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12/06/1988 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING DECEMBER 6, 1988 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:40 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) 1 III. 6:35 - RECOGNITION - FIRE PREVENTION POSTER WINNERS IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) V. 6:55 - CONSENT AGENDA (PINK) PERSONNEL ITEMS LICENSES, Plumbers CITY CONTRACT, Receive Bids/Award Contract, Recyclable Containers FINAL PLAT, All Saints Addition FINAL PLAT, Sunrise Hills 2nd Addition VACATE Drainage and Utility Easement, Receive Petition/Order Public Hearing (Blue Ridge Addition) CONTRACT 88-33, Approve Plans/Authorize Ad for Bids (Well #13 Pumphouse) CONTRACT 86-12, Approve Change Order #3 (Wells #8 and 9, Pumping Facilities) CONTRACT 88-37, Apporve Change Order #1 (Gesco Storm Sewer) CONTRACT 85-18, Final Acceptance (UPS - Streets and Utilities) CONTRACT 87-J, Final Acceptance (Pinecrest Addition - Streets and Utilities) CONTRACT 88-28, Receive Bids/Award Contract (Fire Station #1 - Parking Lot) PROJECT 557, Receive Feasibility Report/Order Public Hearing (Mallard Park 3rd Addition - Streetlights) CONTRACT 88-34, Reject Bids (Alden Pond - Streets and Utilities) CONTRACT 85-I1, Final Acceptance (Sunset 10th Addition - Utilities) CONTRACT 87-0, Final Acceptance (Danbury Place - Streets and Utilities) CONTRACT 87-GGG, Final Acceptance (Patrick Addition - Streets and Utilities) CONTRACT 86-Y, Final Acceptance (Blackhawk Glen - Streets and Utilities) CONTRACT 87-21, Final Payment/Acceptance (Eagan Hills Farm - Trunk Utilities) CONTRACT 87-23, Approve Change Order #1 (Stratford Oaks - Sanitary Sewer Stub) IMPROVEMENT CONTRACT 87-1, Change Order #4 (Carnelian Park) IMPROVEMENT CONTRACT 88-7, Change Order #2 (Miscellaneous Work Items for Various Parks IMPROVEMENT CONTRACT 88-18, Change Order #1 (Thomas Lake VI. 7:00 - PUBLIC HEARINGS (SALMON) VACATE Drainage and Utility Easements, Galaxie Cliff VACATE Public Right -of -Way for Sunwood Court and Within A Portion of Sunrise Hills Addition VACATE Common Lot Line Drainage and Utility Easement Blackhawk Glen 2nd Addition Park Pavilion) Plaza Addition Drainage/Utility Easements over Lots 5 and 6, Block 2, VII. OLD BUSINESS (ORCHID) 42.31 A. MWCC AGREEMENT Regarding Expansion of Seneca Waste Water Treatment Plant L, 32, B. 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, SED of Sec 24 -2•B i C. 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 0. (4 5 D. SET Date and Amount for Referendum to Finance the Community Center Project VIII. NEW BUSINESS (TAN) F•4 4 A. CITY CODE AMENDMENTS, Sections 6.37 and 10.01/Solid Waste and Recycling 9.S6B. RATIFICATION of Position Statement Regarding Metropolitan Council Airport SI�i Adequacy Study C. VARIANCE, Sons Construction Company, Inc., Requesting a 13' Variance to the . Required 50' Public Right -of -Way Setback to Allow a Three -Season Porch, Lot 1, Block 1, Safari Addition •C a D. CONSIDERATION of 1989 Fee Schedule f• S\ E. RECEIVE Development District #2 Program and Set Public Hearing : F. RECEIVE Northeast Eagan Tax Increment Financing District #1 Plan and Set Public Hearing IX. X. XI. ADDITIONAL ITEMS (GOLD) ADMINISTRATIVE AGENDA (GREEN) VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCIIMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SUBJECT: DECEMBER 1, 1988 AGENDA INFORMATION FOR THE DECEMBER 6, 1988 CITY COUNCIL MEETING =ADOPT AGENDA-APPROVEMINUTES After approval is given to the December 6, 1988 agenda and regular minutes for the November 15, 1988 City Council meeting and special minutes for the October 27, November 22 and November 29 meetings, the following items are in order for consideration. f RECOGNITION, OE FIRE:` PREVENTION:: POSTER WINNERS As a part of the official Fire Prevention Week activities, children are invited to prepare fire prevention posters. Those posters are judged and the winners of this year's poster contest are Katie Opatrny, Jaclyn Nelson, and Laura Caldwell. Mayor Ellison and Fire Chief Southorn will officially recognize the children at Tuesday night's meeting. Agenda Information Memo December 6, 1988, City Council Meeting CONSENT AGENDA There are twenty-three (23) 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. Street Maintenance Supervisor --Over 60 applications were received for this position. After screening, 24 applicants were invited to the Eagan Municipal Center to take a written test on Tuesday, November 29. After reviewing the results of that testing and also of the answers to essay questions which the applicants brought with them, the field of candidates was narrowed to eight. Those eight candidates are being interviewed on Friday afternoon, December 2. The interview panel will consist of Director of Public Works Colbert, Superintendent of Streets/Equipment Erhart, the Superintendent of Streets from Little Canada and Administrative Assistant Duffy. If a decision is able to be reached by the time of the council meeting on December 6, the name of the successful applicant will be presented to Council at that time for the Council's approval, subject, of course, to successful completion of the City's physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of an applicant (yet to be named) as Street Supervisor for the City of Eagan, subject to successful completion of the City's physical examination requirement. Item 2. Winter Seasonal Park Maintenance Worker --After interviews, it is the recommendation of the Superintendent of Parks VonDeLinde that Cary Stevens, Mike Finnegan and Steve Baehr be hired as winter seasonal Park Maintenance Workers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Cary Stevens, Mike Finnegan and Steve Baehr as winter seasonal Park Maintenance Workers. Item 3. Winter Seasonal Recreation Staff --Interviews have been conducted with applicants for winter seasonal recreation staff positions. It is the recommendation of Recreation Supervisor Dorothy Peterson that the following individuals be hired for the Agenda Information Memo December 6, 1988, City Council Meeting Returning Stephen Cramer Bradley Czubernat -Rob DeRosier Kevin Duffy Brent Eichten Sean Flaherty Michael Greene Tim Gill Dana Iffert Robert Kerry Rebecca Latzke Timothy McElligott Thomas McNurlin John McShane Robert Merrill Jeffrey Olson Katherine Roche Brent Tait John Tracy Jason Wandersee Tom Wise Scott Ellingson New Michael Bushard C. Todd Gerken Andrew Halverson Mindy Jo Kaltenhauser Cory Lynch Mike Polski ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of winter seasonal recreation staff for the 1988 - 1989 skating and sliding season. 3 Agenda Information Memo December 6, 1988, City Council Meeting PLUMBERS LICENSES B. Plumbers Licenses --There are five (5) plumbers licenses that are in order for consideration. All five (5) have complied with City Code provisions regarding licensing requirements. Those companies requesting a license are as follows: 1. AAA Plumbing by Newstrom, Inc. 2. Forcier Plumbing 3. Klamm Mechanical Contractors, Inc. 4. Main Line Plumbing 5. Weidner Plumbing & Heating, Inc. ACTION TO BE CONSIDERED ON THIS ITEM: To approve all five (5) plumbers licenses as presented. RECEIVE BIDS/AWARD CONTRACT RECYCLABLE CONTAINERS C. City Contract, Receive Bids/Award Contract for Recyclable Containers --At the November 15, 1988 City Council meeting, authorization was given to approve specifications for a two -bin stackable recyclable container and authorize a b' opening for Thursday, December 1, 1988. Enclosed on page is a copy of the specification for curbside recyclable containers that was reviewed and approved by the City Council at the November 15 meeting. Low bid was received of Rehrig Pacific Company at a cost of $9.68 per two-piece unitnd a total 14,000 set cost of $135,520. Enclosed on page (p is a copy of the bid tabulation. Both firms on the bid tabulation responded in a timely manner and met the specifications as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the responsible bid for recyclable containers as presented by Rehrig Pacific Company. CITY OF EAGAN, MINNESOTA SPECIFICATIONS FOR CURBSIDE RECYCLABLE CONTAINERS Compliance Exception 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 TWO PIECE STACKABLE RECYCLING CONTAINERS BID OPENING, DECEMBER 1, 1988 2:00 P.M. Jon Hohenstein Elizabeth Witt 1. Rehrig Pacific Company 2. Shamrock Industries 3. Shamrock Industries (different materials) Per Unit Total $9.68 $135,520.00 $10.76 $150,640.00 $10.76 $150,640.00 Agenda Information Memo December 6, 1988, City Council Meeting APPROVE FINAL PLAT/ALL SAINTS ADDN D. Approve Final Plat, All Saints Addition --Staff has received an application for final plat approval for the All Saints Addition located in the southeast quadrant of Lexington Av ue and Wescott Road as shown by the plat enclosed on page All conditions of the preliminary plat approval granted by Council action on July 19, 1988, have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the All Saints Addition and authorize the Mayor and City Clerk to execute all related documents. ADDITION 3 3 6 — I r • '1 k 1 Yr'ESCOTT a k.1 • - a e = jQ 1 !. c i • t • . c t E 5 t ; • t k t • 1t 6 t - • c • t • , t . t 1.1 ; ‘>:4, I I..•••••5 ea 1.21 .45 ••• 1,55 I Oi5111:1 t I r 1 a•t, 5s ! t s. k• Zi • 6 C 6 A A. 1' I it 4,00.0 S XI/43AV NOIONIXTI) li 11 Li. 'ON AVAINOIN 011, 3AVIS AI/41303 .1.04,1a0.0 14 tat s - AV:AN:MN 1:11/ 41 .1 41.r...1 amo et, •• 174 ,ic. : • I-• A I ...1)...1. _ ____ T____ •• ••• 1 V I ....7 1 1 .11 1 '3...It It • 5 - , 'a - i .. y A , 1 . 4 a Agenaa Information Memo December 6, 1988, City Council Meeting APPROVE FINAL PLAT/SUNRISE HILLS ADDN E. Approve Final Plat, Sun Rise Hills Addition --Staff has received an application for final plat approval for the Sunrise Hills Addition located in the southeast quarter of Section 14 south of Duckwood Drive and north of Wescott Road as shown by the plat enclosed on page 10 . All conditions of the preliminary plat approval granted by 4'ouncil action on March 17, 1987, have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Sunrise Hills Addition and authorize the Mayor and City Clerk to execute all related documents. 00 2G'96 6b,f0.2IS DA • c CO ' N w i 0 CJ } Ul M�1 i1i �r ip Agenda information Memo December 6, 1988, City Council Meeting VACATION/ORDER PUBLIC HEARING F. Vacate Drainage & Utility Easement, Receive Petition/Order Public Hearing (Blue Ridge Addition) --Staff has received a petition to vacate a previously existing common lot line drainage ani utility easement located within the existing Blue Ridge Addition. This vacation is precipitated by a previous replatting of the property wherein the lot lines were relocated but the underlying common lot line easement was not vacated. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a common lot line drainage and utility easement within the Blae Ridge Addition and schedule a public hearing to be held January 3, 1989. APPROVE PLANS/AUTHORIZE AD FOR BIDS/WELL #13 G. Contract 88-33, Approve Plans/Authorize Ad For Bids (Well #13 Pumphouse)--The consulting engineer has completed the detailed design plans for the wellhouse and related pumping facilities necessary for the completion of Well *13 located on Cliff Road and Lake Park Drive. The final design of the well house has taken into consideration several comments received from two neighborhood meetings with the residents with the Lake Park Shore, Thomas Lake Addition and Walden Heights Addition. These plans are being presented to the Council for their review and authorization to advertise for competitive bids. Also included with this contract is the installation of a third pump within the Lexington Booster Station facility located at Diffley Road. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 88-33 (Well *13 - Pumphouse) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, December 29, 1988. n Agenda Information Memo December 6, 1988, City Council Meeting APPROVE CHANGE ORDER #3 WELLS #8 & 9 H. Contract 86-12, Approve Change Order #3 (Wells #8 & 9 - Pumping Facilities) --This Change Order consists of three parts described as follows: Part A: Due to geological construction problems associated with the construction of Deep Well #8, there were unavoidable delays incurred in allowing the construction of the pumphouse facility to begin. Subsequently, the contractor incurred increased labor and material costs associated with this 10 -month delay. (Add $7,671.66). Part B: Based on actual test pumping of this well, the previous design of the pump facility was modified to a smaller pump. (Deduct $2,317). Part C: A revised site grading plan required the adjustment of an existing hydrant and gate valve. (Add $560) All costs associated with this Change Order will be the responsibility of the Water Supply/Development Enterprise Fund. (Add $5,914.66). ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to Contract 86-12 (Wells #8 & 9 - Pumping Facilities) and authorize the Mayor and City Clerk to execute all related documents. APPROVE CHANGE ORDER #1/GENERAL ELECTRIC SUPPLY COMPANY I. Contract 88-37, Approve Change Order #1 (General Electric Supply Company - Storm Sewer) --This Change Order provides for the relocation of an existing sanitary sewer and water service to the Barlow Salm Building adjacent to the proposed General Electric Supply Company (GESCO) due to an elevation conflict with the storm sewer facility necessary to handle the drainage of the GESCO development within the Eagandale Center Industrial Park along the West Service Drive. These costs are broken into two parts described as follows: Part A: Relay 6" sanitary sewer service. (Add $227.75). Part B: Lower and reconstruct $2,102.74). 8" water service. (Add All costs associated with this Change Order will be the full assessment responsibility of the GESCO development. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 88-37 (GESCO - Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. \D- Agenda Information Memo December 6, 1988, City Council Meeting FINAL ACCEPTANCE/UPS ADDN J. Contract 85-18, Final Acceptance (UPS Addition - Streets & Utilities) --The improvements associated with servicing the UPS Facility constructed under Contract 85-18 have now been completed to the extent of satisfactory compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of acceptance for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Contract 85-18 (UPS Addition - Streets & Utilities) for final acceptance and perpetual maintenance. FINAL ACCEPTANCE/PINECREST ADDN K. Contract 87-J, Final Acceptance (Pinecrest Addition - Streets & Utilities) --The streets and utilities installed privately within the Pinecrest Addition under the above -referenced contract have been completed in accordance with City approved plans and specifications verified by final inspection by representatives of the Public Works Department. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the final acceptance of Contract 87-J (Pinecrest Addition - Streets & Utilities) for perpetual maintenance. RECEIVE BIDS/AWARD CONTRACT/FIRE STATION #1 PARKING LOT L. Receive Bids/Award Contract (Fire Station #1 - Parking Lot) -- At 10:30 a.m. on December 2, 1988, formal bids were received for the improvement of the parking lot facility for Fire Station #1. Enclosed on page t„4 is a tabulation of the bids received with a Vcomparison of the low bid to the feasibility report and engineer's estimate. The budget allocation contained within the Fire Department Budget is $31,000 for the improvement of the parking lots for Fire Stations #1, #2 and #3. All bids will be reviewed for accuracy and completeness and any changes or irregularities will be identified at the December 6 Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-28 (Fire Station #1 - Parking Lot) and award the contract to the lowest responsible bidder.- PARKING LOT CONSTRUCTION FIRE STATION NO. 1 CONTRACT NO. 88-28 FOR EAGAN, MINNESOTA BID TIME: 10:30 A.M. BID DATE: FRIDAY, DECEMBER 2, 1988 CONTRACTORS TOTAL BASE BID 1. Munn Blacktop, Inc. $ 18,868.50 2. H. L. Johnson Co. 20,429.00 3. Daily & Son Blacktopping 20,659.10 4. Valley Paving, Inc. 22,045.65 5. Barber Construction, Inc. 22,567.00 6. Bituminous Roadways, Inc. 22,908.75 7. Alber Construction, Inc. 25,727.75 LOW BID $ 18,868.50 FEASIBILITY REPORT ESTIMATE $ 25,485.00 ENGINEER'S ESTIMATE $ 15,655.00 % OVER (+) UNDER (-) (F.R.) - 26% % OVER (+) UNDER (-) (E.E.) + 20.5% $31,000.00 was allocated for parking lot construction for Fire Stations 1, 2, and 3. 1 (E Agenda Information Memo December 6, 1988, City Council Meeting RECEIVE FEASIBILITY REPT/MALLARD PK 3RD ADDN - STREET LIGHTS M. Projec 557, Receive Feasibility Report/Order Public Hearing (Mallard Park 3rd Addition - Street Lights) --In response to a petition presented by the residents of the Mallard Park 3rd Addition, the Council authorized the preparation of a feasibility report discussing the installation of street lights within that subdivision. This feasibility report has now been completed and is being presented to the Council for consideration of scheduling a formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 357 and schedule a public hearing to be held for January 17, 1989. REJECT BIDS/ALDEN POND N. Contract 88-34, Reject Bids (Alden Pond - Streets & Utilities) --In response to a petition by the developers of the proposed Alden Pond development adjacent to Coachman Road south of Four Oaks Road, the Council approved plans and authorized the advertisement for bids for the installation of internal streets and utilities. On October 14, formal bids were received for consideration by the Council awarding the contract. However, the developer did not proceed with the final plat process necessary to consider the award of contract. Recent discussions with representatives of the Rosewood Corporation indicate that they would prefer to delay the scheduling of their project until the spring/summer of 1989. Subsequently, the proposed scheduling identified in the specifications are no longer compatible. Also, the developer feels to readvertise during the winter of 1989 miga t result in more favorable bids. Therefore, without the final plat process being completed providing for the necessary easements and dedicated right-of-way for the installation of these public facilities, it is app:-opriate for the Council to reject these bids and cancel Contract 88-34. ACTION TO BE CONSIDERED ON THIS ITEM: To receive and reject the bids submitted for Contract 38-34 (Alden Pond - Streets & Utilities) and cancel the related City contract. Agenda Information Memo December 6, 1988, City Council Meeting FINAL ACCEPTANCE/SUNSET 10TH ADDN O. Contract 85 -II, Final Acceptance (Sunset 10th Addition - Utilities) --The staff has received a recommendation for final acceptance of the utilities installed within the Sunset 10th Addition. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the final acceptance and perpetual maintenance of Contract 85 -II (Sunset 10th Addition - Utilities). FINAL ACCEPTANCE/DANBURY PLACE P. Contract 87-0, Final Acceptance (Danbury Place - Streets & Utilities) --Staff has received certification of completion of the streets and utilities installed under Contract 87-0 within the Danbury Place Addition along with a Certification of Compliance to City approved plans and specifications. All filial inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final acceptance for perpetual maintenance of Contract 87-0 (Danbury Place - Streets & Utilities). FINAL ACCEPTANCE/PATRICK ADDITION) Q. Contract 87-GGG, Final Acceptance (Patrick Addition - Streets & Utilities) --The improvements installed under the above - referenced contract have been completed in compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To accept for perpetual maintenance the improvements installed under Contract 87-GGG (Patrick Addition - Streets & Utilities). FINAL ACCEPTANCE/BLACKHAWK GLEN R. Contract 86-Y, Final Acceptance (Blackhawk Glen - Streets & Utilities) --The improvements installed within the above - referenced contract have been completed in compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final acceptance for perpetual maintenance of Contract 86-Y (Blackhawk Glen - Streets & Utilities). Aqnda Information Memo December 6, 1988, City Council Meeting 6TH & FINAL PYMT/EAGAN HILLS FARM S. Contract 87-21, 6th & Final Payment/Acceptance (Eagan Hills Farm - Trunk Utilitiies)--Staff has received a request for final payment from the contractor along with a certification of final completion and compliance with City approved plans and specifications for the improvements installed under the above - referenced contract. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the 6th and final payment for Contract 87-21 (Eagan Hills Farm - Trunk Utilities) and authorize final acceptance of perpetual maintenance. APPROVE CHANGE ORDER/STRATFORD OAKS T. Contract 87-23, Approve Change Order #1 (Stratford Oaks - Sanitary Sewer Stub) --Sanitary sewer service to the proposed Stratford Oaks Addition located in the southwest quadrant of Diffley and Thomas Lake Roads was to be provided from the Boulder Ridge townhouse development on the side south of Diffley Road between Thomas Lake Road and Heine Lake. The improvements within the Boulder Ridge Addition were constructed privately but were to be within the same time frame as the installation of the sanitary sewer for Stratford Oaks under Project 549. Due to a delay by the developer in proceeding with the final plat of the Stratford Oaks Addition, the award of the contract for Project 549 did not commence within the proposed time schedule. However, the connection to the sewer within the Boulder Ridge Addition was located within the new street right-of-way. Therefore, it was determined that the most cost effective method would be to construct enough sanitary sewer lateral to get out from under the proposed new street construction. This construction was added as a Change Order to Contract 87-23. All costs associated with this work will be the responsibility of and fully assessed under Project 549. (Add $1,781). ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order *1 to Contract 87-23 (Stratford Oaks Addition - Sanitary Sewer Extension) . Agenda Information Memo December 6, 1988, City Council Meeting IMPROVEMENT CONTRACT 87-1 CARNELIAN PARK U. Improvement Contract 87-1, Change Order #4 for Carnelian Park --The City staff is requesting City Council review of Change Order #4 for Improvement Contract 87-1. The scope of work includes the additional labor and machine time to grade Carnelian Park. The site did not balance and additional work was necessary to finish the park. The cost associated with this work is $2,500. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #4 of Improvement Contract 87-1 for an amount of $2,500. IMPROVEMENT CONTRACT 88-7 MISCELLANEOUS PARK WORK V. Improvement Contract 88-7, Change Order #2 for Miscellaneous Work Items for Various Parks --The Director of Parks and Recreation is requesting the consideration of Change Order #2 of Improvement Contract 88-7 for miscellaneous work items as described in the attached document, referred to as pages through o . The total amount of the change ordei is $29,352.53. The staff's review concludes that the cost is a good value based on the bid amounts of past projects. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 of Improvement Contract 88-7 for an amount of $29,352.53. CHANGE ORDER DATE: November 10, 1988 PROJECT: Parks Construction CONTRACT: I.C. 88-7 OWNER: CITY OF EAGAN Parks & Recreation Department CONTRACTOR: Central Landscaping Inc. 13655 Lake Dr. Forest Lake, MN 55025 CHANGE ORDER NO: #2 Description of Work: This change order provides payment to the contractor for costs incurred for the materials and labor on items not included with Improvement Contract 88-7. Compensation shall be in accordance with the following line items: A. OHMANN PARK/MISCELLANEOUS ITEMS Change Order Item Unit Price Est'd. Qty. Total Amount 1. Subgrade correction CY of poor soil within parking lot area $1.00 2,333 $2,333.00 2. Adjust height of man- hole #1 & #2 690 Backhoe HR 65.00 6 390.00 Tandem HR 35.00 6 210.00 Foreman HR 25.00 4 100.00 Laborer HR 21.12 13 274.56 Manhole extensions LS 475.00 1 475.00 3. Bldg. Curb removal & replacement LF 10.00 85 850.00 4. Adjust C.B. located between soccer fields #2 & #3 Bobcat HR 35.00 1 35.00 D-4 HR 65.00 1 65.00 Tandem HR 35.00 3 105.00 Foreman HR 25.00 2 50.00 Laborer HR 21.12 7 147.84 C.B. extension LS 252.38 1 252.38 5. Common Borrow for C.B. adjustment 950 Loader HR 65.00 3 195.00 Tandem HR 35.00 6 210.00 Laborer HR 21.12 9 190.08 6. Adjust height to LS 1,009.30 1 $1,009.30 hydrant, curb box & gate valve t.c1 7. Drying poor soils HR 65.00 8 520.00 D-4 dozen (Operators) SUBTOTAL PART A $7,412.16 B. SLATER ACRES PARK/MISCELLANEOUS ITEMS Change Order Item Unit Price Est'd. Qty. Total Amount 1. Subgrade Excavation CY for topsoil salvage .50 3,060 $1,530.00 2. Topsoil Borrow CY 5.50 51 280.50 3. Subgrade correction of trail adjacent to pond. Import of CI .#5 for stabilization Tandem HR 35.00 1 35.00 Laborer HR 21.12 1 21.12 CI.#5 crushed LS 280.00 1 280.00 quarry rock C. BRIDLE RIDGE PARK Change Order Item SUBTOTAL PART B: $2,146.62 Unit Price Est'd. Qty. Total Amount 1. Mixing common borrow, placement & restoration of borrow pit for parking lot curb backfill Scraper HR 65.00 9.5 D. RAHN PARK 617.50 SUBTOTAL PART C: $ 617.50 Change Order Item Unit Price Est'd Qty. Total Amount 1. Subgrade prepara- tion, rock place- ment for bituminous trail removed due to utility service imple- mentation Class #5 crushed LS $140.00 1 $140.00 aggregate Bobcat HR 35.00 2.5 87.50 Laborer HR 21.12 5 105.60 Tandem HR 35.00 1.5 52.50 Operator HR 24.60 2.5 61.50 2. Install concrete sidewalk sawcut & remove existing bituminous trail adjacent to pedestrian ramp Bobcat HR 35.00 3 105.00 950 Loader HR 65.00 1 65.00 Tandem HR 35.00 1 35.00 Concrete saw LS 150.00 1 150.00 Concrete sidewalk SF 2.50 493.5 1,233.75 10% general contr. LS 123.37 1 123.37 for concrete sidewalk 3. Install water main for irrigation system 690 Backhoe HR 65.00 19 1,235.00 Laborer HR 21.12 30 633.60 Wet Tap LS 725.00 1 725.00 Materials LS 1,160.89 1 1,160.89 Tamper HR 6.25 16 100.00 Testing LS 950.00 1 950.00 Operator HR 24.60 8 196.80 Foreman HR 25.00 15 375.00 4. Restoration adjacent to park shelter Topsoil CY 5.50 12.8 70.40 Sod SY 1.10 580 638.00 Laborer HR 21.12 12 253.44 SUBTOTAL PART D: $8,497.35 E. BERRY RIDGE PATH/MOONEY LAKE Change Order Item Unit Price Est'd Qty Total Amount D-4 Dozen HR $65.00 21.5 $1,397.50 690 Backhoe HR 65.00 18 1,170.00 Tandem HR 35.00 30 1,050.00 Laborer HR 21.12 34 718.08 Operator HR 24.60 20 492.00 Foreman HR 25.00 14 350.00 Low Boy trailer HR 45.00 1 45.00 12" CMP LF 17.00 10 170.00 Tail Gate Paver HR 37.50 8 300.00 Class #5 crushed Ton 4.90 292 1,430.80 aggregate SUBTOTAL PART E. $7,123.38 F. O'LEARY PARK Change Order Item Unit Price Est'd Qty Total Amount 1. Topsoil placement fine grading & rest- oration of trail and pedestrian bridge area Topsoil Import CY $5.50 38.4 $ 211.20 Laborer HR 21.12 4 84.48 Sod SY 1.10 566 622.60 2. Topsoil Placement, final grading & restoration ad- jacent to sun shelter Topsoil Import CY $ 5.50 25.6 $140.80 Laborer HR 21.12 2 42.24 Sod SY 1.10 422 464.20 G. CARNELIAN PARK Change Order Item SUBTOTAL PART F $1,565.52 Unit Price Est'd Qty Total Amount 1. Raise hydrant to accommodate parking lot improvement Hydrant extension LS $500.00 1 $500.00 H. NORTHVIEW PARK Change Order Item SUBTOTAL PART G. $500.00 Unit Price Est'd Qty Total Amount 1. Revise grading to swale between ballfields and soccerfields 12 C.M.P. LF $ 17.00 Apron Each 150.00 70' 2 SUBTOTAL: $1,190.00 300.00 $1,490.00 OHMANN PARK SLATER ACRES BRIDLE RIDGE RAHN PARK BERRY RIDGE PATH/ MOONEY LAKE O'LEARY PARK CARNELIAN NORTHVIEW PARK TOTAL CHANGE ORDER: CHANGE ORDER SUMMARY PART A Subtotal PART B Subtotal PART C Subtotal PART D Subtotal PART E Subtotal PART F Subtotal PART G Subtotal PART H Subtotal ORIGINAL CONTRACT AMOUNT: CHANGE ORDER #1 CHANGE ORDER #2 REVISED CONTRACT AMOUNT: $243,560.93 16,910.08 29,352.53 $289,823.54 APPROVED BY: CENTRAL LANDSCAPING, INC. APPROVED BY: CITY OF EAGAN , MAYOR , CLERK DATE: DISTRIBUTION: 1. City of Eagan, Parks & Recreation Department 2. City of Eagan, Finance Department 3. Contractor ;3 $7,412.16 2,146.62 617.50 8,497.35 7,123.38 1,565.52 500.00 1,490.00 Agenda Information Memo December 6, 1988, City Council Meeting IMPROVEMENT CONTRACT 88-18 THOMAS LAKE PARR PAVILION W. Improvement Contract 88-18, Change Order #1 for Thomas Lake Pavilion --The Director of Parks and Recreation is requesting authorization of Change Order #1 within Improvement Contract 88- 18 regarding a pavilion at Thomas Lake Park. There are two (2) items to be considered as a part of the change order and they are as follows: 1) materials and labor to install a septic and drain field system. The change is a result of incorrect engineering by Allied Testing resulting in the need for redesign to include a pump station and relocated drain field. The estimated cost is $10,878. The staff has reviewed several alternatives and found this system most operationally efficient and cost effective. 2) Continuation of a concrete sidewalk from the building to the existing trail system. This item was not included in the project to allow for design in the field once the structure is complete. The trail is a necessary link for the operation of the structure and the cost is estimated at $450. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 for an amount of $11,328 which includes both the aforementioned items. d '% Agenda Information Memo December 6, 1988, City Council Meeting ` PUBLIC ` HEARINGS VACATION/GALAXIE CLIFF PLAZA ADDN A. Vacate Drainage & Utility Easements (Galaxie Cliff Plaza Addition) --On November 1, the Council received a petition and scheduled a public hearing to be held on December 6 to discuss the vacation of drainage/utility and ponding easements located within the proposed Galaxie Cliff Plaza Addition. The existing underlying ponding easement is being redescribed to better conform to the proposed development and will be adequately rededicated as a part of the final plat of the Galaxie Cliff Plaza Addition. This item should be continued to the December 20, 1988, Council meeting in order to approve the vacation at the same Council meeting that the final plat, with replacement easement, is approved. ACTION TO BE CONSIDERED ON THIS ITEM: To continue this item to the December 20, 1988, City Council meeting. as Agenda Information Memo December 6, 1988, City Council Meeting VACATION/SUNWOOD COURT B. Vacate Public Right -of -Way & Drainage/Utility Easement (Sunwood Court & Sunrise Hills Addition) --In response to a petition submitted by the property owners of the affected property, the Council scheduled a public hearing to discuss the vacation of existing drainage, utility and ponding easements located within the proposed Sunrise Hills Addition as well as the vacation of the dedicated right-of-way for Sunwood Court as shown by the maps enclosed on pages 4,17 through This subdivision is being replatted, with the Sunwood Court access being relocated to provide better access grades taking into consideration the conflict with the existing Williams Brothers Pipeline easement as well as relocating the proposed common lot lines for each of the individual outlots. All required common lot line drainage and utility easements as well as ponding easements and related public right-of-way for Sunwood Court are being rededicated under the Sunrise Hills 2nd Addition. All notices were 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 regarding this petition. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and vacate public right-of-way and drainage/utility easements within the Sunrise Hills Addition. Co / \ 4` n N N ON s�N °O ` \ Z ` LL!CICI7 -i 1/.)1-I:.- r' 1s L{{ 9e 1� f,�' 4t =1F-11 _Ill 11 law •f`/ /s 10CI-,.,5 110:)!:;=:,V, s5s O; 0 6G �� / 1' 3H1 30 1,NN i41 to auil YIn05 M„Z Z,61,68 N 9 N ---M „ZZ ,61 069 N--- >1 03S•b/I 35 •►/i MN 3,n io a3v607�M51 6 l/ �, 0 i Z LS 4.0 S a .a��o \ � I v� / o� \ po or b 1 S ,/ &filg e •A Iv A% /0 Cb .6' / \,D W IN �� !%� / / \ 3-rC,,,,esm Im , ,// 35tl3 AA�30tlNiV O oo�/--•!�` / / / N ti\'' 1 , IA O C, L C ▪ i- L m 7 o x M „bS,IZZB N B .. - •T U Z • ry---0052B ISOCb CS 1--• CO C w T. CU i-, IC N 0 i.+ o • .+ -C C T J •• L ++ 7 .0 -- C 0 •.-1 In 7 0 L) .-H N ,L V)) i-, ..-1 O U IC 7 ) .-. = C 0 IQ m - - -o -o -o 10 C -C C L 0 co C •--, co 0 CO U • 0+ i-, CJ U 4-. C, L 0 CO0 091.L QOOMssd ,89 SCI •a ,60,Is.2c-v A ,3O N EASEMENTS TO BE 18 -69'591 — o) J L. Q) C -0• L C - C Q1 CO 7 (.0 W 0 -C L ++ O - Y - u O ••1 i-, CU o -0 0 ▪ > • v • 0 CO v • 0. '"..:**(‘;‘:,.'6/. O • 55 C5 �1N 6,. -\ .o 90. RECEIVEDFEB 3145, rr) 0 roLc) 00 8 7. o- 3i • " VL 1 v LJ 0• 4 0 Q 4 s 5.02 i1 oros 1' i1 ()11 r AREA TO BE VACATED: O/ 'LS „‘,z,rSotPs =v 1 • ALL THAT PART OF SUNWOOD COURT WITHIN SUNRISE HILLS AEDITION LYING SOUTH OF WESCOTT HILLS DRIVE. g Agenda Information Memo December 6, 1988, City Council Meeting VACATION/BLACKHAWK GLEN 2ND ADDN C. Vacate Drainage and Utility Easement (Lot 5, Block 2, Blackhawk Glen 2nd Addition) --On November 15, the Council received a petition andscheduled a public hearing to consider the vacation of a common lot line drainage and utility easement between Lot 5 and 6 of Block 2, Blackhawk Glen 2nd Addition necessitated by a Waiver of Plat relocating this common lot line. Enclosed on page <'� is a sketch showing the location of the drainage and utility easement to be vacated as well as the replacement drainage and utility easement which has been conveyed to the City. 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 to the proposed petition. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of the drainage/utility easement between Lots 5 and 6, Block 2, Blackhawk Glen 2nd Addition. a9 bl . I Z —7- I�I�V7/I -L \ Ns,, �• 0 7` O g o rt zcs co S3' j6,7 w� N Agenda Information Memo December 6, 1988, City Council Meeting OLD BUSINESS MWCC AGREEMENT/SENECA WASTEWATER TREATMENT PLANT A. MWCC Agreement Regarding Expansion of Seneca Wastewater Treatment Plant --Action was taken at the November 15, 1988 City Council meeting to approve a preliminary plat requested by the MWCC for expansion of the Seneca Wastewater Treatment Plant. The City Council also directed the preparation of a development agreement that addresses grading, foundation, building requirements, a section on sludge management and a control mechanism for the monitoring and reduction of odor emitted from the plant. Recognizing the limitations of City staff expertise in the area of wastewater treatment plant construction and, more importantly, odor controls, the City retained Becky Comstock, an environmental attorney with the Dorsey and Whitney Law Firm and an engineering consulting firm of Metcalf and Eddy to meet, negotiate and prepare a development agreement with representatives of the Metropolitan Waste Control Commission. The City's consultants have also met with residents who are concerned about correcting a long-term odor problem and receiving the necessary assurance that the expansion of the plant will reduce odor not compound the existing problem. The consultants, whose expenses will be reimbursed by the MWCC to the City, have been meeting and negotiating all aspects of the agreement in an effort to satisfy the concerns that were raised by members of the City Council at the November 15 meeting. Enclosed for Council review is a copy of a memo from Becky Comstock and proposed development agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt the development agreement that pertains to the preliminary plat approved at the November 15 meeting for expansion of the Seneca Wastewater Treatment Plant. 3� Agenda Information Memo December 6, 1988, City Council Meeting VARIANCE/PROGRESS LAND COMPANY B. Variance, Progress Land Company, Inc., for 10' Front Yard Variances for Lots 3-11, Block 3, and a 5' Variance to Front and Setback, Lot 12, Block 3, Country Hollow Addition --At the November 15 City Council meeting, an application for a variance submitted by Progress Land Company 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 was requested for the Country Hollow Addition by Progress Land Company. The builder informed 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. It was the opinion of the builders that the trees would be removed to accommodate the homes if normal setbacks are enforced. The City Council continued this item until the December 6 meeting allowing Engineering staff an opportunity to evaluate the variance request and determine whether building pads could be placed on the platted lots without requiring a variance. Enclosed is a memo from the Assistant City Engineer to the Director of Community Development, referenced as pages _33 through `�j� . For additional information refer to the report prepared for the Advisory Planning Commission and included with the Novem er 15 packet, which is enclosed on pages, through AC:TION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance submitted by Progress Land Company for 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 public right-of-way setback in the Country Hollow Addition. 3� MEMO TO: DALE C RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: NOVEMBER 30, 1988 SUBJECT: VARIANCE REQUEST - FRONT YARD SETBACK LOTS 3-12, BLOCK 3, COUNTRY HOLLOW On November 16, 1988, Engineering personnel measured the distance from the property corners of the above -referenced lots (adjacent to Autumn Oaks Court) to the existing tree line. The measurements are shown on the attached sketch. As shown, the distances available for building pads range from a minimum of approximately 56 feet to a maximum of 83 feet. There seems to be sufficient distance to construct a home designed to fit the existing conditions. Recommendation: There does not appear to be a demonstrated hardship. If a Variance is allowed, the garages should be required tdhere to the required 30 foot minimum setback. As Ata C't Engineer MPF/jj cc: Thomas A. Colbert, Director of Public Works Attachment 5 3 ' NL% {.1N3,1 I 19'S9 5 Ze•Z6 „82' to? cse �22bF a` bL so se hN' 2 �Q00 twig h cb• •^b wlf y„�/s �.. ----- r-,3, '• .g/ N / -40 a sl, `" r m o- ti,,Orn• � Q/ ��, zo`29j'ti i Ate/1 '.8? - . `_ __.:/ 0 3, �2?,•-k•/o;� ego, -..-*/ /I ss.e,�,is\p/ :Or "k-tF: •-.. i _ t^ °0j' 0) i IN'g`/N ^', 1,+i e� N01 1"-' N 0 0 a rr MI =1 e•Pr/ 1 M „ZS,b0.0 14 N1 Z'� ` 48.A8 .00 5` W a`O �I I,'0£,Z�OfV� N 52.5(S S0a0 2,5��.p .�//o N 521 bZ' S Z 1 ,'► 158 •, 0 tO el ' 81 L£.4Z -Gt 1 00'S8 -. 'moi'•-'„N-� 1es to 1 OSIsb Ni ZL' 9ZZ I - • 00Ob' O 2 CO h ., o 1 ,1 1££'84 0►c 1 1 00'06Z Z I_ _ M „Z9,40.0 N' _ _--....--71' QP�O / i 4f 01 fo:ti , 0 0 ui co 4. ' Ln ti 1O; � OI � co M 1 x•00'0017 I 00'06Z M„ZSR b0.0 N m1,11, S/e �D‘ roti of ,R ss.zzz Sbe°/ de. WI SZ Z 1-- 4 SZ 1 C4' C9 1• ` v N - 13Z1761 „ZS,40.0 N CO 00'Z61 0) _Z61_ ,b0.0 N LJ Cr' cj W )- Lu - - () tL to 6 0 1n 1.22 o013 M Z C; z a Vi i 1 t 1 lV iY, N 1 11 I A Z6•S01 ZTOSI 9b'S1Z 34 CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: PROGRESS LAND CO, INC LOCATION: LOTS 3 THROUGH 11, BLOCK 3, LOT 12, BLOCK 3, COUNTRY HOLLOW EXISTING ZONING: R-1 (SINGLE-FAMILY) DATE OF PUBLIC HEARING: NOVEMBER 10, 1988 DATE OF REPORT: NOVEMBER 9, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY 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. (1) A ,LANESOE PARK ... Agenda Information Memo December 6, 1988, City Council Meeting REZONING/WELL #13 C. Rezoning of Lot 11, Block 1, Thomas Lake Center Addition from SF to PF for Well #13--A public hearing was held by the Advisory Planning Commission at their October 25, 1988, meeting to consider both the comprehensive guide plan amendment and rezoning to allow for the construction and installation of Well #13 on Lot 11, Block 1, Thomas Lake Center Addition. Following that meeting, it was discovered that individuals within 350' of the subject property did not receive written notice. The public hearing was again rescheduled before the Advisory Planning Commission for the November 22 meeting and proper notification was given to all residents. The APC is recommending approval. For a copy of the Community Development and Engineering Department's reports, refer to pages 3'7 through L/,Z.. For a copy, the APC minutes on this item, refer to pages 43 through (4 q ACTION TO BE CONSIDERED ON TRIS ITEM: To approve or deny 1) a Comprehensive Guide Plan Amendment and 2) the Rezoning from Single Family (SF) to Public Facility (PF) to allow for construction of Well #13. 3 CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT - REZONING APPLICANT: CITY OF EAGAN LOCATION: LOT 11, BLOCK 1, THOMAS LAKE ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) 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 Rezoning of Lot 11, Block 1, Thomas Lake Addition, to a PF (Public Facility) district for a City well located at the northeast intersection of Lake Park Drive and Cliff Road. A Comprehensive Guide Plan Amendment will also be necessary for this facility. The well itself will be 500' deep and capable of pumping 1200- 1400 gallons per minute. Construction will begin as soon as possible and it is anticipated that the well will be fully operational by May 1989. Site grading was done with the Pilot Knob, Cliff Road improvement project. Neighborhood meetings have been held and the City is aware of the area residents concern of the appearance of this site. Rendered site plans/elevations will be presented to the APC/Council and the Director of Public Works will be available to answer any specific questions about this project. The City will make a strong effort to architecturally blend this building into the surrounding area and provide a solid landscape plan with an underground irrigation system. DMO1J-99464\99464\64\ J 0 D _< O 0 —0 rri D z0� m z r z z �o 0 o cn D CT1 W O 0 0 0 0 3, 3" C A -< cn 0 m CO Z 0 III' DP / A / L'' / / • F; / / /y / LAKE PARK DRIVE / w as ------- a z 0 (.5 \\o \\e o \\ a zi 9r ). 4 0 \AA .9; • j: kr, /1,;likKkk12 r. 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IS 7.70- 1•,,,"-',:,,74:..j k...,... l'ii.,2.:,._*..i.. - • ;,„.•-•,-, , .4-7777 - • r2=2".‘ T),CW4S Lk< D-vr-i • F.°8-2`.- • '; . 7....1.-sfl;p4 ; ,k ; 7 ;•' ' • 'Jo --1_ 1-t LS.vr\T[QN c../Nt., O 41' .-4-04 = DEDQ 1 1 EEO QQ NMI --1 WST-ELEVP\r10 N 5CA1_� Y4 = I OII Ir-- J i1 £ 1-1-1 ^ LI Cil -66. -Ave -P i ELEVRrl 0 ,1 Page 10/PLANNING COMMISSION MEETING MINUTES October 25, 1988 rned that matter. Public Works Director Tom Colbert informed the Commis i.on 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: Bl, B2, B3, B4, Cl, C2 C5, D1, El, Fl, and Gl. All voted in favor._ THOMAS LAZE 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 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 Merkley commented that the fence had been knocked over. Mr. Colbert stated staff would check on the matter. X13 Page 2/ADVISORY PLANNING COMMISSION November 22, 1988 RE-ZONING/CITY OF EAGAN/WELL NO. 13 The first public hearing of the evening was convened by Chairman Pawlenty in regard to the re -zoning of Lot 11, Block 1, Thomas Lake 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. Assistant City Planner Jim Sturm informed the Commission that the re -zoning application was unanimously approved by the APC at its October 25, 1988 meeting, however, individuals within 350 feet of the subject property did not receive written notice. He stated the public hearing was to ensure proper legal notification. Voracek moved, Wilkins seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment for Lot 11, Block 1, Thomas Lake Addition 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. Voracek moved, Trygg seconded, the motion to approve the re -zoning of Lot 11, Block 1, Thomas Lake Addition, from Single Family to Public Facility for Well No. 13. All voted in favor. Commissionmember Graves questioned if the fence that had been knocked over had been repaired. CONDITIONAL USE PERMIT/FLOUR BIN, INC. Chairman Pawlenty opened the next public hearing regarding a conditional use permit to allow on -sale liquor, wine or 3.2 beer in a Neighborhood Business district located on Lot 1, Block 1, Flour Bin International 1st Addition, on the southeast corner of Nichols Road and Cliff Road. Assistant City Planner Jim Sturm stated that the Flour Bin Audition was final platted in January of 1985 and there was no specific conditions regarding liquor use on the lot or.the second lot which contains the Rocky Rococo's Restaurant. He also stated that the City's Police Department had begun the liquor license investigation. The applicant (Lynn Reimer) stated he was willing to work with the public and the staff. Commissionmember Wilkins questioned if there was to be a name change. The applicant stated the name would be changed to J. Doolittles. Wilkins questioned how the liquor would be dispensed. The applicant reported that there would be a bar with bar stools and also bar tables with 126 seats for the eating area. Wilkins stated she felt there was a state statute dealing with establishments being open on Sunday and the number of seats. She asked the staff to check on Agenda Information Memo December 6, 1988, City Council Meeting SET DATE AND AMOUNT FOR REFERENDUM TO FINANCE COMMUNITY CENTER PROJECT D. Set Date and Amount for Referendum to Finance Community Center Project --Plans for a Community Center began in 1977/1978 when a 40 acre parcel of land was purchased for the future construction of a library, police department, city hall and community center. The Parks Systems Plan completed in 1983, a master plan for the future acquisition and development of parkland, park building facilities and other related improvements identified the need for a community center. Approximately 26 months ago, the Advisory Parks and Recreation Commission at the direction of the City Council began a study for a community center. Since that time there have been numerous meetings, an extensive community survey, selection of an architect to do a space needs/costs analysis and numerous reviews by "focus groups," outside consultants and citizens of Eagan in a review process of a schematic plan for such a facility in Eagan. The schematic plan developed for the proposed facility is approximately 103,300 square feet at an estimated construction cost of $8,191,000 including a construction contingency. Site costs including utilities, roadways, landscaping, parking and the related that will serve the community center building and the entire 40 acres, is estimated at $679,000. All other costs including equipment, architectural and engineering fees, site survey reproductions are estimated at approximately $685,000. At a work session held November 29 the City Council reviewed and concurred with the allocation of $2,000,000 from its consolidated debt fund. The City Administrator and Director of Finance have reviewed the consolidated debt fund with the City's auditors and have determined that throught good fiscal management and investment procedures, surplus dollars have been generated and are deemed as unallocated and should be used for a non-operating purpose. The community center project which in theory is available to all residents of the City is a good use for a portion of the unallocated dollars from the consolidated debt fund. With the total project cost of $9,555,000 and an overall project contingency that includes capitalized interest, bond rating and other expenses, a figure of $9,700,000 less the $2,000,000 or a bond referendum in the amount of $7.7 million is recommended. The date for the community center referendum is recommended as Tuesday, February 14, 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize February 14, 1989, as the date for a special referendum to consider the proposed community center project and further that the bond referendum amount be designated at $7.7 million. The Director of Finance and City Attorney will prepare the formal question for the referendum. �5 Agenda Information Memo December 6, 1988, City Council Meeting NEW: BUSINESS SOLID WASTE CODE AMENDMENT A. City Code Amendments, Section 6.37 and 10.01/Solid Waste Recycling --At the Solid Waste Abatement Commission meeting held on November 8, 1988, a recommendation was made to the City Council to amend City Code sections 6.37 and 10.01 concerning solid waste and recycling. The amendments specifically address curbside recycling, same day collection and volume based fees for licensed Eagan haulers. A copy of the draft code revisions were distributed as a part of the informative memo for your review in mid-November. At the last City Council meeting held on November 15, there were no comments or suggestions made by the City Council, therefore, the draft ordinance was sent to the City Attorney's office for final review. The ordinance amendment as finalized by the City Attorney's office is enclosed on pages L4-1 through _S5 for your review. Administrative Assistant Hohenstein has outlined the essential elements of the ordinance amendment and they are as follows: 1) Require that licensed haulers provide curbside recycling service of aluminum and steel beverage cans, glass and newsprint from all single family, duplex and fourplex residences in the City. 2) Offer volume based fee service to permit residents to pay lower rates if they reduce the amount disposed either by waste reduction or recycling. 3) Require same day collection of all wastes and recyclables within daily hauling districts previously approved by Council action. 4) To require accurate reporting of volumes abated for certification to county, region and state programs. At the request of the hauling community, the staff would request that the Council consider two separate actions. One with specific regard to provisions of Code section 6.37 subd. 4D which pertains to prior approval of hauler rates. This provision has been part of the City Code for a number of years. All haulers have submitted rate schedules at the time of license approval, but the City has not enforced this provision as it pertains to actual approval of rates for review and approval of rate changes during the license period. The hauling community feels that this provision is unnecessarily restrictive, particularly in light of the rapid change which is occurring in industry and with landfill rates increasing on a regular basis. The haulers have asked the Council to consider specific removal of the prior approval language of the City Code with the understanding that the Code would continue to require prior notice of rate structures and Agenda Information Memo December 6, 1988, City Council Meeting rate changes to allow enforcement of the volume based fee requirement. Therefore, the staff is asking that a separate action item within the consideration of approval of the overall ordinance amendment be considered. The Solid Waste Abatement Commission is recommending removal of prior approval language and insertion of the prior notice language as it appears in the amendment. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny that portion of the proposed amendment to City Code section 6.37 subd. 4D pertaining to prior approval of hauler rates by Council action and 2) to approve or deny amendments to City Code section 6.37 and 10.01 regarding solid waste management and recycling requirements. Lrl MEMORANDUM TO: Jon Hohenstein, Assistant City Administrator FROM: Joe Earley, Assistant City Attorney DATE: November 30, 1988 RE: Garbage Hauler License Requirements Our File No.: 206-5943 (OOE) Enclosed are the ordinance amendments to Chapter 6 and Chapter 10 of the Eagan City Code. They have been put into final form for review by the City Council. These final form ordinances have incorporated the changes which you made and sent to us for review. If you wish to have any corrections or changes made, please do not hesitate to contact us. Thanks, Jon. JPE/djk cc: Tom Hedges, Eagan City Administrator g'g ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ►MENDING SECTION 6.37 REGARDING GARBAGE, REFUSE AND RECYCLING HAULERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is hereby amended to read as follows: SEC 6.37. GARBAGE, REFUSE AND RECYCLING HAULERS Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Garbage" means all putrescible wastes, including animal offal and carcasses of dead animals but excluding human excreta, sewage and other water -carried wastes. B. "Other Refuse" means ashes, non -recyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes but excluding sand, earth, brick, stone, concrete, trees, tree branches and wood. C. "Recyclables" means materials which may be recycled or reused through recycling processes including targeted recyclables. D. "Targeted Recyclables" means metal beverage containers, glass, newsprint, or other materials as may be defined by Council resolution. E. "Yard Waste" means leaves and grass clippings or other materials as may be defined by Council resolution. F. "Residential Dwelling" - Any single building consisting of one through four dwelling units with individual kitchen facilities for each. G. "Multiple Residential Dwelling" - Any building used for residential purposes consisting of more than four dwelling units with individual kitchen facilities for each. H. "Commercial Establishment" - Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches, and schools where food is prepared or served. 1-n I. "Special Pick -Up" means any collection of materials other than garbage, other refuse, recyclables or yard waste including white goods, furniture, oversized materials and construction debris. J. "Daily Hauling District" means a residential area in which garbage, other refuse, recyclables and yard waste are collected on the same day, the boundaries ana day of collection of which are defined by Council action. Subd. 2. License Required. It is unlawful for any person to haul garbage, other refuse or recyclables for hire without a license therefore from the City, or to haul garbage, other refuse or recyclables from his own residence or business property other than as herein excepted. A. It is unlawful for any person or business to scavenge or otherwise collect garbage, other refuse, recyclables or yard waste at the curb or from recyclable containers without a license therefore from the City and an account relationship with the owner of the premises. Subd. 3. Exception. Nothing in this Section shall prevent persons from hauling garbage, other refuse or recyclables from their own residences or business properties provided the following rules are observed: 1) that all garbage is hauled in containers that are water -tight on all sides and the bottom and with tight -fitting covers on top, 2) that all other refuse and recyclables are hauled in vehicles with leak -proof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo, 3) that all garbage and other refuse shall be dumped or unloaded only at the designated sanitary land -fill or County designated facility, 4) that recyclables may be disposed of at a recycling facility, an organized recyclable drive or through a licensed recyclable hauler, and, 5) that yard waste may be composted privately or be disposed of at a composting facility or through a licensed refuse hauler or recyclable hauler. Subd. 4. Hauler Licensee Requirements. A. Hauler licenses shall be granted only upon the condition that the licensee have water -tight packer -type vehicles or, in the case of recycling haulers, appropriate container vehicles in good condition to prevent loss in transit of liquid or solid cargo, that the vehicle be kept clean and as free from offensive odors as possible and not allowed to stand in any street longer than reasonably necessary to collect garbage, other refuse, yard waste or recyclables. -2- 5.V 1. There shall be three license categories defined by the type of account served: 1) Commercial/Multiple Dwelling, 2) Residential Dwelling and 3) Residential Recycling. 2. Commercial/Multiple Dwelling and Residential Dwelling hauling licenses include Residential Recycling licenses. a. Residential Recycling licensees may only collect recyclables as defined herein. 3. Residential Dwelling hauling licensees shall make curbside recycling collection available to all Residential Dwelling accounts no later than March 13, 1989. At a minimum, such service shall include all targeted recyclables as defined herein. 4. Residential Dwelling hauling licensees shall separately collect and dispose of yard waste for a minimum of eight weeks in the spring commencing on April 1 and eight weeks in the fall commencing on September 15. 5. Residential Dwelling hauling licensees shall make weekly collection of separated garbage and other refuse, yard waste and recyclables for all Residential Dwelling Accounts within the daily hauling districts as defined by Council action. a. It shall be unlawful for refuse vehicles to operate on residential streets in such districts on any other day, except to collect a missed pick up, special pick-up or when an observed holiday falls within that week. B. Before a garbage and refuse hauler or recycling license shall be issued, the applicant shall file with the City Clerk -Treasurer evidence that he has provided public liability insurance on all vehicles in at least the sum of $100,000.00 for injury of one person, $300,000.00 for the injury of two or more persons in the same accident, and $50,000.00 for property damages. C. The Council, in the interest of maintaining healthful and sanitary conditions in the City, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. D. Each applicant shall file with the City Clerk -Treasurer, before a garbage and refuse hauler or recycling license is issued or renewed, a schedule of proposed rates to be charged by him during the licensed period for which the application is made. Every licensee shall provide prior notification of any change in rates to be implemented during the licensed period. -3- SI 1. Residential Dwelling hauling licensees rates shall include a minimum of two levels of regular service, priced on the basis of volume. E. no hauler operating on a route in a residential district shall operate a truck on any City street when the weight of said vehicle exceeds eight tons per axle. F. No hauler shall operate in a residential district after 8:30 o'clock P.M. or before 6:30 o'clock A.M. of any day, and no hauler shall operate in a residential district on Sunday. G. Each vehicle for which a haulers license is issued shall exhibit such license in a prominent position on said vehicle. H. All Residential Dwelling, Commercial/Multiple Dwelling, and Recycling Hauling licensees shall report to the City, on the form provided for such purpose, the quantity of all recyclables and yard waste abated from the landfills. Such quantities shall be reported by tonnage, with the exception that yard waste may be reported in estimates of cubic yardage abated. Failure to certify accurate volumes in a timely manner may be cause for revocation of hauling license. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: By: Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: -4- ORDINANCE NO. 2ND SERIES AN CRDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMEICDING SECTION 10.01 REGARDING STORAGE, DEPOSIT AND DISPOSAL OF REFUSE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 10 of the Eagan City Code is hereby amended to read as follows: SECTION 10.01. STORAGE, DEPOSIT AND DISPOSAL OF REFUSE Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Garbage" means all putrescible wastes, including animal offal and carcasses of dead animals but excluding human excreta, sewage and other water -carried wastes. B. "Other Refuse" means ashes, non -recyclable glass, crockery, cans., paper, boxes, rags and similar nonputrescible wastes but excluding sand, earth, brick, stone, concrete, trees, tree branches and wood. C. "Recyclables" means materials which may be recycled or reused through recycling processes. D. "Yard Waste" - Leaves and grass clippings or other materials as may be defined by Council resolution. E. "Residential Dwelling" - Any single building consisting of one through four dwelling units with individual kitchen facilities for each. F. "Multiple Dwelling" - Any building used for residential purposes consisting of more than four dwelling units with individual kitchen facilities for each. G. "Commercial Establishment" - Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches, =and schools where food is prepared or served. 5 3 H. "Association" - All cooperative organizations of residential dwelling owners formed for the purpose of joint management of property or services. Subd. 2. Storage. A. It is unlawful for any person to store garbage or other refuse on residential dwelling premises for more than one week. All such storage shall be in water -tight, metal or plastic containers of riot less than five gallons with tight -fitting covers, which shall be maintained in a clean and sanitary condition; provided, that yara wastes may be stored in biodegradable plastic bags and tree limbs must be stored in bundles weighing no more than sixty pounds and no longer than four feet. B. It is unlawful for any person to store garbage or other refuse on multiple dwelling premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that so-called "dumpsters" with close -fitting covers may be substituted. C. It is unlawful for any person to store garbage or other refuse on commercial establishment premises for more than forty-eight hours. Such storage shall be in containers as for residential dwelling premises, except that so-called "dumpsters" with close -fitting covers may be substituted. Subd. 3. Deposit. It is unlawful for any person to deposit garbage or other refuse from any source, in any place other than a sanitary landfill or County designated facility. Subd. 4. Fire Danger. It is unlawful for any person to store, deposit or dispose of any garbage or other refuse which is in flames or heated to the point where it could cause danger of fire in other refuse. Subd. 5. Disposal. The Council may, by resolution, adopt, and from time to time amend, adjust and revise such rules, regulations, rates and charges as it deems necessary or proper for the operation and management of the sanitary landfill. It may give notice of any such action as it deems necessary. Subd. 6. Joint Management Hauling Contracts. Occupants of residential dwelling properties jointly managed by associations or others shall have the same opportunity to recycle afforded to occupants of other residential dwelling units. It is unlawful for any Residential Dwelling association or other- Residential Dwelling joint management entity to negotiate, execute or maintain a contract for residential garbage or other refuse collection unless they include as a part of that contract, or as part of a separate contract, weekly -2- 5 (i collection of recyclables occuring on the same day as their refuse collection. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Incluaing 'Penalty tor Violation'" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: By: Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: -3- SS Agenda Information Memo December 6, 1988, City Council Meeting RATIFICATION OF POSITION STATEMENT AIRPORT ADEQUACY STUDY B. Ratification of Position Statement Regarding Metropolitan Council Airport Adequacy Study --At the November 22 City Council work session, Chauncey Case, a representative of the Metropolitan Council, and members of the Airport Relations Committee met with the City Council and discussed the recent Met Council Airport Adequacy Study. There is a general consensus regarding the position of the City relative to the Airport Adequacy Study expressed by both members of the City Council and Airport Relations Committee. The Airport Relations Committee was asked to prepare a recommendation, a copy is outlined in Administrative Assistant Hohenstein's memo, referenced as page `j The City Council should note that the Committee's recommendation includes an amendment to the specific direction the Council and Committee discussed at the joint meeting. Please refer to points 4 and 5 in Jon's memo. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the proposed position statement regarding the Metropolitan Council Airport Adequacy Study with or without the additional recommendations of the Airport Relations Committee. MEMO TO: FROM: DATE: SUBJECT: CITY ADMINISTRATOR HEDGES ADMINISTRATIVE ASSISTANT HOHENSTEIN NOVEMBER 28, 1988 AIRPORT RELATIONS COMMITTEE RECOMMENDATION - METROPOLITAN COUNCIL AIRPORT ADEQUACY STUDY Following the joint City Council/Airport Relations Committee meeting of Tuesday, November 22, 1988, members of the Airport Relations Committee met briefly to consider a recommendation to the City Council regarding comment on the Met Council Airport Adequacy Study. As had been discussed with the City Council, it was the concensus of those present that the City should: 1. Endorse the Metropolitan Council Task Force's Two -Track Approach which would permit consideration of expansion of capacity at the current airport, while property is identified and banked for a potential future airport. Such endorsement contigent upon the exclusion of the third parallel runway, known in the study as the "far parallel." 2. Insist that the environmental reviews of both the proposed Runway 4/22 Extension and the proposed North/South Runway be exhaustive, both in terms of identification and mitigation of impacts. 3. Demand that expansion of capacity at the current airport be managed in such a manner as to utilize the noise abatement capacity of the Eagan -Mendota Heights Corridor as it is currently defined by the Metropolitan Council Aircraft Noise Policy Contours. Further that Metropolitan Policy be amended to provide for compensation for communities and/or property owners in the event that impact areas broaden, expand or shift as a result of operational changes at MSP. In addition, the Committee recommended that the City Council should: 4. Support expansion of MSP capacity only as necessary to meet demand until a replacement airport can be built. 5. Support an acceleration of the land-bank/development process for a replacement airport to the extent possible. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the proposed position statement regarding the Metropolitan Council Airport Adequacy Study with or without the additional recommendations of the Airport Relations Committee. Let me know if you have any questions in this regard. 57 Agenda Information Memo December 6, 1988, City Council Meeting VARIANCE/SONS CONSTRUCTION COMPANY C. Variance for Sons Construction Company, Inc., Requesting a 13' Variance to the Required 50' Public Right -of -Way Setback to Allow a Three Season Porch --A variance application from Sons Construction Company requesting a 13' variance to the 50' setback along Galaxie Road was received and processed by the Community Development Department. Fgr1a• copy of the staff report, refer to pages �� through ACTION.TO BE CONSIDERED ON THIS ITEM: To approve or deny a 13' variance to the 50' setback along Galaxie Road as requested by Sons Construction Company, Inc. S� CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: SONS CONSTRUCTION COMPANY LOCATION: LOT 1, BLOCK 1, SAFARI ESTATES ADDITION EXISTING ZONING: R-1 (SINGLE-FAMILY) DATE OF PUBLIC HEARING: DECEMBER 6, 1988 DATE OF REPORT: NOVEMBER 29, 1988 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting a 13' Variance to the required 50' setback along Galaxie Avenue. COMMENTS Sons Construction Company is requesting a 13' Variance to the required 50' minimum setback along Galaxie Avenue to alleviate difficult building restrictions on this site. The applicant feels that to provide the type of house which would fit the characteristics of the neighborhood, the 50' half right-of-way is excessive and restricts building. The majority of the structure which would encroach the setback is a three -season porch set on post footings. The proposed site plan indicates that a 37' setback from the property line combined with the approximately 26' boulevard positions the house 63' from the curb of Galaxie Avenue. The proposed Variance request does not encroach on any existing or anticipated future public utlility easement or street right-of- way requirements. Two developments to the north of the site, Berkshire Ponds and Park Ridge Addition, have allowed 40' setbacks from Galaxie Avenue. At the October 15, 1985 City Council meeting, approval was granted to allow a 6' Variance to the 50' setback on lot 1, block 1, Safari Estates Addition just to the south of this site. The Variance request meets or exceeds all other setback requirements and the required findings as set forth in section 11.40, subdivision 3.B.4 and 3.0 of the City Code. S. +92 i JN j\ D�•v � // 1111 a• V. /4 SF 589'50.22E 51259 268 21 �., iii 32 2 efu u MEM k11 Al 1 /1 I'959 1/ `T 034- 9 48 04' 948 4:J9°a !1 01ST 6, D6 5392 244.38 0 3 '� w N 'v 4f PROPOSED SITE 4 3 95 COUNTY Of Dor olo-el bOP pv py1 O•Q pti .15115 likor ,n 764'92 Al R 40141 T 16 4 n� 4• f 10 ,• 31 4 21 9/ 308 84 N 11.22'31•'4, 6 4244J`Wl6 7 63.6085 yE.t04. N�p1,68oy, 6 /' / la O COUNTY Of dd-QUI TRI -LAND CO. SURVEYING SERVICES 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55126 SITE PLAN FOR: SONS CONSTRUCTION LEGAL DESCRIPTION: LOT L ,BLOCK 1 , SAFARI ADDITION ACCORDING TO THE RECORDED PLAT THEREOF DAKOTA COUNTY,MINNESOTA 5251. 6..:: g6 LEGEND o DENOTES IRON MONUMENT DENOTES WOOD HUB SET DENOTES EXISTING SPOT ELEVATION DENOTES PROPOSED SPOT ELEVATION DENOTES DRAINAGE DIRECTION 1 Scale: I"=30' PROPOSED SPLIT LEVEL - WITH WALKOUT INVERT ELEVATION AT SERVICE EXTENSION= PROPOSED GARAGE FLOOR ELEVATION= PROPOSED FIRST FLOOR ELEVATION = PROPOSED BASEMENT FLOOR. ELEVATION NOTE'. VERIFY ALL FLOOR HEIGHTS WITH FINAL HOUSE PLANS I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Bradley J. Swenson, Mn. Req. No. 15235 Date: 1' ".' Agenda Information Memo December 6, 1988, City Council Meeting 1989 FEE SCHEDULE D. Consideration of 1989 Fee Schedule --Each calendar year the fee schedule for numerous services, licenses and permits that are provided by the City of Eagan are reviewed and periodically changes are recommended for certain fee amounts. The Director of Finance has coordinated with all City departments the new fee schedule for 1989. The fee schedule does not include assessment rates or utility billing rates. Both are under review and study by our consulting and engineering firm. Enclosed on pages ip 3 through jJ is a copy of the revised fee schedule. The new schedule includes all the revised fees and new fees and to determine what the present fee is, please refer to the handwritten amount next to the revised fee amount. If an amount does not have a hand written amount next to it, there is no change between 1988 and 1989 proposed. The significant change in the fee structure is building permits as the final year of a scheduled three year phase-in of the 1985 uniform building code fee schedule is included. Those rates will increase to approximately 10% from 1988 to 1989. This is a slightly smaller increase in the first two years. The cost of water meters has also increased significantly as the City moves toward implementation of a touch read system to take advantage of technology to reduce meter reading costs. Certain electrical inspection fees are increasing substantially as well. There is also a fee schedule survey included for the inspections department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve with or without modification the proposed 1989 fee schedule. L9D- CITY OF EAGAN FEE SCHEDULE Effective January 1, 1989 (Utility and Assessment Rates to Change Pending Completion of Studies) Adopted December 6, 1988 co3 LIQUOR FEES FEE TYPE BEER, LIQUOR AND WINE Beer Application and Investigation Off -Sale License On -Sale License Temporary License 7989 FEE $350.00(1) 40.00 175.00 25.00 Liquor Application and Investigation 300.00(2) Off -Sale License 200.00 On -Sale License 3,500.00 Sunday License 200.00 On -Sale Club License Less than 200 300.00 201-500 500.00 501-1,000 650.00 1,001-2,000 800.00 2,001-4,000 1,000.00 4,001-6,000 2,000.00 Over 6,000 3,000.00 Wine Application and Investigation 200.00(1) On -Sale License 200.00 Sunday License 100.00 Consumption and Display Daily Sports or Convention Duplicate License 25.00 50.00 2.00 (1)When Wine and Beer are applied for by the same applicant, the total maximum investigation fee is $350.00. (2)Also requires an escrow deposit of $1,000.00 for five persons requiring investigation and $200 for each additional if the investigation is conducted within Minnesota, or $2,000.00 for five persons requiring investigation and $400.00 for each additional if the investigation is conducted outside of Minnesota. - 1 1989 FEE TYPE FEE Rubbish Hauler Commercial, Residential or Recycling Only 1st Truck Each Additional Commercial/Residential Combination 1st Truck Each Additional Service Station Solicitors (Non -Profit) Solicitors (For Profit) License Fee Trailer Permit Dog License Male or Female Neutered or Spayed Late Fee Kennel Permit Initial Renewal Photocopies Fee Schedule Animal Pick Up Animal Impound $40.00 20.00 60.00 30.00 50.00 25.00 Q,,) o \0,5 r 50.00 Investigation 25.00 up to 3 solicitors 5.00 each additional over 3 25.00 6.00 3.00 2.00 a 50.00 25.00 .50/page 2.00 10.00 torvpv% 4.00/day over amount billed the City by the animal pound Permit Duplication Fee 20.00 Returned Check Fee 10.00 False Alarm Commercial 75.00 Per False Alarm After 6 (City Code) Residential 50.00 Per False Alarm After 6 (City Code) 2 FEE TYPE Alarm Panel Parade Permit Fee Shows (circus, carnival, Massage Parlor License Masseur/Masseuse License Accident Photo Police/Fire Reports: Accident Fire Burglary 1.nc.tde� Gambling Investigation Cigarette License Mechanical Amusement 1-3 Machines 4-15 Machines 15+ Machines Contractors Licenses Plumbing Sewer and Water Well Driller Topographic Maps Mailing Labels Notary Seal Voter Certification Duplicate Certificate of Occupancy 1989 FEE 8.00/month 25.00 etc.) License 25.00 50.00 Investigation 25.00 400.00 50.00 300.00 Investigation / q -v3 Investigation Qd . 5.00/print (F:.si 5) .0o/Q•: ; ��•��..<��� 3.00 .50 4.00 first 2 pages .25/additional page 250.00 25.00 25.00 200.00 400.00 MN Master License No. & $2,000 Bond & Certificate of Insurance MN Master License No. & $2,000 Bond & Certificate of Insurance MN Master License No. & $2,000 Bond & Certificate of Insurance 6.30/Acre LOGIS Cost + $10.00 3 Ci2(p .50 1.00 5.00 VIk SUBDIVISION AND PLATTING FEE TYPE Final Plat Preliminary Plat Rezoning and Planned Dev. PD -Annual Review 1989 FEE $100.00 +$3/lot 300.00 250.00 25.00 Conditional Use Permit Initial 150.00 Renewal - CUP 25.00 Variance Waiver of Plat Duplex Lot Splits Others Special Permit Accessory Housing Permit Grading/Excavation Permits If Preliminarily Platted Not Preliminarily Platted Renewal Utility Permits Utility Companies Permit For Construction in City Right -of -Way Assessment Search Vacation Proceedings Industrial Revenue Bond and Multifamily Housing Bond Processing Fee Market Analysis Study Zoning Map Zoning Regulations (City Code - Chapter 11) 4 75.00 50.00 300.00 50.00 100.00 Require Escrow Deposits Per Development Escrow Policy 250.00 325.001 (` A ckci%s s 150.00 3 „...,ALQ 10.00 20.00 8.00 300.00 tea- L 500.00 50.00 New i2v QArevous 5.00 C -c47, u. ,mac.. 1 fk�-h ; o h 10.00 FEE TYPE 1989 FEE Subdivision Regulations (City Code - Chapter 13) 10.00 Traffic Regulations Chapter 8) Parking Regulations Chapter 9) Sign Regulations City Code Each Chapter (All Chapters Except 8,9,11,13) Code Book Code Book with Binder City Code Updates (City Code - (City Code - 5 3.00 3.00 2.50 5.00 60.00 75.00 10.002vJ INSPECTION FEES FEE TYPE Building Permit Demolition Permit D_Lsposal Permit Electrical Permit Heating, Ventilating and Air Conditioning Moving Permit Plumbing and Gas Fitting Sign Permit Wind Energy, Radio and Television Tower Permit Plan Check (Valuation over $10,000) Foundation Permit (]:f issued prior to building permit - fee is not credited against the Building Permit Fee) 6 1989 FEE See Attached (1985 Uniform Building Code) 15.00 10.00 See Schedule Attached See Schedule Attached 30.00 Plus Cost of Repairs and Escrow See Schedule Attached 2.50 per square foot See Attached (1985 Uniform Building Code) 50% of Permit Fee .0005 X Valuation ($500 Maximum) BUILDING PERMITS CITY OF EAGAN 1989 PERMIT FEES & LICENSING REQUIREMENTS PERMIT FEES - RESIDENTIAL - Fees based on 1985 UBC Fee Schedule 50% Plan Review Charge on all permits over $10,000. Permits are issued to specific lots - any lot change after issuance of permit $50.00 transfer fee. Utility Charges - collected with permit fee Sewer Availability Charge (SAC) - $650.00* Water Availability Charge (WAC) - $550.00* Water Meter (5/8") - $ 90.00 ')'Jas Road Unit Charge - $325.00* Treatment Plant Charge - $228.00 was 'oy,ob $1.00 - $500.00 -- No Permit Required 1M.eo $501.00 - $2,000.00 -- $15.00 for the first $500.00 plus i,co $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. H�.5o $2,001.00 - $25,000.00 -- $45.00 for the first $2,000.00 plus goo $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. 1 a�. 50 $25,001.00 - $50,000.00 -- $252.00 for the first $25,000.00 plus S qo 6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. 3�9.00 $50,001.00 - $100,000.00-- $414.50 for the first $50,000.00 plus 9.00 $4.50 for each additional $1,000.00 or fraction thereof to and including $100,000.00. 4743910 $100,001.00-$500,000.00 -- for the first $100,000.00 plus 3.95 $3.50 for each additional $1,000.00 or fraction thereof. 1 g14.00 $500,001.00 - $1,000,000-- $2,039.50 for the first $500,000.00 plus $3.00 for each additional 0O $1,000.00 or fraction thereof,, to and including $1,000,000.00. (Continued) * Rate to change pending completion of study 7 no BUILDING PERMITS CITY OF EAGAN 1989 PERMIT FEES & LICENSING REQUIREMENTS PERMIT FEES - RESIDENTIAL - Fees based on 1985 UBC Fee Schedule 50% Plan Review Charge on all permits over $10,000. Permits are issued to specific lots - any lot change after issuance of permit $50.00 transfer fee. Utility Charges - collected with permit fee Sewer Availability Charge (SAC) - Water Availability Charge (WAC) Water Meter (5/8") Road Unit Charge Treatment Plant Charge $650.00* - $550.00* - $ 90.00 - $325.00* - $228.00 wnt vJ o.s 901.00 $1.00 - $500.00 -- No Permit Required N.00 $501.00 - $2,000.00 -- $15.00 for the first $500.00 plus \co $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. N2.5o $2,001.00 - $25,000.00 -- $45.00 for the first $2,000.00 plus goo $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. ¢ S 24..50 $25,001.00 - $50,000.00 -- $252.00 for the first $25,000.00 plus 67A0 6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. 374.00 $50,001.00 - $100,000.00-- $414.50 for the first $50,000.00 plus 4,00 $4.50 for each additional $1,000.00 or fraction thereof to and including $100,000.00. 519.00 $100,001.00-$500,000.00 -- $639.50 for the first $100,000.00 plus 3.16 $3.50 for each additional $1,000.00 or fraction thereof. 104.00 $500,001.00 - $1,000,000-- $2,039.50 for the first $500,000.00 plus $3.00 for each additional 0.1:1`' $1,000.00 or fraction thereof, to and including $1,000,000.00. (Continued) * Rate to change pending completion of study 7 90 3,3?4.'0° $1,000,001.00 and Up -- $3,539.50 for the first $1,000,000.00 „5 plus $2.00 for each additional d•' $1,000.00 or fraction thereof. All permit fees are rounded to the nearest numerically even dollar amount. FEES FOR APARTMENT BUILDINGS (ONE COMMON ENTRANCE & ONE LAUNDRY FACILITY) Sewer Availability Charge (SAC) - 80% of $650* x number of units Water Availability Charge (WAC) - 80% of $550* x number of units Road Unit - 80% of $325* x number of units Treatment Plant Charge - 80% of $228 x number of units � waa � apy Accessory buildings in apartment complexes will not pay MWCC SAC (Per MWCC policy). City SAC, WAC, Road Unit and Water Treatment will be charged at full value. STATE SURCHARGE ON ALL BUILDING PERMITS Valuation of Structure Surcharge Addition or Alteration $1,000,000 or Less $1,000,001 to $2,000,000 $ 500 + .0004 $2,000,001 to $3,000,000 $ 900 + .0003 $3,000,001 to $4,000,000 $1,200 + .0002 $4,000,001 to $5,000,000 $1,400 + .0001 $5,000,001 and Up $1,500 + Computation .0005 x Valuation x (Value x (Value x (Value x (Value - $1,000,000) - $2,000,000) - $3,000,000) - $4,000,000) .00005 x (Value - $5,000,000) * Rate to change pending completion of study 8 RI 1989 CITY OF EAGAN PLUMBING PERMIT FEES TYPE OF FIXTURE Water Closet @ $3.00 Each Bath Tub @ $3.00 Each Lavatory @ $3.00 Each Shower (Per Head) @ $3.00 Each Sink @ $3.00 Each Urinal @ $3.00 Each Bidet @ $3.00 Each Laundry Tub @ $3.00 Ea. COMMERCIAL PERMIT FEES: TYPE OF FIXTURE Janitor Sink or Receptor @ $3.00 Ea. Water Heater @ $3.00 Each Floor Drain @ $1.50 Each Water Stand Pipe @ $1.50 Each Gas Pipe Outlets @ $1.50 Each Rough Openings -No Openings @$1.50 Ea Fixtures on Rough Openings @$1.50 Ea 1% of Contract Fee With a Minimum Fee of $20.00. State Surcharge is $.50 Per Each $1,000 of Fee (Not the Contract Cost). $12.00 Minimum Fee 1989 CITY OF EAGAN MECHANICAL PERMIT FEES RESIDENTIAL HEATING (Includes Cooling for New Construction) RESIDENTIAL COOLING (Add on) MODIFICATIONS/ALTERATIONS COMMERCIAL PERMIT FEES 01-100,000 Additional Fraction - $12.00 BTU's - 50,000 $6.00 $12.00 Minimum $24.00, Each BTU's or 1% of Contract Fee with a Minimum Fee of $20.00. State Surcharge is $.50 Per Each $1,000 of Fee (Not the Contract Cost) 9 1 CITY OF EAGAN ELECTRICAL INSPECTION FEES NOTE: MINIMUM CHARGE FOR EACH INSPECTION - $10.00 ALL PERMITS REQUIRE $.50 STATE SURCHARGE 1. Payment of fees - All electrical inspection fees are due and payable to the City of Eagan at or before commencement of the installation and shall be forwarded to the City of Eagan. 2. The fees for signs shall be computed in accordance with State schedule with a minimum fee of $15.00 per sign. wC1.1. 10.0 0 3. Swimming pool ground fees shall be computed separately at $40.00 per pool. Wati 30.00 4. Minimum fee for each separate inspection of an installa- tion, replacement, alteration or repair limited to one inspection only - $15.00. LUaa lO.00 5. Services, change of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. 1 to 100 ampere capacity $15.00 was t �.0 0 101 to and including 200 ampere capacity or fraction thereof $18.00 voct.s tS.o 0 For each addition of 100 amperes or fraction thereof $ 5.00 6. Circuit, installations or additions, alterations or repairs of each circuit or subfeeder shall be computed separately including circuits fed from subfeeders and including the equipment service. Circuits of 250 volts or less. 0 to and including 30 ampere capacity $ 4.00 was 3.00 31 to and including 100 ampere capacity $ 7.00 wac S.bO For each additional 100 ampere capacity or fraction thereof $ 6.00 Wq,s 4.o b For circuits over 250 volts, double the fee for 250 volts or less. 7. In addition to the above fees: W0.S %.50 a. A charge of $2.00 will be made for each street lighting standard. b. A charge of $2.00 will be made for each traffic signal head. Circuits originating within the standard will not be used when computing the fee. 10 13 8. In addition to the above fees, all transformers and generators for lights, heat and power shall be computed separately at $2.00 per unit plus $.10 per KVA up to and including 100 KVA, 101 KVA and over at $.05 per KVA. The maximum fee for any transformer or generator in this category is $20.00. 9. In addition to the above fees, all transformers for signs and outline lighting shall be computed at $3.00 for the first 500 VA or fraction thereof per unit, plus $.25 for each additional 100 VA or fraction thereof. 10. In addition to the above fees (unless included in the maximum fee filed by the initial installer), remote controls, signal circuits, fire warning and security circuits of less than 50 volts shall be computed at $15.00 per first ten openings or devices of each system plus $1.00 for each additional opening. 11. For the review of plans and specifications of proposed installations, there shall be a minimum fee of $100.00 up to and including $30,000 of electrical estimate, plus 1/10 of 1% on any amount in excess of $30,000 to be paid by persons or firms requesting the review. 12. When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not the subject of an appeal pending before the Board or any court, a reinspection fee of not to exceed the original unit fee, or $15.00, whichever is less, may be assessed in writing by the inspector. Was 10.00 13. For inspections not covered herein, or for requested tea, 6.0 special inspections or services, the fee shall be $25.00 per man hour, including travel time, plus $.20 per mile traveled, plus the reasonable cost of equipment of material consumed. This section is also applicable to inspection of empty conduits and such other jobs as determined by the inspector. 14. For inspections of transient project including, but not limited to, carnivals and circuses, the inspection fees shall be computed as follows: a. Power supply units - According to Item 4(b) (2) of fee schedule - a like fee will be required on power supply o units at each engagement during the season, except that \.0° a fee of $25.00 per hour will be charged for additional time spent by the inspector if -the power supply is not ready for inspection at the time and date specified on the request for inspection as required by law. 11 8. In addition to the above fees, all transformers and generators for lights, heat and power shall be computed separately at $2.00 per unit plus $.10 per KVA up to and including 100 KVA, 101 KVA and over at $.05 per KVA. The maximum fee for any transformer or generator in this category is $20.00. 9. In addition to the above fees, all transformers for signs and outline lighting shall be computed at $3.00 for the first 500 VA or fraction thereof per unit, plus $.25 for each additional 100 VA or fraction thereof. 10. In addition to the above fees (unless included in the maximum fee filed by the initial installer), remote controls, signal circuits, fire warning and security circuits of less than 50 volts shall be computed at $15.00 per first ten openings or devices of each system plus $1.00 for each additional opening. 11. For the review of plans and specifications of proposed installations, there shall be a minimum fee of $100.00 up to and including $30,000 of electrical estimate, plus 1/10 of 1% on any amount in excess of $30,000 to be paid by persons or firms requesting the review. 12. When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not the subject of an appeal pending before the Board or any court, a reinspection fee of not to exceed the original unit fee, or $15.00, whichever is less, may be assessed in writing by the inspector. Was 10.00 13. For inspections not covered herein, or for requested special inspections or services, the fee shall be $25.00 per man hour, including travel time, plus $.20 per mile traveled, plus the reasonable cost of equipment of material consumed. This section is also applicable to inspection of empty conduits and such other jobs as determined by the inspector. 14. For inspections of transient project including, but not limited to, carnivals and circuses, the inspection fees shall be computed as follows: may a. Power supply units - According to Item 4(b) (2) of fee schedule - a like fee will be required on power supply o units at each engagement during the season, except that S a fee of $25.00 per hour will be charged for additional time spent by the inspector if the power supply is not ready for inspection at the time and date specified on the request for inspection as required by law. 11 b. Rides, devices or concessions - Shall be inspected at their first appearance of the season and the inspection fee shall be $15.00 per unit. W 61,7.So 15. Fees double - When any person, co -partnership or corporation begin work of any kind such as hereinbefore set forth, or for which a permit from the electrical inspector is required by ordinance, without having secured the necessary permit therefore from the inspector of buildings either previous to or during the day of the commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, he shall when subsequently securing such permit, be required to pay double the fees herein- before provided for such permit, and shall be subject to all penal provisions of this ordinance. 16. Additional Fees and/or Fee Shortage - Additional fees and/or fee shortages must be received by the City within 14 days of written notice. If additional fees and/or fee shortages are not received within 14 days of notice, permits for electrical installations will not be accepted by the City until such time as the additional fees and/or shortages are received. Additional fees and/or fee shortages that are not received within 14 days of notice are subject to a 10% per day penalty. 12 Rates to Change Pending Completion of Study ASSESSMENT FEES FEE TYPE Trunk Assessment Trunk Sanitary Sewer Oversize Unplatted Platted Residential Trunk Water Main Oversize Unplatted and Platted Comm. & Ind. Platted Residential Water Supply & Storage (WAC) Comm. & Ind. Trunk Storm Sewer Oversize Single Family Multi -Family Comm. & Ind. Lateral Benefit Assessment Lateral Benefit from Trunk Sanitary Sewer Lateral Benefit from Trunk Water Main Single Family Multi -Family and Comm. & Ind. Lateral Benefit from Trunk Storm Sewer Single Family Multi -Family Comm. & Ind. Street Assessment Equivalent Zoning STREET -Residential (Including Equivalent (32') Multiple Equivalent (44') Comm. & Ind. Equivalent (52') TRAILWAY - (Concrete or Bituminous) 1988 FEE $1,365/Ac. 655/Lot 1,315/Ac. 63 0/Lot 2,015/Ac. .056/S.F. .070/S.F. .083/S.F. 31.70/Centerline Foot 26.20/Centerline Foot 43.20/Centerline Foot 41.65/Centerline Foot 52.00/Centerline Foot 61.75/Centerline Foot Storm Sewer for Street Drainage) 48.05/F.F. 90.20/F.F. 111.70/F.F. 13 (10 13.00/F.F. Rates to Change Pending Completion of Study UTILITY RATES AND FEES FEE TYPE Sanitary Sewer Single Family, Townhouse and Similar Residential Apartment, Institutional Commercial & Industrial Sewer only (Sewer with water connection/meter to measure flow) 1988 FEE MN $18.75/Qtr. for 15,000 Gal. $1.15/1000 Gal. for All Usage Over 15,000 Gal. Based on Winter Quarter Meter Reading MN $18.75/Qtr. for 15,000 Gal. $1.15/1000 Gal. for all Usage over 15,000 Gal no Flat Rate - $25.35/Qtr. Water Works All users Street Light Energy Single Family/Twin Homes (R-1, R-2) Townhouses (R-3) Multiple Residential & Comm. & Ind. (R-4, C/I) Road Unit Charge Residential Except Apartments Apartments (80%) Comm. & Ind. Sewer Availability Charge (SAC) Single Family (R1 and R2) Other Treatment Plant Charge Water Supply & Storage (WAC) Single Family Apartments Comm. & Ind. Shut-off Charge Delivery of Shut-off Notice 14 MN $17.85/Qtr for 15,000 Gal. & $.77/1000 Gal. for All Usage Over 15,000 Gal $2.65 Per Qtr Per Lot $2.10 Per Qrtr Per Unit $18.40 Per Qrtr Per Billing Acct. $325/unit 260/unit 975/acre $650 MWCC 228.00 (1989 Rate) W q s 0.04.DO 550/Lot 440/unit 2,015/acre 25.00 (1989 Rate) 10.00 (1989 Rate) 1989 FEE TYPE FEE Late Fee Sewer Permit Water Permit Construction Meter Permit After Hours Work Water Meter Removal Water Meter Replacement Sewer Tap Water Tap Water Meters 5/8" x 3/4" meter* 3/4 water meter* 1" water meter 11/2" water meter 2" water meter 2" compound 3" compound 4" compound 6" compound 2" turbo meter 3" turbo meter 4" turbo meter 6" turbo meter #2 copperhorn w/swivel Remote wire (over 35') Meter Strainers: 2" 3" 4" 10% of Balance $10.50 10.50 10.00 ($100 Escrow Dep.) °(2.- A. Call Out - Labor Rate 2.5 Hr. Minimum + 10% Administrative B. Extended Day Labor + 10% Admin. 30.00 30.00 100.00 100.00 W 0.S 90.00 to?,ao 120.00 °13.00 125.00 tot..00 325.00 9,3.Oo 455.00 'Moo 970.00 1,205.00 I I I.o.00 1,900.00 ivtt .00 3,620.00 3570.00 475.00 12o.00 639.85 (000.00 1,075.00 1045.00 2,220.00 l P38.00 16.00 0.06/Ft 160.00 207.00 312.00 Meter Testing (Charged only if meter tests correct): 5/8" through 2" 50.00 All other sizes Contract Cost (Mpls)+ 10% 15 X18 PARKS AND RECREATION FEE TYPE Parkland Dedication Single Family Duplex Townhouse/Quad Apartments/Multiple Commercial and Industrial Park Fees Picnic Kit Rahn Building Trapp Farm Pavilion Enclosed Shelter Buildings Open Shelters Athletic Facilities/Shelters Fields Lights (If Required) Building Cleaning Damage Deposit Community Rooms Youth and Non -Profit Others Profit and Fund Raising Chuckwagon Grill Canopy 16 '15 1989 FEE $525.00 488.00 414.00 427.00 .05/S.F. 3.00/5.00 0.J y99.0o (,`1.00 3A(,.00 1,404. 00 .0'46 50.00 Per Day 35.00 1/2 Day 35.00 Was Q.av Atur 15.00 50. 35.00 Per Field Per Day 20.00 Per Field Per Day 30.00 100.00 p0 No Charge 35.00 Was 16,00 50.00 15.00 50.00/Day 4 30.00 4'n h; vr.unn MAINTENANCE EQUIPMENT AND PERSONNEL 1989 FEE TYPE FEE Maintenance Person $17.00/hr. (Regular) 25.50/hr. (Overtime) Foreman 20.00/hr. Pick-up truck 22.00/hr. 1 Ton dump truck 23.00/hr. Single axle dump truck 30.00/hr. Tandem axle dump truck 35.00/hr. Tractor 15.00/hr. Backhoe/loader 35.00/hr. Front end loader 56.00/hr. Road grader 56.00/hr. Street sweeper 41.00/hr. Roller 18.00/hr. Paver 20.00/hr. Air Compressor 8.00/hr. 50 KW Generator 35.00/hr. Sewer Jetter 66.00/hr.' s s3.O0 Sewer Rodder 33.00/hr. Sewer Vacuum 33.00/hr. Groundsmaster Mower 22.00/hr. 17 ga EXHIBIT "B" (Developer's Escrow Agreement) Preliminary Plat Application Escrow $150 per acre $750 Minimum $2,400 Maximum Final Plat Application Escrow $150 per acre $500 Maximum Contract Management Escrow Estimated Construction Costs * Escrow $ 0 - $150,000 4% ($ 500 Minimum) $150,001 - $500,000 3% ($ 6,000 Minimum) $500,001 + 2.5% ($15,000 Minimum) * Costs will be verified by City staff and adjusted as necessary to be comparable to City Projects, thereby insuring armslength transaction costs. 18 Sl MINIMUM Service 1 0 to 30 amp 31 to 100 0 to 100 1 Service 101 to 2001 E-+ Z x x U Q W E■ Ena. o a. U 0 0 = E-+ W Z J 0 P4 0 0 w J) 0 0 C1. E� W W 0 o 0 a West St. Paul Eagan Burnsville Rosemount Shoreview No. St. Paul Roseville si $10 1L] $15 $15 $15 $15 $15 s4 .c5 ..$7_ $4 $5 ($7 $4_ $4 47 ffs ($4 I$5 $5 $5 $6 $7 $7 $7 $ 1 7 .$15 ! $.15 $12 $15 $15 $1R $4-2 $15 $18 $181 $18 5 $22 Maplewood $15 $5 $7 ! E $18 $22 Arden Hills $15 $5 $7 $18 $22 Little Canada $15 $5 $7 $18 $22 No. Oaks $15 $5 $7 $18 $22 City Of St. Paul $20 $4 $7 $15 $20 Minneapolis Bloomington $22 $78 $20 $30 $5 $7 $18 $22 i MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL FROM! KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: NOVEMBER 21, 1988 RE: ADVISORY PARKS AND RECREATION COMMISSION RECOMMENDATION BACKGROUND The Advisory Commission annually reviews parks dedication fees and policy for recommendation and adjustments. In 1986, the policy underwent significant change, primarily to reflect the state statutes governing parks dedication, and to better show a relationship between possible effects of residential "density", park needs and land or cash dedication. For 1987 and 1988, the Commission recommended, and the Council approved, an increase of $500 in land values resulting in the following: 1987 1988 Class Value = Unit Dedication Value = Unit Dedication Single Family $11,000 = $471 $11,500 = $492 Duplex 13,000 = 445 13,500 = 462 Townhouse 15,000 = 382 15,500 = 396 Apts/Multiple 17,000 = 392 17,500 = 404* *Apartment fees may be reduced by up to 25%, if the developer provides for significant recreational facilities for its apartment dwellers. The Commission discussed their recommendations at the October and November meeting of the Commission. ADDITIONAL ISSUE The Commission, concerned with the long term needs for maintaining Eagan's urban forest, open space and natural resources have discussed the concept of creating a "Resource Trust Fund". Proceeds from the fund would be used to help to promote activities in neighborhood reforestation, etc. The fund would also be a depository for gifts, grants and donations. The Commission has yet to finish work on this "idea" before a formal presentation to the Council. However, the Commission has considered the creation of this trust fund for inclusions with the parks dedication fee/formula. COMMISSION RECOMMENDATION The Commission has recommended that average land value be found at: $12,250 for Single Family $14,250 for Duplex $16,250 for Townhouse/Quads $18,500 for Apartments These values would result in cash dedication equivalents as follows: Amount Increase/Percentage Single Family $525.00 $33 6.2% Duplex 488.00 26 5.2% Townhouse/Quads 414.00 18 4.5% Apartments 427.00 23 5.3% Regarding Commercial/Industrial; the fee would go to $.05 per square foot of net developable land, an increase from $.046 per square foot. The Commission also recommended that up to $20.00 from each living unit be identified/tracked for possible deposit into a separate trust fundfornatural resources. A report and official recommendation is to follow in the near future. FOR COUNCIL ACTION To approve, or disapprove and revise, the proposed 1989 parks dedication fee; authorize preparation of a resolution to amend existing policy. RESOLUTION ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS WHEREAS, various sections of the City Code provide for fees to be established by Council resolution, and WHEREAS, the City has incurred increased costs in wages and materials and it is, therefore, necessary to increase some of the cost to cover said increase; and NOW, THEREFORE, LET IT BE RESOLVED, that the fees as 1_lsted in the attached shall be effective January 1, 1989, Motion Made by: Seconded by: Those in Favor: Those Opposed: Darted: December 6, 1988 CITY OF EAGAN CITY COUNCIL BY: Its Mayor ATTEST: 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 6th date of December, 1988. E. J. VanOverveke, City Clerk City of Eagan S Agenda Information Memo December 6, 1988, City Council Meeting RECEIVE DEVELOPMENT DISTRICT #2 PROGRAM SET PUBLIC HEARING E. Receive Development District #2 Program and Set Public Hearing --The City Council has identified the need to organize a development district and undertake a development program for the purpose of carrying out certain transportation improvements generally described as the commercial/industrial park area in northeast Eagan. For a copy of Development District #2 or the project area, refer to the map enclosed on page 27. For a copy of the development program as referenced in the statement of intent, statement of need and various program objectives nd district ctivities, refer to a document enclosed on pages through . The action before the City Council is to set a public hearing for the January 17 City Council meeting for the purpose of considering development program/development district #2. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny setting a public hearing for January 17, 1989, to consider Development District #2 for the purpose of carrying out certain transportation improvements. • t-id:ew,6.- W.4 DEVELOPMENT PROGRAM DEVELOPMENT DISTRICT NO. 2 A. STATEMENT OF INTENT It is the intent of the City of Eagan to organize a development district and undertake a development program within the meaning of Minnesota Statutes, Sections 469.124 to 469.134 (the "Development District Act"), and to designate the project area as Development District No. 2 (the "Development District") for purposes of carrying out the transportation improvements hereinafter described and establishing a portion of the project area as a tax increment financing district pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the "Tax Increment Act"), in the financing of the improvements herein described. The boundaries of Development District No. 2 are as set forth in Appendix I hereto. In particular, there has been presented to the City a plan for the construction of certain transportation improvements in order to induce and permit the construction of an office building and training center expansion at the Northwest Airlines headquarters site in particular and to secondarily induce and permit construction of other private developments in the District, all for the purposes of providing employment opportunities and enhancing the tax base of the City. B. STATEMENT OF NEED There is a need for new development in the City to provide employment opportunities, to increase the tax base and to improve the general economy of the state and the City. This need can be accomplished through the attraction of commercial development. In the case of the District, significant development can be attracted by the Program described herein. The action herein proposed to be taken by the City is found to have a public purpose in accordance with the Development District Act and is necessary to meet those needs. The primary commercial development which the City believes will be attracted as a result of the creation of the Development District and implementation of the Program is the expansion of the Northwest Airlines corporate headquarters site in the City. Northwest Airlines has submitted to the City a proposed amended Master Plan for its corporate headquarters site which illustrates the locations and sizes of the buildings and parking facilities proposed to be constructed on the site by the year 2005. A reduced copy of the Master Plan is attached hereto as Appendix 2. The Master Plan contemplates construction of approximately 1,000,000 square feet of office and commercial space. While the most recent environmental Ag impact statement covering the area concludes that this additional development could occur, it acknowledged that it would cause a traffic problem. An existing indirect source permit for the site does not permit the additional development. The City believes that, with implementation of the Program, Northwest Airlines can obtain an amendment to the existing indirect source permit which would enable the Northwest Airlines Master Plan to be completed. In addition, the City believes that implementation of the Program will permit other significant private developments to occur within the District without undue traffic congestion. The traffic problems associated with commercial development in that portion of the Development District generally known as the Lone Oak site have studied by consulting engineers. These studies, including the Lone Oak Travel Demand Management Plan, dated , 1988 prepared by BRW, and the , dated prepared by Short Elliott Hendrickson, are on file at the office of the City Administrator. C. AUTHORITY TO ESTABLISH A TAX INCREMENT DISTRICT AND TO IMPLEMENT A DEVELOPMENT PROGRAM The City has power to establish a tax increment financing district under the Tax Increment Act and to undertake development programs as defined in the Development District Act. The City has authority under the Development District Act tc acquire, construct, reconstruct, improve, alter, extend, operate, maintain or promote developments aimed at improving the physical facilities, quality of life and quality of transportation. D. DEVELOPMENT PROGRAM OBJECTIVES The objectives sought to be accomplished by the City in establishing its Development District No. 2 and in carrying out the Development Program for the Development District are as follows: 1. To promote and secure development and expansion of new business. 2. To provide employment opportunities through the creation of new jobs. 3. To expand the tax base of the City. 4. To improve transportation within the City. zS� E. DEVELOPMENT DISTRICT ACTIVITIES The objectives of this Development District will be accomplished through the actions described below. The specific public transportation facilities to be constructed in the Development District and the timing thereof will ultimately depend on a number of factors, including but not limited to the timing and nature of private development in the Development District, the degree of cooperation by other local governments and the Minnesota Department of Transporta- tion, the availability of necessary permits from the Metropolitan Council, the Minnesota Pollution Control Agency and other governmental authorities and the availability of financing. As of the date hereof, the City has identified the following transportation improvements as the planned activities to be constructed in cooperation with the Minnesota Department of Transportation, Dakota County and other affected jurisdictions: 1. Intersection Capacity Improvements. Intersection capacity improvements, consisting primarily of the addition of turn lanes, are proposed to be constructed at certain intersections in the Development District as set forth in Appendix 3 hereto. 2. HOV Interchange. An HOV (high occupancy vehicle) interchange for I-494 is proposed to be constructed east of TH 149 and west of Delaware Avenue. The interchange would be restricted to vehicles with two or more occupants only. The interchange may also include HOV lanes on I-494. Attached hereto as Appendix 4 is a possible diagram of the interchange. 3. General Purpose Interchange. As an alternative to the HOV Interchange, a general purpose interchange may be constructed in the same general location as proposed for the HOV Interchange. Attached as Appendix 5 is a possible layout for the general purpose interchange. 4. New Ramps Along I-494. New exit and entrance ramps are proposed to be constructed along I-494 between TH 149 and I -35E, including modifications to the intersections of the TH 149/I-494 westbound ramps and the TH 149/1-494 eastbound ramps. The new ramps would be substantially as shown by the layout attached as Appendix 6. 5. Widening of TH 149. If new ramps are constructed to I -35E, the TH 149 bridge over I-494 would be expanded to provide an additional lane in each direction. The third lane would begin at the northerly I-494 ramp terminal and continue through the TH 149 intersection with Northwest Parkway. As indicated above, the design and location of these proposed transportation improvements, and the selection of alternatives, are subject to a number of considerations. The eventual configurations, however, must satisfy the basic minimum requirements that they (a) are of such design and location that they permit Northwest Airlines to obtain an indirect source permit for construction of improvements proposed to be completed at that site for the next five years and (b) can be completed with projected tax increment revenues from the proposed Tax Increment Financing District and funds provided by Northwest Airlines and other governmental units. In addition, the design and location will reflect the relationship of the improvements to the enhancement of additional commercial development, the availability of additional revenue and the needs of local residents and other governmental units. F. LAND USE All development on lands in Development District No. 2 will be for the uses described above and for uses permitted by law. The Development Program does not involve any restrictions on the use of private property. G. LAND ACQUISITION No properties are to be acquired by the City in connection with the Development Program, except right-of-way necessary for the construction of the transportation improvements described above. H. ADMINISTRATION The City Administrator shall be responsible for the administration of Development District No. 2 on behalf of the City of Eagan. I. ENVIRONMENTAL CONTROLS The private development by Northwest Airlines described above will be subject to an amended indirect source permit issued by the Minnesota Pollution Control Agency. Construction of the improvements will be subject to all environmental permits and controls required by law. J. MAINTENANCE AND OPERATION. The maintenance and operation of the transportation improvements constructed as part of the Program is expected to be the responsibility of the governmental unit having jurisdiction and responsibility therefor. It is expected that improvements under the jurisdiction of the City will be operated and maintained in the same manner as other City streets from general funds appropriated or available therefor. 2103e Schedule I Development District No. 2 of the City of Eagan consists of the properties within the following boundaries: 2103e Agenda Information Memo December 6, 1988, City Council Meeting TAX INCREMENT FINANCING DISTRICT #1 PLAN F. Receive Northeast Eagan Tax Increment Financing District #1 Plan and Set Public Hearing --The City Council has held a meeting with Northwest Airlines at an October 27 special meeting to discuss the necessity of off-site transportation improvements if Northwest Airlines is to proceed with corporate expansion plans during the summer of 1989. Off-site transportation improvements will more than likely include additional freeway lanes, a potential of an additional interchange or off ramps and the improvement of state or county highways in northeast Eagan. There are but limited revenue sources available for funding these types of improvements with the exception of using tax increment financing. The tax increment financing would only be used for off-site improvements pertaining to improved roadway design. The program or project area as defined in item E outlines the area within northeast Eagan that may require roadway improvements. The tax increment finance district #1 would be confined to corporate expansion that is proposed by both Northwest Airlines and Cray Research during 1989. Again, the action for City Council consideration is to set a public hearing date for January 17 for the purpose of considering a resolution for the establishment of a tax increment financing district #1. For a copy of the resolution establishing the development district and tax increment financing district, refer to page q,S . This is a combined resolution for action items E and F. Assuming approval, separate resolutions will be written. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny setting a public hearing for January 17, 1989, to consider the establishment of Tax Increment Financing District #1. `/ PRELIMINARY RESOLUTION FOR ESTABLISHMENT OF DEVELOPMENT DISTRICT AND TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED By the City Council of the City of Eagan, Minnesota, as follows: 1. There have been presented to this Council drafts of a Development Program and Tax Increment Financing Plan for proposed Development District No. 2 of the City to be created pursuant to Minnesota Statutes, Sections 469.124 to 469.134 and Minnesota Statutes, Sections 469.174 to 469.179. 2. A public hearing on the creation of the Development District and the establishment of the Tax Increment Financing District pursuant to the Tax Increment Financing plan shall be held at City Hall on Tuesday, January 1989 and the City Clerk shall give notice thereof in the manner required by law. The Clerk or Administrator shall also provide the Dakota County Board of Commissioners and the School Board of Independent School District No. with information on the fiscal and economic implications of the Tax Increment Financing Plan at least 30 days prior to the hearing. 3. Prior to distribution of the proposed Development Program and Tax Increment Financing Plan the City Administrator is authorized to complete, update and revise the information therein based upon the advice of engineering, financial and legal consultants to the City. 2102e MEMO TO: HONORABLE MAYOR AND CITY COUNCIIMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 30, 1988 SUBJECT: INFORMATIVE METROPOLITAN COUNCIL DISTRICT 15 REPRESENTATIVE APPOINTMENT A previous informative memo included a discussion regarding the appointment of a Metropolitan Council representative from District 15 due to the announcement from Mary Martin that she is not seeking reappointment. District 15 includes the cities of Eagan, Inver Grove Heights, Mendota Heights, West St. Paul, South St. Paul, Newport and the Highland Park area of St. Paul. Considering the number of issues that will be confronting the City of Eagan such as airport adequacy, metropolitan significance, transportation and the related, it would behoove our city to participate in the selection of a good candidate who could provide a strong representation on the Metropolitan Council. Deborah Tompkins has contacted this office and is expressing interest in pursuing the appointment. Her application, in addition to other applications and a memo from the City Administrator of Mendota Heights is enclosed on pages �,� through 0j. If the City Council would like to endorse a candidate or irect the Mayor or City Administrator to write a letter of support to the nominating committee or Governor on behalf of a candidate, this item should be considered as a part of Additional Business at the meeting on Tuesday. Since the Northern Dakota County mayors group meets monthly and has historically been involved in the appointment of a Metropolitan Council district representative, the City Council could wait until after the next mayor/manager breakfast on December 16 and consider an endorsement at the December 20 meeting. CARRIAGE HILLS GOLF COURSE FALCON WAY PROPERTY DAMAGE COMPLAINTS The City's prosecuting attorney, Kevin Eide, Police Captain Geagan and the City Administrator have met with legal counsel representing Carriage Hills Golf Course to discuss some means of mitigating the threat of health, safety and welfare concerns of residents on Falcon Way from golf balls veering into the yards and causing either personal or property damage. Enclosed on pages Ipti through is a memo prepared by Police Captain Geagan that summarizes t e Carriage Hills Golf Course issue. DAKOTA COUNTY CHRISTMAS PARTY Enclosed on page OS is a copy of the notice for the Dakota Award Holiday Luncheon that is scheduled for December 8, 1988 at Southview Country Club. Reservations were made for Mayor Ellison, City Councilmembers Egan, Gustafson and Wachter as well as the City Administrator and Chief of Police Berthe. LIGHTING OF SPORTS FIELDS AND HOCKEY RINKS Enclosed on page ((1 is a memo from the Director of Parks and Recreation that addresses concepts to reduce sports lighting glare and light spillage at hockey rinks and athletic fields within the City. CELEBRATE MINNESOTA 1990 RELOCATION AND PRESERVATION OF OLD TOWN HALL It appears that the Eagan Rotary Club may adopt the relocation and preservation of the old Town Hall as a service club project in 1989 by contributing both person hours and a dollar contribution. City Councilmember Wachter and the City Administrator, with the assistance of the Administrative Intern, are finalizing the grant application for submission by the September 16 deadline. CEDARVALE DRIVE PARKING LOT EXPANSION As the City Council recalls, the owners of Cedarvale Shopping Center have requested a relocation of the MTC Park and Ride site to allow for additional parking at their center. The Director of Public Works has investigated alternative sites with Mr. Brown and representatives of the MTC, however, due to the pending opt out legislation the MTC indicated that they would not be willing to expend any funds for the construction or relocation of the Park and Ride site. Until an acceptable site and related relocation site costs can be resolved, the expansion of the Cedarvale Center parking lot and relocation of the Park and Ride site has been placed on hold. City Councilmember Gustafson has suggested a location on Nicols Road that may be a viable site for a Park and Ride site and that information has been forwarded to the MTC. Since Cedarvale Shopping Center is not leasing space as quickly as the owners had predicted, the lack of parking has not been the issue they once anticipated. As the center continues to lease and the opt out question is addressed during 1989, the City is hopeful that MTC will bring a favorable resolution to this issue. LEAGUE OF MINNESOTA CITIES PROPOSED POLICIES AND PRIORITIES Approximately six (6) weeks ago, a copy of the League of Minnesota Cities policy and priority manual was distributed to each member of the City Council. At the annual League's policy adoption meeting that was held on November 16, the policies and priorities were adopted as presented. 9'1 DAKOTA COUNTY RECYCLING NEWSLETTER UPDATE Enclosed without page number is the most recent newsletter from Dakota County that addresses the recycling implementation strategy and includes other informative articles. /s/ Thomas L. Hedges Administrative Assistant �8 City of CitMendota Heights CITY OF MENDOTA HEIGHTS MEMO , NOVEMBER 28, 1988 TO: Northern Dakota County City Administrators FROM: Kevin D. Frazell, Mendota Heights City Administrator SUBJECT: Metropolitan Council District 15 Representative I have spoken with Gary Pagel of the Metropolitan Council Chair staff regarding the process for appointing someone to the District 15 seat. Gary tells me the following: Under current law, the Governor must appoint a nominating committee. The committee was supposed to have been appointed in October, but as of last Friday, the appointments have not yet been made. Gary did not know whether the Governor would simply reappoint the previous committee, which included Mary Anderson. Once appointed, the committee is required to notify each city, the county, and legislative representative from the District that the application process is open, soliciting their input. Application forms can be obtained from the Metropolitan Council Chair's office. The applications are filed with the Secretary of State's office, who turns them over to the nominations committee. The nomination committee is required to hold a public hearing in the District, and letters of recommendation, etc., are welcome, along with public testimony on behalf of particular candidates. Once the committee has completed its work in all districts where there are vacancies, it forwards its recommendations to the Governor for his consideration. He is not obligated to follow the recommendations, although it was Gary's opinion that Governor Perpich probably would follow the recommendations, and had always done so in the past. Attached are two resumes or letters which have been forwarded to me, one for Sheila Tatone, and one for Dwight 1101 Victoria Curve • Mendota Heights, MN • 55118 452.1850 Peterson. Other names that Gary had heard mentioned included Deborah Tompkins, Kathy Gaylord, Cal Bloomquist, and a Sue McCloskey from Highland Park. Gary was of the opinion that because of the airport noise issue, the Highland Park neighborhood might become quite active in trying to promote a representative from their District. We had originally agreed that resumes for any one interested should be sent to me by next Friday, December 2, and I would then redistribute them to the rest of you. However, since it does not appear that time is of the essence, perhaps we can extend that a week or so. We can then schedule it for discussion at our Mayor/Manager's breakfast on December 16. KDF:madlr DEBORAH TOMPKINS 1681 Walnut Lane Eagan, Minnesota (612) 454-6817 PERSONAL DATA Birthdate: July 3, 1948 Married - 2 children EDUCATION B.A. Communications from the College of St. Catherine - 1984 BUSINESS Owner of Tompkins and Associates, a sales and marketing firm - 1980 to present Owner of the Minnesota Connection, a national distributorship - 1986 to present Member of the Northern Dakota County Chamber of Commerce, serving on the Government Affairs Committee - 1988. EXPERIENCE Candidate for Dakota County Commissioner - 1984 and 1988 Responsibilities: Designed campaign logo, brochures, and lawn signs; wrote and edited campaign bro- chures, newspaper profiles, letters to the editor, news releases, and fundraising letters; served as campaign manager and supervised campaign committee; wrote and delivered speeches at candidate forums and city council meetings; recruited volunteers for fundraising, doorknocking, signs, and literature drops; raised necessary campaign funds from organizations and individuals; made public appearances at group functions; held interviews with statewide and local newspapers; organized mail- ings to registered voters and potential funders. Member of the Board of Directors of the Association for Retarded Citizens - 1987 to present Responsibilities: Serving as the ARC representative on the Dakota County Interagency Early Interven- tion Committee; co-chairing the ARC fundraising committee for the 1988 and 1989 Tapemark Charity Pro -Am Golf Tournament. Member of the Special Needs Advisory Committee of the Indian Council, Boy Scouts of America - 1988. Responsibilities: Developing resources necessary to provide Scouting programs for youth with special needs. President of the Community Action Council, Inc. - 1984 to 1985 (CAC is the largest non-profit human service agency in Dakota County) Responsibilities: Made formal presentations to funders such as the St. Paul and Minneapolis United Ways, Dakota County Board, and local city councils; chaired the site selection committee which located a site and approved plans and financing for a new $1 million agency facility and a new $500,000 shelter for battered women; worked with the developer, contractors, and architects on the design for the new facilities; chaired the long-range planning committee which developed a strategic five-year plan for the agency; served on the development committee which raised ten percent of the annual budget; reorganized the board structure and promoted board training through workshops and an annual board retreat. Chair of the Communications Committee of the Community Action Council Board - 1977 to 1983 Responsibilities: Completed a public relations audit of the entire agency and developed a comprehen- sive public relations plan; redesigned the agency logo, newsletter, brochure, and annual report; produced and financed two agency slide shows; organized a ten-year anniversary celebration which included the local officials, the media, and the public. Member of an Admissions and Allocations Panel of the St. Paul United Way - 1979 to 1985 Responsibilities: Prioritized community needs and services; reviewed agency programs and budgets; allocated funds to human service agencies; solicited funds from small businesses. Co -Director of Kids 'n Kinship - 1975 to 1977 Responsibilities: Interviewed and screened prospective volunteers, children, and their parents; matched volunteers with children and monitored their progress; solicited donations; edited newsletter. (o\ RESUME SHEILA TATONE BIOGRAPHY: Age: 39 Married to Paul Two children, Aaron age 12 and Susie age 9 Thirteen year resident of Inver Grove Heights BS in Science Education, Bemidji State College OCCUPATION: Deputy Registrar, owner of the Inver Grove License Center EXPERIENCE IN PUBLIC LEADERSHIP: Past Positions: DFL: Associate Precinct Chairman; Precinct Chairman; Senate District 39 Associate Chairman Chairman of the Inver Grove Heights Park Commission, 1978 to 1980 Inver Grove Heights City Council Member, September, 1980 to December 31, 1985 Met Council Solid Waste Advisory Board Member Member of the Advisory Body re: Hazardous Waste Facility for the Waste Management Board SSP -IGH Chamber of Commerce Board of Directors, 1986 to 1988 Alumni, Leadership South St. Paul Present Positions: Chairman of the Inver Grove Heights Park and Recreation Commission Cahill Corridor Business Association Board of Directors Gun Club Lake W.M.O. Board of Directors, 1986 to present Developed "Star City Days" as a community celebration, Board of Directors tp CI Y II ST. pAtiv. November 21, 1988 Kevin Frazell City Administrator City Hall 1101 Victoria Curve Mendota Heights, Mn. 55118 Dear Kevin: oFricr: )r- CITY ADMINISTRATOR (612) 450.8700 r ti rir url? ;i 1' (\ I I Enclosed is a copy of a letter of introduction from Dwight Peterson, South St. Paul City Councilmember relative to his candidacy for the Met Council. Dwight has chosen to send similar copies directly to area elected -appointed officials. As of this date Kathleen Gaylord has not provided me with any information relative to her candidacy. However, I suspect she remains committed. If and when I receive a resume or letter, I'll forward it to you. If you have questions, give me a call at 450-8700. Sincer ky, Gary City L. W Admijiistrator GLW/ln [ 03 (AIN Or ¶() )111 S1'. PAM_ To Whom It May Concern: Councilmember Dwight Peterson 1912 Butler Avenue South St. Paul, Minnesota 55075 The purpose of my letter is two fold. First to inform you that Mary Martin, our current representative on the Metropoli- tan Council (District 15) is not seeking reappointment. Second to seek your support for my candidacy to that appoint- ment. Listed below is a brief biography. - Life long resident of South St. Paul - Graduate of South St. Paul High School 1950. Attended Luther College, Trained in Labor Relations - Employed by Northwestern Bell and AT&T for 33 years. Had various technical positions, Marketing and Sales responsib- ilities and single point of contact for servicing large corporate customers. - Presently self-employed as communications consultant - Elected Trasurer of Communications Workers of America Local 7201 1970 - 1976 - Elected to the South St. Paul City Council 1973. Reelected 1975, 1977, 1979, 1983, 1987 - Appointed HRA Commissioner 1976 and presently serve as Mayor Pro Tem � o� - Recently elected chairman of the Lower Mississippi Water- shed Management Organization which includes Inver Grove Heights, West St. Paul, Sunfish Lake, Mendota Heights, Lilydale, St. Paul and South St. Paul Member of Luther Memorial Church, Lions Club and Chamber of Commerce Hopefully the above has indicated that I have been devoted to Civic and Community service most of my life. Since I am self- employed I have the time necessary to properly focus on the problems and needs of our region. Additionally I would have the flexibility to become accessible to those communities in our region to assure good communication and attention to your particular problems as they arise. As a result of having served as an elected official for 15 years I have had the opportunity to establish good working relationships with elected and appointed state, county and city officials. This would be an asset to our area. I am familiar with the Metropolitan Council's 1989 priority projects as they relate to planning, solid waste management, water management, transportation, airport and human resource. While time and space does not allow me to address those subjects in detail I would certainly seek your input and advice in the decision making process. Should you have any questions or choose to endorse my candidacy, I make myself available at your convenience. I can be reached at (612) 451-8990. Sincerely, / Dwight Peterson DP/ln police department JAY M.BERTHE Chief of Police PATRICK J. GEAGAN Administrative Captain city of eagan K Opera nsCaptD. in Operations Captain 3830 Pilot Knob Road Eagan, Minnesota 55122 Phone: (612) 454-3900 November 29, 1988 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CAPTAIN VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk SUBJECT: CARRIAGE HILLS GOLF COURSE, FALCON WAY PROPERTY DAMAGE COMPLAINTS As you requested, the following is meant to capsulize the events which took place relative to the Falcon Way resident's complaints about property damage done by the players on the Carriage Hills Golf Course. It is my understanding that the Mayor and other city officials have met with the residents of Falcon Way, as well as representatives of the Carriage Hills Golf Course this past summer, in an attempt to resolve the problem of property damage to the resident's home on Falcon Way by users of the Carriage Hills Golf Course. It is also my understanding that, as a result of those meetings, there was an impasse as to a solution of this problem. As a result of the impasse, the Police Department was asked to consider the possibility of criminally charging Carriage Hills Golf Course for Permitting a Public Nuisance. The Police Department received opinions from both the City Attorney, as well as the City Prosecutor, that a criminal charge of Public Nuisance would be proper. As a result of those opinions, I wrote to Bill Smith, Carriage Hills Golf Course, that the golf course would be charged with Public Nuisance, if we received any further complaints from the neighbors on Falcon Way. My letter also asked for a meeting with representatives from Carriage Hills attempting to solve the problem prior to any criminal charges. As a result of that letter, Carriage Hills agreed to meet with representatives from the City. On November 22, 1988, Tom Westbrook, Manager of Carriage Hills; Joseph Lulic, Attorney representing Carriage Hills, Kevin Eide, Tom Hedges, Kev Vraa, and I met. THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY `oCP Carriage Hills Golf Course Page 2 It seems there are currently two potential options for reducing the number of golf balls that are hitting the homes on Falcon Way. Those are; erection of a net in front of the four or five homes most often struck, and lowering the t -box on that particular hole. The other option is reversing the two holes that are closest to the homes on Falcon Way. The first option was discussed, at length, and seemed to be the most appropriate, at this time. Ken Vraa and Tom Westbrook agreed they will research the matter further to determine its feasibility and cost. As you are aware, there were some concerns by people attending this meeting that the neighborhood was not going to be happy with the erection of a large net. Again, this is an option. However, it was felt that regardless of what was decided, it would be impossible to eliminate all the balls going onto the property along Falcon Way. There was general agreement by all parties that correcting this problem would be expensive and will more than likely not totally solve the problem. It appears that everyone is going to have to compromise. Although Carriage Hills is willing to work with the City to resolve the property damage issue, they made it very clear that they would not absorb the entire cost that will be incurred. You indicated you would bring the matter to the City Council's attention and ask if the City would be willing to incur a portion of the cost. Patrick J. Geagan Captain PJG:lb DAKOTA AWARD HOLIbAY LUNCHEON DECEMBER 8, 1988 11:45 AM TO 1:30 PM SOUTHVIEW COUNTRY CLUB 239 E. MENMDOTA ROAD, WEST ST. PAUL CHRISTMAS SOUP TENDERLOIN STEAK WITH BURGUNDY MUSHROOM SAUCE BROILED TOMATO WITH WILD RICE STRAWBERRY SHORTCAKE $18.00 PREPAY $20.00 PREREGISTER, PAY AT DOOR $22.00 No RESERVATION Entertainment by Rosemount High School Chamber Singers who will soon be traveling toVienna to perform RSVP: CALL THE CHAMBER OFFICE OR RETURN THE RESERVATION FORM BELOW 452-9872 The DAKOTA AWARD will be presented to an individual who either resides in Dakota County or works in Dakota County who has made a contribution to the betterment of the quality of life in Dakota County by personal efforts not related to his/ her vocation. Once again we ask that each attendee bring an unwrapped gift to the luncheon.This year's recipients of the gifts will be Dakota's Children, Inc. (a residential facility for physically and mentally handicapped children in West St. Paul) and the B. Robert Lewis House (an emergency shelter for women and their children in times of crisis serving Dakota County). Please attach Your business card to the Rift. Following is a list of suggested gifts. Duplicates will not be a problem. The items will be used for both recreational and developmental skill development as well as just plain fun. Art Supplies Children's Books (Pre-school to teenagers) Puzzles Nerf Toys Color Books, crayons Sticker books, stickers Dolls Legos Transformers Blocks Bells Fischer Price items Musical Instruments or musical toys Lite Brite Ring Toss Hand Puppets Alf, Care Bears, Stuffed Toys Markers Simon For the older children: T -Shirts Makeup Radios & Batteries Board Games of all types ��B MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL PARKS & RECREATION ADVISORY COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: NOVEMBER 17, 1988 RE: REDUCTION IN SPORTS LIGHTING GLARE & LIGHT SPILLAGE At the recent National Conference for Parks & Recreation, I was invited to participate in a showing of a new innovation in sports lighting designed to curb and reduce the amount of glare and light spillage associated with athletic field lighting. There have been numerous attempts in the past by lighting manufacturers to reduce these problems. None have been significantly successful in reducing glare without reducing the amount of light output (in the foot candles) on the playing field and/or without reducing the efficiencies of the lighting without an increase in operational costs. So far these attempts have only been marginally successful and have done little too curb glare. The problem of sports lighting glare and light spillage in Eagan has yet to become a major issue. The department has received relatively few calls over the years complaining or objecting to the lighting of fields and hockey rinks due to the problem of glare and spillage. With construction of the athletic fields, we have taken neighborhood concerns regarding lighting into consideration, and have tried to mitigate the issues through pole location, height, aiming of lights, etc., in the original parks design. We will continue to do so with future designs. However, to many people, this may not be enough. Unfortunately, we will never be able to totally eliminate glare and light spillage; whenever you have a high intensity light source as we do with our athletic fields and skating rinks, you will always have glare. Like odor, severity is always subject to individual interpretation. Due to individual differences with the reception of light to the eye, there will always be different views as to how "good" or how "bad" the problem has been dealt with. Recently, I had an opportunity to review a new innovation developed by Musco Lighting to reduce glare, without light loss. It is the first time I have seen a positive step in the right direction. For this reason, I am taking steps to have this modification installed on six lights at Goat Hill Park skating rink for the winter season, so that you too may see the results of this technology. For comparison sake, I will not be doing all of the lights; therefore the results may be difficult to evaluate. Nevertheless, the Council and Commission will be able to see if this innovation will reduce glare and light spillage enough to make it worth the additional installation investment for these lights in future athletic fields. I will keep you informed as to when these modifications will be installed. KV/bls MINUTES OF REGULAR':MEETING OF:.'UE EAGAN CITY COUNCIL 44GAN, MINISOTA NOVEI"t'5, 1988 A regular meeting of the Eagan City Council was held on Tuesday, November 15, 1988, at 6:3Q. p,.l. at., the••Eagan Municipal Center. Present were Mayor Vic EllUOWAil:V*40,T0gmembers Wachter, Egan, Gustafson and McCrea. Also presOtterItCity Administrator Tom Hedges, City Engineer Tom Colbert, Com tttlnity Development Director Dale Runkle and City Attorney Ja es She:don. • 'AGD.. Gustafson moved, Wachter seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES November 1. 1988. Coda0amemperCo McCrea requested a correction on page 10, paragraph 5, changiiicj•••:gy get...4and. " to "land to the west." She also requested a change QZI. page•••: •6, ,paragraph 4, deleting "20% of the". Dave Gustafson reques:eki:':gicffange on page 13, first paragraph, rewording the motion to rci'•""Wachter moved, Gustafson seconded, the motion to request the County to install a temporary concrete median and request a full median extension on Cliff Road to improve the safety of the right -in and right -out turn movement from the Rahncliff 2nd Addition. All voted in favor." requested: a::atc:cam page 8, paragraph 2, from "removal of ::peat". Egan seconde:cl the:'::lotion to approve the minutes 1988, regular:meet'±ri.g as amended. All voted in Mayor Ellison "piling of peat" to Wachter moved, for the November 1, favor. STREET NAME CHANGE, HAEG COURT IN DODD FARM ADDITION City Administrator Tom Hedges inf:4rmed the Council of a request received from Mark Calvin Construction::::o change the street name Haeg Court to Calvin Court. He stated a resbY''ution would be filed with the final plat at both the Cir..:4:C0044ty levels. Wachter moved, Gustafson seconde the motion to approve the change in street name of Haeg Court tc1alvin Court. All voted in favor. Page 2/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 DAKOTA COUNTY SOIL:•aA'ND WATER CONSERVATION DISTRICT AWARD Tim Kelly presented die City of :gan with an award in recognition of their effot :: a. _pr•�.gt. ting conservation measures et4 within Dakota County. He comtii:•'';iit City Council and the City staff and also recognized Tom -Colbert and Mike Foertsch for their efforts. Dwaine Otte presented an award to the Mayor. Mayor Ellison stated it was an honor for the City and he commended the staff for their excellent work. A. Personnel Items. CONNAGENDA 1. Combination Building :Xri:s;Pectgr•,:• It was recommended to approve the hiring of Dale Schoeppri:e:r:.• as •a; .•ont•bination building inspector, contingent upon successful completion of the City's physical examination requirement. 2. Seasonal Utility Maintenance Worker. It was recommended to approve the hiring of Scott Provost as a seasonal utility maintenance worker. B. Resolution Proclaiming :N•att:dier 30 as Eagan and Burnsville Public Access Volunteer Apprci atidn : Duy. • It was recommended to..appr.':4v. 'a' resolution proclaiming November 30 as Eagan and Burnsvill'O : Wic Access Volunteer Appreciation Day. C. Project 554. Authorize Payment for Easement Acquisition (General Electric Supply Company - Storm Sewer). It was recommended to authorize payment of $500.00 for easement acquisition for Project 5.4:4'' Ce ez a1.F ,ectric Supply Company - Storm Sewer) . D. Vacate Utility and Draif:ge Eck:•gment, Receive Petition/Set Public Hearing (Lots 5 and 6. B1t ck 21::. 1ackhawk Glen 2nd Addition) . It was recommended 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. E. Contract 87-34, Final P.4ymentlA ceptance (Sperry Reservoir - Repainting). Page 3/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 It was recommended t:' approve the third and final payment for Contract 87-34 (Sperry ReSrvoir - Repainting) in the amount of $19,615.40 to Rainbow, Ind:;:, and acce::t. the project for perpetual maintenance. F. Approve Final Plat. Stoney Pointe 2nd Addition. It was recommended to approve the final plat for the Stoney Pointe 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. . G. Approve Specifications/.gtzthori:at Advertisement for Bids for Recyclable Containers. Jon Hohenstein answe:r•:ex . t tie.wn•c..1's questions regarding the matter. • • It was recommended to approve the specifications and authorize advertisement for bids for recyclable containers. Gustafson moved, Wachter seconded, the motion to approve the foregoing consent agenda ;. ;hints. and authorize their implementation. All voted in favor. DEPART.b1ENT HEAD::$:USINESS Mike Reardon reminde0 01:e•': atzncil that November 30, 1988, was Public Access Volunteer App:�eiation Day and an awards presentation would be held from 6:00 td 8:00 p. m. Chief Southorn informed the Council that Station 5 was now open. Councilmember Egan stated he was pleased to hear that Station 4 was now staffed. Mayor Ellison. gpes.txoned _the grand opening plans. Chief Southorn stated the grana.,o.pe:nj Gu3;d:': be in the near future. Councilmember Wachter obj e:ed to:':the Blackhawk stop signs. Special Council Meeting/Novtemnber .1. 1988 City Administrator Tom Hedges reported that a special meeting had been set for November 29, 1988, at 7:00 p.m. Egan moved, Wachter seconded, the motion to schedule a special council meeting on November 29, 1988 W:7:00 p.m. for further review of the Community Center plan. All vote:.in favor. COMMUI41'T�Y : EA -:.::REAR - 1989 City Administrator Tom Hedges ingrixmed the Council that 1989 was Community Clean-up Year. He questioned :if it was the concensus of the Council to defer the relocation of the City Hall and pursue County Page 4/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 funding. Councilmembers MitCrea and Wafter were in agreement to wait to contact the County. Hedges questio.Agd if he should contact various service organizations for.:'gheir Councilmembers Egan and McCrea agreed that he shoul.004#0t0ervice organizations. VACATE PUBLIC RIGHT-OF-WAY/APOLLO ROAD Public Works Director Tom Colbert updated the Council on the matter and informed them that several City utilities exist within the alignment. He stated it ;4044: be: ifiebaai4ry to retain all appropriate drainage and utility easemehtS'vAite 1.$4ating only the public right-of-way along the alignment -4. . . . Bob Worthington (Opus) sppltiO.Fted.. the vacation and stated he was available for questions. '• . . Mr. Colbert suggested requiring the appropriate combination of lots to eliminate any landlocked properties. Egan moved, Wachter seconded, the motion to close the public hearing and approve the vacation of public right-of-way for Apollo Road between Mike Collins.DAre..and Trunk Highway 149, subject to the appropriate combination of Ito. eliminate any landlocked properties. All voted in favqr. FINAL ASSESSMENT BAA$100%0ANKEE DOODLE ROAD) Public Works Directotirn Colbert summarized the history on the matter. Charles Bartholdi (on behalf of Federal Land Company) recapped past objections and stated they were withdrawing their objection to the assessment. Councilmember Egan questiorked if the O'Neil parcel would be removed. Mr. Colbert stated it 40:41d ri4 be removed. Wachter moved, McCrea second, t1 motion to close the public hearing and approve the final assessmebt roll for Project 461 (Yankee Doodle Road - 35E to Lexington Avenue) and authorize the certification to the County. All voted in favor. PRELIMINARY PLAT/SENECA pLANT ADDITION/MWCC City Administrator Tom Hedges reciapped the history on the matter and introduced Becky Comst:qc:}4...art?..a4:9pley who is an expert in the environmental law who is rgs400:4:::4*1:::**stssisting in the preparation of conditions addressing the odor issue,. Ms. Comstock issued a revised agreement to the Council. Page 5/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 • Representatives of M• etcalf and E•ddy informed the Council of their consulting qualifica:i;ions. Ms. Comstock stated sh - : ad: 4f.ed the plant, reviewed the documents, and drew up proposes •ednditions and an agreement. She recapped the changes to the Development Agreement. She stated the ultimate action on the matter would be a conditional approval, subject to a purchase agreement and entering into an approved Development Agreement. She .e.xpJ..a .ned the provisions of the proposed Development Agreement. She•••s:a:e • :th.e:':1•anguage in the agreement was disputed by MWCC and she present: cf'•co4omise language. She informed the Council she was available far questions. Consultant John Wood recapped thc••:review procedure. He was confident the agreement w04 •:x:•1 gt•t4a 0 the problems. Councilmember Gustafson requested clarification of Section 4.2. Ms. Comstock explained the options. Gustafson questioned what would happen after 1992. Ms. Comstock stated the development of an odor control process would address that issue. She stated the upgrade would coincide with the new. Seneca expansion. Mr. Gustafson stated that 17 years of a proces::h d• .ot solved the problems. He questioned the purchase of surrounding 'pt:o:pe.* Ms. Comstock stated the citizens had statutory remedy,if fh:e• property was "taken". She stated common law nuisance was also'.avaij,ahle,, Councilmember Egan sh:K:04:A4r; Gustafson's concern regarding enforcement. He would like.Ytidre control after 1992. He felt the MWCC had too much discretion. He questioned other points and stated he felt the MWCC retained discretion in Section 3.1(a). Ms. Comstock explained the process and stated that the installed equipment would be the be:p:t G4iar.:..edu•C•t•ion available. Councilmember Egan reiterat..d his.:..concern regarding control after 1992. Ms. Comstock stated;::t was,.;cifficult to set a standard for odor. The consultant explain. l the:••difficulty of odor measurement. He reported that ifthe et:tiipment was not working, the state would inspect. Mayor Ellison commented that at the last Council meeting, the Council had recognized that their leverage was the permitting process. Councilmember Egan asked why ..independent consultants wouldn't apply to the other provisions The consultant stated those areas were studied out. Mr. Egan asked -for an explanation of a scenic easement. City Attorney Jt4.:$hk.do41::ti1ed it was for a wildlife area. Councilmember Egan also had quest*gns regarding Section 3.3(c) regarding the sludge management and Section 4.4 regarding the procedural aspect. Ms. Comstock outlined the options. Egan questioned Page 6/CITY COUNCIL MEETING MINUTES November 15, 1988 • the procedure if the MWCC-did not addr•66s the committee's concerns. Ms. Comstock explained the•pptions. Councilmember Wachter 44400. that the past history created skepticism on his part. He stat.'•t'here were "no teeth" in the agreement. He felt it should state "A fine would be imposed when equipment failed". Councilmember McCrea stated that the state and the PCA monitored the equipment but questioned if the City could enforce the violations and how they . W.o.ul.4 enf'Qx.ce them. Mayor Ellison felt the City could not make M1CC::s:4b47t:j :..i a:r:te blanche to citizens' groups and felt there was an enforcement' prole ;:em. Councilmember Gustafson fel the :council should proceed in some way at the meeting. He felt. 410 ‘44 04 odor problem continued, the citizens should be able tsa:.have• t404 'roperty purchased. He questioned if the citizen *have that right. Becky Comstock stated that it would be through the PCA only and it would be inverse condemnation. Mr. Sheldon stated that neither the City nor the MWCC had authority to give money away. Jim Hiniker (MWCC) in40i: *d; .the Council that the MWCC was operating in good faith and desir:e3: t. be a good neighbor. He stated they could approve the agreet[te:nt as ainended and felt spirit and effort was important. Betty Bassett, 2101 W :h;e:ting Heights Road, asked where the park location was and had questions concerning the ponds not being covered. She was concerned regarding meaningless input and felt it was unfair making them sue MWCC. John Wesley, 1747 Bluebill, presented a zoning letter to the Council. City Attorney Jim Sheldon stated the zoning was proper and reviewed the zoning history. He ::s:tated .:i.he use was not non -conforming and that the zoning was never q4Wion:e I. by the City for 17 years. He explained it would be difficult 'tri chane now. Mayor Ellison explained that the minutes could be made available. John Wesley questioned why past odor problems had not been addressed. The consultant stating that odor control was not an add-on. Mr. Wesley stated the agreemeng:gave them no new rights and disagreed with the consultant's conc10 ons. He stated the PCA was evaluating the odors. He h. conceX.ns.zegarding Seneca's compliance. Mayor Ellison stated the P ::•:!,0$..:::;n:tter enforcement position than the City. Ted Tennis, 2135 Wuthering Height a, questioned the zoning and wanted the clarifiers covered. He had concerns regarding the safety of the gas storage and asked when the odors would cease. Mr. Sheldon Page 7/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 stated the zoning was determined I-1 s .,:.the time of the installation and that the zoning was reviewed at the permit stage for 17 years. • Terrell Fridley (Attotfisy. •..4o.r,.C•:izens Against Seneca Expansion) felt there was not enough rev�:#;�ia••:me'' concerning the agreement and stated he wanted time to respond and be involved. Mayor Ellison questioned why the ponds were not covered and when the odor control would take place. Mr. Hiniker stated it was not feasible to cover the pond0 a)1448• agar control would be staged. John Melom, 3680 Ashbury Rfl d, ac:ar'essed his concerns regarding the odors and stated he felt there were no teeth�� in the agreement. Councilmember McCrea :ha1 and questioned if it woulc#..be options. Mayor Ellison stated council. Mr. Sheldon informed answer most concerns. •o:0e:rr: fegarding the scenic easement '15ermai0nt. She questioned Eagan's legal he felt they could not bind a future the Council the final agreement would Councilmember Wachter stated he felt Eagan was taking the brunt for other communities. Copn.04member Gustafson outlined his concerns regarding fining. Council CouncilMeliitt0flqap stated he felt the MWCC was similar to a public utility w.hich•:te. •City could regulate. He felt Eagan was best suited to moni::or compJ4ance and that every effort must be made to regulate the :pro.4.00's: He felt the City had no control after 1992. He state:d:'MWCC:•'could report and be audited. Mayor Ellison remarked that the •bs1yway to control odors was to get going on the procedure. He further stated that hired experts knew more than the Councilmembers on the issue and that the City was not in the waste control business. He stated they were already forcing MWCC to spend millions on odor control and that the City could pursue their legal options. He wanted t.�i prQCe$$.moved forward. Councilmember McCrea' f e1t'•'•'s'eve'boncerns needed to be addressed and questioned if "teed:h" co:ud be put into the citizens' committee. She also questioned :f:': otheissues could be addressed. Ms. Comstock stated that the agz:ementould be modified and that the odor control program required standard::: .perating procedures. Councilmember Egan questioned if the equipment had warranties. The consultant explained the safeguards. Gustafson moved, McCrea seconded,.::the motion preliminary plat entitled "Seneca Plant:••Addition" acres for the expansion og:•••the:..Se .oa: ,.Waste Water located west of Comanche Ra•ia ,'�tt�:;::h :fQest half of east half of Section 18, subjectto the following 1. The incorporation of the agreem*nt; to approve the consisting of 87.83 Treatment Plant Section 17 and the conditions: Page 8/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 2. Eagan citizen input; 3. Execution of the D•elopment..kgreement; and 4. Final approval of th'e• . iOv:eiopment Agreement by the City Council at the December 6, 1988, City Council meeting. Ellison, McCrea and Gustafson voted in favor; Egan and Wachter voted against. The motion passed. The Council discussed' wh'i'c4:po nt:s:•:in the agreement needed revision. Councilmember McCrea stated •that legal counsel and the experts should continue to addr.E.s the -Conditions. There was much Council discussion regarding ei:4cemw3jc:. Councilmember Egan stated the Council has the accourn:irac# zl•ity : hil.it should set up the methodology. PRELIMINARY PLAT/ROSEAGAN ADDITION Community Development Director Dale Runkle detailed the history on the matter. He stated :.he APC recommended approval of the matter. The developer informed t i:e:.•:C :tin.c.i1 that the acreage would remain the same but that Lot 5 would. be' rdaii&d. He objected to the assessments and stated he fel. i~ the 4.xp pvements should be assessed when they were completed and .to.•:bggr•ethat time. Bob Hawkins, 4711 Dodd;': •reported that he was opposed to the City sewer and water. John Runkus, 4880 Dodd, informed the Council he was opposed to the sewer and water. Mayor Ellison questiO4 4t?:. the :iY:.:y as a need to levy the assessments. Public Works Director' ironi"Colbert stated it was a policy issue. He explained how the comp:'gjuide.4irected past City expenditures and explained the d:xl:emmaHe stated that acquiring assessments in the future would :b4 nea:>«o impossible. City Administrator Tom Hedges remarked that:::the issue had come up before and that experience showed that problems would arise. Councilmember Egan agreed with Mr. Hedges. Councilmember McCrea requested a description of the surrounding property. Mr. Runkle described the surunding property. Councilmember Wachter stated he felt that in the future wells may be a problem. Doug Johnson, 4775 Dodd, had concez.ns regarding sewer and water and stated that areas around the devel4pinent had five acre lots. Councilmember Egan stated that storm sewer was not being brought in at this time. Mayor Ellison advised that land values would increase Page 9/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 and that lots would probaky subdivide;' There was discussion regarding sewer and water:,,• McCrea moved, Ellison :pdnde::,.:the motion to approve the preliminary plat for the Ros'e'a:gani.:fddition, waive the assessments, and amend the Comprehensive Guide Plan, subject to the following conditions: 1. The standard conditigns of plat approval as adopted by Council action on September :15••; .x;9:$7';'• .shall be complied with: B-1, B-3, C-2, E-1, F-1 and •• 2. No expansion permitted. of the existing business of Lot 5 shall be 3. The well and septi•e••systems :shall conform to WPC40 standards. 4. Lots 1 and 4 shall be limited to one single family residence. McCrea voted in favor; Wachter, Gustafson, Ellison and Egan voted against. The motion tailed. City Administrator Tort'tgle:dg :4:: stated that the previous motion would need APC action and a pubIi'dAredring if it were passed. Councilmember Gustafson stated he was:• ncerned that should sewer and water be installed, who woul pay,;..':l?t bIic Works Director Tom Colbert stated the looping would 4c4:iar .:f:tfirther to the north and that the Council should re -zone fot:sver or collect the assessments at the present time. Mayor Ellison stated the City could eat the cost now and collect it when it is developed. Councilmember Egan stated he was opposed to the motion for several reasons and felt that flexibility would be lost, the comp guide change would be difficult and that it was bad policy. Egan moved, Wachter seconde31'''the.'motion to approve the preliminary plat and variance tp.:•:the R0;5eagan Addition, subject to the following conditions: 1. The standard conditions of platapproval as adopted by Council action on September 15, 1987, shall be complied with: A-1, B-1, B-3, C-2, E-1, F-1 and G-1. 2. No expansion of the existing business of Lot 5 shal permitted. 3. The well and sept4,.;:sy.sm4••.S•all conform to WPC40 4. Lots 1 and 4 shall "be liriiited"to one single family 5. The deferment of the street 4 *dessments until the upgraded. 1 be standards. residence. street is Page 10/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 Egan, Wachter and E114eon voted i•n .favor; McCrea and Gustafson voted against. Councilmember McCrea stat04' sb felt the impact fee was too high. There was further discussion regarding the assessment policy. COPY MACHINE/AUTHORIZE LEASE -PURCHASE (MUNICIPAL CENTER) City Administrator Toni:.0e0ge:0:••$et .f:orth the background on the matter. Egan moved, Wachter seconded, the. ,emotion to approve the recommendation of the City staf:'to acq:u•ire the Kodak 235AF copier through the three-year leaWpiUfoh:as:e:•:Qption and to direct the staff to process the necessary a•g•foementte:: 1,11 voted in favor. BANKING SERVICES AGREEMENT City Administrator Tom Hedges informed the Council that at the October 6, 1988, Council meeting staff was authorized to proceed with the request for proposals.: 0.41T•ovide banking services for a three-year period beginning *d:a111.14:'x•, 1., 1989. He stated the apparent low provider was First Bank Eagan: Wachter moved, Gustafson.seC<inded> the motion to designate First Bank Eagan for the purpose •at. a ting as official depository and providing various banking ' crevices to the City of Eagan for calendar years 1989, 1990 and 1991: All voted in favor. AMENDMENT TO CITY CODE/SWIMMING POOL FENCING City Administrator TQm..H.e.d.9e,..,e.xp1ained the request for an amendment to City Code re0ar4:p:t9:40itirig pool fencing. Councilmember McCrea agreed there was a need for the amendment. Councilmember Gustafson requested a minor chanq:e in Oat the fencing must be installed by May 15, 1989. Mayor::llisoj agreed with this suggestion. Egan moved, Wachter seconded, the:.:ttotion to approve 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 four foot high vertical or outward inclined sidewalls, with said fencing on existing swimming pools to be installed by May 15, 1989. All voted ii:•,favor. OFF-SALB• ;BBA:. LI.CEN:S:E/CUB FOODS Wachter moved, Gustafson secon• de• d,. the motion to approve the off -sale beer license for Cub Foods a :1 iff Lake Galleria. All voted in favor. Page 11/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 • CLARIFICATIONS OF::ThAILWAY/EN .ROMS DEERWOOD ADDITION City Administrator Torn.: , gO:$::: ;formed the Council the trailway had not been constructed to data 'arid that the developer was requesting consideration by the City Council to eliminate that condition of the final plat as it was concerned for the safety of the children in the neighborhood. He further stated that the Director of Parks and Recreation had aks.o addressed the trailway issue and raised some concerns regarding it,s• xiigta & : ;Q i. Bob Engstrom outlined his Ccs'ncerns•. regarding the trail and stated it would be too dangero a.. Councilmember Egan g40:4nect :';;' :the trailway would be jeopardized. Mr. Colbert tacapped•'the history. Mr. Engstrom stated the grading was poor. Mayor Ellison favored Mr. Engstrom's proposal. Buffy Mobroten (salesperson in area) stated the buyers' were opposed and outlined their problem. Steve Barthlet (Lot :17 .. a.s:..concerned with the family environment. Howard Kyllo stated that,the..oh:�::en to the west walked to school. Councilmember Wachtel•, .sta cd ':ithat if there were no trail, the children would cross the;t::�••.tpuncilmember Egan stated he felt there was a real safety i:s:s•Ue. Egan moved, Gustafson seconded, the motion to approve the removal of a trailway connection from Pilot Knob Road to Deerwood Addition as a condition of final platting. Engstrom. Gustafson, Ellison, Egan and McCrea :F ?fled :iI:::V:a .c . Wachter abstained. VARIANCE/COUNTRY HOLLOW. APDITIQN/PROGRESS LAND COMPANY Community Development Direct: or Dale Runkle presented the matter to the Council. Warren Israelson (applicant) expressed his concerns regarding the loss of the trees. Mayor Ellison questioned why the street was so far south. The applicant stated because of the ponding to the north. Mr. Colbert questioned the developer'sprogress. Wachter moved, Egan seconded, themotion to continue the ten -foot front yard setba •.:vA: an e::.for Lots 3 through 11, Block 3 and a five-foot front yard:':IdebAct•••var •ance for Lot 12, Block 3, Country Hollow Addition to the December..6, 1988, Council meeting. All voted in favor. Page 12/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 . •...•• . . • • • • %: • VARIANCE/RHp ASSOCIATES..40INT VENTURE I Community Developmentof-:04ie Runkle summarized the matter for the Council. ' Richard Natala (applicant) explained the request, the hardship and the location for the variance. City Administrator Tom:1161d4Otafed there was a procedural point. Mr. Sheldon stated-thet0.ii?as nq'provision for a variance in the sign ordinance. Mr. Wachtet state..$e felt the sign would be seen on Cliff Road. Wachter moved, Gust4g00. ...e10.1:00!..4 the motion to deny the 50 -foot variance to the pylon sigh,4tight as requested by RHC Associates Joint Venture I for Outlot E, Cliff Lake Center. All voted in favor. WAIVER OF PLAT/MERITOR CORPORATION/LEXINGTON SQUARE 4TH ADDITION/LEXINGTON SQUARE 7TH ADDITION Community Development' bix:04#0z..Dale Runkle stated that the request for the waiver of the.gat:41thild rectify an error in the plat surveys by shifting a lot liAe to thp.:06rth approximately 14 feet at the right-of-way. He stated the-4P4commended approval. The applicant was no#4teSent at the meeting. Egan moved, McCrea seconded, the motion to approve the waiver of plat for Meritor Development Company to relocate common property lines between Lot 1, Block 1, Lexington Square 7th Addition and Lots 1 and 2, Block 2, Lexington. 5v.p.te 4th. Addition, subject to the .... . . following conditions: 1. The granting of an addi4Onal *ainage and utility easement covering five feet north of the:Aew k4erty line. ..•.• 2. No sideyard setback variances :&fiall 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. . • . • ... • .. • . .•:•:•:•••••• .. .. . .. . . . . . :•.• . . • ... • . i•:::::*:. Page 13/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 WAIVER OF PLAT/NATIONAL::CQMPUTER SYSTEMS/EAGANDALE INDUSTRIAL PARK 1ST ADDITION Community Development Director Dale Runkle introduced the matter to the Council. Bob Worthington (Opus) stated he had a concern regarding proposed condition number 1. a4ing ;pze-payment of the assessments. He stated the County allowe4:t'he. oe onto Lone Oak and that Opus would dedicate easements. He pre:Sentec •diagrams of the site. He stated Opus would not protest the assessments when the improvement was made and requested deferral•••'; until ••ghat time. Councilmember Egan q:s:. tihed -t:ti:e• County's plan for Lone Oak. Mr. Colbert stated it was not in the'five-year plan. Mayor Ellison felt the Council should not play favorites. Councilmember McCrea stated that perhaps the Council should examine the policy. McCrea moved, Egan seconded, the motion to approve the waiver of plat for Opus Corporation/Na .thwest Mutual Life to split Lots 6 and 17, Block 4, Eagandale Indttz i.4.park 1st Addition, for National Computer Systems located along" th.0:'•iipr:th side of Lone Oak Road and west of Eagandale Boulevard $n the '•sout.hwest quarter of Section 3, subject to the following conditions:::•. 1. The development a004:pt: the financial obligations as identified for the benefii: '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 i:6•: rep&rrs;be••:for dedicating the appropriate public utility easement for the::oposed water main system for the National Computer Systems develQpinent.:::,.': 3. The development is responsibleor the adjustment of and damage to any existing City utility sy's'tem associated with site development. 4. All utilities necessary to provide service to this development shall be designed by a regi:stered professional engineer in accordance with City Codes and engi;,ering standards and policies and approved by staff prior to.building permit issuance. 5. A detail grading, ti:M:i•riAge•;' erosion and sediment control plan must be prepared in accordance with City standards and approved by staff prior to issuance of the buildir c permit. Page 14/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 6. If any public impr:bvements are to be installed under a City Contract, the appropriate: •:project mus:t::be approved by Council action prior to issuance of the 'b:44:jlding pe:>rm:it. 7. The development is r'e• Fg:u bie 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' noz:•t# ct4: ZOW0Alit Road. 9. No part of Parcel A may :be spl:it or transferred without the approval of the City Council. • • All voted in favor. . RE-ZONING/PRELIMINARY PLAT/THOMAS SLATER ADDITION Community Development Director Dale Runkle updated the Council on the matter and stated that the APC recommended approval. Wachter moved, Egan::se onded, the motion to approve the re -zoning of 1.58 agricultur'ei.40 to an R-1 (single family) district in the Thomas G. Slater AtMrdi'fipn. All voted in favor. Wachter moved, Gustafso:;':recgc#c}d•d, the motion to approve a preliminary plat consisti;p:g: •A"Tots located north of Rusten Road and Storland Avenue in th:e ••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: B-1, B-2, B-3, B-4, C-1, C-2, C-5, D-1, E-1, F-1, and G-1. All voted in favor. RE-ZONINGt4$HOMAAJI4K •.,CENTER ADDITION Gustafson moved, Wachter se.eonded•r. the motion to continue the take Center Addition, from single family to public facility'•,:for W.1 No. 13 to the December 6, 1988, City Council meeting. All":•ttotedn favor. CITY ATTORNEY UPDATE City Attorney Jim Sheldon updated the Council on the status of pending litigation and other legal math::ers. PROJECT 543/SKYLINE DRIVE/SIBLEY HILLS DRIVE UPGRADING (PRETTYMAN HEIGHTS) • • • • • Public Works Director Tom Colbert....briefly reviewed the assessment options to the Council. He',also outlined the formula used to determine the amount of area asses:siltent. He answered questions from the Council regarding the benefits, location, etc. Councilmember Page 15/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 Egan was concerned with the landownerifAn the interior. Councilmember Wachter felt it was a loqjigal approa0t: There was much Council discussion regarding the tigj:cy. Maypt:Ellison suggested a neighborhood meeting follot44jW:thk::.Public hearing. City Administrator Hedges suggest4d.pkOceeding by setting up a meeting with the neighbors and scheduling a public hearing for December 20, 1988. He stated the matter could be further discussed at the Special Council Meeting. He recommended delaying the sending of the notices until after the November 22,1988, meeting. Egan moved, Wachter secOn44,-the:gtotion to receive the draft feasibility report for Project 443 (Stjaey Hills Drive/Skyline Drive - Streets and Utilities) and sc4Oule,a,public hearing to be held on December 20, 1988. All voted in :Zavor4.*/ PROJECi 84:-KKIHWi.ON HEIGHTS Gustafson moved, Egan seconded, the motion to accept the streets and utilities installed within Hampton Heights under Project 85 -KK. All voted in favor. HI64M.AND ASSOCIATES Egan moved, Wachter secqdd, :the motion to cancel the contract with Hickock and Associates t perfpr*:0e water quality management plan and related engineering 1U]. voted in favor. -PARICING BAN The policy for the snow removal parking ban was discussed with the suggestion that violators would receive a warning after the first violation; a tag after the second violation and a tag and tow after the third violation. PETITION/UkINPION 6130NTE/TRAILWAY It was agreed that the concftion regarding the trailway would remain as originally approved. BERRYRIDGE ADDITION Wachter moved, Egan seconded, the motion to assume the cost of approximately $6,000.00 to extend the .!,,!.ter main in the Berryridge Addition to meet City standards. All vetted in favor. GHTS Wachter moved, Gustafson seconded.c-the motion to declare the Highview Park lights surplus property4nd negotiate a sale to the City of Rosemount. All voted in favor.:'—' Page 16/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 • • • • • • • • • • • .„ RECV4ING EMPLOYEE/INTERN •:: . • . • . McCrea moved, Egan sect:40011i the motion to authorize the employment of an intern to asit&t:in the recycling program for approximately nine months in 1989. All voted in favor. COUNSEL DISCUSSIONS Councilmember Gustaf000:#044 he felt the McCarthy article was unfair and that the City ShO4d.re4pond. Councilmember Egan reminded the Council of the noise symposium meeting. Councilmember McCrea stated she felt the meettAgs were becoming too long. .. • • • s • . H• • / BUIS Wachter moved, Egan seconded, the motion to approve the checklists dated October 31, 1988, in the amount of $2,051,098.02 and dated November 15, 1988, in the amount of $842,333.61. All voted in favor. • —waqpIRNmENT Upon motion duly made byWaCht641.seconded by Egan, the meeting was adjourned at 12:30 a.m. All voted it favor. OF EAGAN • • •