settling ponds, aeration pools.other bodies of water, burner ash and sewer sludge accumulations and collections. The rationale for this requirement is citizen concern over community public health from air born bacteria and pollution and the noxious and pungent odors, which have been detected in the past by residents in the Eagan community and environs. 3. The MWCC and the Senaca plant, located in Eagan,M.N• shall disclose the results of all studies and analogies which concern the smoke stacks or alternative methods or plans of sludge disposal to the residents of the city of Eagan. The MWCC will employ and install 'State of the art' smoke and odor suppresion control devices and 'State of the art' pollution controltechnology for the smokestacks located on the premises and 'State of the art' odor control devices at the lift station, metering, and pumping station near Nichols Road. The completion date for these devices will be June 1, 1990. The MWCC and the Senaca Plant, located in Eagan. M.N. also agrees to make all pollution control, smoke and odor analysis that are made whether preliminary or final available to residents of the city of Eagan upon request. The rationale for this requirement is the smokestacks and other Senaca facilities, such as the lift station, the metering station, and the pumping station have produced smoke page 2 and odors, which the residents believe constitute a public nuisance and interfere with the quiet enjoyment of their property. 4. The MWCC and the Senaca plant,located in Eagan,Ivi.N. will not dispose of excess soil to the west of the existing plant. as stated in their conditions. 'i • The MWCC and the Senaca plant, located in Eagan, M.N. shall agree to ,after they have acquired the Vogelpohl property, deed to the city of Eagan for an undeveloped wild life refuge all that Vogelpohl land South of the railroad tracks and West of the Bassett East property line.This will provide a buffer zone for the agricultural land and residential areas on Silver Bell, Wuthering Heights, and Nichols Road. 6. The MWCC agrees to estaIlish a..tinst fund with assets of four million dollars with the city of Eagan,which will be used to acquire the real property of the 16 adjacent property owners on Silver Bell Road, Wuthering Heights Road, and Nichols Road in the event they cannot otherwise dispose of their property for fair market value, as if it were not affected by its proximity to the Seneca Sewer plant.This will be an option for the property owners, their spouses, and their children at any time in the future. rp / • This trust will be established and funded no later than June 1, 1989. The trust will be devised and drafted on terms and conditions agreeable to the MWCC, the City of Eagan,and the 16 affected property owners. If the parties do not come to a trust agreement on the terms and conditions of the trust, then a board of arbitration shall be convened, consisting of three nuetral arbitrators, appointed by the American Arbitration Association, who shall be empowered to cause the establishment of a trust and to require its funding by MWCC. In the event of a violation of any term or condition herein, any person or party affected by the violation shall have the right to sue for damages and injunctive relief to remedy or cure the violation. Any prevailing party shall be awarded all attorney's fees and costs from the MWCC and the City of Eagan. 3 1JV t+'1 ll l7 1J • Page 5/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Addition and schedule a formal public hearing to be held on December 6, 1988. Item 0. Vacate Put?,, icR, -W. a , - Easemenr,S. Sunwood Court and Sunrise Hills Addition. ., 0 D na It was recommended to receive the petition to vacate the public right-of-way for Sunwood Court and drainage/utility easements within a portion of Sunrise Mills Addition and schedule a public hearing to be held on December 6, 1988. WachfPr moved, MrCrPn sPrnnr1erl, the mnti.on to approve tho foregoing consent agenda items and authorize their implementation. All voted in favor. VACATE PUBLIC RIGHT-OF-WAX/SAFARI PASS Public Works Director Tom Colbert informed the Council that a petition had been received to consider the vacation of a portion of the public right-of-way for Safari Pass. He stated the excessive public right-of-way was acquired by MnDOT as a part of the I-35E/Cedar Avenue freeway construction and subsequently was turned back to the City. All notices had been published in the legal newspaper and sent to all potentially affected utility companies. Staff had not received any objections to the proposed vacation. McCrea moved, Wachter seconded, the motion to close the public hearing and approve the vacation of a partial right-of-way for Safari Pass. All voted in favor. PRELIMINARY PLAT/SENECA PLANT ADDITION/MWCC City Administrator Tom [Iedges summarized the history on the matter. Community Development Director Dale Runkle gave a short presentation on the location, size, zoning concerns, operations, odor quantification and the peat movement. A representative for MWCC gave a brief history of the proposal. Bob Isaacson (MWCC - Engineering Division) explained the purpose of the upgrade consisting of a one-third capacity increase. He stated the project must be completed in 1992 which would necessitate construction beginning in 1989. He reported that the two issues which needed to be resolved regarded the odors and the stacking of the excess peat. He also presented an evaluation of the cost for the eastern expansion. He presented letters to the Council from the MCC. Mr. Isaacson described the neighborhood meetings which resulted in two resolutions: 1. Evaluate the best odor control technology. ,3 l Page 6/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 2. Move the peat (which would cost $1.7 million). He stated there are six potential conditions: 1. Cdor control systems. 2. Cost and schedules for odor control. 3. Meetings with the Eagan citizens. 4. Solve the Nichols odor problem. 5. Peat disposal. 6. Building permit issuance contingent on meeting all condi tions. He impressed upon the Council the need to proceed and requested approval. Councilmember Egan commented that there were many unanswered questions and that the present plant has problems. He questioned if these problems would be solved before the expansion. He questioned why the 1992 completion date and ie the existing problem with the odor would be addressed. He questioned the type of technology to be uses, and the results. He asked what assurances the City would have that the processes would be implemented once a permit was issued. He also asked if the incineration would be discontinued. A representative for MW CC explained the incinerator options. He stated the incinerator is an odor source and very expensive but that it may be phased out. He stated there are many options to examine. They are proposing state-of-the-art odor control. Councilmember Egan questioned if the controls were quantifiable and if they were guaranteed. The developer stated they were quantifiable and estimated that 95% plus of the odor would be removed. He stated there were specific odor units designed to more thae adequately treat the odors. Jim Hiniker informed the Council that the 1992 date was necessary as the EPA demanded the earliest possible date. He explained the technology of the incinerator. Councilmember Egan questioned if the liquid process would be evaluated. The developer stated the MCC directed the incinerator investigation. Egan questioned if the City had methods to monitor compliance. Mr. Colbert stated that perhaps it could be monitored through the County Health Department. Mr. Hedges informed the Council that monitoring had been discussed at the staff level. NaM Page 7/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 ,395 P05 Councilmember Gustafson questioned if the City monitored and found non-compliance, what the City's next step would be. He felt the 1992 date was unreasonable and MWCC should go back to the EPA. He had concerns regarding the odor problem and questionea why it was recurring and asked if the state -of. -the -art technology was used in the past. The developer explained past methods used. He stated the new plant would be remodeled. Councilmember Wachter was in agreement with Mr. Egan and Mr. Gustafson. He stated r1WCC's track record was not good. Councilmember McCrea applauded the efforts of MWCC but needed further assurances to feel confident of future performance. The developer further explained the odor controls ana stated a program of monitoring could be developed in conjunction with the City. It is the intent of MWCC to make the facility a good neighbor. Councilmember Egan questioned if there was any supervision in the consent decree to meet the standards. The developer stated there is no specific language addressing the odors and explained the origin of the.consent decree. He further stated that the EPA wantea a taster schedule. Councilmember Wachter asked for an update on the long-range plan. The developer summarized the long-range plan. Wachter questioned why Eagan should bear the entire burden. The developer stated that Blue Lake, Empire, and Stillwater were also involved. Terrell Fridley (Attorney for Citizens Against Seneca Expansion) informed the Council_ his client opposed the expansion and that the Council should take the opportunity to make MWCC live up to its promises. He stated his client would discuss the following issues: 1. History. 2. Construction plans. 3. Environmental. 4. Wildlife. 5 Odor. 6. Traffic and noise. 7. Property valuation. NU') U-+ 'cd lo: H5 'sks *toil Page 8/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 8. Other residents. 9. Future impact.. t-'Ub Betty Bassett, 2101 Wuthering heights Road, reviewed the history of the meetings with MCC which, she stated ended in unsatisfactory results. She also reviewed the past history of MWCC lawsuits and the Seneca plant. She read her letter dated August 29, 1988 to the Council. Mayor Ellison asked which conditions were acceptable to the neighbors. Ms. Bassett stated the piling of peat. John Wesley, 1747 Bluehill, stated he felt MCC was trying to create a regional sewage center. He commented on the construction plans and expressed concerns regarding the zoning. He stated he felt it should be Heavy Industrial. Eric Swanson (Citizens for a Better Environment) had two main concerns; one regarding the 1992 deadline, the water standards not being Met, the expansion and the EPA standards. His second concern regarded no discharge limitations for toxic chemicals. Al Arends, 2133 Silver Bell Road, asked for the value of the equipment. He stated carbon filters did not work and had concerns regarding the incinerator, the monitoring, and zoning. He stated he felt property in the area would be devalued. Gary Mehrhoff, 2127 Silver }3e11 Road, had concerns regarding the traffic and the loudness of the PA system. He stated the area was used for recreation and urged rejection of the proposal. Mary Ranerine, 3785 Nichols, submitted a letter to the Council and urged rejection. She had environmental and wildlife concerns. Gerry Johnson, 3778 Golden Hill Terrace, informed the: Council he telt the plant was too close to the housing. He had concerns regarding the odor and the environment. Mr. and Mrs. Sire, 2139 Silver Bell, informed the Council they were denied their mortgage because of the plant proximity to their house. They also had concerns regarding taxes. Ted Tennis, 2135 Wuthering Heights, had concern:: regarding iut.ure expansion and urged rejection. Mike Hazel, 2129 Silver Bell, outlined the Seneca service area anu stated he had concerns regarding future expansion. 33 NOV 04 ' 88 16:25 i•1RS Page 9/EAGAN CITY COUNCIL MEETING MINUTES November 1, 19138 S35 P07 Loren Voigt, 4281 Svensk, stated he works for the PCA and was involved with the consent decree. He informed the Council he was available for questions. Councilrnember Egan requested clarification of: the Seneca violations. Mr. Voigt explained the violations. Mayor Ellison questioned the air quality. Mr. Voigt stated he was uncertain. Mr. Sheldon asked if air quality could be measured. Mr. Voigt statea he was unsure but he would contact the state at the department. Mr. Sheldon had questions regarding odor control. Mr. Voigt sucnrnarized the controls and stated there were air quality people on staff. The attorney for CASE summarized their presentation. The developer informed the Council that they had tried to answer the citizens' concerns and felt that the zoning was a City issue. He also stated the Blue Lake sludge would be phased out. Councilrnember Egan questioned the firmness of the plans. Councilrnember Gustafson stated he felt the plans should have a time frame. The developer stated that back in 1972, the plant capacity was foreseen before the year 2000. He stated he could not address the property valuations and that there were no plans for future expansions. Mr. Gustafson questioned what would prevent future expansions and further questioned the expansion plans. There was much discussion regarding future expansion. The developer stated the land to the west was a buffer. And that the land could be deeded to the City. He stated he felt they had fulfilled the City plat requirements. Councilmember Egan stated his concerns regarding the sludge hauling. The developer stated that Seneca was a regional center ana that the costs would be associated with efficient requirements, not the expansion. He also stated they could not let all of the contracts at the present time and that the industrial uses would increase. He stated the present carbon filters were too small and that the PA system was being replaced. He also stated the construction would not begin until 1992 and outlined the percentages of future growth. Mayor Ellison had questions regarding the plans for the scrubbers on the stack. He asked if the ponds would be covered. The developer stated no, but that they would reconfigure their plans to improve the tank circulation. =95 Pub Page 10/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Mayor Ellison questioned if a zoning change was needed. Mr. Runkle stated it could be allowed in an L-1 zoning district. Mr. Sheldon stated the zoning had never been questioned in the past and .it would be difficult to change it at the present time. Councilmember Gustafson stated he felt three things would not change whether they denied or approved the project; odor, market value and surrounding zoning. He stated a potential solution may be to buy out the neighbors instead of moving the peat pile. Councilmember McCrea questioned if Seneca violated the conditions, should the City impose sanctions. Mr. Sheldon questioned if the City wanted to get into the waste water management business. He stated if they did, he felt the staff was not qualified at the present time. McCrea stated the City should have a way of dealing with it on an on --going basis. Mr. Sheldon had enforcement concerns. McCrea questioned the disposition of the west land. The ceveloper stated it would be used as a buffer. McCrea questioned continuing the matter for further review. Mr. Egan stated they had already passed the 120 -day period. The developer stated he felt delays would not solve the problem and questioned if they could agree on a process and have the enforcement as a condition. Councilmember Gustafson stated the City already had six conditions and there were tour or rive others from the citizens and other City conditions. He suggested continuing the matter until the November 15, 1988 meeting to compile all of the conditions. Mayor Ellison stated he felt the matter should only be continued if the Council were going to move forward. McCrea stated she favored eventual approval for several reasons and if the conditions were assured, she would feel comfortable. Mayor Ellison recapped his experience in researching the plant. He stated MWCC had not dealt well with the past problems. He stated he had two objectives; one being to mitigate the odors. He also seated the plant must have the capacity for the future and that MWCC seemed serious about solving the problems. He also stated the odor problems would be less in the future. He felt the City would be better off to allow the expansion. He supported having conditions for approval. Councilmember Gustafson supported the Mayor's Comments and felt it: was better to go forward but they needed time to set up the list of conditions. He reiterated he telt the matter should be continued. CouncilmemI er Egan questioned if there were plans to re -zone. Mtn. Runkle stated there were no plans to re -zone. 35 iiUV U4 'bd lt:cr i;Hb 75 I -'U9 Page 11/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Mr. Egan stated he was skeptical of allowing MWCC to go forward based on the prevent information that war; available. He felt the conditions still left the control to the MWCC and he wanted the controls more tightly established. He agreed with the neighborhood issues and tel there was a need for a facilitator to control the conditions. He also telt there was a need for a zero base co establish the criteria. Ile felt a change in plans should require a variance and that the buffer issue needed to be addressed. He asked if the City should seek professional consulting advice. He telt other agencies should impose Lines and that it was nut d City responsibility. Councilmember Wachter stated he felt Eagan had a right to establish the ratio of costs for the plant and that the neighbors should get something for their burden. Mayor Ellison asked if two weeks would be long enough to continue the matter. City Administrator Tom Hedges stated two weeks would be sufficient time to work on the conditions, however, it may not be sufficient time to obtain a consultant. Councilmember McCrea questioned if MWCC was agreeable to a two-week delay. The developer stated their plans were not complete and that a two-week delay was fine. The developer questioned it it could advertise for bids. McCrea moved, Gustafson seconded, the motion to continue the matter for two weeks until, the November 15, 1988, Council meeting to allow all or the parties in good faith to establish conditions with the staff and a third party (at the discretion or the staff) , review the conditions and present them to the Council for their review. All voted in favor. CONTRACT 87-26/CHANGE ORDER NO. 3 (WESCOTT ROAD - STREETS) City Administrator Torn Hedges updated the Council on the Contract and Change Order No. 3. Gustafson moved, Egan seconded, the motion to acknowledge the correction and reaffirm previous approval of Change Order No. 3 in the amount of $16,107.32 to Contract 87-26 (Wescott Road - Streets) and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. STONEY POINT 2ND ADDITION/CLARIFICATION OF CONDITION Public Works Director Tom Colbert informed the Council of the necessity to clarity condition 13 oL the Stoney roint pre:llmindLy plat. 3� Agenda Information Memo November 15, 1988, City Council Meeting PRELIMINARY PLAT/ROSEAGAN ADDITION B. Preliminary Plat, Roseagan Addition/Holck Company of 24.78 Acres Consisting of Four Five Acre Single Family Lots (Lots 1- 4) and One 3.3 Acre Lot (Lot 5) for Existing Business Use and a Variance for Lot 5 as to a Minimum Lot Size in an Agricultural District --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on October 25, 1988, to consider a preliminary plat entitled Roseagan Addition consisting of four (4) five -acre lots for residential use and one lot for the existing business use of 24.78 acres. The APC is recommending approval of this item. This item was originally scheduled for the November 1, 1988 City Council meeting, however, at the request of the developer, the item was continued to the November 15 meeting. For a copy of the staff report APC minuted and other pertinent information, refer to pages Sy, through ,S . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat and variance to the Roseagan Addition as requested by Holck Company. CITY OF EAGAN SUBJECT: PRELIMINARY PLAT, VAR:: .\NCE - ROSEAGAN ADD. APPLICANT: HOLCK COMPANY LOCATION: SW 1/4 OF SECTION 36 EXISTING ZONING: AG (AGRICULTURAL) DATE OF PUBLIC HEARING: OCTOBER 25, 1988 DATE OF REPORT: OCTOBER 18, 1988 REPORTED BY: PLANNING & ENGINEERIN: DEPARTMENTS APPLICATION SUMMARY: An application has been-ubmitted requesting a Preliminary Plat for the Roseagan Addition Insisting of four five acre lots for residential use and one lc'• for the existing business use on 24.78 acres. This site is lc ated between Dodd Road and Highway 3 and incorporates a small arc.. in Rosemount. In September:. 1988 an application to rezone t. 1 property .into six 2.5 acre R-1 (Single Family) lots and one GB (C -neral Business) lot was denied by the Advisory Planning Commissi-n and the owners withdrew the application prior to City Council •aview. The revised plan is a direct result of the action take.. by the Advisory Planning Commission. Sewer and water is not s •lilable and the APC was concerned with setting a precedent of rezor.l_g land into areas smaller than five acres. The Comprehensive G-...f.de Plan designates this area D -II (Mixed Residential - zero to six units per acre). All five lots meet the agricultural 300' minimum lot width requirement and the lot areas were calculated on a net basis (excluding street R.O.W.). Lot five containing the business has 3.3 net acres and will need a Variance. The s?te is open grassland and all house pad locations provide nice view; into Lebanon Hills Park to the west. Since the business lot doe.: not have utilities or General Business zoning, any expansion is not desired. GRADING/DRAINAGE/EROSION CONTROL: No site t,.ading is proposed as a part of this preliminary plat applicLtion. The existing topography of this site ranges from a lc i elevation on the northeast corner of this site of approxim: ely 923 to a high elevation of approximately 975 in the west central portion of proposed Lot 3. The majority of the site generated storm war :r runoff is conveyed generally overland to the existing low z.. ea located in the westerly adjacent Dakota County Park. Thi:: low area, designated as Pond LP -22, is a designated ponding z.:ea in the City of Eagan's Comprehensive Storm Sewer Plan. UTILITIES: No water main or sanitary sewer service is available to the proposed development. The developmer:._ is proposing onsite well and septic systems to serve each -platted parcel. The development will be responsible for obtain-: 1g all City, County and State approvals/permits associated w�•.n well and septic system installation. STREETS/ACCESS/CIRCULATION: No driveway ac ess is proposed from the easterly adjacent State Trunk Highwal #3. Local street access is readily available from Farm Road and Dodd Road on the north and west respectively, and from 1)th Street West in Rosemount along the south. Farm Road and Dt.-:;d Road were recently upgraded to a 24' wide bituminous surface 'ral section. roadway under public improvement Contract #88-25. EASEMENT/RIGHTS-OF-WAY/PERMITS: No additional right-of-way dedication is anticipated for Dodd and Farm Roads. The roadways are presently designated local residential roadways and, at this time, are not intended to be upgraded to a '.-.Jgher classification roadway. The development is responsible for obtai _ng all regulatory agency permits within the appropriate time :ame as required by the affected agency. PUBLIC STREET/UTILITY FINANCIAL OBLIGATIONS: A search of City special assessment records shows that the 1.:;rcels proposed for platting at this time have not fulfilled any assessment obligation or have been levied any assessment for public streets and utilities. The following pending assessment is identifi...1 for the bituminous surfacing of Dodd Road under Project #515: PROJ # DESCRIPTION 515 Dodd Road Surfacing 515 Farm Road Surfacing RATE $5.80/ff 5.15/ff TOTAL PENDING ASSESSMENT OF RECORD c/1 QTY ;'.',370 568 AMT $ 7,946 2,925 $10,871 The following financial obligations are ide_.tified in accordance with present City policies for past infrastructure improvements to serve the development as well as future:.treet improvements. DESCRIPTION Sanitary Sewer Trunk Water Trunk Storm Sewer Trunk Street RATE $1,365/ac 1,315/ac .056/sf 48.05/ff QTY AMT 23.3 23.3 1,014,9.0 1,370 TOTAL PROPOSED FINANCIAL OBLIGATI NS $31,804 30,630 56,837 65,828 $185,109 All final financial obligations will be calculated based on the quantities and dimensions in the final plat and in accordance with the rates in effect at the time of th2'final plat approval. ROSEAGAN ADDITION CONDITIONS: 1. These standard conditions of plat appro\.'1 as adopted by Council action on September 15, 1987 shall complied with: Al, B1, B3, C2, El, F1, and G1. 2. No expansion of the existing business c• Lot 5 shall be permitted. 3. The well and septic systems shall conform t. WPC 40 standards. �,o STANDARD CONDITIONS OF PLAT APPL)VAL A. Assessments 1. This development shall accept its ad..itional assessment obligations as defined in the staff's report in accordance with the final plat dimen:ions and the rates in effect at the time of final plat ap: roval. B. Easements and Rights -of -Way 1. This development shall dedicate 10' d:ainage and utility easements centered over all common loz lines and adjacent to private property or public right-ot-way. 2. This development shall dedicate, prow .1e, or financially guarantee its proportionate share L.f the acguisition costs of additional drainage, pon:ling, and utility easements as required by the alig.:ment, depth, and storage capacity of all required pL:.lic utilities and streets located beyond the boundar'_..s of this plat or outside of dedicated public right -of -./ay as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimite development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate ade...:ate drainage and ponding easements to incorporate the r.rquired high water elevation necessitated by City storm wz.:er storage volume requirements. C. Plans and Specifications 1. All public streets and utilities nec.:;ssary to provide service to this development shall 'be designed by a registered professional engineer in acLordance with City codes and engineering standards a .d policies, and approved by staff prior to final plat alproval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul -de -qac constructed in accordance with City engineering stand:.rds. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private treets shall be constructed within the required sight -of -way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat .)proval. E. Permits 1. This development shall be responsible f r the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its )arks dedication requirements as recommended by the A .•isory Parks and Recreation Commission and approved by 1 ;uncil action. G. Other 1. All standard platting and zoning co "litions shall be adhered to unless specifically gran ,d a variance by Council action. Advisory Planning Commission C..ty Council Approved: August '25, 1987 Septc-iber 15, 1987 Revised: LTS#2 STANDARD j 4+ ./ 1- •, xxx.xxxx r..d.� . .I �0N ,ct r•,t Ore8 l I 1 1} 1 ll i. I zl O • cy a ,ri 109.• S• .f F�: c i i:. .rr xf0KdGY)I M rY o • rl ! Y-< 't I. W all t— o - O ..1 . 3. L.9 :. DELMC.R H SCHWANZ LAND SURVEYORS a 2 v :1i W 74 y 0 z '_' •!--,--;: Cr W L. . Y C I 11.1an a u c SI IC 0.4 at 1 ab„ • :r `•� i_ •0. .I 011 1. P. • • .'r•I .c.nY 1 1.41 1r.YpY 1f .. c'S L1.. L 0 1 STREET IMPROVEMENTS - S,•4•C• ‘4•,,••c•fg I 146 _ I .'"' • ON /6 IS 1 . 2 ..,. • - • •-•:•-_i:1,..:•:•”:.:•:•••••••••••!•.?••:•••••':?:•:"2-::••"1":'9'...:',..: - • ' !?.,..,..-...:;•.:•:••••• • • • • ••• .i • • , , . '• 1-0 c"*„3 0 CC ° 2 1,2,1 Ir • 0. -h.•`-1- • 7.1• H.•,., AI .• i; STORM SEWER TRUNK - 23.3 ACRES : 2 '41 9* • s 4.0* •:.• 777-1-(„:---,'1-7-1—yc:',":".‘" ,-, , '. ,...;.:,:•,;:;.:?;z:.:,.........:.:1;:::::.:.:- C•.:-:•::*•:-.;4'$':'.*:•••:•'..4..17'.'0.,,em."-•. "I Va.::. • ) 0. • ;:i:::. • •:•.•:•:•%::::............ ....:i X.:.:1:•:':1.344.1i.j..:::::.::::::::**:.:.:'...:'..... 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L---� - r - -+ 12" J12" 1 -' ) 1 �13 1' 1 12" `7Jif . M..;.<.)'Z c —.-w — .— —MI 60.9/74 0 192 -_r -SSWV R 23 ::SUBJECT PARCEL . WATER MASTER PLAN r-. FIG #3 approved: standard plate *: . .SUBJECT PARCEL. EL city of eagan PUBLIC • WORKS DEPARTMENT SANITARY SEWER MASTER PLAN *a\ FIG #2 approved: standard plate if: • 893.6 888 5 • • • .P -37 878.3 12 4 „ 6 LP -3 5i LP -34 480 6 870.5 879.0 88 8620 egao • 8.5 864.5s!, • „ _1422_ y , • LP -46- 8792 -- 881.5 • T.5 L.S.-24 L -h a 1 - 115" 890.7 1' 894.0 LP -33 2:-.4 886.3 ' • 889.6 LP -65 • • - • • LP -45 10.; oz‘ 21 LP -24 '..51 883.2 '.0 886.0 ‘2! s 2* LP -25 924,7 9270 • LP-• 1 `.907. I 9 /0 • • r LP -47 LP-49.ry 9080 917.4 9/0.6 0 919.0 LP -29 _ <3. 912.915.0 • - . :VLP-28 3)2..-0/ .1 . . LP -'27 922.0 925.4 LP -26 920.2 ,923.6 LP -19 900.2 903.0 LP -22 901 0 904.0 LP - 90; 9 It I.; 7 • LP -23 925.3 930.0 -1 LP -17 city of eagan PUBLIC WORKS IDE PARTMEN ,•! SUBJECT PARCEL. STORM SEWER MASTER PLAN F1G# approved standard plate *: Page 2/PLANNING COMMISSION MEETING MINUTES October 25, 1988 Merkley moved, Trygg seconded, the motion to approve the September 27, 1988, Advisory Planning Commission minutes as amended. All voted in favor. At this point, Chairman Pawlenty briefly explained to the public she APC procedure for meetings. He also congratulated Dale Runkle on his promotion to Community Development Director. ROSEAGAN ADDITION - HOLCR COMPANY The first public hearing of the evening was convened by Chairman Pawlenty in regard to a preliminary plat, of 24.78 agricultural acres consisting of five lots and a variance for one lot under five acres located along the west side of Highway 3, south of Farm Road in the Southwest Quarter of Section 36. Assistant City Planner Jim Sturm informed the Commission that in September of 1988 an application to re -zone the property into six 2.5 acre single family lots and one general business lot was denied by the Advisory Planning Commission and the owners withdrew the application prior to City Council review. He stated the revised plan is a direct result of the action taken by the APC. City Attorney Jim Sheldon pointed out that if the Commission approved the application, there should be an addition of a condition stating that Lots 1 through 4 should be limited to one single family residence. Mr. Hoick, applicant, summarized the changes for the Commission. He had concerns regarding the assessment for sewer and water and requested its removal. He stated the sewer and water would never be used and questioned the residential requirement. City Attorney Jim Sheldon explained the rationale for the residential requirement and stated it was to prevent agricultural/commercial use. Public Works Director Tom Colbert stated the assessment was for costs incurred by the City to allow all property in Eagan to develop to their full available use. The developer stated the neighbors were opposed to the sewer and waver amount as they felt it would make the land unmarketable. John Runkus, 4880 Dodd, informed the Commission he was opposed to the sewer and water. Commissionmember Graves stated that the Commission had opposed the development in September of 1988 because there were no utilities and that staff was now recommending charging the full rate. He stated he felt it was unfair. He questioned if there were any answers on the S� Page 3/PLANNING COMMISSION MEETING MINUTES October 25, 1988 non -conforming use of the area and relocation of the business uses. Mr. Sturm informed the Commission that pole -barn buildings are consistent with agricultural zoning. Commissionmember Voracek asked the City Attorney if the condition was added to prevent pole -barn buildings. Mr. Sheldon stated the major objections were agricultural/commercial uses. He stated that the five acre lots were to allow residential development, and that by the time it was before the Council, the condition would be more accurately worded. Mr. Voracek indicated that allowing additional buildings such as pole -barns would concern him. He questioned the limits of expansion. Mr. Sturm stated it could be tied to R-1 uses and it would prevent heavy uses. He reiterated that pole -barns are allowed in agricultural zoning. Commissionmember Graves questioned if the City could monitor the matter at the building permit stage. Mr. Sturm stated it could be reviewed at the building permit stage. Chairman Pawlenty questioned if the deferral of assessments was for trunk and street. Mr. Colbert stated it was for just street; that trunk commitment had already been made. He further stated the City required orderly growth. Commissionmember Wachter questioned if the properties to the north had been assessed. Mr. Colbert stated portions had been assessed and that as the improvements continue to the south, others would be assessed. Commissionmember Wilkins questioned if the policy was that when development or improvements go in, the assessment is made. Mr. Colbert stated she was correct and that staff tries to identify the need up front. Commissionmember Merkley informed the Commission he felt there must be a mechanism to trigger assessments. There was much discussion regarding assessments. Commissionmember Graves stated the City was limiting to five acre parcels and that the potential for growth was there but he questioned how the developer would regain his money. He stated he felt the developer would be unable to sell the property. Commissionmember Trygg questioned why the appropriate time to assess would not be when the lots were split. Mr. Colbert stated that the opportunity may not arise. Mr. Voracek informed the Commission that the matter was discussed by the Council previously and the Council had concluded that assessments were proper. Chairman Pawlenty questioned if the lots were worth the price that the market requires. Mr. Colbert stated the land use guide should be referred to regarding the matter. Commissionmember Graves stated he felt the issue before the Commission was the preliminary plat and that the assessments were the developer's concern. The developer informed the Commission that the City requested they not develop small lots. He further stated that they had proposed smaller lots and that they were frustrated over the limited options. Page 4/PLANNING COMMISSION MEETING MINUTES October 25, 1988 Commissionmember Wilkins questioned if a condition could be added to prevent other businesses if the existing businesses leave. Mr. Sheldon stated they could if they were non -conforming use; however, if it were agriculturally permitted use, it could not be prevented. Wilkins stated she felt monument sales was not an agricultural use. Trygg moved, Graves seconded, the motion to close the public hearing and approve a preliminary plat of 24.78 agricultural acres consisting of five lots and a variance for one lot under five acres located along the west side of Highway.3, south of Farm Road in the Southwest Quarter of Section 36, subject to the following conaitions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, Bl, B3, C2, El, F1, and Gl . 2. No expansion of the existing business of Lot 5 shall be permitted. 3. The well and septic systems shall conform to WPC40 standards. 4. Lots 1 through 4 shall be limited to one single family residence. All voted in favor. Commissionmember Trygg asked that the Council discuss the assessment issue and deferment of the street assessments until the street is upgraded. CONDITIONAL USE PERMIT - LINVILL PROPERTIES INC. Chairman Pawlenty opened the next public hearing regarding a conditional use permit to allow a car wash/Rapid Oil Change ana a pylon sign on Lot 6, Block 1, Thomas Lake Center Addition along Thomas Center Drive in the southwest quarter of Section 28. Assistant City Planner Jim Sturm informed the Commission an application had been submitted requesting a conditional use permit to allow an automobile service station and car wash facility at the Thomas Lake Center. He further stated that Rapid Oil Change is the proposed user on the west end of the building with full-service and time -metered self -serve car washes on the east side. The site plan had been modified closing the southeast curb cut so cars leaving the self -serve area had an ample drying time. He stated staff was recommending a signed 30 -foot wide exit only opening to the west. Public Works Director Tom Colbert summarized the project for the Commission and requested an addition to proposed condition number S3 Agenda Information Memo November 15, 1988, City Council Meeting NEW BUSINESS AUTHORIZATION/LEASE - PURCHASE COPY MACHINE A. Copier, Authorize Lease/Purchase for Municipal Center Copy Machine --Included in the 1989 budget is an increased allocation for leasing a new copy machine. A committee consisting of Administrative Assistant Witt and Departmental Secretaries have visited a number of vendors and participated in demonstrations of possible copiers. From information they gathered as well as help from the State of Minnesota, the request for proposal was sent to Xerox and Kodak in late October. Given the number of copies run per month and the copies per minute requirements, only the large Xerox and Kodak units will meet current and projected copy needs. Unfortunately, these requirements translate to the more expensive machines. Proposals were returned to the City on November 9 and have been analyzed. A,me,p9 prepared by the Director of Finance is included on pages $ i ., Copies of the request for bids and the responses are available if any member of the City Council would like to review that material. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recommendation of the City staff to acquire the Kodak 235AF copier through the three-year lease/purchase option and to direct the staff to process the necessary agreements. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: NOVEMBER 10, 1988 SUBJECT: ANALYSIS OF COPIER BIDS Attached are copies of the proposals received from Kodak and Xerox in response to the City's request for bids on a new copier for the Municipal Center. While the machines are slightly different in terms of technology and certain functions, staff feels that either the Kodak 235AF or the Xerox 1090 would meet the City's copy needs at this level of the Municipal Center. Bid prices were requested for: 1. Purchase 2. 3 -year Lease/Purchase 3. 5 -year Lease/Purchase The responses were as follows: Kodak 235AF Xerox 1090* Purchase $49,475 $56,250 3 -•Year Lease/Purchase $1550.55/Mo. 8.49% $1652.97/Mo. 8.0% 5 -•Year Lease/Purchase $1026.11/Mo. 9.29% $1069.56/Mo. 8.0% *Proposed as trade-in prices. Outright purchase is $80,750 which would also cause increases to the 3 and 5 year lease rates without trade. Maintenance cost bids were also requested and are as follows: Monthly Base Cost Kodak 235AF Xerox 1090 $425.00 $978 Which Includes 125,000 copies Per Copy Charge $.0050 For All $.0057 For All copies in excess of 125,000 per month Both firms are offering to waive maintenance costs for nine (9) months from the date of installation. Given the above responses, the monthly maintenance costs will be less on the Kodak to approximately 110,000 copies per month at which time the Xerox would be slightly less expensive. 5� A review of the references supplied by the two companies, find general satisfaction and no problems with either machine. It is the staff recommendation that the Kodak 235AF be acquired by either a direct purchase or through the 3 -year lease purchase method. The lease purchase would be consistent with the intent reflected in the 1989 operating budget and even though the interest rate is 8.5%, would probably be the most appropriate method of acquisition at this time. Staff asked for an alternate bid which would include the disposition of the IBM copier and perhaps provide a copier for utilization in the basement as offices are moved to that location. It is our recommendation that the alternate not be considered and those two matters be addressed separately at a later time. Please contact me if you would like any additional information or would like to discuss the matter in more detail. (;) Finan e Director/City Clerk 66 Agenda Information Memo November 15, 1988, City Council Meeting BANKING SERVICES AGREEMENT B. Agreement for Banking Services --At the October 6 City Council meeting, staff was authorized to proceed with the request for proposals to provide banking services for a three year period beginning January 1, 1989. All six financial institutions that are located in the City of Eagan were asked to respond with proposals by October 28. Four of the institutions did submit proposals for banking services and they are First Bank Eagan office, Shelard National Bank of Eagan, Norwest Bank Eagan Office and Signal Bank, Inc. The apparent low provider is First Bank Eagan. For additional information on this item, refer too memo preiared by the Director of Finance attached on pages through �� . A copy of the request for proposal was provided to each member of the City Council with the October 6 City Council packet. The breakdown of proposals is quite lengthy, however, if any member of the City Council would like to review the breakdown of service charges and other details, copies will be provided. As stated in a memo from the Director of Finance, the City Council, unlike formal bidding, has the right to select any provider, however, a reason should be stated if the lowest proposal is not accepted. The City Administrator and Director of Finance feel that free checking and/or other services for City erlployees could be perceived as a conflict of interest and, therefore, recommend that this service not be accepted. ACTION TO BE CONSIDERED ON THIS ITEM: To designate a financial institution for the purpose of acting as official depository and providing various banking services to the City of Eagan for calendar years 1989, 1990 and 1991. S 7 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VAN OVERBEKE DATE: NOVEMBER 8, 1988 SUBJECT: BANKING SERVICES At the October 6, 1988 City Council meeting, staff was authorized to request proposals to provide banking services to the City for a three year period beginning January 1, 1989. The schedule approved required the responses to be received by the City no later than October 28, 1988, with approval contemplated by the City Council at its regular meeting on November 15, 1988. As you recall, the RFP was detailed and lengthy and requested a breakdown for payment on a cost per unit basis as well as on a compensating balance basis. The following is a list of responses to the request: Financial Institution Monthly Cost On Monthly Compensating Per Unit Basis Balance Requirement First Bank Eagan Office $523.00 Shelard Nat. Bank of Eagan 655.80 Norwest Bank Eagan Office 679.38 Signal Bank, Inc. 804.62 Dakota County State Bank No Response First Minnesota Savings Bank No Response $100,000 109,300 117,000 175,000 I believe it is most advantageous for the City to pay for all services on a per item basis. These items include printing deposit slips, processing deposits and checks, handling returned checks, wire transfers, sequencing cancelled checks and related bank services. By using the cost per unit method balances can be maintained at zero and investment income maximized through the placement of the investments with the highest bidder. As a frame of reference, the monthly bank charges in 1987 were $518.16 on the average. In 1988 for ten months the charges have averaged $528.16. Based on these numbers the responses are about as expected and appear to be reasonable. I am more than willing to work with any of the financial institutions that responded. To my knowledge there is no requirement to accept the low proposal if the City Council feels there are other considerations or concerns that are not reflected CITY ADMINISTRATOR HEDGES NOVEMBER 8, 1988 PAGE TWO in the economic terms of the proposal. With that understanding it would be my recommendation that the banking services be placed w:Lth First Bank Eagan and that staff be directed to complete the necessary agreements and arrangements for a January 1, 1989 implementation. First Bank has included one exception to the City's request which is to deliver bank statements within 8 - 10 calendar days after month end where the City requested five working days. I do not feel this is a material exception and is acceptable given the price difference between the responses. In a related matter, First Bank has offered free checking and other benefits to City of Eagan employees in an "employee proposal" along with their response to this RFP. I would recommend that the offer not be accepted as part of this process. Attached are copies of the four proposals for your review. Please let me know if you would like any additional information and if you would like to discuss this matter. Finance, Director/City Clerk Attachment EJV/j eh 55 Agenda Information Memo November 15, 1988, City Council Meeting AMENDMENT TO CITY CODE/SWIMMING POOL FENCING C. Amendment to City Code for Swimming Pool Fencing --The Police Department and Building Inspections has been approached by citizens regarding fencing requirements on residential pools. The City Attorney's office was directed by the City Administrator to review existing City Code and potential legislation that could provide regulatory language requiring fencing for new residential pools and the ability to require fencing of existing pools. The City Attorney has prepared a memo and sample ordinance for conside ation by the Ci y Council. Those copies are enclosed on pages C C through S�Z. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to the City Code that requires fencing for both existing and new swimming pools with the exception of above ground outdoor swimming pools having at least a four foot high vertical or outward incline sidewall. �o MEMORANDUM TO: Gene VanOverbeke, Finance Director/CityClerk FROM: Joseph P. Earley DATE: October 20, 1988 RE: Residential Swimming Pool Ordinance Our File No.: 00E-05258 The Eagan Police Department has been approached concerning fencing requirements on residential pools. A resident of Eagan has complained that a neighbor has an in -ground pool with no protective fencing around it. Apparently, the neighbor had been approached several times over a period of three to four years requesting that fencing be erected with no results. The resident was concerned about the safety of children in the neighborhood and the safety concerns of unfenced, in -ground pools in general. Neither the current Eagan ordinances, the state statutes, or the Minnesota Building Code require fencing on a residential in -ground pool. You have asked our office to review sample ordinances from different communities and determine what type of regulations, if any, the City of Eagan requires. There is no question that the City of Eagan can pass an ordinance requiring the fencing of in -ground residential pools. The main legal question for the purpose of this particular problem is whether or not the City can require fencing on an already existing in -ground pool. Every statute which takes away or impairs vested rights acquired under existing laws or creates a new obligation, imposes a new duty or attaches a new liability in respect to transactions or considerations already passed, is considered retroactive. Retroactive municipal legislation, although in some instances, its validity is recognized, is always carefully scrutinized. A City ordinance cannot validly operated retroactively to deprive a person of vested contract or property rights. See State v. Closing, 268 N.W. 844 (1936). Whether or not a retroactive ordinance is valid depends on a balancing of interests. The benefit to the public from compliance and the cost to the property owner must be weighed. If the ordinance were challenged, the Court would review the ordinance and determine its validity based on this balancing of interests. It is my opinion that requiring safety fencing around pre-existing swimming pools would be valid. The benefit of the citizens of Eagan, i.e., preventing serious injury or drowning, is clearly out -weighed by the cost to the property owner. This view is supported in 6 McQuillin, Mun. Corp., (3 Ed.), Section 20.71, P. 233: ... The mere fact that an ordinance affects existing property or an existing use does not in itself render the ordinance invalid as retroactive. This view has been taken with respect to billboard ordinances and handrail and other building ordinances and provisions." I have also spoken with both the Attorney General's office and the League of Minnesota Cities and received the following comments. I spoke to Stan Peskar of the League of Minnesota Cities. He stated that most cities pass ordinances fencing all pools and make no exceptions for pools that have already been constructed. A partial list of some of the cities includes Lakeland, Edina, Maple Grove, Cottage Grove, Eden Prairie and Brooklyn Park. He further stated that none of these ordinances have ever been challenged to his knowledge. He said he thought it was an emminently reasonable requirement and that it could be easily defended in a court should it ever come to that. He said that while some ordinances do make special provisions for economic considerations such as not requiring above -ground pools to have a fence when they have walls of a certain height, he also stressed that these were optional and not required. I also spoke with Ken Raschke of the Attorney General's office. Mr. Raschke felt the ordinance would only be invalid if it were to reach back and say that fences were needed at some past date. Mr. Raschke was unaware of any cases directly on point, however, he did draw my attention to several similar laws passed by Minnesota where pre-existing buildings and uses were required to comply with the new statute. These are: 1. Fencing of pre-existing junk yards from the highway (5161.242) . 2. Handicapped access to existing buildings (5471.465, et seq.). 3. Smoke detectors and other fire code requirements (5299F.36, et seq.) . In light of the Attorney General and League comments, an ordinance requiring fencing of existing pools would also be appropriate and lawful. I have discussed this matter with Doug Reid and asked him what type of requirements the City would like in a safety fencing ordinance. Doug informed me that the most important considerations should be that the fence be at least four feet high and complete with a self-closing, self -latching gate or equivalent in order to protect small children. -2- With this in mind, I propose the following ordinance language: The City Council of the City of Eagan does ordain: Section , OUTDOOR SWIMMING POOLS Subd. 1. Definitions For purposes of this ordinance, an outdoor swimming pool is defined as any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing used in connection with a single family dwelling and having the depth of more than 24 inches at any point and a surface area exceeding 150 square feet. Subd. 2. Fencing Required Around Outdoor Swimming Pools A. All outdoor swimming pools existing and hereafter constructed shall be completely enclosed by a security fence or wall at least four but not more than six feet high and located at least four feet from the edge of the pool. The bottom of the fence or wall shall be no higher than four inches above the surface of the ground. Fence openings or points of entry to the pool area shall be equipped with self-closing and self -latching lockable gates. B. The security fence or wall shall be of the non -climbing type so as to be inpenetrable by toddlers and afford no external handholds or footholds. Subd. 3. Exceptions This ordinance did not apply to above -ground outdoor swimming pools having at least four foot high vertical or outward inclined side walls provided that the pool has a self-closing and self -latching lockable gate or sole access is by means of a removable ladder, ramp or stairs, which must be removed when the pool is not in use. Subd. 4. Existing Regulations. The provisions of this ordinance are in addition to and not in replacement of the provisions of those ordinances of the City relating to building and land use. Subd. 5. Penalty Any violation of this ordinance shall constitute a misdemeanor. Agenda Information Memo November 15, 1988, City Council Meeting OFF -SALE BEER LICENSE/CUB FOODS D. License for Off -Sale Beer at Cub Foods/Cliff Lake Galleria -- An application was submitted to the City by Super Valu stores requesting an off -sale beer license for the Cub Foods store located at the Cliff Lake Galleria shopping center. For a copy of the application, refer to page 6S. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the off -sale beer license for Cub Foods at Cliff Lake Galleria. E A E— lo. 6, `o wti,x TY OF EAGAN ON SaLE FEE 3830 PILOT KNOB I20AD OFF SALE FEE�+o egitnd• r E , MINNESOTA 55122 TI t*ORARY FEE $25.00 ye APPLICATION FOR NON-IN1OXLCATING MALT LIQUOR LICENSE NEW XX RENEWAL TEMPORARY (, S 9.8? PLEASE PRINT !1n+47-4;53 +WNER'SrNAME SUPER VALU STORES INC. Last. First Middle Address Last First Middle Address 11840 VALLEY VIEW ROAD Street Street EDEN PRAIRIE, MN 55344 City State Zip Phone Birthdate Cicy State Zip Phone (612) 828-4000Birthdace RADE N21g CUB FOODS mm; STREICH CRAIG C. • Address 1940 CLIFF LAKE ROAD aat First Middle Address 6216 EDGEMONT Screec EAGAN, MN 55122 Street BROOKLYN PARK. MN 55428 Ciiy State Zip Phone (612) 454-4606 City State Zip Phone(612) 535-0056 Birthdate 6-28-4a EMBELOTTO . N•,:: O. . N 'i •DORP I«ENSE for the year 1988 , from NOVEMBER 9, 19% DEC. 31, 1988 . Event: month date month date (tor temporary license) Location: 1940 CLIFF LAKE ROAD, EAGAN Are yc•u the actual proprietor? Yes (V1 No ( ) Address r Are you the owner of the property of che business location? Yes (v' No ( ) Has any ocher license of this kind been granted to you? Yes (t/) No ( ) Where SEE ATTACHME City— a r Are ay taxes, assessments or utility bills for the premises unpaid or deliquenc'!! Ycs ( ) No (t4. If yes, give reason. During the past year, has a summons been issued under che Liquor Civil Liability Law MS 304.A802? Yes ( ) No (41 If yes, attach summons copy. Have you ever been convicted? Yes ( ) No (,,,,K City (Oclwr th:ui a traffic offense) Is this a joint ownership or silent partnership? Yes ( ) No (✓j If yes, please attach a listing of complete names, daces of birth, addresses and telephone numbers for everyone involved. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANCE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY ACREES TO INDEMNIFY AND HC'D EACAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFE;:_.: COSTS, WHICH THE CITY OF EACAN MAY INCUR BY REASCN OF ANY ACTIVITIES ARISING FROM THE C'w.NTINC OF THIS 3.2 BEE LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH E LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF THE FORECOIN , EMEN • A•E TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BE F. h ) AUTIIORI2ED SIGNATURE � . First".' Full Mid • Lasc FOR -'CITY USE NLY r POLICE APPROVAL: Ycs ("J No ( ) SIGNED �C_ ` O -r DATED I I - e-'U��' ITY COUNCIL APPROVAL: Yes ( ) No ( ) SICNED DATED (, S 9.8? Agenda Information Memo November 15, 1988, City Council Meeting CLARIFICATION OF TRAILWAY/DEERWOOD ADDITION E. Clarification, Engstrom's Deerwood Addition/Robert Engstrom, Condition of Final Plat Relating to Trailway Connection --A trailway connection from Pilot Knob Road to interior streets of the Deerwood Addition was approved as a part of the final plat approval for that subdivision. The trailway has not been constructed to date. The developer, Robert Engstrom of Robert Engstrom Companies, is requesting consideration by the City Council to eliminate that condit33'o for reasons stated in the attached letter enclosed on page CD(. The Director of Parks and Recreation has also addressed the trailway and raised some concerns regardi g is installation. For a copy of that letter, refer to pages through (.p\. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny removal of a trailway connection from Pilot Knob Road to Deerwood Addition as proposed by Robert Engstrom, representing the Deerwood Addition. ---.71---ROBERT ENGSTXOM C1MPA1lTIES November 8, 1988 Tom Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Mr. Hedges: Re: Deerwood Trail Connection We are in receipt of a letter dated November 2, 1988 from Ken Vraa suggesting that council action is the appropriate method of eliminating the proposed trail connection from Pilot Knob Road to our Deerwood subdivision. We hereby request that any requirement for a trail connection from Engstroms Deerwood Addition to Pilot Knob Road be eliminated as a condition of final plat approval. Our primary concern is safety. We believe that this connection will encourage children to cross Pilot Knob Road at uncontrolled points. If a pathway is installed, it will certainly invite use by children living on both sides of Pilot Knob Road. A preferred route should be the two walkways along Pilot Knob Road to Deerwood Drive where a signal is proposed to be installed. Another safety issue which has been raised by residents and potential residents is that a pathway leads children through wooded, secluded areas where the potential for mischief and endangerment exists. They would prefer their child- ren use public streets and walkways. We hereby request that this issue be placed on the earliest possible council agenda. Sincerely, Robert E.Engstrom REE/ja Encl. ... LAND SPECIALISTS ... 4801 West 81st Street • Suite 101 eapolis, Minnesota 55437 • (612) 893-1001 city of eagan 3830 PILOT KNOB ROAD, P.O. BOX 21199 VIC ELLISON EAGAN, MINNESOTA 55121 Mayor PHONE: (612) 454-8100 November 2, 1988 Mr. Howard Kyllo Howard Engstrom Associates 4801 W. 81st Minneapolis, MN 55431 Re: Trailway - Deerwood Addition Dear Mr. Kyllo and Mr. Engstrom: THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA 1-HEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk We had visited your "Engstrom/Deerwood Addition" on the 24th to review the issue of a trailway connection to Pilot Knob Road/Trail, and in particular the proposed route for this trail. After walking this proposed alignment, there is little doubt in my mind that the connection will be difficult to achieve. I have returned to the site a second time recently to determine what other alternatives are available, as well as to review the file. I talked to other City staff regarding their understanding of the issues in an attempt to piece together a composite picture of how the trail came to this alignment. It seems reasonably clear that there was to be a trail connection from this development to Pilot Knob Trail with the primary purpose being to provide a direct trail link from this development. Originally a road connection was proposed, but then eliminated in the southeast corner of this plat. In its place, the requirement for the sub -division was a trail link. The trail connection to Deerwood Elementary School was clearly defined, but the trail link to Pilot Knob was left to the developer to determine. It was generally assumed to be between lots #14 or #15, or lots #15 and #16. From the perspective of the Parks & Recreation Department and the Commission, this trail was to be pedestrian link to serve the residents wishing to proceed to the south - along Pilot Knob Road, eliminating the need to go north through the development before being able to go south. With the recent upgrading of Pilot Knob Road there is a.newly installed curb cut which would allow/indicate a passage to the east and to Chatterton Ponds Addition. This is something the department has not been involved in, and our concern would be for safety with the trailway at an uncontrolled intersection. This is a separate issue. Nevertheless, the trail link from your addition to the Pilot Knob Road trail was a condition of this plat, with the exact location to be determined by the developer. The Commission often leaves the exact location for trails to the developer to be fitted in with lot layout, grades, etc. THE LONE OAK TREE.. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Trailway Addition Page Two Nov. 2, 1988 I1: appears that the resolution of this trails location still remains with you; perhaps there are other alternatives that should be considered - iricluding some re -grading of the area between lots. If engineering of this trail is impossible to accomplish, an appearance before the Council to eliminate this as a condition appears necessary. Ken Vraa Director of Parks & Recreation KV/bls Agenda Information Memo November 15, 1988, City Council Meeting VARIANCE/COUNTRY HOLLOW ADDITION PROGRESS LAND COMPANY F. Variance for Progress Land Company, Inc., for 10' Front Yard Variance for Lots 3 - 11, Block 3 and a 5' Variance to Front Yard Setback, Lot 12, Block 3, Country Hollow Addition --An application for a variance was submitted by Progress Land Company, Inc., requesting a 10' front yard setback variance for Lots 3 - 11, Block 3 and a 5' front yard setback variance for Lot 12, Block 3 to the minimum 30' required setback to the public right-of-way. For a copy of the variance request/refer to the staff report enclosed on pages -7( through ?. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 10' front yard setback variance for Lots 3 - 11, Block 3 and a 5' front yard setback variance for Lot 12, Block 3, Country Hollow Addition as presented. 0 CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: APPLICATION SUMMARY PROGRESS LAND CO, INC LOTS 3 THROUGH 11, BLOCK 3, LOT 12, BLOCK 3, COUNTRY HOLLOW R-1 (SINGLE-FAMILY) NOVEMBER 10, 1988 NOVEMBER 9, 1988 PLANNING DEPARTMENT An application has been submitted by Progress Land Company, Inc. reguesting a 10' front yard setback Variance for lots 3, 4, 5, 6, 7, 8, 9, 10, and 11, block 3 and a 5' front yard setback Variance for lot 12, block 3 to the minimum 30' required setback from the public right-of-way. COMMENTS The applicant is requesting this Variance to allow for the building of single-family homes on the above-mentioned lots. Progress Land Company has indicated that there are natural barriers existing on the lots that would prevent single-family homes from being built if they were made to comply with the code requirements involving setbacks. The builder has indicated to Progress Land Company that the steep hill on these lots limits the amount of buildable land. A natural buffer of mature hardwood trees exists on these lots, creating a barrier to Diffley Road. Trees would have to be removed to accommodate the homes if the builder was required to adhere to the normal setbacks. If approved, this Variance shall be subject to all applicable code requirements. loc_,,Aerv,c. 1._1 .Z01-1 i 1--1 ii,6.r ,LAKESIDE PARK 2- Agenda Information Memo November 15, 1988, City Council Meeting VARIANCE/RHC ASSOCIATES JOINT VENTURE I G. Variance for RHC Associates Joint Venture I Requesting a 23' Variance to the Pylon Sign Height/Size Restriction for Cliff Lake Centre --The City has received an application from RHC Associates Joint Venture I/Dayton Hudson Corporation requesting a variance for a 50' pylon sign to be located on Outlot E, Cliff Lake Centre. For additional information on this item, refer to the Communit Development Department report, a copy is enclosed on pages through 141 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the variance to the pylon sign height as requested by RHC Associates Joint Venture I. CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: RHC ASSOCIATES JOINT VENTURE I DAYTON HUDSON CORPORATION LOCATION: OUTLOT E, CLIFF LAKE CENTRE EXISTING ZONING: CSC - PD DATE OF PUBLIC HEARING: NOVEMBER 15, 1988 DATE OF REPORT: NOVEMBER 8, 1988 REPORTED BY: PLANNING DEPT - DIV OF COMMUNITY DEVEL APPLICATION SUMMARY: An application has been submitted requesting a 50' pylon sign to be located at Outlot E, Cliff Lake Centre. COMMENTS: This pylon sign is in addition to any other pylon signs available for future development of Outlot E. The City Council approved two pylons per outlot for future use at the August 16, 1988 City Council meeting when the Cliff Lake Centre master sign plan was approved. The proposed pylon is 50' in height and has 243.36 square feet per side. The pylon would be located in the SE portion of Outlot E, 50' from the highway right-of-way and 100' from the high water mark of the lake. There are no improvements on the property in the vicinity of the proposed sign. A pylon sign is defined as a "business sign" and as such, is located directly to the use of the premises upon which the sign is located. (Eagan Sign Ordinance, Section 4.20, Subd. 1C.3.) The applicant is requesting the Variance for the following reasons: 1. Target is concerned about their visibility from the highway and feels the pylon sign will adequately direct traffic to their location without confusion, traffic tie-ups and dangerous exits from the freeway at the last minute. 2. RHC Associates Joint Venture I does not want to preclude the normal pylons as it finishes the Cliff Lake Centre development, more specifically Outlot E - the site of a proposed office and hotel complex. 2s Eagan's City Code freeways, however premise nor does it specifically state respects with the Eagan City Code). allows on premise pylon signs adjacent to in this instance, the sign is not located on meet the freeway location requirements which that "All signs must comply in all other provisions of this section (4.20 Subd. 6 D, The applicant has not demonstrated a hardship in their request for a Variance. -7L 00 rt CD M 0 .1 .1 0 0 0 'C 0 ID M ID Q 41 1+ 0 • • 0. I0 rt0 0 1 G:n rii1'4ir. Na0•q'al'E --alaan'"— 'ROAD __ RaHrd »..:• q r ' i it aft- I .' � , �: O' i+ d Il 911 I li t �tQ-. �tl■ Gl r ' Yy ;,,,,i• tal rein••.. •.�laa4�`I. J�r� V,y� C)\ 4 II Vi >t ' rs 4+� + - Lai -44- . 4 `'. ` .. a-� _ lbs. i F . : 1+ 91 a !/ , 0. • 1 f. N 11, 10-h 0 IO 0 E W 0 0, Iv n 0'� 0. / • 000 0 V1 / 0S.,o 4 W 0 1+ .t •1 ,/ v Mr. . R 0'' 7''./ 0 .1a '/ 4 re j . A 44 ID . ., 0 M .> r0 ♦, i r y cP 1 i a 1 A I X 11 8 4 il--er. 1 • ro. 4 1 rn • ■ -n Ian a'r.• a '. f. M.N . 4 O 0 m • 111= 1 IA Y 1t •M•q'Y•• ow al A 15' i•�c. 11 y �' '/, A• 36 06' f •• am. owal•I .IN. r •••IN.I '•.•W of : 14aY p 14'1' 1; 35E 5 NO. 0 I + I i •i ;10. MIS u. -"7 Fiat IN N 00 O 27 E__ t500./1-- 4r er. t.• er, a. n 'I IFf7aU x.w -.. �/ 1075.30 •-- f a' 00•3P 3: W '1 g dVW SS3iliQOd V1 It 1 t,7 crir \1t --- -ii�LC1 i • ''��� o' (V617) DtP 4:1'u,.(a Ad (elyipt t <y• - [`� f� _ • • 111'1 \t'�.t/4t1i `&12.4.:4,gt 1.,,c; ice" • ' �1� t,. It' i l ! IAD :no, r 111 SDv.6 cipg.0 t Agenda Information Memo November 15, 1988, City Council Meeting WAIVER OF PLAT/MERITOR CORPORATION H. Waiver of Plat for Meritor Development Corporation in Order to Relocate a Common Property Line Between Lots 1 and 2, Block 2, Lexington Square 4th Addition and Lot 1, Block 1, Lexington Square 7th Addition --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on Tuesday, October 25, 1988, to consider an application for a waiver of plat to relocate common property lines between Lot 1, Block 1, Lexington Square 7th Addition and Lots 1 and 2, Block 2, Lexington Square 4th Addition. This item was considered at the last regular meeting of the Advisory Planning Commission at their October 25 meeting. The APC is recommending approval. This waiver of plat rectifies an error in the plat surveys by shifting a lot line to the north approximately 14 feet at the right-of-way. For a copy of the Planning andp ngineering Department reports on this item, refer to pages G�/ through For a copy of the APC actio A2 �,his item, refer to a copy of those minutes found on page(s G�G� ACTION TO BE CONSIDERED ON THIS ITEM: waiver of plat for Meritor Development property lines between Lot 1, Block Addition and Lots 1 and 2, Block Addition. To approve or deny the Company to relocate common 1, Lexington Square 7th 2, Lexington Square 4th SUBJECT: APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: CITY OF EAGAN WAIVER OF PLAT MERITOR DEVELOPMENT CO LEXINGTON SQUARE 4TH & 7TH ADDITIONS (NW 1/4 OF SECTION 23) R-1 WITHIN LEXINGTON SOUTH PD OCTOBER 25, 1988 OCTOBER 17, 1988 PLANNING & ENGINEERING DEPTS. APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat in order to relocate a common property line between Lot 1, Block 1, Lexington Square 7th Addition, and Lots 1 & 2, Block 2, Lexington Square 4th Addition, along the east side of Kettle Creek Road. This Waiver of Plat will rectify an error in the plat surveys by shifting the lot line to the north approximately 14' at the R.O.W. line. Currently, there is a home on the corner of Kettle Creek Road and Savannah Road and those homeowners were under the impression that their lot was as large as this Waiver proposes. The lot to the north will still be 75' wide at the setback line - consistent with the other lots in Lexington Square Additions. If approved this Waiver of Plat shall be subject to: 1. The vacation of the existing drainage and utility easement and the re -dedication of one along the newly -created property line (5' on each side). 2. No side yard setback Variances shall be allowed on Lot 1, Block 1, Lexington Square 7th Addition. 3. Parcel 'A' shall be combined with Lot 1, Block 2, Lexington Square 4th Addition and Parcel 'B' shall be combined with Lot 2, Block 2, Lexington 4th Addition. `1 .r 0 00 7 -• RN. Lexington Avenue — • • t IWiTON $ 1111 is g psi sa 1 414 ummuummti ii i''C 14' - 0 ___,," 44/44.7". rat-,:d2:7111iiimrolow • t ',Ai MI ,-; ; s Mc mot PZ," SI Min atig WM Fa,. mi winv pir. . az i % . at ,:iiii , 44! ,...... _■ .4.. • `,�, �r,... .E ia''�.-tom ;"... ix raid 4.4) , ��;► II ! i� If i� c 3 ti EMI MEM 1 a 1 ■ a• P 01 4 R O 0 .L' vatil w) 11! tit 1ti ;9I Id) O fl1 .0 F. L.. 5 0 6 V O to o > r • 3 0 O 0. kefch * PIONEER G`C• engeering.. f ; * * *in LAN ����o�°- • So `- fir' Vio k%`± a�•1 ti d•j•f7'J3� r4.5/ (or: IMende. 110191111yMH 55110 11612/ 681 1814 /14ERI TOP 'N"4'x DEvEIOPME,vr I r'F/aT S CO 51 r�N • to7jib53 •E i•GUgPE Try 5- S_ 1 1• • torr 44"r tis93q " fes. V�� Ii fF) � rH Spa I. -1-I I r I. 9SS • I I • 1 • ��1„I d /burr 1 co/ion rbown per Subvrdan 49'lnerr• Ce'/i 7co/e syr' Ivry Doled Fe6ruo7 /7•4, 19 p 15 so 41.0 SCALE IN FEET IRAINARE ANO UTILITY :4SEMENTS ARE SHOwN THUS: I -f' 1 1 king 5 ;id in width, unless oih r - rife sndiealed and adj'orning lot Ina and t0 id in re d15 and `djoimng s/rre/J,nff of fho vn on he plot. I .4, RECEIVEDQCT - 4 1988 "?CJIC leIN 90 J LOCATION MAP Ml•b/r Rue ••• (MJ SECTIONRAN 1 TOWNSHIP 17, The southerly bee or LOT I, 810CK1 LEXINCIToN SQUARE 7M ADDITION is assurned to have a bean?), of hi. 59 '04 o Denotes %2 inch by 1 /6 inch iron monument sell and marked 6y reaisiraliorl r/Je.1495/ unless oiherlvise I,Oitd o Denoler (Duni Monti mini, Da/ed /his .3ili doygr:=_AoNI9 63 Page 6/PLANNING COMMISSION MEETING MINUTES October 25, 1988 There was additional public comment regarding noise, traffiic, and uses. Chairman Pawlenty explained the legal constraints of -the APC: Mr. Colbert gave a brief update on future Cliff Road develbmmeent. omma`s. ionmember Voracek questioned the number of self -wash bays C s and asked if`he drawings were to scale. Mr. Sturm stated there would be five self -wash bays and that the drawings were to scale. Mr. Voracek pointecrout that most do-it-yourself car washes have more bays and stacking areas than the proposal. He stated his biggest concern regarded the -stacking of the cars when it was busy. Commissionmember Graves questioned if the facility on Rahn Road had a car wash. The developer stated it did have a car wash. Chairman Pawlenty felt the area was small for a full-service wash as well. Mr. Voracek agreed and questioned the distance from the curb cut to Thomas Lake Drive. Mr. Colbert stated the distance was 35 feet. Commissionmember Graves felt there was a lot of development going into a small space. He also had traffic concerns and felt the traffic flow would not work well. He stated. that as the center grew, the traffic flow would get worse. Chairman Pawlenty agreed that there was too much in too little space. Voracek moved, Wilkins seconded, the motion to close the public hearing and deny a conditional use permit to allow a car-wash/Rapid Oil Change on lot 6, Block 1, Thomas Lake Center Addition, along Thomas Center Drive in the southwest quarter of Section 28. All votea in favor. I Mr. Voracek stated the reasons for the denial was to resolve the traffic problems and also the Commission felt there was too much activity or the lot size. d developer commented that they had met City Code requirements regar ing the stacking. Mr. Sturm stated he was not sure if it app1,3`ed. Commissionmember Trygg stated that just because Code was me`tf' it did not mean the size was proper for the use. WAIVER OF PLAT - MERITOR DEVELOPMENT CORPORATION Chairman Pawlenty opened the public hearing regarding a Waiver of Plat to relocate a common property line between Lots 1 and 2, Block 2, Lexington Square 4th Addition, and Lot 1, Block 1, Lexington Square 7th Addition east of Kettle Creek Road in the northwest quarter of Section 23. Assistant City Planner Jim Sturm informed the Commission the Waiver of Plat would rectify an error in the plat surveys by shifting the lot line to the north approximately 14 feet at the right-of-way line. He stated that currently there is a home on the corner of B �4 Page 7/PLANNING COMMISSION MEETING MINUTES October 25, 1988 Fettle Creek Road and Savannah Road and the homeowners were under the impression that their lot was as large as the Waiver proposes. Paul Thomas (Meritor) was available at the meeting for questions. Commissionmember Wilkins questioned if the Waiver would change the square footage. Mr. Sturm stated that most of the lots were in excess of Code already. - _ .. City Attorney Jim Sheldon questioned if there would be an exchanging of deeds. The developer stated yes. Trygg moved, Merkley seconded, the motion to close the public hearing and approve a Waiver of Plat to relocate a common property line between Lots 1 and 2, Block 2, Lexington Square 4th Addition, and Lot 1, Block 1, Lexington Square 7th Addition east of Kettle Creek Road in the northwest quarter of Section 23, subject to the following conditions: 1. The granting of an additional drainage and utility easement covering five feet north of the new property line. 2. No side yard setback variances shall be allowed on Lot 1, Block 1, Lexington Square 7th Addition. 3. Parcel A shall be combined with Lot 1, Block 2, Lexington Square 4th Addition and Parcel B'shall be combined with Lot 2, Block 2, Lexington Square 4th Addition. All voted in favor. WAIVER OF PLAT — OPUS CORPORATION/NORTHWESTERN MUTUAL LIFE Chairman Pawlenty convened the public hearing in regard to a Waiver of Plat to split Lots 6 and 17, Block 4, Eagandale Industrial, Park 1st Addition, for National Computer Systems located along the north side of Lone- Oak Road and west of Eagandale Boulevard in the southwest quarter of Section 3. Assistant City Planner Jim Sturm informed the Commission that Dakota County had denied access. He encouraged APC support. Bob Worthington (Opus) recapped the history of the project and he briefly described the site plan. He explained the rationale for .the curb cut onto Lone Oak. He stated there were two strategies since the County denied their request. He stated both involved design options to give. all accessfrom the. Eagandale Boulevard. He informed the Commission that the Mayor would do what he could to persuade the County to reverse their position. He summarized the National Computer Systems' operations for the Commission. He was concerned with the Agenda Information Memo November 15, 1988, City Council Meeting WAIVER OF PLAT/NATIONAL COMPUTER SYSTEMS I. Waiver of Plat, Opus Corporation/Northwest Mutual Life, in Order to Split Lots 6 and 7, Block 4, Eagandale Industrial Park 1st Addition for National Computer Systems --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on Tuesday, October 25, 1988 to consider a waiver of plat application submitted by National Computer Systems to split Lot 6 and 7, Block 4, Eagandale Industrial Park 1st Addition for separate ownership. For a copy of the Planning and Engineering Department reports, refer to pages g through V)0. For a copy of the APC minutes on this item, refer to page(s) -'ko..• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiver of plat for Opus Corporation/Northwest Mutual Life as presented. 8� CITY OF EAGAN SUBJECT: WAIVER OF PLAT APPLICANT: NATIONAL COMPUTER SYSTEMS LOCATION: SW 1/4 OF SECTION 3 EXISTING ZONING: R & D (RESEARCH & DEVELOPMENT) AND LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: OCTOBER 25, 1988 DATE OF REPORT: OCTOBER 18, 1988 REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat in order to split Lots 6 and 17, Block 4, of the Eagandale Industrial Park 1st Addition for separate ownership. This Waiver and lot combination will create a 12.5 acre piece (Parcel 'A') for National Computer Systems. Parcels 'B' (3.4 acres) and 'C' (one acre) will remain as buildable lot sites. The western portion of this site was zoned R & D in the early 1970's to act as a buffer between the Light Industrial area and the Country Home Heights Addition. Code requires a 100' building setback from residential area and this was provided. Since this proposal is properly zoned and on platted property, the detailed site plan review will be done in conjunction with the building permit application; however, comments in this report are to be used in the preparation of those plans. All building, parking and coverage Code requirements have been adhered to. The double loaded parking stalls need to be increased to a 20' length. The 120,000 square foot building has an interior breakdown of 56,000 square feet office, 25,000 square feet production and 39,000 square feet warehouse, with a lot coverage of 22%. Expansion area to 150,000 square feet is provided on site and the potential increase to 200,000 square feet is there if the adjacent land to the north is acquired. A NCS divison currently in Edina will move to this facility, along with some employees being transferred to the area from Boston. This site is beneficial to NCS due to the proximity of the airport, the nearby apartment complex, and Residence Inn Hotel. Approximately 250 people will be employeed at this facility. The front portion of the building will be constructed of brick and glass and the remaining area will be 'tip up' style precast panels. At a neighborhood meeting on October 6, the residents expressed some concern of how these panels would look. Staff feels it would be best to score and color them the same as the brick so the building is architecturally consistent on all sides. Also since expansion is anticipated, it would be best to extend the berm as far as possible to the north and landscape it with the initial development similar to what was done along Avalon Avenue. The berm should be as high as maintenance capabilities allow for (typically 3:1 slope). The submitted landscape plan was well done and consistent with other Eagandale projects. The Dakota County Highway Department does not want to allow a curb cut onto Lone Oak Road, but the City supports the applicant's request for one as long as it is shifted to the west, opposite Poppler Lane. A Resolution by the City Council stating this position was passed on October 18, 1988. o GRADING/DRAINAGE/EROSION CONTROL: The proposed first floor elevation for the National Computer Systems building is approximately 3 to 7 feet higher than the easterly adjacent Eagandale Boulevard, 3 to 10 feet higher than the southerly adjacent Lone Oak Road and approximately 4 feet higher than the westerly existing single family homes. Proposed parking lot grades are approximately 2 to 4 feet lower than the proposed finished floor elevation of the building. Storm sewer of sufficient capacity and depth is readily available along the westerly side of Eagandale Boulevard. This existing City storm sewer is adequately sized to receive direct runoff from the proposed National Computer Systems site development. As a point of information for the Advisory Planning Commission and the Eagan City Council, the cost of the installation of the existing storm sewer along Eagandale Boulevard was paid for mostly by the vacant properties in the Eagandale Center Industrial Park area. The storm sewer constructed adequately accomodates site generated storm water runoff from a quantitative standpoint but qualitatively does not address water quality concerns and how they relate to the impact of site development on the existing water quality of LeMay Lake. The existing City storm sewer system along the westerly side of Eagandale Boulevard discharges directly into LeMay Lake. At the present time the City of Eagan in conjunction with the Gun Club Watershed Management Organization is developing a water quality management plan for the City's 340 + wetland areas. It is anticipated in the future that after the development of a water quality management plan, site development such as what is proposed by the National Computer Systems building will be required to qualitatively treat their storm water before allowing it to discharge into a major water body such as LeMay Lake. No erosion and sediment control plan was submitted for review as a part of this application. The erosion and sediment control requirements will be required in detail as a part of the building permit issuance for site development. UTILITIES: Sanitary sewer service of sufficient depth and capacity is readily available along Eagandale Boulevard. The construction of the existing sanitary sewer service along Eagandale Boulevard anticipated future development of this site and has provided the appropriate sewer service stub to the property line in a location conducive to site development. Water main service of sufficient capacity and pressure is readily available along Eagandale Boulevard. The development is proposing to connect to the existing 12" water main along the easterly side of Eagandale Boulevard and extend water main westerly and northerly through this site to provide service to the northerly adjacent properties. STREETS/ACCESS/CIRCULATION: Public street access to this site is readily available from the easterly adjacent Eagandale Boulevard. The proposed driveway or entrance access to Lone Oak Road is subject to review and approval by the County. At the time of the preparation of this report the County is opposed to any direct connection to Lone Oak Road. The reasons for the County denying the access permit are as follows: 1. Lone Oak is proposed to be a four lane undivided highway. 2. The projected traffic volume in the year 2000 is approximately 17,000 vehicles per day for this section of Lone Oak Road. 3. The County access spacing guidelines adopted on March 2, 1982 through Resolution 1182-150 did not permit direct access to individual commercial driveways with over 15,000 project ADT in the year 2000. 4. No hardship will be created by denying direct access to Lone Oak Road since the proposed development includes two parcels have access to Eagandale Boulevard. City staff supports a driveway location opposite of Poppler Lane if the driveway access only serves the visitor parking area for the National Computer Systems building. With the future upgrade of Lone Oak Road, City staff will be requiring a median opening at Poppler Lane. Reconstruction and signalization of the Eagandale Boulevard and Lone Oak Road intersection is identified in the County's Capital Improvement Program for the year 1989. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The development will be required to provide the appropriate public utility easement for the proposed water main construction. Any site development construction in the existing utility easement along the westerly side of Eagandale Boulevard is subject to further review and approval by City staff. Eagandale Boulevard right-of-way requirements for the proposed signalization of Eagandale Boulevard and Lone Oak Road are unknown at this time. Access to Lone Oak Road is subject to review and approval by the County. A parking lot setback of 30' from Eagandale Boulevard will be required for a distance of 300' north of Lone Oak Road to accomodate the future upgrading of the Eagandale Boulevard/Lone Oak Road intersection. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. The City's building permit review process will cover details relating to parking lot entrance locations along Eagandale Boulevard, parking lot circulation, and parking lot drainage concerns. PUJBLIC STREETS/UTILITY FINANCIAL OBLIGATIONS: A search of City records show the parcels (part of Lot 6, part of Lot 7, Lot 18, Lot 19, Lot 7, all in Block 4, Eagandale Industrial Park 1st Addition) proposed for development by the National Computer Systems have no pending assessments of record. The following financial obligations are identified in accordance with present City policies for the applicant's information and Council consideration: DESCRIPTION RATE QUANTITY AMOUNT Lone Oak Road $111.70/ff 790 $88,243 Trailway $13.00/ff 790 10,276 Sanitary Sewer, Lateral Benefit $15.85/ff 250 3,962 TOTAL PROPOSED FINANCIAL OBLIGATION $102,481 AL1 final financial obligations will be calculated based on the dimensions as shown on the "Waiver of Plat Survey for NCS" submitted as a part of this application and in accordance with the rates in effect at the time of the execution of the City Council resolution allowing certification of the proposed lot split with the Dakota County Recorder's Office. STREETS/ACCESS/CIRCULATION: Public street access to this site is readily available from the easterly adjacent Eagandale Boulevard. The proposed driveway or entrance access to Lone Oak Road is subject to review and approval by the County. At the time of the preparation of this report the County is opposed to any direct connection to Lone Oak Road. The reasons for the County denying the access permit are as follows: 1. Lone Oak is proposed to be a four lane undivided highway. 2. The projected traffic volume in the year 2000 is approximately 17,000 vehicles per day for this section of Lone Oak Road. 3. The County access spacing guidelines adopted on March 2, 1982 through Resolution #82-150 did not permit direct access to individual commercial driveways with over 15,000 project ADT in the year 2000. 4. No hardship will be created by denying direct access to Lone Oak Road since the proposed development includes two parcels have access to Eagandale Boulevard. City staff supports a driveway location opposite of Poppler Lane if the driveway access only serves the visitor parking area for the National Computer Systems building. With the future upgrade of Lone Oak Road, City staff will be requiring a median opening at Poppler Lane. Reconstruction and signalization of the Eagandale Boulevard and Lone Oak Road intersection is identified in the County's Capital Improvement Program for the year 1989. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The development will be required to provide the appropriate public utility easement for the proposed water main construction. Any site development construction in the existing utility easement along the westerly side of Eagandale Boulevard is subject to further review and approval by City staff. Eagandale Boulevard right-of-way requirements for the proposed signalization of Eagandale Boulevard and Lone Oak Road are unknown at this time. Access to Lone Oak Road is subject to review and approval by the County. A parking lot setback of 30' from Eagandale Boulevard will be required for a distance of 300' north of Lone Oak Road to accomodate the future upgrading of the Eagandale Boulevard/Lone Oak Road intersection. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. The City's building permit review process will cover details relating to parking lot entrance locations along Eagandale Boulevard, parking lot circulation, and parking lot drainage concerns. PUBLIC STREETS/UTILITY FINANCIAL OBLIGATIONS: A search of City records show the parcels (part of Lot 6, part of Lot 7, Lot 18, Lot 19, Lot 7, all in Block 4, Eagandale Industrial Park 1st Addition) proposed for development by the National Computer Systems have no pending assessments of record. The following financial obligations are identified in accordance with present City policies for the applicant's information and Council consideration: DESCRIPTION RATE QUANTITY AMOUNT Lone Oak Road $111.70/ff 790 $88,243 Trailway $13.00/ff 790 10,276 Sanitary Sewer, Lateral Benefit $15.85/ff 250 3,962 TOTAL PROPOSED FINANCIAL OBLIGATION $102,481 All final financial obligations will be calculated based on the dimensions as shown on the "Waiver of Plat Survey for NCS" submitted as a part of this application and in accordance with t':ie rates in effect at the time of the execution of the City Council resolution allowing certification of the proposed lot split with the Dakota County Recorder's Office. CONDITIONS: NATIONAL COMPUTER SYSTEMS 1. The development accept the financial obligations as identified for the benefit received from Lone Oak Road, the benefit received from the existing sanitary sewer along the north side of Lone Oak Road, and the construction of an 8' wide bituminous trailway consistent with existing zoning of the proposed development and in accordance with the'City of Eagan's Comprehensive Trailway Plan. 2. The development is responsible for dedicating the appropriate public utility easement for the proposed water main system for the National Computer Systems development. 3. The development is responsible for the adjustment of and damage to any existing City utility system associated with site development. 4. 5. 6. 7. 8. All utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards and policies and approved by staff prior to building permit issuance. A detail grading, drainage, erosion and sediment control plan must be prepared in accordance with City standards and approved by staff prior to issuance of the building permit. If any public improvements are to be installed under a City Contract, the appropriate project must be approved by Council action prior to issuance of the building permit. The development is responsible for the acquisition of all regulatory agency permits in the timeframe required by the affected agency prior to issuance of the building permit. The development is reanired to provide a 30' parking setback for a distance of 300' :forth of Lone Oak Road. 9. All applicable Code Ordinances shall be adhered to. RESOLUTION CITY OF EAGAN DRIVEWAY ACCESS TO COUNTY ROAD 26 (LONE OAK ROAD) FOR NATIONAL COMPUTER SYSTEMS, INC. WHEREAS, the City of Eagan has received an application to construct a 120,000 square foot Corporate Industrial Facility on Lot 7, Block 4, Eagandale Industrial Park located in the N.W. quadrant of Eagandale Boulevard and County Road 26 (Lone Oak Road); and, WHEREAS, this development proposal has had its proposed secondary driveway access to County Road 26 denied by the County Highway Department as not complying with the County's Access Spacing Guidelines adopted by County Board Resolution 82-150; and, WHEREAS, the City has historically supported and endorsed this Guideline and other County policies in reviewing and planning the growth and development in the City adjacent to County roads; and, WHEREAS, the City recognizes the necessity to provide full access to the local cul-de-sac City street known as Poppler Lane located on the south side of this proposed development approximately 1/8 mile west of Eagandale Boulevard; and, WHEREAS, the City believes that providing this secondary access to National Computer Systems, Inc. opposite Poppler Lane will enhance the quality of this development and help to promote the economic development of this industrial park; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Minnesota, Dakota County, hereby requests the Dakota County Board of Commissioners to give serious consideration to approving a variance to the County Access Guidelines necessary to allow a secondary access for National Computer Systems, Inc. onto County Road 26 opposite Poppler Lane. CITY OF EAGAN CITY COUNCIL By: Attest: Motion made by: Seconded by: Those in favor: Those against: Dated: Its Mayor Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1988. E. J. VanOverbeke, City Clerk City of Eagan rAc_.7.,4<t-1 • LONE _ 1-: N \ \\ T:.; •-•..... \ \ t.•:. ,-.. N \ \ ) \ , \ \ \ ▪ \ \ \ \ .0 ,../ / "••• ) \ \ \ \ / 7 / / / 1 '.....1 \ \ \ ,_._ i •.'...: \ \ \ o / / \ \ \ ,7 ___..., ,o/ N \ N / / : \ N / / N. ....... / o/ \ -.. / --.. ?,, -.... / , N .• ....---/c:,! '.."- ---. • --- k _ :•:::\". , . --., • ;:,;•'" \ ‘,1:4C....-'‘) . 7 „ •-., s''''------..---."'" N N •.„ 0`• N N. . -.., N •-...._ _ ... N N. ..., •_. --,_--.....'-' -.-.. --....._ -...„ -N----• ..., . \\\ \\\ \ \ ...N \ 01 a • d1.1111_1C- __. 41,.••••• •.• • •• I aa .r••• \ .':.• / 1 \ i 1 1,9,55'0 '1 \ I I c I 1 - 0 s° t\ .'• ) 19900 / / , •-• N •-• 1.22.Qct_2_ -- 1 LONE - OAK- -- ROAD I- S.A H Na— • 26 1/11Ulla dia al to.•rwel Ism II amt.. ,••• 841 f I a s • r 0 Z m 0 x 0 0 } 0 0cn mx O N oo -- cn 00 1,9 +Ys ro i 1 CST 17�11Tr ikII1 FITITTT ITERTT`— - I 7F 1 BLVD _.."t; NOISNVdX3 3tlflUUL1 • 1 1 -i I -'i ;i 1 EAGANDALE 0 N 0 — 0 \ J 0 dVIN AJJN101A 'ia V IP t:F11 1441 " h—,::- O I,3 xl I • P1� ""NCS flY EAGAN. MINNESOTA QEFENEOSF/ I 1 91 Yn 114.0 tate nOPUS CORPORATION ��'1.41 •S I. IIMY;. IgvI,fMR5 ') EAGAN INDUSTRIAL RD AVALON AVE. —; — —• _'� —"_ate • W. SERVICE RD. -* 7 BUILDING AREA: Al K5f SIT! ARTAR 1211 KSf 23 P•RKING REOO. 1E4 1311000 BARKING PROW: 165 r ILLUSTRATIVE PLAN NCS PROPOSAL PHASE 2 Eagandale Center EAGAN, MINNESOTA BUILDING AREA: 200 KSf », LOT AREA T f K51111 0 A® —! TAG _-0 t 100 fT,ETBACK �nti� 1 r F-- 1)111 !°. LONE OAK ROAD 0 0\1 SEPTEMBER 20, 1908 tE co *we SS a 4 7 I+A:r A 1 ,•�.py.A • I 192 31 TACT 1 R rr+h TRACT C REGISTERED LAND SURVEY NO. 47 +1 2 11 2 17 IS 1900 4Y' as .3't 19 • g NO- 2 6 atil•• - _C.I:,,T�'• A::-'• 5 ct- • UO 0 rE MINN DEPT CF TRANSPORTATION Ly Y WAY PLAT NO t9-35 wr J Q Q W • w PARE OF 5100 •*. •J. it *$40 .1 RIGHTOF � PARE CFS 12 z•10 6 110 CI vl 7 110 0 10 2,0o ---.MSS .1 E PART OF 9 1. 'U>r'zt Sr35A i •z s' ,•� a+izazt MINN. OEPT.IOF TRANSPORTATION RIGHT OF WAY FLAT NO. 1 LC$(AGE 5• ,,♦ T. 9E SE 000 bi. AJUO u 01 PART OF 9 �II / P�iJ e A A :0 21- 9-30 � 11 -■ LONE OAK ROAD IMPROVEMENTS - 790 F.F. r.r13 4 l 9 .b 0 4 304.41.,-. 1u T ;fi•S'�Oil -...no 1 ... 414-. f NO. 26 4,w111... T2T, R23 w.! .W.a ; x.211 ‘se<. 4C � TAT 1 TP2CT C REGISTERED LAND SURVEY NO. 47 I 11 32u 3 17 120 Q 1900 19 W J Q v 30 5 4 °j QQ I I i 1300 -•A314/9414• 11 'LMINN CEPT S TR:,NSPORTATION ..,....r ',NAY PLAT NO 19-33 RIGHT OF ',ri CF�4- Iz - 2130 PART OFp•Ar 3 Y 1:30 1 6 t 2730 -- • .ar'1141E -- II 390... 7 3 1330 10 .- -•-r.94.33 56 -•• PART OF 9 pif Of 9 r4 •n . .7.:• 2231- 134 04 4G•ar.U41• -rnlirMINN. DEPT.OF TRA?SPORTATION RIGHT OF WAY FIAT NO 19-33 _. ' - I, 2r 4 3 sr• „•1m awMms SANITARY SEWER LATERAL — 250 F.F. ,.. 1. 36 14 40 07 40 4 43 W 40 31 awMms SANITARY SEWER LATERAL — 250 F.F. SG 4 N.6-'53 .] 6. 4 7 4666-' 192 31 MKT • TA CT C REGISTERED LAND SURVEY NO. 47 15., 0 IS 19.00 16 160 0 IT 16 1900 .re ASO [ 19 0 • O 1v Xoir22 S,' NO. 26 z.DEPT.• OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-35 1 11 22 •1 2 ':0 2I ww^/' UI+ESI..• ,T27.R;'_' cegsev TRAIL — 790 F.F. •• •:••E 661 Sw i.• J it / r 1�l 1 1 9 3 1.100 :J• 16646611 .1 .+n••o• •-1 i• •2 69'21 f) MiNN DEPT OF TRANSPORTATION RIGHT OF +_,1�. •.- WAY 1 PLAT NO,219 35 q PART OF 0 g 1100 c. 9 " PART OF61 12 '2710 - - o 6 1100 -•.4•96]0 A'E'-' 11 2700.•. 7 g 1100 10 • - 2200 -- - ~ --.9Y SSU C --- PART OF r 6 g PART OF 9 4a� Xoir22 S,' NO. 26 z.DEPT.• OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-35 1 11 22 •1 2 ':0 2I ww^/' UI+ESI..• ,T27.R;'_' cegsev TRAIL — 790 F.F. •• •:••E 661 Sw i.• N. 50 NE St 6001 •01• 4000 •001 Page 7/PLANNING COMMISSION MEETING MINUTES October 25, 1988 settle Creek Road and Savannah Road and the homeowners were/ander the ression that their lot was as large as the Waiver proposes. -Paul Thomas (Meritor) was available at the meeting for questions, r Commissionmember Wilkins questioned if the/Waiver would change the square footage. Mr. Sturm stated that most' of the lots were in excess of Code already. / City Attorney Jim Sheldon questioned if there would be an exchanging of deeds. The developer stated yes. / ,. Trygg moved, Merkley seconded- the motion to close the public hearing and approve a Waiver of Prat to relocate a common property line between Lots 1 and 2, Block 2, Lexington Square 4th Addition, and Lot 1, Block 1, Lexington -Square 7th Addition east of Kettle Creek Road in the northwest/quarter of Section 23, subject to the following conditions: /'�` 1. The granting of an additional drainage and -utility easement covering five feet ryorth of the new property line. 2. No side )yard setback variances shall be allowed on Lot 1, Block 1, Lexin� 3. Parcel A shall be combined with Lot 1, Block 2, Square 4thiAddition and Parcel B shall be combined with 2, Lexington Square 4th Addition. on Square 7th Addition. All voted in favor. Lexington__ Lot 2, Block WAIVER OF PLAT - OPUS CORPORATION/NORTHWESTERN MUTUAL LIFE Chairman Pawlenty convened the public hearing in regard to a Waiver of Plat to split Lots 6 and 17, Block 4, Eagandale Industrial Park 1st Addition, for National Computer Systems located along the north side of Lone Oak Road and west of Eagandale Boulevard in the southwest quarter of Section 3. Assistant City Planner Jim Sturm informed the Commission that Dakota County had denied access. He encouraged APC support. Bob Worthington (Opus) recapped the history of the project and he briefly described the site plan. He explained the rationale for the curb cut onto Lone Oak. He stated there were two strategies since the County denied their request. He stated both involved design options to give all access from the Eagandale Boulevard. He informed the Commission that the Mayor would do what he could to persuade the County to reverse their position. He summarized the National Computer Systems' operations for the Commission. He was concerned with the Page 8/PLANNING COMMISSION MEETING MINUTES October 25, 1988 assessments in the staff report. He did not object to paying the assessments, however, they would prefer to pay them when they occur and not before. He questioned if there could be a change in proposed condition number one: -He was further" concerned with proposed condition number eight regarding the 30 -foot setback for the parking area. He requested latitude in working with the dimension. Chuck Maloney, 2970 Eagan Avenue, stated he had attended the neighborhood meeting. He informed the Commission that one neighbor was concerned regarding the berming but that otherwise they were in agreement. He urged approval of the project. Jeanna Mazoni (Manager/LeMay Lakes Park Apartments) with the proposal. City Attorney Jim Sheldon suggested the deletion of number nine and the addition of a condition regarding no or splitting of any part of Lot A without City approval. Chairman Pawlenty questioned if the assessments were deferable. Public Works Director Tom Colbert stated not historically and that the last issue was a conditional use permit, not a Waiver of Plat. He further stated that the lateral service for sewer should be deleted. Chairman Pawlenty questioned if condition number eight would be a problem. Mr. Colbert stated that future upgrade of Lone Oak may require the Eagandale Boulevard to be widened. This would require additional right-of-way. Mr. Merkley questioned if condition eight should remain. Mr. Colbert stated it should remain as a proposed condition. was pleased condition transferring Commissionmember Merkley had concerns regarding the water quality. Mr. Colbert explained the storm sewer discharge and stated that the plan had not yet been adopted but that Opus had been cooperative. --fin the past: - Chairman Pawlenty stated he would like the APC to encourage the curb cut and commended Opus on a high quality project. Wilkins moved, Voracek seconded, the motion to close the public hearing and approve a Waiver of Plat to split Lots 6 and 17, Block 4, Eagandale Industrial Park 1st Addition, for National Computer Systems located along the north side of Lone Oak Road and west of Eagandale Boulevard in the southwest .quarter of Section 3, subject to the folIowi-ng- •conditions• "z2 u,."'" - 1. The development accept the financial obligations as identified for the benefit received from Lone Oak Road, the benefit received 'from the existing sanitary sewer along the north side of Lone Oak Road, and the construction of an 8' wide bituminous trailway Page- 9/PLANNING COMMISSION MEETING MINUTES October 25, 1988 consistent with existing zoning of the proposed development and in accordance with the City of Eagan's Comprehensive Trailway Plan. 2. The development is responsible for dedicating the appropriate public utility easement for the proposed water main system for the National Computer Systems development. 3. The development is responsible for the adjustment of and damage to any existing City utility system associated with site development. 4. All utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards and policies and approved by staff prior to building permit issuance. 5. A detail grading, drainage, erosion and sediment control plan must be prepared in accordance with City standards and approved by staff prior to issuance of the building permit. 6. If any public improvements are to be installed under a City Contract, the appropriate project must be approved by Council action prior to issuance of the building permit. 7. The development is responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency prior to issuance of the building permit. 8. The development is required to provide a 30' parking setback for a distance of 300' north of Lone Oak Road. 9. No part of Parcel A may be split or transferred without the approval of the City Council. 'All voted in favor. THOMAS G. SLATER ADDITION - THOMAS G. SLATER' Chairman Pawlenty opened the public hearing regarding a re -zoning of 1.5 agricultural acres to a single family district and a preliminary plat -consisting of two lots located :north of Rusten Road and Storland Road in the southwest quarter of Section 31. Assistant .City Planner Jim Sturm informed the Commission that the -proposal was in comformance with the City's most recent land use plan that designated the area D-1 single family (0-3 units per acre). Commissionmember Merkley questioned if there should be an addition to the conditions holding the development responsible for the upgrade of the road. Mr. Sturm stated that standard condition Cl Agenda Information Memo November 15, 1988, City Council Meeting REZONING/PRELIMINARY PLAT/THOMAS SLATER ADDITION J. Rezoning for Thomas Slater Addition/Thomas G. Slater of 1.5 Acres to an R-1 District and a Preliminary Plat Consisting of Two Lots Located North of Rusten Road and Storland Road --A public hearing was held by the Advisory Planning Commission at their last regular meeting on October 25, 1988, to consider separate applications submitted by Thomas Slater to rezone 1.5 agricultural acres to R-1 and a preliminary plat consisting of two lots. The proposal is in conformance with the City's most recent land use plan that designates this are D-1 or 0 - 3 units per acre. The APC is recommending approval. For a co of the staff report on this item, refer to pages tD- through For a copy of the APC minutes, refer to pages ((D -through �3 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the rezoning of 1.58 R-1 and the preliminary plat entitled Thomas Slater Addition as presented. CITY OF EAGAN SUBJECT: REZONING, PRELIMINARY PLAT, VARIANCE - THOMAS SLATER ADDITION APPLICANT: THOMAS SLATER LOCATION: SW 1/4 OF SECTION 31 EXISTING ZONING: AG (AGRICULTURAL) DATE OF PUBLIC HEARING: OCTOBER 25, 1988 DATE OF REPORT: OCTOBER 17, 1988 REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of 1.5 Ag (Agricultural) acres to an R-1 (Single Family) district consisting of two lots located north of St:orland and Rusten Roads. This proposal is in conformance with the City's most recent Land Use Plan that designates this area D--1 Single Family (0-3 units/acre). EXISTING CONDITIONS/SITE PLAN: Rusten Road will be extended to the north and since it will be 560' long, a Variance to the 500' maximum cul-de-sac length will be necessary. The street/cul-de-sac area was rough graded with a previous public improvement project. The lots are heavily wooded and fall towards a City storm pond. Custom home sites will allow for individual lot grading. There will be approximately 20' of vertical distance from a first floor house elevation and the pond. Lots 1 & 2 contain 24,700 square feet and 30,750 square feet, including the pond area. The net area is 15,100 square feet and 17,500 square feet with both being at least 100' wide at the setback line. l�5 GRADING/DRAINAGE/EROSION CONTROL: No site grading is proposed for lot development. The site is well drained and slopes towards the east/northeast to Pond AP -34. Pond AP -34 is a designated ponding area in the City of Eagan's Comprehensive Storm Sewer plan. Since no site grading is required for lot development, individual lot erosion and sediment control is recommended during the building phase and should include the following: 1. Silt fence to control sediment on each lot. 2. A gravel access pad to minimize tracking of mud onto paved streets. 3. Site restoration. UTILITIES: Sanitary sewer service and water main service of sufficient size, capacity and depth are readily available along the westerly side of the proposed development. Two sanitary sewer services have been provided to the property, but it appears that only one can be used because of the location. One additional 4" service would need to be installed for the proposed Lot 2. Although a 6" water main is readily available, no services were tapped from the existing water main at the time of the initial water main installation. The development will be responsible for providing a water main service to each proposed lot. Individual pressure reducing valves will be required. STREETS/ACCESS/CIRCULATION: No improved public street access exists to serve the proposed development. The development will be responsible for providing upgraded street access or the appropriate public improvement contract for the upgrade of Rustin Road must be approved by Council prior to final plat approval. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The development will be responsible for providing the appropriate street right-of-way for the construction of Rustin Road. The development will be responsible for providing the appropriate ponding easement for Pond AP -34 as necessitated by storage volume requirements and high water elevations as outlined in the City of Eagan's Comprehensive Storm Sewer Plan. The development is responsible for obtaining agency permits within the appropriate time frame the affected agency. PUBLIC STREETS/UTILITY FINANCIAL OBLIGATIONS: A Special Assessment records show that the property assessments of record. all regulatory as required by search of City has no pending CONDITIONS: THOMAS SLATER ADDITION 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: B1, B2, B3, B4, Cl, C2, C5, D1, El, F1, and G1. 2. The development is responsible for providing the appropriate sanitary sewer and water service to each platted lot. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's reoort in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-wav as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approve.i by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. \D STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Approved: Revised: LTS#2 STANDARD Advisory Planning Commission City Council August 25, 1987 September 15, 1987 oc\ • /NNAMON PMR CA .�;76 _lam j 11' yaw 'z_ ''' I{ Lre;M'I�T\y` 43 ,�:� \;77-// r7y_irw,wsry;;14-,e4 (/ 11 WOLYEA .44 7. {2 \� /,/ �y -.4d. :� // j( i 3. L d af+s . / /` ,, I / S` CIy i52» V o 0 5 TRONAS G. SLAIE» 14 C, v 4' vF , JO 'ep c'•� J� 9 e/ �.. vO z Oar. 040.55 35 22s 13 - WEST 396 ADD. SrRE Fr,oe. nZ =268 30 .4 02 10 0 030 - 55 A', V ,S �/ /./e/,/ �-+ -.. �/ `1 /( / / 1 / i _,.id-. ,; ._ /,:,�...•.N \ \ l\ lam j._ _ _71 �\\\\ V�� \=tel /�/i `\\\\\\\ \\\-ijtt/y/Vj.-- ` �\ \N ---- -.- \�� ..... r 1 IZ O -�� ��\��\\\� — -a \ \ 5s / Ns \ '\'` \\ 0 ) WWI /10 a98 2 N 39 — O) 0 0)z '3 0 890 IP O 1 0 141.54 2935 9 01_ 136 667 20 A I 089'05 27 4 N8905 27E 286 06 29 6 6 4 00 47 269° 05 27 PROPOSED NAME: Owner 6 Developer: THOMAS G. SLATER ADDITION Thomas G. Slater 2200 James Court Eagan, MN 55122 Tel: 890-0230 Abbreviated Description: That part of the NE1 of SWi of Section 31, Township 27, Range 22 lying southerly of SLATERS ACRES and northerly of NORVIN OAKS. Gross Area Scaled Lot Areas Existing zoning Proposed zoning 1.5 acres Gross Area Water Area Lot 1 24,700 sq.ft 9,600 Lot 2 30,750 sq.ft.13,300 Agriculture R-1 Single family residential Net Area 15,100 17,500 NOTES: Scale: ) w z w a Q Q W V 1 inch w 100 feet 3. 0 1) Area is served by sanitary sewer and water which is in place in the existing utility easement.(See Eagan Record Plan No. 951) 2) No site grading is necessary. 3) 0 A possible house location. 4) Prepared 09-14-88 /O -a-8B Delmar N'.: #chwinz, RLS 8625 DELMAR H. SCHWANZ l•RO ,Unvl,On1 INC 11,r„wM U.aw l."M ,N f�N• M wwwM \l\ )4 SOUTH ROB6RT TRAIL ROSEMOUNT- MINNESOTA 55068 6127423.1786 Page 9/PLANNING COMMISSION MEETING MINUTES October 25, 1988 onsistent with existing zoning of the proposed development and in cordance with the City of Eagan's Comprehensive Trailway Plata. 2. The development is responsible for dedicating the ata ropriate publi utility easement for the proposed water main system or the Nationa Cpmputer Systems development. 3. Th- c vPlopment is responsible for the adjus �•'-nt of and damage to an existing City utility system associatwith site development. 4. All util iti = necessary to provide se - ice to this development shall be •-signed by a registere• professional engineer in accordance with City 'Ides and engineer g standards and policies and approved by staff pri•` `o building •-rmit issuance. 5. A detail grading, drat•age, = osion and sediment control plan must be prepared in accordance ''t City standards and approved by staff prior to issuance of the bu 4 ding permit. 6. If any public improvem- ts ar= to be installed under a City Contract, the appropriate pr• ect must •e approved by Council action prior to issuance of the b ding permit. 7. The development s responsible for t - i.cquisition of all regulatory agency per ' ts in the time frame r -• ired by the affected agency prior to iss nce of the building permit. 8. The deve •pment is required to provide a 30' •ar ing setback for a distance. •f 300' north of Lone Oak Road. 9. No art of Parcel A may be split or transferrea-w4t. 'ut the approval the City Council. voted in favor. THOMAS G. SLATER ADDITION - THOMAS G. SLATER Chairman Pawlenty opened the public hearing regarding a re -zoning of 1.5 agricultural acres to a single family district and a preliminary__. plat consisting of two lots located north of Rusten Road and Storland Road in the southwest quarter of Section 31. Assistant City Planner Jim Sturm informed the Commission that the proposal was in comformance with the City's most recent land use plan that designated the area D-1 single family (0-3 units per acre). Commissionmember Merkley questioned if there should be an addition to the conditions holding the development responsible for the upgrade of the road. Mr. Sturm stated that standard condition Cl Page 10/PLANNING COMMISSION MEETING MINUTES October 25, 1988 concerned that matter. Public Works Director Tom Colbert informed the Commission that proposed condition number 2 could be deleted. Trygg moved, Wilkins seconded, the motion to close the public hearing and approve the re -zoning of 1.5 agricultural acres to a single family district in the Thomas G. Slater Addition. All voted in favor. Trygg moved, Wilkins seconded, the motion to approve a preliminary plat consisting of two lots located north of Rusten Road and Storland Avenue in the southwest quarter of Section 31, subject to the standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: B1, B2, B3, B4, Cl, C2, C5, Dl, El, F1, and Gl. All voted in favor. THOMAS LAKE ADDITION - CITY OF EAGAN Chairman Pawlenty opened the public hearing regarding the re -zoning of Lot 11, Block 1, Thomas Lake Center Addition from single family to public facility for Well No. 13 located at the northeast intersection of Lake Park Drive and Cliff Road in the southeast quarter of Section 28. Public Works Director Tom Colbert gave an historical update on the City water plans and recapped the history of the site plan. Commissionmember Wilkins questioned the landscape theme. Mr. Colbert explained the landscaping plan and stated it would be a prototype of what the City wanted to see in the future. Wilkins questioned the status of the land on Lexington and Diffley. Mr. Colbert stated staff was still working to acquire the reservoir property from HUD. -- Voracek -- Voracek moved, Wilkins seconded, the motion to close the public hearing and approve the re -zoning of Lot 11, Block 1, Thomas Lake Center Addition from single family to public facility for Well No. 13. All voted,in favor. Voracek moved, Merkley seconded, the motion to approve a Comprehensive Guide Plan Amendment for Lot 11,.Block..1, Thomas.Lake Center._for- Well -No. 13. located at -the northeast intersection of Lake Park Drive and Cliff Road in the southeast quarter of Section 28. All voted in favor. Commissionmember-Merkl.eyccommented that the fence. had been knocked over. Mr. Colbert stated staff would check on the matter. Agenda Information Memo November 15, 1988, City Council Meeting REZONING/THOMAS LAKE CENTER ADDITION K. Rezoning of Lot 11, Block 1, Thomas Lake Center Addition, from Single Family to Public Facility for Well #13 --This item was inadvertantly placed on the November 15 City Council agenda from the list items that appeared on the October 25, 1988, Advisory Planning Commission agenda. Since this item was not formally noticed for the Advisory Planning Commission meeting, the rezoning for the Well #13 will be considered at the November 22 APC meeting. Therefore, this item should be continued until the December 6, 1988, City Council meeting to allow for the public hearing and proper action by the APC. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the rezoning of Lot 11, Block 1, Thomas Lake Center Addition, from single- family to public facility for Well #13 to the December 6, 1988, City Council meeting. MEMO TO: HONORABLE MAYOR & CITY COUNCILMEHBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 14, 1988 SUBJECT: INFORMATIVE MAINTENANCE OF COUNTY ROADS Enclosed and referenced as page_____ is a memo sent by Director of Public Works Colbert to Dakota County Highway Engineer regarding the maintenance of County roads. JOINT PROPERTY TAX PROJECT Enclosed on pages \ through '.-2TO is a summary of the joint property tax project the City is supporting as a member of the LMC, MLC and AMM. EAGAN FIRE DEPARTMENT MONTHLY REPORT Enclosed on page V.:1\ is a copy of the monthly report for September for the volunteer Fire Department. DESLAURIERS PARCEL The City has received notice from District Court that Martin DesLauiers is appealing the assessment that levied against his property described as Holland Lake Trunk Storm Sewer Project 444R. KOCH REFINING COMPANY NOTIFICATION PLAN Koch Refining Company has prepared a notification plan that addresses air emissions. Anytime the refinery has an air emission that causes odor, a malfunction or if there is a monitored ambient SO2 concentration that exceeds a specified level, the new notification plan will be implemented. Once an odor is defined, the Police Department can dispatch cars to general area where odors or emissions are reported to notify residents of the problem. The City will include a brief paragraph in the upcoming newsletter regarding a notification process for emissions at the Koch Refinery. MLC UPDATE Attached is an editorial entitled, "After Checking Facts, Metropolitan Taxpayers May Want To Revolt," that appeared in various suburban newspapers during mid to late October. The Editorial explains the major changes in State tax laws and, more importantly, their anticipated impact on suburban property tax rates. The editorial is enclosed on page Also enclosed on pages (:).15 through / is a memo that was prepared by Bob Renner representing the Municipal Legislative Commission that provides a status report on the constitutional challenge issue. Also enclosed is a memo entitled "1989 Disparity Aid Distribution" on pages t� c. through J7 . On page two of that document the non -metro area received 91.90 for every $100 of disparity aid while the metro area receives $8.10. Of the $8.10 the suburbs receive $.09. UNISYS TRAIL The bituminous trail along Four Oaks Road through the Unisys property to Pilot Knob Park is proposed for construction. An informational meeting will be held at the City Hall on November 23 to explain the project to adjoining residents. A copy of the letter and � �m� that descr bes the proposed trailway is enclosed on pages /2.' through o for your reference. ORVILLA CHRISTMAS DONATION The City Administrator's coordinating a response to the parents and friends of Orvilla, Inc., to donate items or money to purchase Christmas gifts for Orvilla residents. Anyone wishing to participate by contributing $3-$5 will be included on a Christmas card addressed to the Orvilla Homes. Please refer to the attached letter on page 130 for more information. PROTECTIVE INSPECTIONS MONTHLY REPORT Enclosed on pages (3k through (3`7'�/ is a copy of the monthly Protective Inspections Report for October. TRAILS UPDATE Enclosed on pages through ( 3`j is a memo from Director of Parks and Recreation Vraa concerning the trail history and use in the community. EMPLOYEE RIGHT -TO -KNOW ACT Enclosed and referenced as pages g through 4t) is a memo entitled Employee Right -to -Know Act. Many efforts have been made to conform to the employee right -to -know regulations by sponsoring training sessions and other programs to make our employees aware of this legislation. As a part of the Employee Right -to -Know Program, the City has contracted with SOS Technologies to provide an emergency response training class to all City employees. The basics of treating for choking, heart attack, seizures, burns and many other medicals were covered in a one and a half hour class. All employees with the exception of the sworn police officers who have completed much more extensive training will carry a card that states they have completed the emergency response training class and the basic steps of emergency care. REGIONAL TRANSIT BOARD UPDATE Enclosed on page MI is a copy of a Regional Transit Board update. The most recent LRT Newsline, distributed by the Hennepin County Regional Railroad Authority, provides drawings that reference routes that are considered alternatives for the light rail transit study being performed by the Hennep County Regional Railroad Authority. Please refer to pages (4U. through 1'4 5 for a copy of the newsletter. SOLID WASTE ABATEMENT COMMISSION For City Council information Mr. Kevin Nordby, a hauler representative to the Solid Waste Abatement Commission has submitted correspondence asking that the commission allow Mr. Kevin Tritz of BFI subsidiary Wood Lake Sanitation to be his alternate in his absence. Mr. Nordby travels extensively with BFI and cannot always attend te meetings. For a copy of Mr. Nordby's letter, refer to page /s/ Thomas L. Hedges City Administrator dtv ©F cagan 3830 PILOT KNOB ROAD. PO BOX 21199 EAGAN. M NNESOTA 55121 PHONE (612) 454-8100 NOVEMBER 3, 1988 MR. DAVE EVERDS, P.E. DAKOTA COUNTY ENGINEER DAKOTA COUNTY HIGHWAY DEPARTMENT 7300 W. 147TH ST., SUITE 402 APPLE VALLEY, MN. 55124 RE: Maintenance of County Roads Dear Dave: VAC ELLISON Mayor THOMAS EGAN DAVID K GUSTAESON PAMELA McCREA -THEODORE WACHTER Council Members THOMAS HEDGES C,ty Administrator EUGENE VAN OVERBEKE CJtv Clerk With the continued upgrading of County roads within the City of Eagan to an urban section with center medians for traffic control, we have been receiving numerous complaints from our citizens regarding the lack of maintenance of the boulevard areas and concrete medians. These relate primarily to excessive weed growth on the center medians and in the boulevard areas as well as build up of sand, dirt and debris which results in unsightly conditions. With the continued improvement of these County roads in the City of Eagan, we would like to be assured that the County will commit the resources necessary to providing a level of maintenance necessary to address these issues. This apparent lack of timely maintenance has been mentioned as one of the reasons the City is resistant to the installation of concrete medians on future County road improvements. While I recognize the need for these medians from a traffic capacity and safety standpoint, we must be able to assure the community and our Council that they can be properly maintained. Any efforts you can exert to help increase the level of maintenance regarding these concerns will be greatly appreciated by our community. Sincerely, omas A. Colbert, P.E. Director of Public Works cc: Thomas L. Hedges, City Administrator TAC,/ j f THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY T _T League of Minnesota Cities October 31, 1988 MEMORANDUM 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221-0986) TO: Mayors, Manager, Clerks FROM: James Scheibel, LMC Preside Steve Cramer, Chair, LMC Coor RE: Joint Property Tax Project After two months of intense discussion and negotiation, a broad partnership of Minnesota cities has decided to undertake an important joint property tax research project. A 20 -member Property Tax Coordinating Committee has been organized by the League for the purposes of researching property tax issues and developing a joint, unified property tax proposal to be recommended to the Legislature during the 1989 legislative session. I hope we can count on all cities to support this policy development process. Groups representing cities are undertaking this joint project in an attempt to overcome past policy differences and thereby make a unified contribution to next year's property tax debate. Although major changes in the state's property tax laws were enacted earlier this year, we anticipate that further significant changes will be needed next year. It is extremely important that cities work together to shape those changes and insure that they are in the best interests of all cities and property taxpayers. The League Coordinating Committee is composed of representatives of city constituency groups from both the metropolitan and Greater Minnesota areas. Represented on the Property Tax Coordinating Committee are: the City of Minneapolis, the City of Saint Paul, the Minnesota Association of Small Cities (representing over 300 small cities), the Coalition of Greater Minnesota Cities (representing 46 cities outside the metro area), the Association of Metropolitan Municipalities (representing 66 metro cities), and the Municipal Legislative Commission (representing 15 suburban metro cities). The League and each city constituency group will be making a significant financial contribution to this project. The law firm of Briggs and Morgan has been retained to provide the Coordinating Committee with research and computer services. Additional research and administrative support will be provided by League staff. The Coordinating Committee will meet regularly on this project during the next three months and expects to complete work on its proposals by early January. We will be providing you with periodic updates on the progress of our deliberations and will provide individual cities information about details of any proposals we develop. If you would like further information about the project or have recommendations about policy changes, please contact any member of the Coordinating Committee (list attached) or Laurie Hacking at the League. The organizations and their representatives serving on the League Property Tax Coordinating Committee include: City of Minneapolis: Mayor Donald Fraser Councilmember Steve Cramer, Chair Duke Addicks, State Legislative Liaison City of Saint Paul: Mayor George Latimer Councilmember Bob Long Diane Lynch, Manager of Intergovernmental Relations Coalition of Greater Minnesota Cities: Councilmember Pete Solinger, Rochester William Bassett, City Manager, Mankato Eric Sorenson, City Manager, Winona Association of Metropolitan Municipalities: Councilmember Larry Bakken, Golden Valley Walt Fehst, Manager, Robbinsdale Roger Peterson, Legislative Representative Municipal Legislative Commission: Mayor Richard Wedell, Shoreview James Miller, City Manager, Minnetonka Robert Renner, Attorney Minnesota Association of Small Cities: Mayor Duane Knutson, Fertile Pat Bonniwell, Clerk -Administrator, Dassel Nancy Larson, Executive Director League Members: Councilmember James Scheibel, Saint Paul & League President Councilmember Liz Witt, Mendota Heights & League Revenue Sources Committee Chair rDP EAGAN FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER. 1988 TYPE WORK PERFORMED Fire/Rescue Training Truck & Equip. Maint. Station Maintenance Fire Prevention Administrative 137 1/7 474 TOTAL 2,662 MANPOWER STA. #1 STA. #2 S]7.#3 STA. #4 STA. #5 Available Nights 13 12 12 8 Available Days 5 _-__-_-.,_ Available Days/Nights 4 4 2 Available Rotatinq �� 0 _-_-------.._ _---_-__1' On Leave u 0 0 Rookies 5 -, TOTAL _-___32 _____27 23 ____-16 _ FIRE/RESCUE TYPE NUMBER_ $ LOSS Structure 9 Grass 1_______'___-�_ Vehicle 6 -_--_-42<00>_ False 11 '} Medical 8 0 Other '2 TOTAL 37 LARGE DOLLAR LOSSES DATE NAME $_LDSs 9/2/88 S35E at 1-494 Vehicle $ 2,200 9/5/88 N35E S. of Pilot Knob Vehicle 2,000 9/18/88 3155 Coachman Road Structure 12,000 F -Monthly -Report 10/88 MN♦ CLIPPING SENVICE BROOKLYN CENTER POST Hennepin Co. OCT 13 ji:3 Editorial After checking facts metro taxpayers may want to revolt Major changes in state tax laws slated to take effect next year could very well prompt a revolt from metropolitan tax- Payers - Why? Here's some ammunition to start the revolt: State taxes are expected to rise next year by $176 million. according to estimates by House of Representatives re- searchers. Of that amount. 5144 million. or about 67 percent. is earmarked for the metro area. Since metro communities have higher tax bases than non -metro communities, this seems fair enough. But. if the bulk of the tax increase is laid on metro tax- payers, it follows that most of the state aid and credit should be channeled to them, too, Instead. non -metro communities, which are absorbing about 21 percent of the total -tax increase, will receive 54 percent of the state aids and credits. Here's another round of ammo: Is it fair that a metro resident with the same income as a non -metro resident pay two, three, even four times higher taxes because of higher property values? A modest home in Richfield, Columbia Heights. St. Louis Park or any other metro community is now considered to be valued at about $80.000. Take that same house. put it in Mankato, Detroit Lakes or St. Cloud. and it will likely be valued at 540,000. This wouldn't be so bad if the increase in property values averaged the same in metro and non -metro areas. But, the average values in the metro will shoot up 5.6 percent next year and Just 1.2 percent in non -metro areas. That's the main reason why non -metro taxpayers will only see about 0.6 percent increases next year and the average metro taxpayer about 9.3 percent: But suburban taxpayers will see increases in the double digits. South and western Hennepin County taxpayers will see an average increase of 11.5 percent. Bloomington tax- payers will see a 12.5 percent increase. Suburbs south of the Minnesota River will be hardest hit with an average increase of 14.2 percent_ •--. _ - Roseville resident Gary Blume has filed a lawsuit claiming his Ramsey County neighbor who happens to live across the street in St. Paul will pay less in taxes while receiving iden- tical county services. Two lobby groups, the Municipal Legislative Commission, a coalition of 15 suburbs. and the Association of Metropolitan Municipalities. which represents 66 cities in the seven -county area, have joined the suit. The lawsuit deserves popular support because it will result in the Legislature addressing a key issue in its attitude toward tax reform. If the state is going to switch from basing taxes on tradi- tional mill rates and move to something called "tax capacity rates," and if it is going to start including income as part of someone's property tax determination. then the Legislature must also change the very reasons for taxations in the first place. The old premise that taxes are based on the market value of a property, one's ability to pay and the degree to which public services are delivered doesn't make sense any more in light of the widening gap between metro and non -metro property values. Perhaps the only solution to this tax inequity won't be found in the courts, but by the census bureau when it deter- mines suburban population growth in 1990. Right now. it's estimated that the suburbs have 60 percent of the state's population and only 40 percent representation. After 1990 that will surely change, along with the tax ine- quities. But that doesn't make next year's unfair tax hikes any easier for suburbanites to swallow. STATUS REPORT ON CONSTITUTIONAL CHALLENGE The law suit challenging the constitutionality of disparity reduction aid is moving ahead. Although the length of time each legal step has taken has been slightly longer than expected, the background research and legal drafting is on schedule. This memo will provide you with an update on this important challenge. The basis for the challenge is not the amount of dollars the suburbs will receive in disparity aid versus the amount the Iron Range receives. Although the difference in dollars is great, the Legislature has the constitutional authority to distribute state aid dollars using an unfair or inequitable system. The Legislature doesn't, however, have the constitutional right distribute state dollars which would result in a non-uniform property tax. The basis for this law suit is the uniformity clause of Minnesota's Constitution. Minnesota Constitution Article X, Section 1, reads in part: "Taxes shall be uniform upon the same class of subjects and shall be levied and collected for public purposes..." We are alleging in the law suit that Disparity Reduction Aid does cause property taxes to be levied in a non-uniform manner on the same valued home receiving identical services. I have attached a hypothetical example of how this unconstitutional distribution would occur under the disparity aid distribution system. The lawsuit was filed on August 3, 1988. the plaintiff is Roseville resident Gary Blume. The suit alleges that Blume will pay more in Ramsey County property taxes than a St. Paul resident living in a home of equivalent market value and receiving identical county services. The Association of Metropolitan Municipalities passed a resolution supporting the law suit on July 15, 1988. The Association of Small Cities passed a similar resolution on September 24, 1988. There are now nearly 500 cities (out of 850) that are supporting the MLC effort. The Office of the Attorney General, State of Minnesota, intervened on behalf of Ramsey County on September 9, 1988. Depositions are set for the first week in October. The law suit will be transferred to the Minnesota Tax Court when we request a trial date. The chart below is the certified amount of Disparity Reduction Aid different areas of the state will receive. These amounts will be shared among all taxing jurisdictions. Total All Suburbs and Metro Small Cities $ 61,999 Total Minneapolis/St. Paul 4,528,962 Total Statewide 56,698,999 Total Metro Area 5,590,961 Total Non -metro Area 52,108,038 Total Taconite Area 13,385,641 Total Duluth 14,027,614 This means that for every $100 of disparity aid distributed, the suburbs and small metro cities will receive 11 cents compared to $91.90 to the non -metro area, $23.61 to the taconite area, and $24.74 to Duluth. On a per capita basis, the suburbs and small metro cities will receive 4 cents versus $42.66 to the non -metro area, $149.55 to the taconite area, and $420.75 to the City of Buhl. -2- HYPOTHETICAL EXAMPLE OF DISPARITY AID FORMULA City of Smith County of Jones School District Main School Street District - 668,303 Home 41. 568,000 Home 12 Levy on Levy on u,._e #2. City of Smith Lew 25 mills 25 mills County of Jones Levy 38 mills 39 mills School District a Lew 65 mills -- School District E levy -- .1.1.......s. -;" 128 mills 138 mills Because Home 12's levy exceeds 128 mills, etate paid disparity aid is used to -buy clown" 10 mills. Lets assume the cost of this buydown is 5200,000, i.e., 5202,300 of dtsoer.ty aid la sent to local units of government located in School District E to reduce the total mill rate from 138 to 128. The law requires that this buydovn be distributed to local units .n proportion to the total levy. The City of Smith, which levies 18% of the total levy of 138 mills, would receive 18t of the disparity aid. 18% x 5200,000 - 536,000 The county of Jones, which levies 27% of the total levy, would•receive 27♦ of the disparity aid. 27% x 5200,000 - 554,000. School District E, which levies 55% of the total levy, would receive 55% of the disparity aid. 55% x 5200,000 - 5110,000. 2f the City of Smith and the County of Jones were authorised by statute to spread this aid citywide and countywide, there would not be a constitutional question. But the law requires that the aid be spread only in the portion of the city and county where the mill rate exceeds 128 mills, i.e., within the boundaries of School District E. After the distribution of disparity aid, the effective tax rates (and equivalent mill rates) would appear as illustrated below: Hr^e 11 Y^-- 1= Mill ETR Y.ill ETR Rate Rate City of Smith 25.0 .0020 23.2 County of Jones 38.0 .0030 35.3 School District E ---- 69.5 School District W 51.1 .0..0. 1 -- Total 128.0 .0100 128.0 The resulting taxes will be: .0018 .0027 .0055 .0100 lin-.e 41. H^ -e Q. City of Smith Tax 5136.00 5122.40 County of Jones Tax 204.00 1E3.60 School District E Tax -- 374.00 School Oistr.ct W Tax 14_00 -- Total Tax 5680.00 5680.00 The constitutional argument will be that a person residing in a 568.000 home in the City of Smith would pay a nonuniform tax for identical city services -- 5136.00 vs. 5122.40. The same person would also pay a nonuniform county tax -- 5204.00 vs. 5183.60 for identical county services. The same person would pay a u..1.1-1.= school tax, even though the amounts are different for the same home. Since the taxpayer .a in a .. =-e^- school district, they are not considered within the same class of suo)ects and therefore this portion of the distribution would be constitutional. municipal Legislative Commission June 9, 1908 1989 DISPARITY AID DISTRIBUTION (To All Taxing Jurisdictions) Number of Cities Receiving Disparity Aid City Amount 23 LARGE SUBURBS 1 Hastings $ 3,125 28 HIGH-VALUE SUBURBS 1 Chanhassen $ 1,277 31 HIGH GROWTH SUBURBS 1 Elko $ 2,027 50 METRO SMALL CITIES 8 Carver $ 3,333 Farmington $14,270 Hamburg $ 6,890 Hilltop $ 779 Jordan $10,945 Mayer $ 5,190 Mendota $ 1,620 Waconia S 2,452 Total $45,479 * 132 Total suburbs and metro small cities (excluding Minneapolis and St. Paul) * 11 Receive Disparity Aid = $51,908 * It will cost more to do the paperwork at the state/local Level than what they receive. * % Disparity Aid to Suburbs/Metro Small Cities = .01 DISPARITY AID PERCENT STATEWIDE $56,698,999 NON• -METRO $52,108,038 91.90% METRO $ 4,590,961 8.10% SUBURBS/METRO SMALL CITIES $ 51,908 .09% TACONITE AREAS $13,385,641 23.61% DULUTH $14,027,614 24.74% MINNEAPOLIS/ST. PAUL $ 4,528,962 7.99% To state another way: * For every $1 million of Disparity Aid distributed, suburbs and small metro cities will receive $900. * For every $1,000 distributed in Disparity Aid, suburbs and small metro cities receive $ .91. * For every $100 distributed in Disparity Aid, suburbs and small cities receive 9 cents. Disparity Aid Distribution Page 2 For every $100 of Disparity Aid distributed: METRO AREA (including Mpls/St. Paul) receives $ 8.10 NON -METRO AREA receives $91.90 TACONITE AREA receives $23.61 DULUTH receives $24.74 MPLS/ST. PAUL receive $ 7.99 SUBURBS/SMALL METRO CITIES receive $ .09 CITY OF HIBBING receives $ 6.10 CITY OF VIRGINIA receives $ 3.63 DISPARITY AID DISTRIBUTION PER CAPITA* Disparity Disparity Aid Population Aid Per Capita SUBURBS/SMALL METRO CITIES 1,400,226 $ 61,999 $ .035 MPLS/ST. PAUL 627,000 $ 4,528,962 $ 7.29 METRO 2,027,226 $ 4,590,961 $ 2.19 NON -METRO 1,221,506 $52,108,038 $ 42.53 TACONITE AREA 89,508 $13,385,641 $ 151.71 DULUTH 84,012 $14,027,614 $ 168.88 STATEWIDE 3,248,732 $56,698,999 $ 17.05 CITY OF HIBBING 19,002 $ 3,457,520 $ 184.11 CITY OF VIRGINIA 9,835 $ 2,057,664 $ 327.32 CITY OF BUHL 1,030 $ 433,375 $ 288.58 *Using 1988 Population Estimates (no townships) ��1 titv o1 z agan 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE (612) 454-8100 November 8, 1988 Dear Residents: RE: PILOT KNOB AREA VIC ELLISON THOMAS EGAN DAVID ti GUSTAFSON PAMELA McCREA -HEODORE WACHTER C oUro, Merrners THOMAS HEDGES ;:Tinistraror EUGENE \:AN OVERBEEE The purpose of this letter is to inform you of a meeting to be held on November 28, 1988, at 7:00 P.M., Eagan Municipal Center, for the purpose of reviewing the need and desire for a proposed bituminous trail along Four Oaks Road, through Unisys property to Pilot Knob Park. Attached is a site plan which conceptually depicts the location of this trail. The City's Comprehensive Trails Plan of 1982, recognized the need and an opportunity to provide a connecting link from Pilot Knob Park, on the north, through the Unisys property and Four Oaks Road to Coachman Road and on to Quarry Park. This trail link would provide for a loop system of trails within your neighborhood. These trailways would also act as connectors to the arterial trail systems which are transportational in nature. The proposed trail, if constructed, would be a three season trail. That is, the trail would not be cleared of snow during the winter season. Unisys would be providing the necessary easements for the trail through their property and through the tax increment financing package, will also provide for construction costs. Therefore, there will be no costs to residents for this connecting loop. The City's consulting engineering firm will soon be doing some preliminary staking to assist with the engineering of the proposed trail. At the same time, they will also stake a tentative alignment for you to review. If you have questions relative to the trail please attend the meeting scheduled for November 28. If you are unable to attend and still wish to make a comment, you may do so by directing your written comments to the Parks & Recreation Department. Sincerely, Ken Vraa Director of Parks & Recreation KV/bls Distribution: Area Residents Advisory Commission City Council THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY • imm‘ irr= ‘t771r47M17,1"!I7?„. 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I I-.... .=‘..- --..777"rV'!fr7,57Th.-40a44..-.., lirablIZtt5Oatilhar '-- WIIIIIMPIMMOSPIONI 6P4111,11:7 -4.'r::11:1- ,...37 1"-G\ October 10, 1988 Dear Friends, CHRISTMAS IS LOVE As you make your Christmas list Orvilla Home hopes you will remember the adults living here. Orvilla residents are affected more and more by financial cuts. This leaves little to look forward to as far as Christmas necessities and special activities, etc. For those of you who are not acquainted with us, Orvilla is a community based living facility for 54 moderate to severly retarded adults. We also operate seven other group home and apartment programs which house a total of. 74 higher functioning adults. We are asking for new items or money to purchase things that would he appropriate for our residents. Please make your contributions payable to Parents and Friends of Orvilla, a non-profit organization and it will be tax deductahle. If you have items to be picked un, or nuestions about donations please contact Eileen at 454-8501 or 291-1557. In order to have ample time for staff and myself to select individual gifts, we have set December 10th as the deadline. This will give us time to wrap gifts, but we are also glad to receive after the deadline as we have many people to care for. Please do not wrap the gifts but include wrapping parer if you wish. We wish you a Merry Christmas and a peaceful New Year. Your contribution will long be remembered. Sincerely, Eileen Kern Orvilla Homes F \ L' D PROTECTIVE INSPECTIONS MONTHLY REPORT - OCTOBER 1988 NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE 175 1,503 Electrical Plumbing HVAC 107 868 114 1,123 Water Softener Signs Well, Cesspool, Septic Tank YTD 7 118 29 162 1 9 NATURE OF BUILDING PERMITS ISSUED MONTHLY NO T FEE (PLAN REV FEE TOTAL FEES i111 17 L . __________ FOUNDATION 4 I$ $ 180.00 j$ $ 181.50 609 SINGLE FAMILY 72 i 7,249,0001 40,704.00 ; 20,352.00 193,989.00 28 DUPLEX 2 238,000, 1,272.00 636.00 5,619.00 56 TOWNHOUSE 8 557,0001 3,620.00 1 1,810.00 20,079.50 4 0 CONDO 0 APT BLDGS 0 1 0 AGRICULTURAL 0 24 COMMERCIAL 2t 1,350,000 4,730.00 2,365.00 31,562.00 76 COMM/IND REMODEL 13 565,200 3,302.00 1,499.001 6,800.00 7 COMM/IND ADDITION 3 41,000 406.00 113.00 539.50 2 INDUSTRIAL 0 0 INSTITUTIONAL 04 8 PUBLIC FACILITIES 1 270,000 1,126.00 563.00 9,460.00 15 RES. GARAGES 21 14,000 164.00 i 172.00 55 RES. ADDITIONS 7 90,00C 896.00 313.00 1,262.00 33 SWIM POOL 1 10,00C 106.00 111.00 308 MISCELLANEOUS 26 106,000 1,350.00 1,410.00 1 DEMOLISH 0 2 HOUSE MOVES 0 1,245 MO. TOTALS 141 10,490,20C 57,856.00 27,651.00 271,185.50 - 1 ADJUSTMENTS 1,244 YEAR-TO-DATE 127,866,236 578,236.00 253,523.50 2,779,002.6C PROTECTIVE INSPECTIONS - MONTHLY REPORT DATE OCTOBER 1988 MULTI -FAMILY BREAKDOWN TYPE MO. # OF PERMITS MO. # OF BUILDINGS YTD # OF BUILDINGS MO. # OF UNITS YTD. # OF UNITS # OF PERMITS VOIDED II OF UNITS MOVED IN1 DUPE 2 1 14 2 28 3-PLEX 1 3 4-PLEX 8 2 14 8 56 5-PLEY 6 -PJ -EY 3 18 7 -PLEB 8-PLEX 10-PLEX ii 12-PLEX 16-PLEX APT. BLDG. i OTHER TOTAL: 10 3 32 10 105 PROTECTIVE INSPECTIONS MONTHLY REPORT COMMERCIAL/INDUSTRIAL & INSTITUTIONAL BREAKDOWNS DATE OCTOBER 1988 BLDG. 1 1 1 1 PERMIT # 1 ADDRESS & LEGAL 1 OWNER 1 VALUATION 1 OCCUP. 1 2845 WEST SERVICE RD 1 1 1 15765 1 L14, 16, 17, B7, EAG CTR Ili B.A. KARBANK CO 1$ 950,000 •COMM NEW 1 4015 NORTHVIEW TER 1 COMMUNITY OF JOY I 15763 1 LI, B1, COMMUNITY OF JOY 1 CHURCH 1 1 270,000 IPUB. FAC. NEW 15722 1 1579 CLIFF ROAD 1 L5, 81, THOM LK CTR ADD 1 1 YOCUM OnCO 1 1 400,000 1 •COMM NEW 15761 1 1765 YANKEE DOODLE RD 1 L10, B2, SIB TERM IND PK 1 BEST BRANDS, INC.1 25,000 1 'COMM ADD 1 3240 TERMINAL DRIVE i i 15727 1 L3, B2, SIB TERM IND PK 1 JOHN J OCEL 1 10,000 1 •COMM ADD 15746 1 3101 SIBLEY MEMORIAL HWY 1 R.L. JOHNSON 6 000 1 LI, B1, EAGAN 13 IND PK 1 •COMM ADD 15753 1 3500 YANKEE DRIVE 1 1 1 Li. Bi. R.L. JOHNSON 2ND 1 R.L. JOHNSON 1 345,000 TINT. IMPR. 15797 1 915 YANKEE DOODLE RD 1 L33, B4, EAG CTR IND PK 4 • NW WHOLESALE LBR • 50,000 •1NT. IMPR. 15751 1 1940 CLIFF LAKE RD • 1 1 L1, B1, CLIFF LAKE CTR 1 CUB FOODS I 40,000 TINT. IMPR. 15759 12105 iRD 1 M. AUSTIN SMITH 1 35 000 1 L1, B1, , CEDAR CLIFF COMM P41 1 •INT. IMPR. 1 15757 1L2, B2, EAG OFC PK #2 1 I 30,000 TINT. IMPR. 1 1380 CORP CTR CURVE 1 1 • 15687 11260 YANKEE DOODLE RD 1 1 1 1 L2, Bi, TOWN CTR 100 2ND 1 1 25,000 1INT. IMPR. 12105 CLIFF ROAD 1 1 1 15750 1 L1, BI, CEDAR CLIFF COMM P41 M. AUSTIN SMITH • 18,000 •INT. IMPR. 15704 11565 CLIFF RD., #20 I 1 i EAGAN CTR ASSOC IL1, BI, THOM LK CTR 1 • 8,000 •INT. IMPR. 15755 13440 DENMARK AVE IL1, B1, TOWN CTR 100 6TH / • W.R. CLIFFORD 15796 13259 TERMINAL DR 1L061. Bi. SIB TERM IND PK I I G. ROHDE 1 1 1 1 5,000 5,000 1 •INT. IMPR. / 1INT. IMPR. 15715 12105 CLIFF RD 1 I 1 1L1, B1, CEDAR CLIFF COMM P41 M. AUSTIN SMITH 1 3,000 1INT. IMPR. 15794 13916 SIB MEM HWY 1 1 1 I L051, B6, SECT 19 I BOB VANDER AARDE 1 600 IINT. IMPR. 15795 13918 SIB MEM HWY 1L051, B6, SECT 19 1 1 • 1 JOHN VANDER AARDEI 600 1INT. IMPR. • 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 I 1 1 • 1 I 1 1 1 I 1 1 1 1 1 1 I 1 / / 1 1 1 1 l�3 PROTECTIVE INSPECTIONS MONTHLY REPORT - NUMBER OF PERMITS ISSUED Electrical Plumbing HVAC OCTOBER 1987 THIS MONTH YEAR-TO-DATE 124 1,624 98 982 84 1,193 Water Softener Signs Well, Cesspool, Septic Tank YTD 15 170 17 120 2 15 NATURE OF BUILDING PERMITS ISSUED MONTHLY • I 1Zrr. : NU. VALUATION i FEHMIT FEE tPLAN REV FEE TOTAL FEES 20 FOUNDATION 3 $ $ 45.00 $ $ 45.00 603 SINGLE FAMILY 74 6,874,000 35,138.00 17,568.75 59,005.05 46 DUPLEX 2 108,000 685.00 342.50 4,485.50 88 TOWNHOUSE 0 3 I CONDO 0 11 APT BLDGS 3 1,500,000 5,110.50 2,555.25 102,591.75 0 , AGRICULTURAL 0 29 COMMERCIAL 2 337,000 1,417.00 708.50 6,174.00 96 COMM[/IND REMODEL 8 174,000 1,176.50 475.50 1,739.50 7 COMM/IND ADDITION 0 2 INDiSTRIAL 1 250,000 953.50 476.75 1,555.25 0 INSTITUTIONAL 0 5 PUBLIC FACILITIES 0 52 RES. GARAGES 11 62,500 706.50 50.25 790.25 35 RES. ADDITIONS 6 109,000 900.60 359.30 1,314.40 17 SWIM POOL 1 15,500 135.50 67.75 211.25 271 MISCELLANEOUS 26 119,700 1,308.30 1,371.80 3 DEMOLISH 1 15.00 15.00 2 HOUSE MOVES 0 r 1,290 MO. TOTALS 138 9,549,700 47,591.40 22,604.55 179,298.75 - 3 -2 (SF DWG) - 149,000 - 782.50 - 391.25 - 4,534.75 1,287 YEAR-TO-DATE 132,135,317 549,372.78 261,202.35 2,912,080.93 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL KEN VRAA, DIRECTOR OF PARKS & RECREATION OCTOBER 25, 1988 TRAILS COMPENDIUM FROM: DATE: RE: PURPOSE This memorandum is tended as a summary of the relevant issues concerning the trail history and use in Eagan. At recent council meetings there have been items pertaining to trails, so I thought I would provide the Council with this additional background information. BACKGROUND In July, 1980, the City of Eagan initiated its Bicycle Trails plan, which represented the first detailed effort for an overall City Trails Plan document. The original goals and objection of the plan have been updated and provided the basis for the Comprehensive Trails Plan, which was completed in 1982. This plan focused primarily on pedestrians and bicyclists, however other trail users were considered. The proposed land use within the community greatly influenced the proposed trail development. The systems goal was to connect populated areas of the City with popular commuter destinations. Typically, these major trail destinations included the schools, employment and shopping centers, public buildings, parks, transit facilities and the like. It was expected that the trail system would be a three seasonal trail plan, so that in the winter the options using the trails for cross-country skiing remained open. The trails were to be both "recreational" and "transportational". SURVEY INFORMATION In the past year there have been three surveys/field testing which have queried the importance of trails for residents of Eagan. These include the survey by Decision Resources, the Parks & Recreation Department survey completed by Bonnie Blood, University of Minnesota student intern, and the poll conducted by Mayor Ellison. \3s TRAILS COMPENDIUM Page Two October 25, 1988 Decision Resources, an independent research firm, presented its Eagan survey results in March of 1988. Citizens were first asked to rate the Eagan Trails System, and 65% of those polled rated the trails as either good, fair or excellent. Those who did rate the system as only fair, mentioned the need for a more extensive trails system. This survey also concentrated on the type of trail users and the frequency of their use. When the use was examined more closely, 63% of the residents bicycled frequently and 77% walked at least once each week. These results tend to reveal a strong accent on wellness. The importance of "wellness" has grown in importance in the last couple of years from activities which are more passive. Jogging, which is considered by most an intensive activity, has fallen dramatically across the country, and in its place - walking has grown in popularity. It is interesting to note that Eagan runs somewhat counter to this trend, with almost 40% of the residents occasionally partaking in both jogging and walking. SUMMATION In summation, Decision Resources found that the trails system is clearly an important component of the City Parks & Recreation system for most residents. That although already used by a majority of the households on a regular basis, its popularity will likely increase over the next few years of City growth. The second survey was completed by Bonnie Blood, University of Minnesota Internship Program. This study was a follow-up to the 1981 survey completed by our intern to determine resident/user opinions and usage of City trails. I,I comparison to the trails survey conducted seven years ago, there has been a c,nange in users. The past survey showed 70% of the users to be male, with the largest age group being from 11 - 20 years of age. The current survey shows that the average age of users has increased for each activity i.e., bicycling, walking and jogging. Although children still use the City trails, more adults are discovering their use. The survey also found that the most popular user of trails by Eagan residents was for bicycling. And, when compared to the 1981 survey - a definite change is user pattern becomes apparent; the number of walkers have increased substantially. This tends to reinforce the Decision Resources study discussed earlier. The last survey asked the residents to respond to Mayor Ellison's "People's Poll". The results show that ninety (90%) percent of those responding wanted to continue development of the City trails systems. Again, this tends to be consistent with earlier surveys done by the department and Decision Resources. That is, people are supportive and interested in the City trails system with an emphasis towards completion of the various "loops" within the system plan. \-(40 TRAILS COMPENDIUM Page Two October 25, 1988 CONCLUSION The importance and value of trails in planning and programs continues to rate high with residents, and that direct usage has grown amongst all age and user types. The majority of residents continue to support the implementation of the Comprehensive Trails Plan, in order to have a complete loop system. I trust this additional information will help the Council in future issues dealing with the Trails Systems Plan. KV/bls X31 MEMO TO: ALL CITY OF EAGAN EMPLOYEES FROM: ADMINISTRATIVE ASSISTANT DUFFY DATE: NOVEMBER 1, 1988 SUBJECT: RIGHT -TO -KNOW ACT INTRODUCTION The Employee Right -to -Know Act was passed by the State Legislature during the 1983 session and revised in both the 1984 and 1985 sessions. It is enforced as part of the Occupational Safety and Health program in the Department of Labor and Industry. This memo briefly highlights the main points of the law. It is not intended to cover all of the technical aspects involved which are only available by reviewing the statute and the standards. SUMMARY OF THE LAW The Employee Right -to -Know Act is intended to ensure that employees are aware of the dangers associated with hazardous substances, harmful physical agents, or infectious agents (in hospitals and clinics) that they may be exposed to in their workplaces. The Act requires employers to evaluate their workplaces for the presence of hazardous substances, harmful physical agents, and infectious agents and to provide training to employees concerning those substances or agents to which employees may be exposed. Written information on hazardous substances, harmful physical agents or infectious agents must be readily accessible to employees or their representatives. Employees have a conditional right to refuse to work under imminent danger conditions. Labelling requirements for containers of hazardous substances and equipment or work areas that generate harmful physical agents are also included in the Act. WHO THE LAW APPLIES TO All places of employment in Minnesota except those under exclusive jurisdiction of the Federal Government. HAZARDS LISTS The Employee Right -to -Know Standard includes lists of hazardous substances, harmful physical agents and infectious agents to aid employers in evaluating their workplaces. The lists are not all- inclusive and will not always be up-to-date; therefore, employers must evaluate their workplaces to determine if other substances or agents are present in the workplace. 13� Employee Right -To -Know November 1, 1988 Page Two The hazardous substance list contains approximately 750 substances coded to refer to a document that has occupational exposure information on the particular substance. The harmful physical agent list contains four physical agents: heat, noise, ionizing radiation, and non -ionizing radiation. The infectious agent list, which contains bacterial, viral, fungal, parasitic and rickettsial agents, is also coded to refer to a document that contains information concerning the particular agent. LABELING Containers of hazardous substances and equipment or work areas which generate a harmful physical agent must be labeled. As a minimum, a hazardous substance container must be tagged or marked with the name of the hazardous substance, the appropriate hazard warnings and the name and address of the chemical manufacturer, importer or other responsible party. TRAINING AND INFORMATION Hazardous Substances and Harmful Physical Agents Informational data sheets covering hazardous effects and properties of hazardous substances and harmful physical agents to which employees may be exposed must be readily accessible in the workplace. Training must be provided to all employees assigned to jobs where they are routinely exposed to hazardous substances or harmful physical agents. The training programs and written information must include: * name of the substances or agents * level at which exposure is restricted, if known * acute and chronic effects of exposures * symptoms of effects * appropriate emergency treatment * proper conditions for use and exposure * name, phone number and address of a manufacturer of the substance or the equipment which generates the harmful physical agent In addition to the above, the training program and written information for hazardous substances must include: Employee Right -To -Know November 1, 1988 Page Three * potential flammability, explosion or reactivity of the substance * procedures for clean up of leaks and spills INFECTIOUS AGENTS Hospitals and clinics must provide training to their employees on infectious agents to which those employees are routinely exposed. The training program must include the chain of infection, techniques to avoid self -contamination, hazards to special at - risk groups, recommended immunization practices and how to obtain additional information. EMPLOYEE RIGHTS To receive information and training on "Hazardous Substances," "Harmful Physical Agents," or "Infectious Agents" to which they may be exposed. To be trained on the hazards of the above prior to initial assignment to work with the substance or agent and to receive a yearly training update. To refuse to work under imminent danger conditions. EMPLOYER RIGHTS To assign employees to alternative jobs until hazardous conditions can be eliminated. To request a signed statement from employees verifying that training was received. Protection of trade secrets. INFORMATION For more information about the law, you may contact: Department of Labor and Industry St:. Paul Office 444 Lafayette Road St:. Paul, MN 55101 Phone: (612)296-2116 Minnesota Health Department 717 SE Delaware P.O. Box 9441 Minneapolis, MN 55440 Phone: (612)623-5334 REGIONAL TR4 NS IT BQA RD TRANSIT INFORMATION UPDATE Regional Transit Board, Mears Park Centre, Suite 700, 230 East Fifth Street, St. Paul, Minnesota 55101 (612) 292-8789 New Service In 1986, the Regional Transit Board completed the Transit Service Needs Assessment, a study assessing the transit needs of the Twin Cities Area. The RTB, using the information from the study, has begun a program of service improvements in areas where transit needs are not being met. Service improvements being considered include local circulators, reverse -commute, crosstown and rural alternative day. Many of these services focus on suburban communities tying into transit hubs, which have been identified at major and minor shopping centers or activity centers throughout the Metropolitan Area. The RTB staff is working to implement a variety of new services programmed in the RTB's Implementation Plan. Improvements have been made to the transit hub at Northtown and are being examined at Rosedale Shopping Center. Services are being planned in Anoka County and St. Louis Park, crosstown routes on 494 and along the northern edge of downtown St. Paul and rural alternate -day service in Forest Lake and in several other areas. Projects are identified in the RTB's current Implementation and Financial Plan, which is scheduled to be updated by mid -1989. An extensive public participation program is being developed to ensure local government and public involvement in this process. The implementation of the projects is also largely contingent on legislative appropriations. Light Rail Transit The future development of light rail transit (LRT) in our metro region always generates a great amount of interest. The RTB currently supports the development of an LRT line along the Midway Corridor connecting the downtown areas of St. Paul, Minneapolis and the University of Minnesota. This corridor remains the regional priority corridor. In addition, the Hennepin County Regional Railroad Authority has developed a comprehensive LRT system plan for Hennepin County addressing proposed financing, design, alignment and operation. As required by legislation, the RTB recently commented on the Hennepin plan. The RTB's review focused on regional issues and included comments on the financial impacts of LRT capital and operating costs on existing transit systems, how this system correlates with established regional priorities for transit capital and service improvements, a barrier -free design and the need for regional coordination of LRT development with existing transit systems. Transit Funding In the current biennium the operating costs of the regular route transit system came from the following sources: Property Tax Fares State funds Federal funds 50% 35% 8% 7% The Minnesota Legislature passed legislation in 1988 that now transfers 30 percent of the Motor Vehicle Excise Tax (MVET) for transportation. Of this amount of funds, 25 percent goes for transit programs, with 80 percent of these funds staying in the metropolitan area. Metro transit received in 1988 an additional S14.2 million in MVET. This was appropriated as new monies to the following programs: Metro Mobility New Transit Service Regular Route Transit (to offset federal losses) Senior Fare Reimbursement County Light Rail Transit Planning S6,000,000 $ 1,600,000 $1,700,000 $ 700,000 $4,200,000 Any additional amount of MVET dollars transferred in 1989 by the Legislature will need to be considered for a variety of uses. This includes funding needed to meet the operating needs of the current transit system; funds for the development, engineering and construction of an LRT system; dollars used to offset the loss of federal capital dollars, funds used to reduce the growing reliance on property taxes that now are used to fund transit and funding of MTC capital needs no longer supported by federal grants. Metro Mobility This year the final expansion of Metro Mobility, a specialized door -through -door service for disabled people, was expanded to provide service in the entire transit taxing area. It now services every community that has regular bus service. Several capacity problems have developed with the system, which now provides about 100,000 rides each month. Some of the increased use has been created by use of the system for trips to various day activity centers and workshops and social service programs. This has reduced the capacity for persons using the system on an individual basis. This problem, along with the eligibility criteria, is now being examined by the RTB and potential solutions are being considered. • Ce Hennepin County Regional Railroad Authority Issue 10 11-a-88 ▪ LRT System Plan Continues The Hennepin County Regional Railroad Authority (HCRRA) continues its work in ceveloping a light rail transit (LRT) system for Hennepin County. In June 1988, HCRRA adopted the Comprehensive LRT Plan for Hennepin County. This plan was the culmination of a ten-month planning process that addressed: • LRT Design and Service Standards and Policies • System Definition • System Financing • Potential Public Benefits • Implementation Alternatives • System Operator The County is now concurrently conducting an Environmental Impact Statement (EIS) and Preliminary Engineering on a system generally based on the Stage I LRT Plan. ▪ LRT Preliminary Engineering and Related Studies HCRRA has hired BRW, Inc. to conduct Preliminary Engineering and Re- lated Studies for the LRT Stage I system plan, as described in the LRT EIS Scoping Decision Document. This activity involves three major tasks detailed below. Together, these tasks represent the work neces- sary to advance the project from its current planned stage to a level of design sufficient to serve as the basis for a "Super Turnkey," "Turnkey" or conventional Final Design effort. Preliminary Engineering generally represents an overall level of design of approximately 30 percent of the total design effort. �+_- IICHRP, r1 Stage 1 1 Rt System 20 Year Comprenensne LAT System Plan Preliminary Engineering and Related Studies include the following three tasks: Part A - Preliminary Design Plans - including the general definition of the horizontal and vertical alignment of the track, station platform loca- tions and ancillary station facilities, yard and shop facilities, the general limits of construction, the relationship of the LRT system to the street system, and a conceptual operating plan of the proposed LRT system. These preliminary design plans must be approved by the local units of government through which Stage I LRT service is proposed, as required by state legislation. Municipal approval is being sought by March 1989. Part B - Preliminary Engineering - including the further advancement of engineering and architectural design work from and based on the Preliminary Design Plans, including the identification of elements of facilities proposed to be constructed or procurred in preliminary form and level of detail. Included are the preliminary mathematical estab- lishment of horizontal and vertical alignment of the rail transit system; preliminary design of all standards and special structures of all stations and other buildings, of all station site features, and of all ancillary facilities; and the preliminary design of systems of electrical power, lighting, plumbing, environmental control, fire protection and com- munication; and site development features, including grading, drainage, paving, utility connections and landscaping. Within the scope of this term is the development of outline specifications of the proposed con- struction and related procurement and the preparation of a preliminary estimate of construction and procurement costs with a high enough level of confidence to establish the base project budget. Related Studies - including economic development forecasts, bus ser- vice planning, LRT patronage forecasts, financial plan and other studies. I tcRNA Slaqe 1 LRi Sy.lem Stage 1 Plan As Recommended In HCRRA Comprehensive Plan -6/88 `/ /���1., 1. Hennepin County Regional Railroad Authority Issue 10 11-4-88 In order to develop preliminary design plans (Part A of Preliminary En- gineering) that satisfy the needs and concerns of the proposed LRT system as well as those of the municipalities it will travel through, a par- ticipation/communication process has been established with each city along the Stage I system, the University of Minnesota, and the Park and Recreation Boards of Minneapolis and Robbinsdale. This process is designed to accommodate and encourage ongoing ef- fective communication between HCRRA, BRW and these interests, their city staff, city officials, residents, business people and others, thereby facilitating timely municipal approval of a carefully planned, sensitive LRT system. 3 Environmental Impact Statement Concurrently with Preliminary Engineering, an Environmental Impact Statement (EIS) is being conducted to analyze potential impacts of LRT on the environment. The Preliminary Engineering and Related Studies will be coordinated with the work of the EIS. On October 25, 1988, HCRRA made its EIS Scoping Decision and adopted a Scoping Decision Document. This document identifies what LRT alternatives and analysis topics should and should not be included in the EIS. HCRRA chose to study the potential environmental impacts of three Central Area Alignment LRT alternative options. These options are il- lustrated in Figures 2-4 in this newsletter. After detailed environmental analysis of each of these three options, the preferred option selected by HCRRA might be comprised of a combination of system links found in Options A -C and analyzed as components of those options. Analysis topics included in the EIS include: • Wetlands, Vegetation and Wildlife • Soils • Steep Slopes and Other Geologic Hazards • Shoreland Zoning, Floodplain, Mississippi River Critical Area • Groundwater Appropriation • Runoff and Receiving Waters • Air Quality and Noise • Cultural Resources • Parkland • Traffic • Transit Service • Visual Impacts • Economic Development, Employment, Development and Neighbor- hood Impacts • Financial Impacts • Twenty -Year System Issues Northwest Northeast Corridor Connection to be Determined University to Ramsey County South Corridor Legend: Connection to be A[ Grade Determined in Tunnel I -35W EIS HCRRA Stage 1 LRT System mew October 25, 1988 ... FIGURE 2 Alternative 1 Option A Hennepin County Regional Railroad Authority Issue 10 11-4-88 Northwest Northeast Corridor Connection to be Determined ▪ ....... -� ......... `1,. - , University to Ramsey County Note: South Corridor Service to be Determined in I -35W EIS Hiawatha Legend: At Grade Tunnel HCRRA Stage LRT System October 25, 1988 FIGURE 3 Alternative 1 Option B Northwest Northeast Corridor Connection to be Determined University to Ramsey County Area for Location of At -Grade Alignments in Downtown f—Nicollet Avenue At -Grade Hiawatha Southwest 1;) HCRRA Stage 1 LR1 System Iirw October 25, 1988 South Corridor Connection to be Determined in 1-35W EIS LP+ Legend: m At Grade FIGURE 4 Alternative 1 Option C V I E rr lt' / S L ! �' 3 Purpose of This Newsletter Hennepin County Regional Railroad Authority Issue 10 11-4-88 HCRRA considers it critical to maintain ongoing effective communica- tion with the public, municipalities, and other groups and agencies that 7:30 p.m. Briefing might have interest in LRT. This emphasis was developed during the Planning Commission/City Council comprehensive planning process in 1987. In addition to the public City Hall, Brooklyn Park forums, public hearings and other meetings that will be held on LRT throughout the county, HCRRA commits to reinstating publication of Friday, November 18. 1988 this newsletter to provide vital communication on the progress of LRT 9:00 a.m. Intergovemental Advisory Committee system planning. LRT meetings are scheduled on the following dates. 1 Thursday, November 10, 1988 Hennepin County Regional Railroad Authority 2307-A Hennepin County Government Center Minneapolis, MN 55487 Jeff Spartz, Chair Sam S. Sivanich, Vice Chair John E. Derus, Treasurer Mark Andrew, Secretary Randy Johnson John Keefe E.F. Robb, Jr. HCRRA Staff 348-4077 Vern Genzlinger Ken Stevens Janet Leick BRW, Inc. 370-0700 Rose Faeges-Easton \>b BULK RATE U.S. POSTAGE PAID PERMIT NO. 847 Mpls., MN Waste Systems BROWNING -FERRIS INDUSTRIES ARROWHEAD REGION October 27, 1988 Mr. Jon Hohenstein Administrative Assistant City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 Dear Jon: I regret that recent developments have prevented my attendance at the Commission meetings. As you know, the issue of recycling is in a state of rapid change and unfortunately, all the change is not occurring in the Twin Cities area. I would respectfully request that in the event I am unable to attend future Commission meetings or hauler workshops, that Kevin Tritz, District Manager of Woodlake Sanitary Service, Inc. be designated as my representative. Kevin has over twenty years of experience in the solid waste industry and can provide the Commission with the benefits of his experience along with that of BFI. Please call me if you have any problems with this request. I appreciate your cooperation and understanding in this matter. Sincerely, /.i Kevin Nordby Divisional Vice President Recycling Services KN/njo cc: Kevin Tritz P.O. BOX 1375 • MINNEAPOLIS, MINNESOTA 55440 • (612) 941-5957 9813 FLYING CLOUD DRIVE • EDEN PRAIRIE, MINNESOTA 55344 MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL • •EAGAN* MINNESOTA NOVEMBER 1, 1988 A regular meeting of the Eagan City Council was held on Tuesday, November 1, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, C©imunity Development Director Dale Runkle, and City Attorney James Sheldon. AGENDA Item F. under New Biisiress- (fibseagan Addition) was continued until the November 15, 1988, meeting. Item E under New Business (Linville Properties, Inc. - Conditional Use Permit) was sent back to the Planning Commission. Gustafson moved, Egan seconded:, the motion to approve the agenda as amended. All voted in favo.r;. MINUTES October 18. 1988. Couhdilmenber Egan requested changes on page 8, paragraph 4, the last sentence .41:o:u1d read "Councilmember Gustafson remarked that he felt it wa:s: a good use of the land and preferred it over the R-3 zoning." He also requested a deletion on page 12, paragraph 7, of "3.2"; and page 13, last paragraph, should read "Gustafson, Wachter, and McCrea voted in favor; Ellison and Egan voted against." • Tom Colbert requested: • :• •cha.4g0 •on page 16, paragraph 8, the deletion of "Mr. Colber:i;:':s" anti: the replacement with "the Committee's". Egan moved, Wachtesec.onded, the motion to approve the minutes for the October 18, 198$4.r.:equ:am :tfse:ting as amended. All voted in favor. October 11. 1988. Councilmember Egan stated the minutes should reflect that Councilmembers were present at the meeting and who participated in the intervi,:e.w: Egan moved, Wachter :seconded, :th.e motion to approve the minutes for the October 11, 1988, special meeting as amended. All voted in favor. Page 2/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 October 12. 1988. Wachter moved, Gustafson seconded, the motion to approve the minutes for the October •12;, 1988, special meeting as presented. All voted in favor. TAX ABATEMENT/DAKOTA COUNTY ASSESSOR'S OFFICE City Administrator Tom Hedges informed the Council that Bill Peterson, who represented -the Dakota County Assessor's Office, had presented a request for A. tax abatement for Joseph Licha, as approximately one/half adt a of land was lost to the highway taking in 1985. Councilmember Egan requested clarification regarding the amount and the rationale for the reduction. Mr. Hedges explained the matter to the Council and stated it was a small amount which was requested by the County. Egan moved, Gustafson seconded, :he motion to approve the tax abatement as presented by the Dakdta County Assessor's Office for Joseph Licha. All voted in. f:a rdr:: FISHING. P1:FR/FISH LAKE/AGREEMENT City Administrator Tom Hedges. j;:n:troduced the item and outlined the staff report. Councilmember McCrea had several questions regarding the cost to the City, available funds for the project, the maintenance cost, and staff requirements. Mr. Hedges responded to her questions and stated the City would maintain the ,project, .McCrea stated she was concerned about the amount of the dO0t. ti4.e City •Was accumulating and would like a projection of on-going•:cvsts:At. Hedges stated staff would prepare the report. McCrea questioned it -the pier was year-round. Mr. Hedges stated the pier would be. -used year-round. Wachter moved, Gusta :ac3:a -. 041:de:d:, the motion to authorize the Mayor and City Clerk to enter into cooperative agreement with the Minnesota Department of Natural Resources for the installation and operation of a fishing pier on Fish Lake under the terms and conditions of the CORE Agreement. All voted in favor. Councilmember Wachter .ta:le:c} he also was concerned with the park costs. DEPARTMENT HEAD .BUSINESS Chief Southorn update•C:h4:•t 0:US •v: ,1 on the dedication of the training center. ••• • - ••..••• • •• • • Page 3/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Councilmember Wachter stated in front of the Post OffIne;• • felt there was excessive parking City Administrator ftm Hedges introduced the new administrative intern. CONSENT AGENDA Item A. Personnel Items. 1. Combination Building Iris:pector. This matter was continued until the November 15, 19:B:8, me:e:ting. 2. Street Supervisor.:.e.conmended to accept the resignation of Lance Lunr sten: •an,ddtivOrize the advertisement for a replacement for the position of street supervisor at the City of Eagan. Item B. Policy. Affirmative Action. It was recommended to approve: tho. City of Eagan's Affirmative Action Plan and authorize it's. sgbai sion to the Minnesota Department of Human Rights. Item C. Plumbers Lice-ns:.s•;. It was recommended to approve the -plumbers licenses for Benke Company; College City Mechanical; Crown Plumbing; H&H Plumbing; Seitz Brothers, Inc.; and Summit Plumbing & Heating. Item D. Contract 88-23. Approve Change Order No. 2 (Cliff Lake Centre - Streets) . It was recommended t:o::appr.ove :Chernge Order No. 2 (add $8,395.00) to Contract 88-23 (Cliff ;Lake Cistre - Streets) and authorize the _ Mayor and City Clerk to execute.,all related documents. Item E. Approve Fin{ i • lat.:...W•g 0 ;ands 2nd Addition. It was recommended to approve the final plat for the Woodlands 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. Item F. Contract 88-24.;1:t:oeBids/Award Contract (Lexington Avenue Reservoir). It was recommended to receive th bids for Contract 88-24 (Lexington Avenue Reservci:r) and continue consideration of contract award until January 17, 10494•a:nd: t•v •e•rn•courage the City Attorney's Office to expedite the aoq isait•. n.:af:.:the property. Page 4/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Item G. Receive Bids/.Mar.d\5al.e:.of Street Division Vehicles. It was recommended to approve the sale of four surplus City vehicles to Johnson Motoi=..Sales. Item H. Receive Bids/Award Sale of Police Department Vehicle No. 16 and Engineering Division Vehicle No. 103. It was recommended to approve the sale of two surplus City vehicles to Metro Auto a.n:s Suburban Auto. Item I. Contract 87:=11. Fi4a1 Payment/Acceptance (Greensboro 2nd Addition - Streets and Util itie:e:) . It was recommended :td app :oV•e• tithe sixth and final payment for Contract 87-11 (Greensboro 2nd Addition - Streets and Utilities) in the amount of $9,184.73 to G.L. Contracting, Inc. and authorize the acceptance of improvements for perpetual City maintenance. Item J. Contract 85 -JJ. Final Acceptance (Norwest 2nd Addition - Utilities) . It was recommended to approve Contract 85 -JJ (Norwest 2nd Addition - Utilities) fot pexpetual. maintenance. Item K. Contract 87-A, Final,.}eceptance (Lexington Square 5th & 7th Additions - Utilities). It was recommended to approve Contract 87-A (Lexington Square 5th & 7th Additions) for perpetual maintenance. Item L. Contract 87-C, Final Acceptance (Lone Oak 2nd Addition - Utilities) . It was recommended tQ. appr..v:e Contract 87-C (Lone Oak 2nd Addition - Utilities) for perpetual maintenance. Item M. Contract S8:8.,..-.App'9y ..PIan/Authorize Ad for Bids (Fire Stations No. 1. No. 2. and No. 3 ,;,:.Parking Lots) . It was recommended to approve the plans and specifications for Contract 88-28 (Fire Stations No. 1, No. 2, and No.3 - Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Thursday::- : eo.o tber 1, 1988. Item N. Vacate Draige and Uti14tty Easement, Receive Petition/Order Public Hearing (Galaxie._Cliff Plaza) . It was recommended t•a..• eceive:••tit ::petition to vacate the drainage and utility ease3ne :t::Wx:4hji1:..the proposed Galaxie Cliff Plaza Page 5/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Addition and schedule a formal public hearing to be held on December 6, 1988. Item 0. Vacate Public Dight -of -Way and Drainage/Utility Easements, Sunwood Court asd Sunrise Hills Addition. It was recommended to receive the petition to vacate the public right-of-way for Sunwood Court and drainage/utility easements within a portion of Sunrise Hills Addition and schedule a public hearing to be held on December 6, 1988. Wachter moved, McCrea :seconded, the motion to approve the foregoing consent agenda itgms art]: authorize their implementation. All voted in favor. VACATE PUBLIC- RIO5 *.0.1 :WAY/SAFARI PASS Public Works Director Tom Colbert informed the Council that a petition had been received to consider the vacation of a portion of the public right-of-way for Safari Pass. He stated the excessive public right-of-way was acquired by MnDQ•T as a part of the I-35E/Cedar Avenue freeway construct :o:n and subsequently was turned back to the City. All notices .h d bt00 published in the legal newspaper and sent to all potentially affected utility companies. Staff had not received any'oba:ections to the proposed vacation. McCrea moved, Wachter seconded.} t.he.motion to close the public hearing and approve the vacation of a partial right-of-way for Safari Pass. All voted in favor. PRELIMINARY PLAT/SENECA PLANT ADDITION/MWCC City Administrator Tom Hedges summarized the history on the matter. Community Development p;i:tect:t. bale Runkle gave a short presentation on the locatioxi:,• . siz•e, gtihing concerns, operations, odor quantification and the peat::novement. A representative for MWCC .g: a O.: a brief history of the proposal. Bob Isaacson (MWCC - Engine'e'r'in'g' 'Division) explained the purpose of the upgrade consisting of a one-third capacity increase. He stated the project must be completed in 1992 which would necessitate construction beginning in 1989. He reported that the two issues which needed to be resolved regarded the. odors and the stacking of the excess peat. He also presente:c •an.•efit: :uation of the cost for the eastern expansion. He prese. ted letter: •:to the Council from the MWCC. Mr. Isaacson described.:the neighborhood meetings which resulted in two resolutions: 1. Evaluate the best o ot'-:conrofi Technology. Page 6/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 2. Move the peat (which would .cost $1.7 million). He stated there are six potential conditions: 1. Odor control systei:s:. 2. Cost and schedules for odor control. 3. Meetings with the Eagan citizens. 4. Solve the Nichols odor pr-:oblem. 5. Peat disposal. 6. Building permit issuance: ca:ti:ng:e:nt on meeting all conditions. He impressed upon the Council the need to proceed and requested approval. Councilmember Egan commented that there were many unanswered questions and that the present pia -r t :has problems. He questioned if these problems would be solved- before the expansion. He questioned why the 1992 completion date and if •the existing problem with the odor would be addressed. He que:stoned the type of technology to be used and the results. He asked what : s:o:urances the City would have that the processes would be implemented. once a permit was issued. He also asked if the incineration would be discontinued. A representative for MCC explained the incinerator options. He stated the incinerator is an odor source and very expensive but that it may be phased out. He stated there are many options to examine. They are proposing state-of,th0-art •A&i .control. Councilmember Egan que:s:tioned:.f the controls were quantifiable and if they were guaranteed. The developer stated they were quantifiable and estimated. -that g plus of the odor would be removed. He stated there wev:e::s:pec:if#: odor units designed to more than adequately treat the odors. ---• Jim Hiniker informed the Council that the 1992 date was necessary as the EPA demanded the earliest possible date. He explained the technology of the incinerator. Councilmember Egan quegtiOhed 1f the liquid process would be evaluated. The developer stated the MW CC directed the incinerator investigation. Egan questioned if the City had methods to monitor compliance. Mr. Colbert sta:t:ed that perp ps it could be monitored through the County Health 7e.paxtzen :•• ' rr'e: Hedges informed the Council that monitoring had been dis:Ciis-aei:.::t. • e staff level. Page 8/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 8. Other residents. 9. Future impact. Betty Bassett, 2101•Wuthering Heights Road, reviewed the history of the meetings with MWCC which, she stated ended in unsatisfactory results. She also reviewed the past history of MWCC lawsuits and the Seneca plant. She read her letter dated August 29, 1988 to the Council. Mayor Ellison asked•which conditions were acceptable to the neighbors. Ms. Bassett stated the piling of peat. John Wesley, 1747 B:?;:4eh:#l4 stated he felt MWCC was trying to create a regional sewage cent:et+ He :commented on the construction plans and expressed concerns regarding the zoning. He stated he felt it should be Heavy Industrial. Eric Swanson (Citizens for a Better Environment) had two main concerns; one regarding the 1992 deadi.ine, the water standards not being met, the expansion and the E ? ;.:standards. His second concern regarded no discharge limitat1.0n.0 4or toxic chemicals. Al Arends, 2133 Silver..:B.ell Road, asked for the value of the equipment. He stated carbonH.l:t:er.s did not work and had concerns regarding the incinerator, the man:to:r.a.ng, and zoning. He stated he felt property in the area would be det$:alued. Gary Mehrhoff, 2127 Silver Bell Road, had concerns regarding the traffic and the loudness of the PA system. He stated the area was used for recreation and urged rejection of the proposal. Mary Ranerine, 3785 »:i40:s, AUtiliitted a letter to the Council and urged rejection. She heti erwix:onmental and wildlife concerns. Gerry Johnson, 3778..•Golden Hill Terrace, informed the Council he felt the plant was too apse to the housing. He had concerns regarding the odor and the. •et t •.r:.a:nrent. Mr. and Mrs. Sire, 2139 Silver Bell, informed the Council they were denied their mortgage because of the plant proximity to their house. They also had concerns regarding taxes. Ted Tennis, 2135 Wuthet ;4? :::ex:g i.ts, had concerns regarding future expansion and urged•::t:ejectio;.. Mike Hazel, 2129 Silver Bell, outlined the Seneca service area and stated he had concer s:regarding future expansion. Page 7/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Councilmember Gusta :; P:ii •qi e:s:ti n d if the City monitored and found non-compliance, what the City''. next step would be. He felt the 1992 date was unreasonable and MWCC should go back to the EPA. He had concerns regarding the o•dar problem and questioned why it was recurring and asked if the state-of-the-art technology was used in the past. The developer explained past methods used. He stated the new plant would be remodeled.. Councilmember Wachtex was ±:n agreement with Mr. Egan and Mr. Gustafson. He stated MWC:e~.s track record was not good. Councilmember McCrea: •atop Iau fe ..th.e efforts of MWCC but needed further assurances to feel confident df future performance. The developer further explained the odor controls and stated a program of monitoring could be developed in conjunction with the City. It is the intent of MWCC to make the facility a good neighbor. Councilmember Egan quest.j;onea. 'if` there was any supervision in the consent decree to meet.the :standards. The developer stated there is no specific language addressing:the odors and explained the origin of the consent decree. He :f:urthver stated that the EPA wanted a faster schedule. Councilmember Wachter asked for an update on the long-range plan. The developer summarized the long-range plan. Wachter questioned why Eagan should bear the entire burden. The developer stated that Blue Lake, Empire, and Stillwater were also involved. Terrell Fridley (Attor0ey. for Citizens Against Seneca Expansion) informed the Council his c1 .eTit o spesed the expansion and that the Council should take the?portug:ty to make MWCC live up to its promises. He stated his client would discuss the following issues: 1. History. 2. Construction plans. 3. Environmental. 4. Wildlife. 5. Odor. 6. Traffic and noise::.' 7. Property Page 9/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Loren Voigt, 4281 Svensk., stated he works for the PCA and was involved with the consent :4000x. :ffe: informed the Council he was available for questions. Councilmember Egan t:equested clarification of the Seneca violations. Mr. Voigt explained the violations. Mayor Ellison questioned the air quality. Mr. Voigt stated he was uncertain. Mr. Sheldon asked if air quality could be measured. Mr. Voigt statea he was unsure but he would contact the staff at the department. Mr. Sheldon had questions re* arding odor control. Mr. Voigt summarized the controls and stated there were air quality people on staff. The attorney for CASg summarized their presentation. The developer inforr e.d: th:e: o: n x.l. that they had tried to answer the citizens' concerns and felt that the zoning was a City issue. He also stated the Blue Lake sludge would be phased out. Councilmember Egan questioned the firmness of the plans. Councilmember Gustafson stated he felt the plans should have a time frame. The developer stated that back. in 1972, the plant capacity was foreseen before the year .2.00'0. He stated he could not address the property valuations and that thexe were no plans for future expansions. Mr. Gustafson questioned what would prevent future expansions and further questioned the expansion plans. There was much discussion regarding future expansion.- The xpansion.-The developer stated the land to the west was a buffer. And that the land could be deeded to—tiore City. Be stated he felt they had fulfilled the City plat r..eui:-riet$...: Councilmember Egan stated his concerns regarding the sludge hauling. - The developer state.:t:h.at• :S:an-e ca Was a regional center and that the costs would be associated with efficient requirements, not the expansion. He also stated they could not let all of the contracts at the present time and that the industrial uses would increase. He stated the present carbon filters were too small and that the PA system was being replaced. He•. l: Q•.:e.tated the construction would not begin until 1992 and out1i41e4 th'e•• pet:eentages of future growth. Mayor Ellison had questions regarding the plans for the scrubbers on the stack. i# :-asked if ths• ponds would be covered. The developer stated no, buthat. they Appiald reconfigure their plans to improve the tank circulat •0;;:•: Page 10/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Mayor Ellison questio.ne:d itf a :z.4ning change was needed. Mr. Runkle stated it could b . 41.14W:e:tl:.k .an L-1 zoning district. Mr. Sheldon stated the zoning had never been questioned in the past and it would be difficult to •change it at the present time. Councilmember Gustafson stated he felt three things would not change whether they denied or approved the project; odor, market value and surrounding zoning. He stated a potential solution may be to buy out the neighbors instead of moving the peat pile. Councilmember McCrea. questioned if Seneca violated the conditions, should the C:fy impEs:se sanctions. Mr. Sheldon questioned if the City wanted to get into .the waste water management business. He stated if they did, he f• .it the.S.f.aff was not qualified at the present time. McCrea stated the City should have a way of dealing with it on an on-going basis. Mr. Sheldon had enforcement concerns. McCrea questioned the disposition: of the west land. The developer stated it would be used: :a: ::e: buffer. McCrea questionea continuing the matter for fu:r: he•x review. Mr. Egan stated they had already passed the 120 -day period. The developer stated he felt delays would not solve the problem •and questioned if they could agree on a process and have the e•ii:o:'•cement as a condition. Councilmember Gustafson stated tb:e City already had six conditions and there were four or five others from the citizens and other City conditions. He suggested continuing the matter until the November 15, 1988 meeting to compile all of the conditions. Mayor Ellison stated he felt the matter should only be continued if the Council were going to move foxward. McCrea stated she favored eventual approval for sever*1: x:easPns:..and if the conditions were assured, she would feel ed tfottAt4e. Mayor Ellison recapped his. experience in researching the plant. He stated MWCC had not dent well with the past problems. He stated he had two objectives; o40.14:0“0: pOigate the odors. He also stated the plant must have• -'the- ca•pacty for the future and that MWCC seemed serious about solving the problems. He also stated the odor problems would be less in the future. He felt the City would be better off to allow the expansion. He supported having conditions for approval. Councilmember Gustafs n. supporte4. the Mayor's comments and felt it was better to go forward: but they .needed time to set up the list of conditions. He reiterated he felt the matter should be continued. Councilmember Egan g te:a Aap'0d:` here were plans to re -zone. Mr. Runkle stated there Ni:i r0 -::M :••: cg..t:o re -zone. Page 11/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Mr. Egan stated he was skeptical of allowing MWCC to go forward based on the present infOrtt :tfon. that :was available. He felt the conditions still left th:e:tohtr:oi. te• •the MWCC and he wanted the controls more tightly established. He agreed with the neighborhood issues and felt there was. •a need for a facilitator to control the conditions. He also felt there was a need for a zero base to establish the criteria. He felt a change in plans should require a variance and that the buffer issue needed to be aaaressed. He asked if the City should seek professional consulting advice. He felt other agencies should impose fines and that it was not a City responsibility. Councilmember Wachter stated he felt Eagan had a right to establish the ratio of costs for the plant and that the neighbors should get something for :fhei.x.•r:d0h: Mayor Ellison asked if two weeks would be long enough to continue the matter. City Administrator Tom Hedges stated two weeks would be sufficient time to work on the conditions, however, it may not be sufficient time to obtain a consultant. Councilmember McCrea quest. nne:ei: if MWCC was agreeable to a two-week delay. The deve10:pe:r nt•ste.d their plans were not complete and that a two-week delay was fine: The developer questioned if it could advertise for bids. McCrea moved, Gustafson seconde:cr the motion to continue the matter for two weeks until the November 15, 1988, Council meeting to allow all of the parties in good faith to establish conditions with the staff and a third party (at the discretion of the staff) , review the conditions and present them to the Council for their review. All voted in favor. CONTRACT 87-26/CHANGE::QRDER: C .3 (WESCOTT ROAD - STREETS) City Administrator TOM Hedges updated the Council on the Contract and Change Order"No. 3.., Gustafson moved, Ega:n.••Se tdeti:f. •the motion to acknowledge the correction and reaffirm previous approval of Change Order No. 3 in the amount of $16,107.32 to Contract 87-26 (Wescott Road - Streets) and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. STONEY POINT 2ND A DITION/cX1ARIFICATION OF CONDITION Public Works Director Tom Colbert. informed the Council of the necessity to clarify condtion 13 of the Stoney Point preliminary plat. • Page 12/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Wachter moved, Egan .$econded, the motion to clarify condition number 13 of the Stoney :F:c 1 t Trreli:mirary plat approval regarding the requirement to interconnect the i Mternal street to Pacific Avenue as a condition of the 2nd Addition final plat. All voted in favor. RIDGE HAVEN ADDITION/CLARIFICATION OF CONDITION Public Works Director Tom Colbert reported that staff had withheld the processing of the final plat application for the Ridge Haven Addition until the.. -Completion of the public hearing process to determine if 1) the Sibley Hilae Drive access would be approved and 2) what the proportionate. assement responsibility for the proposed Ridge Haven Addition wound be. iie stated a letter had been received from the developer's engineer appealing the staff's position and requesting that the final. j4at :appL cation be allowed to proceed prior to the determination of whether Sibley Hills Drive access would be upgraded to City standards necessary to provide access for the 14 lot subdivision. Peter Knable (developer) asked to be allowed to waive the assessments by signing the agreement;. :Mr. Colbert stated he was unsure of the amount because 14 t:: nature of the improvements. Councilmember Egan stated:.Wlibuld: not be tied to an uncertain amount. Mayor Ellison suggested leaving the matter open-ended. Mr. Colbert stated the upgrade q::S:ibley Hills Drive was also in question. The developer informed tb:e: Council they would like to complete the work this fall. Mr. Coi:i:ert stated the final plat should be delayed until the access question Was solved. City Attorney Jim Sheldon stated that no action was necessary on the matter. RAHNCLIFF 2ND AODTON/CLA$'ICATION OF CONDITION Dale Runkle updated: -he Co.tncil on the matter. Ray Williams (Astlefard) o:ected to the blockage and stated it was not a farm road. He t.irther •:st:at•eed it had a detrimental affect. George Martin, 303 Cherrywood (Meineke Muffler), stated that the Rahn Cliff intersection is a dangerous intersection but not this particular intersection. He stated the blockage would handicap the business and he was opposed to the proposal. Dave Wurdiek (Rapid p:i:i): •'irifo:riue the Council the access was crucial to his business. Councilmember Wachter: suggested putting in a temporary median. McCrea agreed with Wacht6.:g:;:..ca:H: telt4 temporary barrier was the best solution. • Page 13/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Wachter moved, Gustafson seconded, the motion to clarify the condition to install a temtpoa.ryi.:0Qn;er:ete median and request a full median extension on Cliff' •load :to- improve the safety of the right -in and right -out turn movement from the Rahncliff 2nd Addition. All voted in favor. There was further discussion regarding the access problem. STRATFORD OAKS AND HIDDEN VALLEY/CONTRACT 88-35 Public Works Director. Tom .Colbert informed the Council that staff had been contacted by the.developer of the proposed Stratford Oaks Addition stating it Would not proceed with the development. Therefore, this portion of the Contract would have to be deleted when awarded. McCrea moved, Gustafson seconded, the motion to approve the easement acquisition, receive the bids and award revised Contract 88-35 (Hidden Valley - Sanitary Sewer) to the lowest responsible bidder. All voted in favor. PETITION/STOP BI.pcWj01Dti• 'ROAD AT FARM ROAD Public Works Direct.Q:r "Tom Col:ti:ert reported to the Council that the traffic counts and the- -a:ed studies had been performed by the Engineering Department and the ::o -PE? .Department. He informed the Council of the results of those st.0-died. John Remkus, 4880 Dodd Road, stated he was ambivalent about the stop sign. Donald Clark, 673 Farm Road, requested the City at least install a two-way sign. Councilmember Egan gitestio:ed if a yield sign would be appropriate at the intersection."'Mr. Colbert stated yes. Wachter moved, McCrea: -S.eeo i -d,. - the motion to deny the installation of stop sighs :&t- the i:r e-rsection of Dodd Road and Farm Road and approve the installation of a yield sign on Farm Road. All voted in favor. Councilmember McCrea stated the report which was drafted by Mike Dougherty clarified when stop: iii440 were a necessity. PETITION/STOP SIGN/(O`INGTON LO. AT WEST BEACON HILL ROAD Public Works Director: Tom Colbert: •:informed the Council the traffic count and speed GfttroJ. s.ndi.es: had been performed and there appeared to be no significant t tj.:v31s that would warrant the installation of stop sigris: ""' Page 14/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Ann Uzendoski, 1627Lace, thanked Tom Colbert for his quick action. She questioned if the study was complete enough to make a judgment. Greg Boon, 1631 Covington Lane, stated he felt the study was inadequate and urged the Council to approve the petition. Councilmember Wachter suggested that there may be the need to re-evaluate past stop sighs. There was much discussion regarding the purpose and validity of •stop sighs. Wachter moved, Egan •seconded, the motion to deny the installation of stop sig :s• :i1 CCQvr egt:o:n Lane at West Beacon Hill Road. All voted in favor.. Councilmember Wachter again stated he felt it was necessary to re-evaluate the other non -conforming signs. Mayor Ellison agreed. Councilmember Egan suggested prioritizing them. ORDINANCE AMENDMENT/NON-INTOX ATING MALT LIQUOR LICENSE City Administrator TOtiCifedges summarized the background on the ordinance amendment. McCrea moved, Gustafson seco:rf.d41,• the motion to approve an ordinance amendment to the non-intoid..cating malt liquor license which specifically addresses waiver of the 5% ownership regulations for non -intoxicating malt liquor licenses. All voted in favor. LIQUOR LICENSE/PIZZA HUT Egan moved, Wachter .sepah dedt. : motion to approve an on -sale 3.2 beer and wine license. at Pi; •2:a Hut located on Lot 1, Block 1, Town Center 70 9th Addit::o:h. Al]; :Voted in favor. RABNCLIFF 2ND ADDITION/AMENiMENT/PLANNED DEVELOPMENT AGREEMENT Dale Runkle informed the 'Counc•il of the request received from the developer for an amendment to the approved Planned Development Agreement to combine Lots 2 and 3, Block 3, Rahncliff 2nd Addition, into a single lot. He stated the reason for the amendment request was to combine the parcels for single - ownership. McCrea moved, Egan se:ct$nded, the :motion to approve the amendment to the Rahncliff 2nd Addition Plannedl)evelopment Agreement as presented. All voted in favor. Page 15/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 VARIANCE/REAR TARP::$01tACK/SCOTT AND SUSAN BJERKE Dale Runkle updated€he Council on the background of the application for a rear y;ar:d setback for Scott and Susan Bjerke. Mayor Ellison asked if the applicant had been in contact with the HRA. Mr. Bjerke stated he had been in contact with the HRA once. Egan moved, McCrea seconded, the motion to approve a request for a five foot variance to :the fivi foot rear yard setback for Lot 16, Block 2, Safari Estates Acditiah as presented. All voted in favor. Mr. Bjerke complimen.ed the City staff for their assistance in the matter. CONDITIONAL USE PERMIT/LINVILLE PROPERTIES FOR CAR WASH/RAPID OIL CHANGE/PYLON SIGN Egan moved, Gustafson seconded, the motion to refer the matter back to the Advisory Planning Corms•$• - on for further review due to changes proposed by the devel:ape•;. 41 voted in favor. COMPREHENSIVE GUIDE' MAN AMENDMENT/RE—ZONING/PRELIMINARY PLAT/ROSEAGAN ADDITION Gustafson moved, McCrea seconde•df. the motion to continue the matter to the November 15, 1988, City Council meeting. All voted in favor. RECONSIDERATION/SPECIAL ASSESSMENT CONDITION OF WAIVER OF PLAT/VINCE AND ILENE KENNEDY City Administrator Tim—Ifec3ges• •5•uittmarized the background on the matter for the Council. • Vince Kennedy, 3830.•.?ilot Knob Road, objected to the special assessment. Mr. Colbert e•* 1girsd: the :reason for the assessment. Mr. Kennedy stated the split :w•a • •i5r• tihditcing purposes. There was further discussion regarding the Lone Oak assessments. Councilmember Egan stated he felt the City should assess when the developer had a financial transaction. Egan moved, Gustafson :isecondert.:. the motion to reconsider the motion to deny the reque0.•:for waiving the assessments as proposed for Lot 5, Zender Acres. All voted in.favor. Egan moved, Gustafs<i :.:seGo de:di,:• the motion to approve the request to waive the speda : sse:siti:e:rit condition of the waiver of plat for Lot 5, Zender Acres.' All voted in favor. Page 16/EAGAN CITY COUNCIL MEETING MINUTES November 11, 1988 FINAL PLAT/RAHNCLIFF 2ND ADDITION Public Works Directoi :GOIlzt stated all final plat application materials had. been submitted, reviewed by staff and found to be in order. McCrea moved, Wachter seconded, the motion to approve the final plat for Rahncliff Addition and authorized the Mayor and City Clerk to execute all related documents. All voted in favor. DAKOTA COUNTY HRA HOU:&:ING R;SVENUE BOND APPLICATION/ALDEN PONDS TOWNHOMES City Administrator Tom Hedges stated the application was for the County Housing Revenue Baht :pzocr.am :and did not involve the sale or use of City bonds. Councilmember McCrea stated it would bring affordable housing to 20% of the Eagan families. The applicant briefed the CounGj1. on the project. Mayor Ellison stated he::s.wppor.ted the matter. Mr. Hedges briefed 'the:council on future project procedures. McCrea moved, Egan seconded, t i:e:iotion to approve positive comment regarding Dakota County HRA Housing Revenue Bonds for Alden Ponds townhomes. All voted in favor. I-494 TRAFFIC STUDY (LONE OAK ADDITION - NORTHWEST AIRLINES) Public Works Director T:oi. Colb.e.zt, updated the Council on the I-494 traffic study. . . Councilmember Egan questiolied if the cost would be passed onto Northwest. Mr. Hedges stated there would be further updates. There was discussion regarding :the •o.gt ans by the Council. Mayor Ellison stated he felt they shou,c •irp c ed :e:n:c. bill Northwest. Councilmember McCrea suggested itemizing the estimate. Egan moved, Wachter seconded, the motion to authorize a special traffic study for Dodd Road/I-494 area. All voted in favor. RAHN ROAD TRAIL/1s1GE::QRbRR NO. 1/CONTRACT 88-7 City Administrator Toro Hedges introduced the matter to the Council. Page 17/EAGAN CITY COUNCIL MEETING MINUTES November 11, 1988 Egan moved, McCrea seco.lndedf th.e. motion to approve Change Order No. 1 to Improvement Contact 8$w .:Q:F the Rahn Road Trail in the amount of an additional '$15,"175.S'2. All voted in favor. SPECIAL COUNCIL MEETING/NOVEMBER 22, 1988 Egan moved, Wachter seconded, the motion to approve a special City Council workshop for November 22, 1988 to address the airport adequacy and the Public Enterprise budget. All voted in favor. COUNCIL UPDATES Dale Runkle discussed the -options regarding accessory housing. Mayor Ellison stated he :a :1egal. opinion was necessary. Mr. Runkle also informed the Council that he had received complaints regarding the old farmhouse structures. Mr. Runkle also updated the Council on the NCS matter and stated the County now recommended the access.. Councilmember Wachter dis.cu$•$d -Fire Station No. lighting on County Road .3:Q:and- 10i1:ot Knob. Councilmember Gustafblintioned if a written issued regarding the Airport Tatic. fO —ce. There was di Council on this matter. BILLS 4 and the comment had been scussion by the Wachter moved, Gustafson seconded, the motion to approve the checklist dated November 1, 1988, in the amount of $1,359,524.32. All voted in favor. . A#ORNMENT Upon motion duly made- by Gtustafson, seconded by Wachter, the meeting was adjourned at• :l:2:; # ,a:: t; Al). voted in favor. CITY OF EAGAN E. J. VanOverbeke :Its: City Clerk