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12/20/1988 - City Council Regular (2) AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING DECEMBER 20, 1988 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. POLICE DEPARTMENT 1. SELECTION, Chief of Police )!01. k 2. AUTHORIZATION to Use Difference in Vehicle Allotment for Capital Outlay of Police Squad Cars 3. AUTHORIZATION to Purchase Used, Non-Fleet, Police Administration Vehicle, P' B. PUBLIC WORKS DEPARTMENT 2 1. PROJECTS 83-J, 85-E, 85-F, 86-Q, Declare Developer in Default (Oak Cliff 2nd & 4th Additions and Parkcliff 2nd & 3rd Additions) IV. 6:55 - CONSENT AGENDA (PINK) P•3 A. PERSONNEL ITEMS B. LICENSES, 1989 Cigarette Renewals GI (. C. LICENSES, 1989 Kennel Renewals (, D. LICENSES, 1989 Refuse Hauler Renewals ? OBE. CITY CONTRACT, Receive Bids/Award Contract, Recyclable Containers (Con't P• from 12-6-88) it) F. VACATION of a Portion of Safari Pass (Eagan Royale) _eC).G. CONTRACT 87-16, Final Payment/Acceptance (North Nicols Road) (r II1. APPROVE New Municipal State Aid Street Designations I. CONTRACT 87-39, Final Payment/Acceptance (Fire Station #4) P• e5J. CONTRACT 88-4, Final Payment/Acceptance (Pumphouse #10) 0.1(K.K. PROJECT 463, Final Payment (County Contract 32-03) Cliff Road East of T.H.3 I- 4 L. CONTRACT 87-15, Final Payment/Acceptance (Wescott Road - Utilities) p14: M. CONTRACT 87-20, Final Payment/Acceptance (Pressure Reduction Stations) 1 � �7 N. CONTRACT 87-22, Final Payment/Acceptance (Hills of Stonebridge - Trunk P Utilities) p. Il O. CONTRACT 87-23, Final Payment/Acceptance (Bridle Ridge - Trunk Utilities & r Streets) rto P. CONTRACT 87-25, Approve Change order #3 (Braddock Trail - Sidewalk/Trail) .LQ. APPROVE Question for Referendum to Finance Community Center Project pZp R. APPROVE SPECIFICATIONS/Authorize Advertisement for Bids (Miscellaneous Street Maintenance Equipment) V. 7:00 - PUBLIC HEARINGS (SALMON) p. 21 A. PROJECT 543R, Skyline Road/Sibley Hills Drive Extension (Streets and Utilities) To be Continued to January 17, 1989, Meeting ;./ B. VACATE Ponding & Utility Easement (Galaxie Cliff Plaza) Con't from 12-6-88 P VI. OLD BUSINESS (ORCHID) 6:62(k FINAL RATIFICATION, 1989 General Fund and Public Utilities Operating Budgets 40.3iB RECOMMENDATION, Metropolitan Council Representative Q C. MWCC AGREEMENT Regarding Expansion of Seneca Waste Water Treatment Plant P• (Con's from 12-6-88) VII. NEW BUSINESS (TAN) U 3A. COMPREHENSIVE GUIDE PLAN AMENDMENT, Park Center Addition/Federal Land Company, Changing the Land Designation from D-III Mixed Residential (Approximately 21.3 Acres) to C.P.D. (Commercial Planned Development) , a REZONING from AC- (Agricultural) to a Planned Development District, a PRELIMINARY PLAT Consisting of Six Lots and a CONDITIONAL USE PERMIT for Pylon Signs Located at Along the North Side of Cliff Road, West of Rahn Road in the SEA of Section 3. B. CONDITIONAL USE PERMIT, Flour Bin, Inc. , to Allow On-Sale Liquor, Wine or P- 3.2 Beer in a NB (Neighborhood Business) District Located on Lot 1, Block 1, Flour Bin International 1st Addition on Southeast Corner of Nicols Rd & Cliff Rd rgr7 C. COMPREHENSIVE GUIDE PLAN AMENDMENT, Episcopal Church Addition/Saints Martha and Mary, Changing the Land Designation from D-III Mixed Residential (Approximately 5.4 Acres) to P.F. (Public Facilities) , a REZONING from R-4 (Multiple) Within the Lexington South Planned Development to P.F. (Public Facilities) District to a Preliminary Plat Consisting of One Lot Located at Northeast Intersection of Lexington Avenue and Diffley Road in SW1 of Sec 23 r 'ol D. SIXTY-DAY EXTENSION to Record Final Plat for Bur Oak Hills 2nd Addition . IOc\ E REQUEST TO AMEND Chapter 6 of Eagan City Code Regarding Masseur and Masseuse Licenses F. AMENDMENT to Chapter 13 of Eagan City Code Regarding Model Home Permits P. t t4G. AMENDMENT to Chapter 2 of Eagan City Code Regarding Salaries of Mayor and City Councilmembers t)OH. 1989 SALARY ADJUSTMENT for City Employees r. I. COST PARTICIPATION, DNR Deer Population Survey ' VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 14, 1988 SUBJECT: AGENDA INFORMATION FOR THE DECEMBER 20, 1988 CITY COUNCIL MEETING APPROVE AGENDA ADOPT MINUTES After approval is given to the December 20, 1988 agenda and regular minutes for the December 6, 1988 City Council meeting, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. POLICE DEPARTMENT: Item 1. Selection of Chief of Police--Approximately thirty-five (35) applications were received for the position of Chief of Police to replace Jay Berthe who is retiring effectively January 20, 1989. The City Administrator screened all applicants reducing the number of semi-finalists who were interviewed on Friday, December 9. There are three finalists to be interviewed Tuesday afternoon, December 20 by the City Council. Following the interviews, the City Council will discuss the candidates and make a recommendation for consideration at the regular meeting. Assuming a decision is reached a recommendation will be presented with ratification by the City Council. Any candidate selected by the City Council will be subject to both a psychological and physical examination which is customary for the selection of sworn police personnel. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the selection of a Chief of Police subject to a physical and psychological examination to fill the vacancy created by Jay Berthe who is retiring, effective January 20, 1989. Item 2. Authorization to Purchase Police Squad Cars--The City has utilized the Hennepin County Joint Purchasing Program for the purchase of police squad cars. At the time the 1989 budget was prepared in July/August, a request was made for seven (7) squad cars proposed in the amount of $12,800 each. The bids were received by the Hennepin County Joint Purchasing Program and the low bid was Viking Southdale Ford at $13, 377 per vehicle. Ken Aszmann, Operations Captain, is recommending that the City acquire seven (7) vehicles and that the difference of $9, 338 be appropriated from other capital outlay by deleting certain items that were requested in next year's budget. If the City Council approves the acquisition of seven (7) squad cars the City Administrator's office can make those changes as a part of the final budget ratification so the 1989 budget document will properly reflect the reallocation of capital dollars. In any event the police budget would not increase or decrease by the amount recommended to date by the City Council. I Agenda Information Memo December 20, 1988 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authorization to proceed with the purchase of seven 7 squad cars from Viking Southdale Ford in the amount of) police $13, 377 per vehicle with the understanding that the 1989 budget as it relates to police capital will be reappropriated by the deletion of certain capital items to allow an adequate amount for acquisition of the squad cars. Item 3. Authorization to Purchase Used Non-Fleet, Police Administration Vehicles--Operations Captain Aszmann has also received the Hennepin County bid for 1989 administration cars for use by the Police Department. Thane-Hawkins Polar Chevrolet was awarded the contract in the amount of $10,988 per vehicle. The 1989 budget reflected the amount of $11,200 each. Captain Aszmann feels it is in the best interest of the City to purchase one vehicle through the Hennepin County Joint Purchasing Program and for the City to purchase a used car, non-fleet type, for use by Child Protection either through a dealer auction or from one of the rental agencies. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the acquisition of one police administration car from Thane-Hawkins Polar Chevrolet in the amount of $10,988 and for the City to negotiate the acquisition of an additional administrative car at either the dealer auction or a rental agency. B. PUBLIC WORKS DEPARTMENT: Item 1. Project 83-J, 85-E, 85-F and 86-Q: Declare Developer In Default (Oak Cliff 2nd and 4th Additions and Park Cliff 2nd and 3rd Additions)--Upon detailed review of the public improvements installed privately by the developer of the above-referenced subdivision, it has been determined that these improvements were not installed to City standards in accordance with the Development Contract Agreement for each of the referenced subdivisions. Past discussions with the developer in trying to get these deficiencies in accordance with City standards have not been successful. After review of the information and facts by the City Attorney's Office, it is recommended that the City Council formally declare the developer in default for the above- referenced private improvements within the appropriate subdivisions and authorize staff to pursue corrective remedial measures through enforcement of the Development Agreement using all available resources. ACTION TO BE CONSIDERED ON THIS ITEM: To declare the developer in default for Projects 83-J (Park Cliff 2nd Addition) , 85-E (Oak Cliff 2nd Addition) , 85-F (Park Cliff 3rd Addition) and 86-Q (Oak Cliff 4th Addition) and authorize the City Attorney's Office to pursue remedial corrective action as may be appropriate. Agenda Information Memo December 20, 1988 City Council Meeting CONSENT AGENDA There are eighteen (18) 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. Additional Skating Rink Staff -- Additional interviews have been held by Recreation Supervisor Peterson for positions as skating rink staff during this winter season. It is her recommendation that the following persons be added to the list of personnel which was approved at the last regular City Council meeting: Bonnie Blood, Christopher Mesko, Jason Onstad and Lisa Register. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Bonnie Blood, Christopher Mesko, Jason Onstad and Lisa Register as seasonal skating rink staff members for this winter season. Item 2. City Planner -- Over thirty-five applications were received for this position. After screening, nine candidates were invited to the Eagan Municipal Center for an initial interview. The interview panel consisted of Director of Community Development Runkle; Prior Lake's Director of Planning, Horst Grasser; and Administrative Assistant Duffy. Three finalists were selected and were to be interviewed by City Administrator Hedges and Community Development Director Runkle on Friday afternoon, December 16. The City Council prefers to actually meet the final recommended candidate for positions such as this before final hiring approval is given. Therefore, if there is time prior to the meeting or at the beginning of the meeting on Tuesday for the Council to meet the one final candidate, it could be possible to approve that candidate's hiring that night. However, because of the agenda, it may be necessary to postpone this item until the next regular City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To either approve the hiring of a candidate yet to be named for the position of City Planner, subject to successful completion of the City's physical examination requirement, or to continue this item until the January 3, 1989 meeting. • Agenda Information Memo December 20, 1988 City Council Meeting CIGARETTE LICENSE RENEWALS B. 1989 Cigarette License Renewals—According to City Code regulations, each year the City Council required to renew all cigarette licenses. Attached on page 5 is a copy of the 1989 cigarette license renewals. ACTION TO BE CONSIDERED ON THIS ITEM: To approve all cigarette license renewals for 1989 as presented. 1989 CIGARETTE LICENSE RENEWALS # OF LIC. # LOCATION VENDOR MACHINES Airliner Motel Airliner Motel 1 Al Baker ' s Theisen Vending 1 American Fruit & Produce MN Vikings Food Service 1 Brooks Superette J. Brooks Hauser 1 Brown Tank North Country Vending 1 Cedar Cliff Amoco Robert Schlangen 1 Cedarvale Lanes DVM, Inc. 2 Check Technology MN Viking Food Service 1 Coca-Cola MN Viking Food Service 3 Country Club Market Country Club Market 1 Cub Foods Super Valu Stores, Inc . 1 Diamond T Ranch Jerry Thomas 1 Drugs Plus Linda Skarvedt 1 Durnings Dorola Inc. DBA 1 Eagan Service Center Mike Koehnen 1 Eagan Sinclair #22028 Sinclair Marketing 1 Eagan Standard So. France Ltd. Inc. 1 Eagandale Club Theisen Vending 1 Finaserve, Inc . Finaserve, Inc. 1 Holiday Station Store #234 Holiday Station Stores , Inc. 1 LaFonda ' s Holly Inns, Inc. 2 Lost Spur Country Club Harold F. Awe Co. , Inc . 2 Marriott Corp. Twin City Vending Co. 1 Nediterranean Cruise Hussein Ansari 1 Mister Donut Mister Donut 1 NWA MN Viking Food Service 1 PDQ PDQ 2 Parkview Golf Club Don Larsen 1 Perkins Perkins 1 Q Petroleum Q Petroleum 2 Rainbow Foods Applebaum Food Markets 1 Richard' s Food & Liquor Dick Stariha 1 Rosemount , Inc. Canteen Interstate 1 Snyder Drug Store #32 & #61 Snyder Drug Store 2 Starks Saloon Gary Stark 2 Superamerica #4049, 4182, 4335 Superamerica 3 3M ARA Services 1 Tom Thumb #164 , 166, 259, 273 Tom Thumb 4 Union 76 Crown Co-Co Inc. 1 Valley Lounge DVM, Inc. 2 Walgreens Walgreens 1 Yankee Drug & Gifts Richard Matuseski 1 Yankee Square Amoco W. J. Rabuse 1 15 Agenda Information Memo December 20, 1988 City Council Meeting KENNEL LICENSE RENEWALS C. 1989 Kennel License Renewals--There are three (3) kennel licenses that are issued to residents within the community. Those persons are 1) Kathleen Gilbertson at 3932 Turquoise Circle and 3995 Dodd Road, 2) Janice MacKimm at 1690 Diffley Road and 3) Donald Sandberg at 1560 Yankee Doodle Road. All three kennel licenses are in order for renewal according to City Code regulations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the three (3) kennel license renewals for 1989 as presented. REFUSE HAULERS LICENSE RENEWALS D. 1989 Refuse Haulers License Renewals--Refuse haulers are required to conform to the new City Code amendment pertaining to the new curbside recycling regulations. There are sixteen (16) refuse haulers who are requesting a license renewal to operate within during 1989. A requirement of the City of each hauler is to make curbside recycling available to residential accounts by approximately March 13, 1989. For a copy of those haulers requesting license renewal and a summary of license requirements, refer to pages '7 through r . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1989 refuse haulers license renewal list as presented. December 13, 1988 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: REFUSE HAULER LICENSES Attached is the list of current licensed refuse haulers in Eagan. With the advent of recycling, the procedure for license renewal will change dramatically. Summarizing the recently approved code amendments there will be three license cate- gories: Commercial/Multiple, Residential Dwelling and Residential Recycling. Residential Dwelling licensees shall make curbside recycling available to residential accounts by March 13, 1989. License requirements include: 1 . Haulers serving single family homes, duplexes and four plexes may operate in hauling districts on assigned days only, unless it is an observed holiday. 2. Haulers who collect either residential or multiple/ commercial waste will pay a license fee of $40 for the first truck and $20 for each additional truck. Haulers who collect both residential and multiple/commercial refuse will pay $60 for the first truck and $30 for each additional truck. 3. Haulers must offer volume-based fees to reward those who recycle with lower disposal cost. 4. Haulers must provide a certificate of liability insurance on all vehicles operating in the City as well as a schedule of rates for the license period. Residential dwelling rates shall include at least two levels of service and be based on volume. There are weight and hours of operation res- trictions. 5. Haulers must report the quantity of recylables and yard waste in tonnage figures to enable the City to calculate reduction in landfill volumes. If accurate volumes are not provided per time schedule the hauler's license may be revoked. New application forms are being prepared to reflect the code requirements. The usual procedure for license renewals has been - - The list of potential haulers (last year's licen- sees) is given Council approval and the application process begins. Renewal forms and a cover letter are sent to the haulers. Upon meeting all requirements, the hauler receives a license for the calendar year. [ The same process applies to applicants for cigarette, kennel, liquor/wine/beer, amusement devices, service stations and trailer licenses. ] 1 1989 REFUSE HAULERS 1 . Action Disposal Inver Grove Heights 2. Bloomington Sanitation Eden Prairie, MN 3. City Clean-up Eagan 4. Dana' s Eco Service Burnsville 5. Dick' s Sanitation Service Lakeville 6. Eagan Sanitation Mendota Heights 7. Expert Disposal , Inc. Eagan 8. Knutson Rubbish Service Rosemount 9. Mendota Heights Rubbish Farmington 10. Metro Refuse Savage 11. Poor Richard' s, Inc. St. Paul 12. Quality Waste Control Burnsville 13. Triangle Services Mendota Heights 14. Valley Sanitation Apple Valley 15. Waste Management, Inc. Savage 16. Wildwood Sanitation Newport S Agenda Information Memo December 20, 1988 City Council Meeting RECYCLABLE CONTAINERS E. City Contract to Receive Bids/Award Contract for Recyclable Containers--At the December 6, 1988 City Council meeting, bids were reviewed and considered for the purpose of acquiring two- piece stackable recycling containers that will be used by each household to recycle glass, cans and newspaper. The apparent low bidder provided a product that had numerous holes for drainage, air movement and other purposes and, in any event, was not solid sided. There were questions raised about the fact that glass bottles could be broken when placed or kept in the container creating an unsafe environment within garage, driveway or curbside if a jar were broken. After a brief City Council discussion on the bids, it was determined that the specifications should be changed to reflect the solid sided containers. The revised specifications call for two (2) alternates. Alternate number 1 is a two (2) piece stackable recycling container with both containers solid sided. Alternate number 2 is the two (2) piece stackable recycling container unit with the glass container solid sided. The other stackable container under alternate 2 could be the grid or contain holes within the unit. All other specifications have essentially remained the same as originally bid. Bid proposal forms were sent to ten (10) potential suppliers. The warranty or what is entitled workmanship and materials has been extended to a period of five years meaning that the product must be guaranteed by the supplier for defective material or workmanship for a period of five years from the date of final acceptance by the City, in addition to the standard factory guarantee. The bid opening date is scheduled for Monday, December 19, at 10: 00 a.m. and, therefore, a copy of the bids received will be provided as an attachment to the Administrative Agenda. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the successful bid for the two-piece stackable recycling containers to be used by households for curbside recycling. 1 Agenda Information Memo December 20, 1988 City Council Meeting VACATION/SAFARI PASS F. Vacation of a Portion of Safari Pass (Eagan Royale)--On April 5, 1988, the City Council held a public hearing to consider the vacation of a portion of public right- f-way for Safari Pass as shown by the sketch enclosed on page \� Upon the processing of this vacation at Dakota County to allow it to be reverted to the adjacent underlying property owner, it was discovered that this property was purchased in fee title by the Minnesota Department of Transportation as a part of the Cedar Avenue/35-E construction process. Therefore, this excess right-of-way cannot be "vacated" to the underlying property owner as that property owner is MnDOT. Therefore, in order to comply with the intent of the vacation process, it will be necessary for the City to "quit- claim" this excess right-of-way through the title process to the adjacent property owner, Meritor Development Corporation. This results in a technical disposal of surplus City property rather than a vacation of excess right-of-way. However, it is not recommended that any value be placed on this property as it was obtained by the City at no cost. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the transfer of title through a quit-claim process for the excess public right-of-way of Safari Pass and authorize the Mayor and City clerk to execute all related documents. .-...------ • • • • I „, ••• c z , : Iv■ tti.t. ■1 r!, I ial• ...--- a I 2,• f,•1 8 • •3 z• I 1 ! I 11 a t I t t • t t. 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'i, r .°' • : -• ": . •: •(.:r• , 1: .1..- ,,, „ .% 1,,) I .id ' > ‘.2.••': . ; - •,• 1;:t .,:...!• '• • . .... „•• st• ••• . .....•.4..,... . • • • . ,.••• 1.5 . ....-.••-••••......•••• ....■• .1,......,........11.-S!:• -.... OM p••••'t.• ••••--• SAFARI PASS to ,4•-•••a, ...), ••'• _-.- ‘. ,,•••::!, .,-, # •a,_ •• 1:'•. s -.7 ...s. .47 \\ 111111 AREA TO BE QUIT CLAIMED Agenda Information Memo December 20 , 1988 City Council Meeting FINAL PYMT/ACCEPTANCE (N NICOLS RD) G. Contract 87-16, Final Payment/Acceptance (North Nicols Road)--The staff has received a request for final payment from the contractor along with a certification from engineering personnel that the improvements installed under the above- referenced contract were in full 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 7th and final payment for Contract 87-16 (North Nicols Road) to Valley Paving, Inc . , and authorize the acceptance of the improvement for perpetual maintenance. APPROVE NEW MUNICIPAL STATE AID STREET DESIGNATIONS H. Approve New Municipal State Aid Street Designations--With the continued growth of the City, additional mileage continues to be added every year. According to state statutes, the City is authorized to designate up to 20% of its local street mileage as a Municipal State Aid Street. Enclosed on pages /3 t/y is a resolution that has been prepared for approval by formal Council action. By designating these segments of local City streets as a Municipal State Aid Street, this will allow the City to apply for additional funds through the distribution of the local community share of the state gasoline tax. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution designating additional Municipal State Aid Street routes and authorize the Mayor and City Clerk to execute all related documents. CITY OF EAGAN RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Eagan that the streets hereinafter described should be designated Municipal State Aid Streets under the provisions of Minnesota Laws of 1967, Chapter 162 : NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan that the roads described as follows, to-wit : Hampton Drive - from County Road 28 MSA 112 - (Yankee Doodle Road) to C.S.A.H. #26 (Lone Oak Road) , 1.08 miles. Elrene Road - from County Road 28 MSA 112 - (Yankee Doodle Road) to MSA 106 (Wescott Road) , 1.06 miles. Thomas Lake Road - from C.S.A.H. #30 (Diffley Road) to MSA 106 - (Johnny Cake Ridge Road Extension) , 0.25 miles. Lexington Avenue - from County Road 28 MSA 112 - (Yankee Doodle Road) to C.S.A.H. 26 (Lone Oak Road) , 1.00 miles. Yankee Doodle Road - from County Road 43 MSA 111 - (Lexington Avenue) to T.H. 149, 1 .49 miles. Neil Armstrong Boulevard - from County Road 28 MSA 112 - (Yankee Doodle Road) to C.S.A.H. #26 (Lone Oak Road) , 1 .03 miles. Cedarvale Boulevard - from MSA 104 - (Beau-de-rue Drive) to MSA 108 - (Silver Bell Road) , 0.7 miles. Dodd Road and Farm Road - from C.S.A.H. 32 (Cliff Road) to T.H. 3, 0.89 miles. be, and hereby is established, located, and designated Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward one certified copy of this resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said roads or portions thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Eagan, to be numbered and known as Municipal State Aid Street 126 (Hampton Drive) , 123 (Elrene Road) , 125 (Thomas Lake Road) , 111 (Lexington Avenue) , 112 (Yankee Doodle Road) , 127 (Neil Armstrong) , 122 (Cedarvale Boulevard) , 115 (Dodd Road) , and Farm Road. CITY OF EAGAN CITY COUNCIL By: Attest : CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 198 . E. J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo December 20, 1988 City Council Meeting FINAL PYMT/ACCEPTANCE (FIRE STATION NO 4) I. Contract 87-39, Final Payment/Acceptance (Fire Station No. 4)--The staff has received a request for final payment along with a certification from the architect of compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works, Building Inspections and Fire Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 4th and final payment for Contract 87-39 (Fire Staton No. 4) to Del ' s Construction, Inc. , and authorize the acceptance for perpetual maintenance. FINAL PYMT/ACCEPTANCE (PUMP HOUSE NO 10) J. Contract 88-4, Final Payment/Acceptance (Pumphouse No. 10)-- Staff has received a request for final payment along with a certification from the consulting engineer of compliance with City approved plans and specifications for the construction of Wellhouse No. 10 and the related internal pumping facilities. 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 6th and final payment for Contract 88-4 (Pumphouse No. 10) to A & K Construction, Inc. , and authorize the acceptance for perpetual maintenance. FINAL PYMT/ACCEPTANCE (COUNTY CONTRACT 32-03) K. Project 463, Final Payment (County Contract 32-03) , Cliff Road East of T.H. 3--During 1987, the Dakota County Highway Department upgraded and improved County Road 32 (Cliff Road) from T.H. 3 in Eagan to Hidden Valley Boulevard in Inver Grove Heights. The City of Eagan' s proportionate responsibility of this project (2.83%) has been satisfactorily complied with in accordance with the Cost Participation Agreement entered into by the City and County. The staff has received a request for final payment of Eagan' s proportionate share. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final payment to Dakota County for Project 463 (County Contract 32-03) for the improvement of Cliff Road east of T.H. 3. FINAL PYMT/ACCEPTANCE (WESCOTT RD) L. Contract 87-15, Final Payment/Acceptance (Wescott Road - Utilities & Street Improvements)--Staff has received a request for final payment along with a certification of compliance to City approved plans and specifications for the installation of utilities within the eastern portion of Wescott Road. All final 1 S Agenda Information Memo December 20 , 1988 City Council Meeting 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 6th and final payment for Contract 87-15 (Wescott Road - Streets & Utilities) to Opus Corporation, Inc . , and accept the improvements for perpetual maintenance. UL Agenda Information Memo December 20, 1988 City Council Meeting FINAL PAYMENT/ACCEPTANCE/PRESSURE REDUCING STATIONS M. Contract 87-20, Final Payment/Acceptance (Pressure Reducing Stations) --The staff has received a request for final payment along with the certification of compliance to City approved plans and specifications for the installation of a pressure reducing station on Wilderness Run Road, west of Dodd Road and on Ches Mar Drive within the Wilderness Pond 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 approve the 3rd and final payment for Contract 87-20 (Pressure Reducing Stations) to M. & M. Sewer and Water Inc . and accept the improvements for perpetual City maintenance. FINAL PAYMENT/ACCEPTANCE/HILLS OF STONEBRIDGE/TRUNK UTILITIES N. Contract 87-22, Final Payment/Acceptance (Hills of Stonebridge - Trunk Utilities) --The staff has received a request for final payment along with the certification of compliance to City approved plans and specifications for the installation of the trunk utility improvements within the Hills of Stonebridge Addition as a part of the overall Eagan Hills Farm development. 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 6th and final payment for Contract 87-22 (Hills of Stonebridge-Trunk Utilities) and accept the improvements for perpetual City maintenance. FINAL PAYMENT/ACCEPTANCE/BRIDLE RIDGE-TRUNK UTILITIES & STREETS O. Contract 87-23, Final Payment/Acceptance (Bridle Ridge-Trunk Utilities & Streets) --The staff has received a request for final payment along with the certification of compliance to City approved plans and specifications for the installation of the trunk utilities and street improvements within the Bridle Ridge Addition as a part of the Eagan Hills Farm development. 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 10th and final payment for Contract 87-23 (Bridle Ridge-Trunk Utility & Streets) to Nodland Construction Company, Inc. and accept the improvements for perpetual maintenance. l'� Agenda Information Memo December 20 , 1988 City Council Meeting APPROVE CHANGE ORDER #3 (BRADDOCK TRAIL-SIDEWALK/TRAIL) P. Contract 87-25, Approve Change Order #3 (Braddock Trail- Sidewalk/Trail)--Although the installation of the trailway along the west side of Braddock Trail adjacent to the middle/high school site was to be constructed under Contract 87-25, it was with the understanding that the high school would have completed the grading of the boulevard area necessary to accommodate this trailway construction. Due to the cost overruns associated with the first bid opening of the high school complex, the grading of this boulevard was not able to be completed within the timeframe required by the City 's contract. Rather than incur a delay under the City ' s contract, the school district authorized the City to include the grading necessary for the construction of the trailway as a Change Order under this contract. All costs associated with this additional grading will be the full responsibility of the school district. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to Contract 87-25 (Braddock Trail-Trailway) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo December 20, 1988, City Council Meeting APPROVE REFERENDUM QUESTION TO FINANCE COMMUNITY CENTER PROJECT Q. Approve Question for Referendum to Finance Community Center Project--At the December 6, 1988, City Council meeting, action was taken to set the Community Center referendum for February 14, 1989, in the amount of $7.7 million. The Director of Finance and City Attorney have prepared the question as follows: "Shall the City Council of the City of Eagan be authorized to issue its general obligation bonds in an amount not to exceed $7,700,000 for the purpose of constructing, furnishing and equipping a community center including a swimming pool, an ice arena, a gymnasium and community meeting and activity rooms. " The Director of Parks and Recreation and City Administrator have also received the question as written and suggested no changes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve as written or modify and approve the question for the February 14, 1989, Community Center referendum. Agenda Information Memo December 20 , 1988 City Council Meeting APPROVE SPECS/AUTHORIZE BIDS/STREET MAINTENANCE EQPT R. Approve Specifications/Authorize Advertisement For Bids (Miscellaneous Street Maintenance Equipment)--As a part of the approved 1989 Budget, the Public Works Superintendent of Streets & Equipment has prepared detailed specifications for the manufacturing and delivery of a street sweeper and a tandem dump truck with snow plow attachments. Because of the long delivery time associated with these specialized pieces of equipment, it is beneficial to initiate the advertisement process as soon as possible. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the specifications for miscellaneous street maintenance equipment and authorize the advertisement for a bid opening to be held on January 10, 1989, at 1 :00 p.m. , for the tandem axle dump truck with snow plow equipment, and January 10, 1989, 2 :00 p.m. , for the street sweeper. co mku city of aagan. 3830 PILOT KNOB ROAD PO BOX 21199 VIC ELLISON EAGAN,MINNESOTA 55121 Mayor PHONE (612)454-8100 THOMAS EGAN DAVID K.GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members December 2, 1988 THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk Re: Project 543R, Sibley Hills Drive/Skyline Drive (Streets & Utilities) CHANGE IN NEIGHBORHOOD MEETING/PUBLIC HEARING DATE Dear Property Owners: Recently, a letter was forwarded to your attention informing you of a neighborhood meeting to be held on December 7 . Unfortunately, due to the complexities associated with this project, this neighborhood informational meeting and subsequent public hearing will have to be postponed until January 4 and January 17, respectively, to allow greater accuracy and details in presenting the information for your consideration. Therefore, please be informed that the informational neighborhood meeting has been rescheduled to 7:00 p.m. , Wednesday, January 4, 1989, with the formal public hearing scheduled for 7:00 p.m. , Tuesday, January 17, 1989, at Eagan City Hall. Formal notices for the public hearing will be mailed to you during the first part of January. We apologize for any inconvenience and confusion associated with this delay. City of Eagan - Engineering Division Public Works Department cc: Mayor & City Councilmembers Thomas L. Hedges, City Administrator Pete Willenbring, Consulting Engineer THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information Memo December 20 , 1988 City Council Meeting PUBLIC HEARINGS SKYLINE ROAD/SIBLEY HILLS DRIVE EXTENSION(STREETS & UTILITIES) A. Project 543R, Skyline Road/Sibley Hills Drive Extension (Streets & Utilities) --To be continued to January 17, 1989. On November 15th, the Council received the feasibility report for the expanded project incorporating the streets and utility improvements within Skyline Road and the extension of Sibley Hills Drive and scheduled a public hearing to be held on December 20th. However, due to additional complexities associated with this project, additional investigations were required which resulted in the delay of completing the feasibility report in a time frame necessary to review with the affected property owners at a neighborhood meeting prior to this public hearing. Enclosed on page is the letter that was sent to all potentially affected property owners informing them of the need to continue the public hearing until January 17th. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the public hearing for Project 543R (Skyline Road/Sibley Hills Drive Extension-Streets & Utilities) to January 17, 1989. Agenda Information Memo December 20 , 1988 City Council Meeting VACATE PONDING & UTILITY EASEMENT/GALAXIE CLIFF PLAZA B. Vacate Ponding & Utility Easement (Galaxie Cliff Plaza) Continued from 12-6-88-- In response to a petition submitted by the developer of the proposed Galaxie Cliff Plaza development, the Council scheduled a public hearing for December 6th to consider the vacation of the ponding and utility easement within the center of this plat. It was anticipated that the final plat reconveying the necessary ponding easements conforming to the proposed new development site plan would have been accomplished by that meeting. Due to the inability to process the final plat, this vacation was continued until the December 20th meeting. Recent information received from the developer indicates that a specific date for final plat approval cannot be established. Therefore, due to the uncertainty of the final plat approval of this proposed subdivision, the staff is recommending that this petition vacation be denied and that it be reconsidered at such time as the final plat is proposed to be processed. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and deny the vacation of the ponding and utility easements within the proposed Galaxie Cliff Plaza Addition with reconsideration to be discussed coincidental with final plat approval. a3 Agenda Information Memo December 20, 1988 City Council Meeting OLD BUSINESS FINAL RATIFICATION/1989 BUDGET A. Final Ratification for 1989 General Fund and Public Utilities Operating Budget--At the November 22, 1988 special City Council meeting the public enterprise budget which includes water, sewer and streetlighting utilities was examined and recommended for adoption. That budget is $3,927,540. The City Council also held several budget workshop sessions in August/September, a public hearing on September 20 to consider the general fund operating budget. At the October City Council meeting the mill rate/levy certification was approved. The general fund budget is $10,495,780. The budget is in order for final ratification. Please refer to summary sheets that describe general fund revenues and expenditures and the public enterprise revenues and expenditures as presented on pages a5 through 30 Once final action is taken, the budget documents will be printed and distributed for use in early January, 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the 1989 general fund and public utility operating budgets as presented. $ II II II I[t N o H P § rt. g 2 2 § § § a II II 1 9 1 li N 1'- 11 1 1811 m 8 (per m_ ��(p1 1 111 U1 q § N Ili A § g N 1 b q ° II ch p.I V ° `� o ti `` i II J II II II p g g ° II 8 II II u ii g - : I (5 ; P s II I"' rf.' II g § § § E It § S e- III I1 t---- g 9l V- § § 1 1I "' '- so 1 ll 1 /Eli N 1 i I i i ; 1 1 1 0 aS .i � • „ V. �, �, m g Ul .EINR.ggU k K K; .7 r N r r it ✓ n fl 11 , :=SKPW § 5� o l6 le 6 {I V M i l N n i N N M II b 1 4 DiMfif IL@ E IV A N O N 4 § �Np �p - a.- - gq !' II EP il N .O N II a . 110 1 li m 411 is Ug iN MIMI lid M 1 1 I iii setss6.12 MRig RAC 0 oR CP PUBLIC UTILITIES - COMPARATIVE SUMMARY OF REVENUES ACTUAL ACTUAL ACTUAL BUDGET BUDGET 1985 1986 1987 1988 1989 OPERATING REVENUES: 61 WATER Service Charges $1,259,675 $1,378,920 $1,767,715 $1,790,000 $1,900,000 Connection Permits $11,525 $12,710 $9,580 $14,400 $14,300 Penalties $13,166 $15,500 $17,698 $17,900 $24,000 Sale of Materials and Meter Charges $100,335 $112,134 $97,388 $148,000 $165,000 Other $8,491 $14,942 $18,053 $12,700 $14,200 TOTAL $1,393,192 $1,534,206 $1,910,434 $1,983,000 $2,117,500 62 SEWER Service Charges $1,447,547 $1,631,205 $1,980,176 $2,030,000 $2,050,000 Connection Permits $11,630 $12,750 $9,682 $14,400 $14,300 Penalties $19,749 $21,656 $26,240 $20,300 $24,000 Other $2,185 $3,424 $3,871 $1,900 $400 TOTAL $1,481,111 $1,669,035 $2,019,969 $2,066,600 $2,088,700 63 STREETLIGHTING Service Charges $28,583 $42,162 $54,673 $56,600 $63,220 TOTAL $28,583 $42,162 $54,673 $56,600 $63,220 TOTAL OPERATING REVENUES $2,902,886 $3,245,403 $3,985,076 $4,106,200 $4,269,420 37 COMPARATIVE SUMMARY OF REVENUES (CONTINUED) ACTUAL ACTUAL BUDGET BUDGET 1986 1987 1988 1989 NON-OPERATING REVENUES: Special Assessments Interest $6,704 $11,306 $12,900 $12,900 Interest on Investments $651,612 $733,417 $600,000 $680,000 Interest on Current Value & Debt Service Credit $30,660 $28,321 $28,000 $26,000 Connection Charges $1,214,395 $660,613 $540,750 $550,000 Connection Charge Water Treatment Plant $381,325 $285,420 $198,000 $250,000 TOTAL NON-OPERATING REVENUES $2,284,696 $1,719,077 $1,379,650 $1,518,900 GRAND TOTAL REVENUES $5,530,099 $5,704,153 $5,485,850 $5,788,320 DEDICATED REVENUES - NOT AVAILABLE FOR OPERATIONS Supply & Storage Connection Charges $1,039,823 $660,613 $540,750 $550,000 Water Treatment Plant Debt Service Surcharge $356,324 $403,432 $325,000 $400,000 Connection Charges $381,325 $285,420 $198,000 $250,000 Water System Renewal and Replacement $134,929 $141,239 $130,000 $160,000 Sewer System Renewal & Replacement $93,264 $101,980 $95,000 $115,000 Interest Earnings: Water Treatment Plant D.S. $236,800 $235,360 $200,000 $300,000 Water System Renewal and Replacement $65,558 $71,910 $70,000 $95,000 Sewer System Renewal and Replacement $75,344 $79,525 $75,000 $105,000 Supply & Storage $100,470 $153,089 -0- $150,000 Municipal Garage Expansion $100,000 $79,400 $79,400 $79,400 $2,741,285 $2,211,968 $1,713,150 $2,204,400 PUBLIC UTILITIES - COMPARATIVE SUMMARY OF EXPENSES ACTUAL ACTUAL BUDGET BUDGET 1986 1987 1988 1989 61 WATER: Personal Services $218,405 $223,699 $307,200 $362,470 Parts & Supplies $64,775 $68,611 $80,580 $117,720 Services & Other Charges $1,074,034 $1,097,063 $1,077,820 $1,141,320 Total Excluding Depreciation Expense $1,357,214 $1,389,373 $1,465,600 $1,621,510 Depreciation Expense $469,015 $492,391 $500,000 $550,000 Total Including Depreciation Expense $1,826,229 $1,881,764 $1,965,600 $2,171,510 62 SEWER: Personal Services $55,598 $73,490 $115,040 $133,460 Parts & Supplies $15,474 $19,024 $15,940 $22,550 Services and Other Charges $187,353 $138,262 $159,970 $184,800 Metropolitan Waste Control Comm.Charges $1,157,446 $1,461,743 $1,338,430 $1,902,000 Total Excluding Depreciation Expense $1,415,871 $1,692,519 $1,629,380 $2,242,810 Depreciation Expense $268,869 $285,739 $350,000 $350,000 Total Including Depreciation Expense $1,684,740 $1,978,258 $1,979,380 $2,592,810 C; 9 COMPARATIVE SUMMARY OF EXPENSES (CONTINUED) ACTUAL ACTUAL BUDGET BUDGET 1986 1987 1988 1989 63 STREETLIGHTING: Services and Other $38,586 $47,873 $56,600 $63,220 Charges Total Excluding Depreciation Expense $38,586 $47,873 $56,600 $63,220 Depreciation Expense $0 $0 $0 $0 Total Including Depreciation Expense $38,586 $47,873 $56,600 $63,220 Fund Total Operating Expenses Excluding Depreciation Expense $2,819,585 $3,129,765 $3,151,580 $3,927,540 Fund Total Depreciation Expense $737,884 $778,130 $850,000 $900,000 Fund Total Operating Expenses Including Depreciation Expense $3,549,555 $3,907,895 $4,001,580 $4,827,540 NON-OPERATING EXPENSES: Interest Expense on MWCC $7,913 $5,112 $2,100 $0 Fund Total Operating and Non-Operating Expenses Including Depreciation $3,557,468 $3,913,007 $4,003,680 $4,827,540 ?51:) Agenda Information Memo December 20, 1988 City Council Meeting METROPOLITAN COUNCIL REPRESENTATIVE B. Recommendation for a Metropolitan Council Representative--At the December 6, 1988 City Council meeting, an appointment to the Metropolitan Council from District 15 to replace Mary Martin who is not filing for reappointment was discussed. It was decided that a recommendation/support for a candidate would be continued until the December 20 meeting, allowing the Dakota County mayor/ manager group to interview final candidates and make their recommendation as of December 16. The City Administrator will report on the recommendation of the mayor/manager group as a part of the Administrative Packet on Monday. Deborah Tompkins is very much interested in the position and, again, a copy of a letter she addressed to Mayor Ellison with an attached resume is enclosed on pages .311.. through 23:3 As a part of the last City Council packet were copies of resumes or letters from interested candidates pursuing the district 15 appointment. In addition to Deborah Tompkins and the other candidates, Mr. Arnold Kempe, a resident of West St. Paul is asking for consideration for the appointipent. A copy of his letter and resume is enclosed on pages 3 through 37 ACTION TO BE CONSIDERED ON THIS ITEM: To adopt the slate of candidates as recommended by the mayor/managers group or endorse a specific candidate for appointment to district 15 of the Metropolitan Council to replace Mary Martin who is not seeking reappointment. 31 December 9, 1988 Mayor Vic Ellison Eagan Municipal Building 3830 Pilot Knob Road Eagan, MN 55122 Dear Vic: With the enthusiastic support of Vic Ellison, Mayor of Eagan, and Tom Hedges, City Administrator, I am asking you to consider me for the opportunity of serving your city as the representative on the Metropolitan Council from District 15 . I have lived in northern Dakota County for 17 years and currently reside with my family in Eagan. I am a local business owner and a member of the Northern Dakota County Chamber of Commerce where I serve on the Government Affairs Committee. This fall I was a candidate for Dakota County Commissioner from the Third District and received 49. 8% of the votes. I was endorsed by the Dakota County Police and Peace Officers Association and the St. Paul Pioneer Press Dispatch. For the last 13 years, I have been very active in community ser- vice. I have served on various boards and committees including the Community Action Council, Inc. , the Association for Retarded Citizens, the Indianhead Council of Boy Scouts and the St. Paul United Way. • My extensive experience in business and community service has given me a comprehensive understanding of the needs of northern Dakota County. I can also assure you that I am committed to spending the necessary time and energy to do the job well. Therefore, I would appreciate your consideration and look forward to meeting with you in the near future. Sincerely, Deborah Tompkins cc: Tom Hedges Enclosure: Resume 3 '.2-- 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. 33 ARNOLD E. KEMPE ATTORNEY AT LAW 1 SIGNAL HILLS WEST ST PAUL,MINNESOTA 56113 612/457-5583 December 5, 1988 Mr . Kevin D. Frazell Mendota Heights City Administrator 1101 Victoria Curve Mendota Heights , MN 55118 RE: Metropolitan Council — District 15 Representative Dear Mr . Frazell : I enclose copy of my resume for consideration by Northern Dakota County City Administrators , concerning the above position . Respectfullly yours, Arnold ,. Kempe AEK: dn Enc. cc : Mr . William Craig ()( ARNOLD E. KEMPE ATTORNEY AT LAW 1 SIGNAL HILLS WEST ST PAUL,MINNESOTA 21110 612/427-S89S ARNOLD E. KEMPE 1370 Imperial Ridge West St. Paul , MN 55118 PERSONAL: Age: 61 Married : Wife , Barbara Children: William, Diane, Mary , Brian , and Annette EDUCATION: Humboldt High School University of Minnesota - BA 1950 Major: Economics Minor : Political Science University of Minnesota Law School L.L.B. , J.D. 1956 OCCUPATION - LAWYER: General Practice of Law; Municipal Law: For the past 25 years as City Attorney, I have handled litigation on behalf of the City, in State and Federal Courts, including such matters ns alleged civil rights violation, environmental law, sex discrimination, zoning, licensing, condemnation and inverse condemnation, public employee labor relations law, surface water drainage , hazardous structure abatements, municipal contract litigation, discharge appeals of municipal employees, and criminal and traffic prosecutions arising in the City. EMPLOYMENT: Police Officer City of West St . Paul 1951-1955 (nights while attending law school) Hoffmann , Donahue , Graff , Schultz and Springer 1220 Minnesota Building St . Paul , MN 55101 1956-1963 Kempe and Murphy One Signal Hills West St . Paul , MN 55118 1963-1985 Arnold E. Kempe One Signal Hills West St . Paul , MN 55118 1986-Present GOVERNMENT: Mayor City of West St . Paul Elected 1958 Re-elected 1960 and 1962 City Attorney City of West St . Paul 1963-Present Planning Commission City of West St. Paul 1967 to Present State Representative District 67A Elected 1974 Re-elected 1976 House Tax Committee 1975-1978 House Financial Institutions and Insurance Committee 1975-1978 Higher Education Committee 1975, 1976 Criminal Justice Committee 1977-1978 (Chief Author - Sentencing Guidelines) West St . Paul Zoning Board of Adjustments and Appeals 1978-Present MILITARY: U .S. Marine Corps 1945-1946 3 C MEMBERSHIPS AND MISCELLANEOUS: Past , President , West St. Paul Jaycees , State Director , Jaycees , West Side Citizens Organization, West St . Paul Chamber of Commerce, Minnesota Trial Lawyers Association, Dakota County Bar Association, First District Bar Association, Minnesota State Bar Association , American Legion, Nominated , Minnesota Law Review, Distinguished Service Award — U.S. Jr . Chamber of Commerce . Agenda Information Memo December 20, 1988 City Council Meeting SENECA WASTEWATER TREATMENT PLANT AGREEMENT C. MWCC Agreement Regarding Expansion of Seneca Wastewater Treatment Plant--Preliminary plat approval of the Seneca Wastewater Treatment Plant expansion project was approved at the November 15, 1988 City Council meeting. As a part of that action the City staff was required to negotiate a development agreement with the MWCC and place this agreement on the City Council agenda for final ratification. The agreement did appear on the December 6 City Council agenda, however, due to changes that were recommended by Becky Comstock, special legal counsel for the City of Eagan, and the fact that the MWCC had not concurred with the new agreement, this item was continued until the December 20 meeting. A copy of the final agreement and a memo from Ms. Comstock that describes certain conditions of the agreement and the various meetings/negotiations that have transpired since the last meetings will be distributed with the Additional Information packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the MWCC agreement that specifies certain conditions for the expansion of the Seneca Wastewater Treatment Plant. 3g Agenda Information Memo December 20, 1988 City Council Meeting NEW BUSINESS PARK CENTER ADDITION/FEDERAL LAND COMPANY A. Comprehensive Guide Plan Amendment for Park Center Addition/Federal Land Company Changing the Land Designation from D-III Mixed Residential to CPD, a Rezoning from Ag to a PD and a Preliminary Plat Entitled Park Center Addition with a Conditional Use Permit for Pylon Signs--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on November 22, 1988 to consider a comprehensive guide plan amendment from D-III of approximately 21.3 acres to CPD, a rezoning from Ag to PD, a preliminary plat of six lots and a conditional use permit for pylon signs located along the north side of Cliff Road. The City Council considered the applications as submitted by Federal Land Company and is recommending a denial of the Comprehensive Guide Plan amendment and rezoning as stated. There was no action by the Advisory Planning Commission relative to the preliminary plat or conditional use permits. For a coy of the staff report on Park Center Addition, refer to pages through -7 / The Parks and Recreation Commission reviewed the Park Center Addition development at their last regular meeting held on December 1, 1988. For a copy of that report and commission action, refer to pages - through -? (-1 . There are five (5) recommendations listed under commission action as part of the referenced Park Commission report and for City Council information, item number 1 which had three alternatives, it is the recommendation of the commission that the elderly housing proposal is the most preferred use of the land in terms of compatibility with existing Rahn Park. Also enclosed on pages -7S through 7 (o is a memorandum from Westwood professional services that attempts to clarify several issues that were discussed by the Advisory Planning Commission at their public hearing on November 22. For a copy of the Advisory Planning Commission action, refer to minutes enclosed on pages `77 through -77 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) the Comprehensive Guide Plan amendment from D-III to CPD, 2) rezoning from Ag to a PD, 3) preliminary plat entitled Park Center Addition and 4) a conditional use permit for pylon signs. SPECIAL NOTE: Enclosed without page number is a copy of a memo that includes a proposal for the City to acquire a certain portion of the 21 acres for its elderly housing site. This item 22C) Agenda Information Memo December 20, 1988 City Council Meeting was discussed briefly by the Director of Community Development following the meeting of December 6. This site has been identified by the Senior Site Selection Committee and City Council as one of two preferred sites for a senior housing project. L.V) CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, RE- ZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT (PARK CENTER ADDITION) APPLICANT: FEDERAL LAND COMPANY LOCATION: SE 1/4 SECTION 30 EXISTING ZONING: AG (AGRICULTURAL) DATE OF PUBLIC HEARING: NOVEMBER 22, 1988 DATE OF REPORT: NOVEMBER 15, 1988 REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS APPLICATION SUMMARY: Separate applications have been submitted to the City for the Park Center Addition, an office/retail complex consisting of approximately 175, 000 square feet . The first application is a request to rezone 21 .25 acres of AG (Agricultural ) land to a Planned Development district . The second application is for a Preliminary Plat consisting of six lots to be developed in one phase. The Conditional Use Permit application is for pylon signage only. The Comprehensive Guide Plan designates this area D-III , Mixed Residential (6-12 units/acre ) ; therefore, an Amendment will be necessary. This proposal is located north of Cliff Road and west of Cliff Lake Drive. PROJECT SCOPE: The - northwest 6-10 acres of this site is currently being appraised by the Dakota County HRA for an elderly housing project . With that in mind, the applicant has placed office buildings and a clinic in that area. If this site is chosen and developed for the elderly housing complex, only that portion of the project would change. The elderly housing would probably initially begin with 60 units and increase to potentially 120 units . The following is a detailed breakdown of each lot . Specific users have not been identified at this time: Lot 1 .99 acres 4, 500 sq.ft . Class 1 (sit down) restaurant Lot 2 9.8 acres 133, 000 sq. ft . retail strip center Lot 3 1.1 acres 6, 500 sq. ft . clinic Lot 4 .95 acres 6, 000 sq. ft . retail bldg. Lot 5 .93 acres 4, 800 sq. ft . bank Lot 6 7.5 acres 2 - two story 18, 000 sq. ft. office bldgs (36, 000 sq. ft . ) , a portion of a City storm pond. ZONING & LAND USE: Currently, this site consists primarily of open grassland, generally falling to the northwest . Mature oaks are found along the northern property line and near the pond on the western portion of the site. If the proposed grading on the north side of the pond was changed and some retaining walls were used, some of these oaks could be saved. They would be a nice amenity for either the office buildings or an elderly housing area. Site sensitive grading along the northern property line is necessary in order to preserve the landscape buffer to Rahn Park abutting to the north. Other adjacent uses are two office buildings and three single family homes to the west, Cliff Lake Center to the east, the Dakota County Court Facility, and Drivers Testing Facility on tha south. SITE PLAN/CODE CONFORMANCE: Two major access points serve this site - one that was constructed with the Cliff Lake Road improvements and the other opposite the entrance to the Drivers Training Facility. A third right in/right out near the center of the site is proposed. The loop from the access on the west to the right in/right out would be a dedicated City street serving the office/alderly areas and three other lots . Six hundred sixty four parking stalls are shown on the site plan . The office area would require 202 stalls and 69 are shown with a proof of parking area for 54 more. The retail strip center shows 443 stalls and Code requires 698 spaces . The four smaller uses meet their parking requirements . The entire project provides 725 (plus or minus ) spaces and Code requires 1, 047 (plus or minus ) spaces . This is a lot by lot breakdown: LOT STALLS PROVIDED STALLS REQUIRED 1 43 43 2 443 698 3 45 45 4 44 40 5 27 19 6 (office) 123 (including 202 72 proof area ) 1, 047 NOTE: The elderly housing area would require one stall enclosed and one exterior stall for each unit. Since architectural plans have not been submitted, each free standing building should be reviewed by the Advisory Planning Commission and Council before the issuance of building permits. The overall lot coverage is approximately 19%, and 30% would be permitted in a CSC (Community Shopping Center) district on a gross basis . All building and parking setbacks meet Code requirements in this Preliminary Plat proposal . Lk :;L-"' ENVIRONMENTALS/FIRE & POLICE: An EAW (Environmental Assessment Worksheet ) will not be necessary and staff is currently in the process of determining if their governmental permits are necessary. The Fire & Police Departments are aware of these plans and staff has not received any specific comments regarding major unresolved issues . The detailed review would occur with the typical platting and building permit procedures . PARK CONCERNS/SITE AESTHETICS: The parks department has also expressed that the trees by the pond and northern property line are valuable both on and off site. Every attempt to save as many as possible should be demonstrated through careful grading plan preparation and in the field marking. The overall landscaping plan works well conceptually, however more screening of the back of the strip center from the park will be necessary. An overall sign agreement would eliminate any further undue Variances and provide a more uniform development . This has been working well with the Town Centre development . ._\C±) GRADING/DRAINAGE/EROSION CONTROL: The proposed grading plan submitted as a part of this application impacts virtually 95% of the existing topography on this site. When taking into consideration the additional parking areas as identified along the northwesterly property line, the grading virtually impacts 99% of the proposed site. The proposed grading plan shows cut areas of 10 ' - 12 '+/- in the southeasterly area of the site, in the southcentral portion of the site and in the southwesterly portion of this site . Fill areas ranging from 4 ' - 5 '+/- in the center of this site, 14 ' +/- northerly of the proposed retail center and areas of 20 '+/- along the easterly side of the proposed ponding area in the southwest corner of the site are proposed. Along the westerly boundary of the development, the City recently constructed the outlet to Pond AP-50 under Project 452 . Pond AP- 50 is a designated ponding area in the City of Eagan ' s Comprehensive Storm Sewer Plan. The grading plan proposes to add additional material on top of the existing 15" outlet to Pond AP- 50. The existing outlet pipe is not of sufficient strength class to handle the additional fill which the development proposes to deposit on top of it. The details of the proposed storm sewer system within the parking lot areas and the street were not reviewed at this time but generally appears adequate. The general drainage areas as designated to Pond AP-50 and Pond AP-25 (ponding area adjacent to Cliff Lake development) are acceptable. Both ponding areas are designated in the City ' s Comprehensive Storm Sewer Plan to receive runoff from the proposed development. The grading plan as proposed requires the replacement of approximately 150 ' of 15 " Class 5 RCP with 150 ' of a 4, 000 D Load Class 15" RCP. The development is responsible for the replacement of the existing Class 5 RCP with 4000 D Load Class RCP or modifying the grading plan to provide a maximum of 22 ' of cover from the invert of the existing RCP to the finished grade for the outlet to Pond AP-50. The main water resource issue for this site is the impact of the development on the downstream water quality. As previously mentioned, 10.15 acres of the site will drain directly to Pond AP-25 and 11 .1 acres will drain into the proposed Pond AP-50. Water flowing into Pond AP-50 is then routed to Pond AP-49 (which is in Rahn Park) and from there flows into the outflow from Pond AP-25. The Eagan Park Department has requested that Pond AP-49 be classified as a Type 3 Wildlife/Aesthetic waterbody. Historical data indicates that Pond AP-49 presently meets desired water quality standards for a Type 3 waterbody. Maintaining predevelopment phosphorous runoff to Pond AP-49, therefore, will prevent degradation of the existing water quality in the downstream waterbodies. Development of the Park Center site will increase phosphorous runoff by approximately 42 pounds per year. The model estimates that predevelopment phosphorous runoff to Pond AP-49 can be maintained by constructing a wet pond volume of approximately 4 acre feet in Pond AP-50. In addition, phosphorus loadings to Pond AP-49 can be further reduced by designing the ponding areas proposed south of Cliff Road to act as nutrient detention basins also. An incomplete erosion and sediment control plan was submitted as a part of this preliminary plat application. An erosion and sediment control plan, reviewed and approved by City staff, is required before a grading permit is issued or final plat approval addressing the following additional concerns : 1. A temporary berm is recommended behind the retail center to prevent drainage from going over the proposed 2 :1 fill slope. 2. The 2 :1 slope as proposed is required to be a maximum slope of 3 :1 with a 4:1 slope preferred. 3. The retaining wall proposed by Pond AP-50 is required to be at least 1 ' above the 100 year high water level. All slopes are required not to exceed 3 :1 around the ponding area. 4. Specifications for seeding and mulching the site should be included in the plan. We recommend that all disturbed areas be seeded and mulched within two weeks after rough grading. 5. The site map should identify all ingress and egress points for the site. A rock construction entrance pad will be necessary at ingress and egress points to minimize tracking of mud by vehicles onto the existing paved surfaces. 6. Silt curtains must be properly installed before any land disturbance occurs. 7. The revegetation of all areas disturbed by utility construction must be addressed in the erosion and sediment control plan. 8. Maintenance of erosion and sediment control measures should be included in the erosion and sediment control plan. 9. The company/individual responsible for maintaining and removing all erosion and sediment control practices should be included in the plan. 10. Storm sewer inlet filters will be needed around the catch basins. 11. All storm sewers outletting into waterbodies should be adequately protected to prevent scouring from occuring at the outlet. 12. Identify on the plan where topsoil will be stockpiled. Stockpile can be strategically stockpiled to prevent sediment from entering wetlands and adjacent property. 13. A site narrative should be included on the plan which shows ( S schedule for rough grading, installing utilities, revegetating the site, building construction, curb and gutter, and blacktopping. These schedules impact erosion and sediment control requirements. UTILITIES: Trunk sanitary sewer of sufficient capacity and depth to serve this site is readily available along Cliff Road and Cliff Lake Road. Sanitary sewer lateral extensions and individual service lines are adequately proposed to service the proposed development. The details of the proposed lateral extensions were not reviewed at this time, but generally conform to City standards. Watermain service of sufficient capacity and pressure is readily available from the existing trunk water main in Cliff Road and has been stubbed to the easterly property line of the development as a part of the Cliff Lake Centre development. The development is proposing an internal utility system (water and sanitary sewer) which would provide service to all proposed platted parcels. Details of the proposed internal utility system and how it connects to the existing City system is subject to detail review at the time of the final plat. STREETS/ACCESS/CIRCULATION:Public street access has been provided to the site along its easterly boundary with the Cliff Lake Centre development. As far as the proposed accesses to Cliff Road are concerned, the County has taken a stand that they will not approve any access points along Cliff Road until a detailed traffic impact study is done for the entire Cliff Road area. Comments concerning the Cliff Road access points and the proposed internal public street will be deferred until a detailed traffic study is done along Cliff Road. (See attached letter. ) Although the site plans are preliminary, the following concerns are identified relating to internal traffic circulation: 1. Driving aisles in the parking areas are required to be a minimum of 24' wide. 2. Entrances from public right-of-way and internal roadways are required to be 30 ' wide minimum. 3. The clinic parking lot area has no turn around area at its northerly end. 4. Minimum curb radius for the entrances are required to be 25 ' . 5. Except for the retail center, the other proposed site development areas are unclear as to identifying areas for delivery vehicles and trash pick up circulation. 6. There should be two lanes of approach to the drive-in bank which allows access to the south parking lot and areas for stacking. 7. The office building/clinic and bank/retail entrances should be combined. 3. The additional parking shown north of the retail center will be difficult to build (existing topo is approximately 28 ' lower than the proposed retail center parking lot grades) . 9. A minimum 80' right-of-way is needed for a divided roadway type entrance as proposed. The site plan reviewed by the City ' s traffic consultant included approximately 46, 500 square feet of additional shopping center/retail development more than the 86, 600 square feet acknowledged in the applicant 's traffic analysis. As a result, the traffic volume forecast provided by the applicant is substantially less than the traffic volume projections identified by the City ' s traffic consultant. In summary, the major concern with the site is access to Cliff Road . Without the access point/points identified, further comments relating to the site plan configuration of streets and narking areas and traffic projection revisions are premature. EASEMENTS/PERMITS/RIGHTS-OF-WAY: Sufficient right-of-way for Cliff Lake Road was provided with the development of the Cliff Lake Centre. The requirements for right-of-way along CLiff Road are subject to requirements as identified in a detailed traffic study for Cliff Road which has been requested by the County. A ponding easement will be required for Pond AP-50 to accommodate storage volume and high water elevations as identified in the City of Eagan ' s Comprehensive Storm Sewer Plan. All internal utility easements will be required for sanitary sewer, storm sewer and water main facilities servicing multiple properties and those which provide continuity to the City's trunk facility system. The development is required to acquire all regulatory agency permits in the appropriate time frame as required by the affected agency. PUBLIC STREET/UTILITY FINANCIAL OBLIGATIONS: A search of City special assessment records show the following pending assessments of record. PROJ # DESCRIPTION RATE QTY AMT 529 Lateral Benefit Trunk $21 . 60/ff 640 $13 ,825 Water Main 452 Storm Sewer Trunk .056/sf 705, 790 39, 525 TOTAL PENDING ASSESSMENT OF RECORD $53, 348 47 The following financial obligations are identified in accordance with present City policies for the applicant ' s information and Council consideration: DESCRIPTION RATE QTY ` NT Storm Sewer Trunk* $ .027/sf 349, 801 $22, 945 Water Availability Charge 2, 015/ac 19. 51 39, 313 Lateral Benefit Trunk 21 . 60/ff 1, 131 . 34 24, 437 Water Main Cliff Lake Road (Street) 63 . 65/ff 668. 62 42, 558 Cliff Road (Street) 111 . 70/ff 1, 257 .72 140, 487 Cliff Road (Trailway) 13 .00/ff 1, 257 .72 16, 350 TOTAL PROPOSED FINANCIAL OBLIGATION $286, 090 * Rate identified is difference between existing zoning rate and proposed zoning rate. All final financial obligations will be calculated based on the dimensions as shown on the final plat and in accordance with the rates in effect at the time of the final plat approval. LkS DAKOTA COUNTY GARY H. STEVENSON, R.L.S. COUNTY SURVEYOR SURVEY DEPARTMENT 1612, 431-1153 O 7300 WEST 147th STREET SUITE #300 APPLE VALLEY MINNESOTA 55124 4,4„,N,„t. November 3 , 1988 Thomas Colbert, Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: PARR CENTER Dear Mr. Colbert: The Dakota County Plat Commission met on October 31 , 1988 , to consider the preliminary plat of PARK CENTER. Said plat is adjacent to C.S.A.H. NO. 32 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance. This development will have significant impacts on C.S.A.H. NO. 32 and the adjacent driveways and city streets. This section of C.S.A.H. NO. 32 is not in the 5 year CIP, however, preliminary traffic studies indicate that the road will have to be built in the future as a 6 lane divided highway. County right of way guidelines for a 6 land divided highway require 100 feet of half right of way. The two access drives proposed do not meet the County spacing guidelines for the existing road. The Plat Commission would agree that this site could need access onto C.S.A.H. NO. 32. Due to the frontage length and proximity to existing streets, it may be desirous for access to be provided by development of a city street. For a divided highway, such as should probably be considered by the County and City for this segment, the County Plat Commission would recommend a full access to a public street at 1/4 mile spacing (near the west end of the property) and a right in-right out access to a public street at 1/8 mile spacing. This prospect would have ramifications on the access allowed at Scott Trail and Cliff Drive. It also seems appropriate to review the existing driveways on the south side of Cliff Road with respect to development of a future public street and the location of median openings. AN EQUAL OPPORTUNITY EMPLOYER !�� The Plat Commission believes that the City and County at this time should evaluate these issues in conjunction with approval of the proposed development. The Plat Commission proposes to jointly participate in a study of this segment to develop a project to reconstruct this roadway. If recommendation from a study can be approved by both the City and County, the Plat Commission will recommend approval of a plat consistent with those recommendations. Sincerely yours , Afy4. 7461A44.---- gt-/4/A44 -- Gary H. Stevenson Peter Sorenson Dakota County Surveyor Traffic Engineer Plat Commission Secretary cc. Dale Ru . A ' - • � - Gary J. Erickson, Physical Development Director David Everds, County Engineer Martin Colon GHS:vf 50 PARK CENTER ADDITION CONDITIONS 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, 32, 33, 94, Cl, C2, C4, C5, D1, El, Fl, G1 2. A Planned Development Agreement shall be entered into for a time specified by the City Council . 3. A determination for the elderly housing site shall be made either on this site or on another location . 4. A Pylon Sign Agreement shall be entered into. 5. Each lot shall be reviewed in detail by the APC and City Council before building permits are issued. 6. No rooftop mechanical equipment shall be visible from the public ,streets. 7. The 2ar'cing along the east end of the strip center shall be :amovaa. 3. Special emphasis will be placed on screening rear side of _ne strip center from Rahn Park . 9. Cross easements shall be provided for the oarking lot . 10. All trash shall be contained within the ouildings or in enclosures attached to the building and constructed of the same materials . 11 . 5erming shall be provided along the public streets . 12. The development is responsible for the replacement of the existing Class 5 RCP with 4, 000 D Load Class RCP or modifying the grading plan to provide a maximum of 22 ' of cover from the invert of the existing RCP to the finish grade for the outlet to the Pond AP-50. 13. The development is required to provide 4.0 acre feet of wet pond storage volume below the proposed normal water level for Pond AP-50. (7=ktp 4 .„,..7. ' IL4.".; ,\4.:4..-'4-JI A' ''''''';' 41,q.Oil• 4 ,-.-•4 \-.1- '',,,, g. -..• . c., Liii i,s, Lii_itssA:.ri:L„,7,,p• , - IAA AMON ,1 ;.1.. •-•-.7.•-r...... .6.4... ........ .. ;: e..... ' ® .. ''" OM C,6 ,...'.;:•..,',' ,'' . 1 N[:s1..Arl..4.4C,I ..1%.//a••' I , N. . / \., ......i,..c„,,..\>. ,, . .1'4.4 • . Is „, 7.; ,..,.... ,.. ,„,_ • •,z 4 Ia. 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Lac. ; \ il 2,.... . ,,,T 1-11.......t...7, ,J r F.01"FTI- L B )' I , ...., ,. -,\II :,"p . ..) ',. ,,- • ...' "•> .t....p•pri,..,r_ . .,,1 ...f.„.•• . '4_ 41\\ 1 r.-).T•' I'. D 41 , , : „., , . D...1 - ‘ ; .,.....,. , ■ , \, ,7•• , ...... • I, ...L.\\ \I ■L. :'Me''RI' .1-'. ' I ' • "..'"".'I ir '\ ''--,''. ''," 5.D- Preliminary Plat of PARK CENTER PROPERTY DESCRIPTION That cart of the South 141 11 feet of the Southeast r,•uarter of the Southeast Quarter of Section 31, Twonshin 27 Rance 23, Dakota County,. Minnesota lying north of the South 90 'n feet thereof, EXCEP- that part of the Southeast Quarter cf the Southeast "uarter of Section 31, Twnshlc 2', Rance 23. Dakota County, •iroesota, described as fellows Commencing at the southeast corner of said Southeast ''carter thence North 7 decrees 11 minutes 23 seconds East, assumed bearing, along the east lire of said Southeast ;aurter, a distance of 90 11 feet thence South 89 degrees 59 minutes 49 seconds west, carallel with the south line of said Southeast Quarter of the Southeast ,uarter, a distance of 33 00 feet to toe actual point of beginning thence cent:nue South 99 degrees 58 minutes 49 seconds west. a distance of 25 22 feet thence North 2 oeorees 14 -inutes 59 secen:s west a c:stance of ^ 45 feet thence Sotto • degrees ._^_tes 56 seconds East, a distance of 1.4 .3 feet • -:e North 21 degrees 29 minutes 3- seconds East a distance of feet to the intersect:or with a lire ceariro sort- ceorees . m:nuces 23 sectaos East from toe act.a. :c -t t: tierce S:„th 0 decrees 1' ,mutes soup.^.es Nest. a d,star.:e of 249 92 feet to the actual point of pep:china a.so That pact of 0utlot B, CLI"F LAKE CENTPE, accord:no to the on f:.e ano of record in the office of the County Recorder, Dasota ::.nty, ' •innesota, !vino southerly of toe followiho desc r-ed line C:-nencino at a point on toe west line or said ':titiot being 141 11 feet North of the southwest corner of the S__towest quarter of Section 29, -ownshin 27 Range 23 thence North 89 degrees 5• minutes 49 seconds East, assu-:n_ the west line of Outiot B tears Soutt C degrees 1' -inures seccocs est, on the easterly extension of t-e north line of tract recorded Doc No 6'1533, a distance of 12' 13 feet to the westerly right of wa• lire of Ciifa Lane Road and t-.ere terminating Containing 925,694 sq ft 21 25121 acres Existing zoning • A 4cricultuai Owner Dr•e loner `edema! Land Coma n.' ,ansee 57uare Office 11 °cite .32 3a'r• washinaton Drive Eagan, wN 55122 'ABL•L'.T1CN OF 'tAr 'YRCEL :ROSS AREA _ .:'EN'.' AREA ••E.T SREA AFTER EASEMENT v1CIN•T5 JAR Lot 1, Block 1 43.113 sg ft '0 99974 ac Sec. 31, Two 27. Roe 23 Lot 2. Block 1 424.439 an ft /9 74378 ac Lit 3. R.ocx i 48.137 sn ft /1 1:517 ac f T— I Let 4, B ocs 1 253.931 sn ft '5 82945 at 67.965 s: ft 1 53961 cc :96,946 al ft '4 28985 cc R . 4 Lot 1, Block 2 41.785 sq ft '1 94314 ac • Lot 2 Blocs 2 4^,491 s• ft 7 92936 ac . _ad P w 74.5'6 s ft 1 71042 a. aO 5t*I 6 —Std s 925,694 so ft 21 25171 ac 6",765 s .. '1 53960 a 186 966 s7 tt /4 28985 cc ?2? •[.ter ,rsw�aiaH)Z .r5. . i,.. Isl. ..r1 .i r • .�,..", 'I; .. ■ ..; ..., i'•±c 7 BOERHAVEE LAND SURVEYING :.,t✓ .� D i,1•..O,i9/ . 0 6. 44.4i14 �� SHEET I OF 2 SHEETS . , : '''...,..,, . %Via 14Ei ;..ii E. ...mg-•-MIES •, ,f: \ N - Iii i hi! 'II I 1.... ..........................==....... ..._ .. . .....,..tj, A ' ... z, • 0 01 71 a,.7.-..,:1:.. 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': -,..\',..:•":.-- -1 r-:: 1-I U.-- XL'A \Atm 0 7.?-.14HILit91112irlt.7.-..-'21-1C- 1 - - - " /-7---(1-1 `Qhillw \I.' 1 16; --1/1-7" r-T-7-,„_\:;_-_ *, ./ /,--_:\ n7-1.._.-. _, s,..!,,,f1";92e•-r:V. \ , 'S'',.. " 7'-t.:-".--.) -•• 66 2/ i I z--••l,.t..:.-.','e o1...1,,,1,.)-,-. . 9.4 0 j 1 tt' p\ i,L II i 4 -4,1V,-1::I,-•:::C.':.:1..:.::,:::.::t;•..::),::.::.::::::t:-:::::1:::?:::„::•::::::'—::::::.::4.:i.,:i:::"/ 1- / /4;r f.fv(.• )-I L20..-.:: , ;.. . : 2\- SUBJECT PARCEL FIG * 3 _ city of eagan WATER approved: standard n PUBLIC I plate ff: 1—\-•"=-i- WORKS I MASTER PLAN C) 4 ', DEPARTMEN • . ED* dA3F, BENSHOOF & ASSOCIATES, INC. TRANSPORTATION AND LAND USE CONSULTANTS 7901 FLYING CLOUD DRIVE,SUITE 119/EDEN PRAIRIE,MINNESOTA 55344/(612)944-7590 November 4, 1988 85-34-03 REFER TO FILE: M E M O R A N D U M TO: Mr. Martin Colon, Federal Land Company FROM: James A. Benshoof \O S 1 RE: Traffic Study for Proposed Park Center Development PURPOSE The purpose of this memorandum is to document the results of our traffic study for your proposed Park 'Center development, which is located in the northwest corner of Cliff Road and Cliff Lake Road. As requested by City staff, the two prime purposes of this traffic study have been: . To develop and present forecasts for the traffic that will be generated by this development . To assess whether the public roadway system will be able to adequately accommodate the development traffic TRAFFIC FORECASTS The first step in the traffic forecasting process is to quantify the types and amount of land use in the development. As we understand, the prime development component will be a shopping center with about 86,600 sq. ft. The plan also provides five additional development parcels. We understand that prime candidates for four of the parcels are restaurant, retail , bank and clinic. The plan indicates that the fifth parcel would have an office use, though it is possible that the parcel may be developed instead with senior housing. The specific sizes of developments on these five parcels have not yet been determined. From a traffic forecasting standpoint, our approach has been to assume that each of these parcels will be developed to about the maximum density allowed under City Code parking provisions. An outcome of this assumption is that the sizes of several uses as utilized for traffic forecasting purposes are larger than illustrated in the development site plan. Specifically, for traffic forecasting purposes, it has been assumed that the development will consist of the following components: LoS Mr. Martin Colon -2- November 4, 1988 . Shopping Center - 86,600 sq. ft. . Restaurant - 4,000 sq. ft. . Retail - 6, 000 sq. ft. . Bank - 4,500 sq. ft. . Office - 36,000 sq. ft. . Clinic - 7,000 sq. ft. It should be noted that trip generation for the overall development likely will be lower if senior housing is developed instead of the office component. The next step is to apply appropriate trip generation characteristics to these development statistics in order to project the number of new vehicle trips that the development will add to the roadway system. These trip generation projections were developed for the p.m. peak hour, the busiest traffic period on the adjacent roadways, through the following three-step process: 1 ) Apply expected trip generation ratesl to each development component in order to predict the p.m. peak hour volumes in and out of each individual component. 2) Apply a five percent reduction factor to the sum of the values from step 1 ) in order to estimate the p.m. peak hour volume in and out of the entire development. The reduction factor is to account for trips between two uses in the development which would not utilize either Cliff Road or Cliff Lake Road. 3) Categorize the trip generation result from step 2) into pass by trips and new trips. The document entitled "Trip Generation, " published by the Institute of Transportation Engineers indicates that a major phenomenon of new shopping centers is that a significant portion of their traffic is pass by trips, trips that already are on adjacent roadways and that will be intercepted to include a stop at the new shopping center. Based on the size of this shopping center, Figure V-1 in the "Trip Generation" report indicates that at least 40 percent of the shopping center trips will be pass by trips . The remaining 60 percent of the external shopping center trips are expected to be new trips that are not now traveling on adjacent roadways. Through the above process , the trip generation projections shown in Table 1 have been developed. A major result in Table 1 is that the entire Park Center development is Trip generation rates used are published in "Trip Generation, " Institute of Transportation Engineers , 1987 (..0(4 Mr. Martin Colon -3- November 4, 1988 TABLE 1 TRIP GENERATION FOR PARK CENTER (P.M. PEAK HOUR) Rates Trips Use Size (ft.2) in out in out Shopping Center 86,600 3. 05 3 . 18 264 275 Restaurant 4, 000 10.6 9. 3 42 37 Retail 6, 000 9.2 9.6 55 58 Bank 4,500 13 .4 13.9 60 63 Office 36, 000 0.4 1 .8 14 65 Clinic 7, 000 1 . 0 2.6 7 18 Totals 144, 100 442 516 5% internal trip reduction -22 -26 Total net external trips 420 490 Pass by Trips (40%) (364 total trips) 168 196 New Trips (60%) (546 total trips) 252 294 Cn Mr. Martin Colon -4- November 4, 1988 projected trip generation is 27 percent less than the 750 trips that were assumed to be generated by this property in the Cliff Lake Galleria Traffic Study conducted for the City. The next step is to project the directional distribution of the development trips. The trip distribution percentages presented in the Cliff Lake Galleria Traffic Study were utilized as an initial source of distribution for new trips generated by this development. Those trip distribution percentages were adjusted slightly to account for the expectations that this development, due to more local character, will attract a greater portion of trips from the west and north. The resultant expected distribution of new trips to/from this development is as follows: to/from north on Cliff Lake Road - 25% to/from east on Cliff Road - 50% to/from west on Cliff Road - 257. The pass by trips are expected to have a different directional distribution pattern. Based on the relationship of the development to major traffic streams , the estimated distributions of pass by trips is as follows: from east on Cliff Rd. to west on Cliff Rd. - 30% from west on Cliff Rd. to north on Cliff Lake Rd. - 20% from north on Cliff Lake Rd. to west on Cliff Rd. - 20% from west on Cliff Rd. to east on Cliff Rd. - 157. from north on Cliff Lake Rd. to east on Cliff Rd. - 15% The next step is to apply the preceding trip generation results and trip distribution percentages for new and pass by trips, in conjunction with expected usage by driveway, to develop p.m. peak hour development traffic forecasts. The resultant forecasts are presented in Figure 1 . As indicated in Figure 1 , pass by trips actually have the effect of reducing particular through volumes. IMPLICATIONS OF DEVELOPMENT TRAFFIC ON ROADWAY SYSTEM Relating to the p.m. peak hour volume projections shown in Figure 1 , the implications of development traffic at key locations will be discussed next. . Intersection of site access drive and Cliff Lake Road. The design plans for Cliff Lake Road accounted for "Cliff Lake Galleria Traffic Study, " prepared for City of Eagan by Short-Elliott-Hendrickson, Inc. , October 1987, page 16 (_0( - 5 . kl II F 4.1l II3 _ 158 cn . 6 a) c0 J 4- U • i (:',- i'17, L .1- V .. i N I 4 t-25 ,J t_...138 J� 14 t-13 4---20 .4-- -21 -4-113 :") c I t 116 - 6- -53 --'. 51 —► 1 1 Cliff Road 1 7 Drivers License Exam • Facility A Note: Reductions in certain through volumes are due to pass by N ( intercepted) trips Not to Scale 1 FIGURE 1 TRAFFIC STUDY 1 FEDERAL LAND COMPANY FOR P.M. PEAK HOUR i PARK CENTER DEVELOPMENT DEVELOPMENT TRIPS BENSHOOF &ASSOCIATES, INC. TRANSPORTATION AND LAND USE CONSULTANTS (..e\ . Mr. Martin Colon -6- November 4, 1988 this intersection. With two lanes for exiting traffic and a left turn lane for entering traffic, this intersection will effectively accommodate the development traffic. . Intersection of Cliff Road and Cliff Lake Road. As noted in the "Cliff Lake Galleria Traffic Study, " this intersection will experience a substantial traffic increase. To accommodate this growth, a major upgrading project was undertaken, including widening and traffic signal control . Since the net new trips generated by the proposed development are lower than the site volumes assumed in the "Cliff Lake Galleria Traffic Study, " the proposed Park Center development will have less effect on traffic operations at this intersection. . Number and location of access points on Cliff Road. The proposed site plan indicates that the development would have two access points on Cliff Road - full access at a location opposite from the Driver's License Exam Facility (about 1150 feet west of Cliff Lake Road) - right turn in and out only access located about 410 feet east of the full access point Given the close relationship of the above access points to the County' s spacing standards and given the advantages of having a full access point also available to serve the Driver's License Exam Facility, the County Plat Commission recently approved these two proposed access points on Cliff Road. The Plat Commission expressed concern about the existing four lane undivided design of Cliff Road along the frontage of this development. In this context, they mentioned two further points : - that a need exists to upgrade this segment of Cliff Road to an ultimate six lane divided design. The segment that presently does not have a raised median is only about 1/2 mile in length (from about 600 feet east of Nicols Rd. to 600 feet east of Cliff Lake Road) . - That an access permit for the right turn in and out access point will not be issued until a median is constructed on Cliff Road. We concur that upgrading of this segment of Cliff Road, including a raised median, is needed to resolve the existing 1/2 mile gap in the divided design. Such upgrading should include left turn lanes at the proposed full access point. In conjunction with the Park Center development it is expected that traffic signal control will be warranted at the full access C-1C2) Mr. Martin Colon -7- November 4, 1988 point. With this design and traffic control , it is expected that Cliff Road will be able to accommodate the development traffic without significant adverse effects. An important point regarding the upgrading of Cliff Road is to coordinate, as best possible, the schedule for this upgrading together with the schedule for completion of the development. To this end, we recommend that Federal Land Company undertake a joint effort with the County and City to implement the needed improvements to Cliff Road by 1990. County staff have given a preliminary indication that some County funds would be available to apply to this improvement project. MEMORANDUM TO: ADVISORY PARKS AND RECREATION COMMISSION FROM: STEVE SULLIVAN, LANDSCAPE ARCHITECT/PARKS PLANNER DATE: NOVEMBER 29, 1988 RE: PARK CENTRE ADDITION - FEDERAL LAND COMPANY BACKGROUND The subject parcel is located south of the undeveloped portion of Rahn Park at the intersection of Cliff Road and Cliff Lake Road (See Figure #1) The Commission previously reviewed this parcel at the April 1, 1985 Advisory Parks and Recreation Commission meeting. The request was for a Comprehensive Guide Plan change from Mixed Residential to Commercial and rezoning from R-III to Commercial P.D. The proposal was for a mixed land use of commercial , office, day care and nursing home (see Figure #2) . The minutes of the April 1, 1985 meeting express the Commission's concerns for the preservation of the oak trees along the northern property line and that the R-III Comprehensive Land Use Plan designation had greater compatibility being adjacent to Rahn Park. The proposal never received the requested rezoning or the Comprehensive Guide Plan Amendment. Since the initial proposal several things have occurred which influence the parcel . First, Dakota County HRA in cooperation with the City of Eagan have completed a study locating elderly housing locations with the County. Ten sites were identified. From these 10 parcels the scope was narrowed to only two parcels. One being located north of Cub Foods adjacent to the Highline and the second within the subject parcel . The study identifies the northwest 6-10 acres of the Federal Land site for the elderly housing project. The project would include 120 living units. Dakota County HRA is currently having an appraisal undertaken. City Staff will be meeting with Federal Land Company in the next several weeks to discuss the potential of the elderly housing complex within the subject parcel . Second, Cliff Lake Centre was approved and developed. This major commercial land use may have an influencing condition on the intended use of the Federal Land parcel . The current proposal was brought before the Advisory Planning Commission at the November meeting and was denied. The primary reason for denial was concern regarding the omission of the elderly housing and the traffic impact. AP - REQUEST The current request is for rezoning from Agricultural to Planned Development District on 21.25 acres. Also an application is submitted requesting the preliminary plat of 6 lots and a Comprehensive Guide Plan amendment. The Commission will need to evaluate the following issues: 1. Is the proposed land use change from R-III to Commercial PD compatible with Rahn Park? 2. Does the proposal make every effort to preserve the existing significant vegetation? 3. Does the proposal provide adequate screening to provide a reasonable buffer to Rahn Park? 4. What are the pedestrian transportation needs? 5. What impact does the additional run-off have on Rahn Park? 6. What is the parkland dedication requirement? ISSUE #1 The Commission is aware that almost any land use adjacent to a park can be compatible, however, it is generally recognized that residential development adjacent to parkland is extremely compatible. Therefore, the parcel 's R-III designation would be a well suited neighbor to Rahn Park. The question arises whether R-III is compatible with the other adjacent commercial land uses. An alternative land use approach could include the elderly housing proposal with commercial support facilities (i .e. clinic, retail shops, convenience store) being directly adjacent. This elderly housing alternative would work well with adjacent Rahn Park. The park could be developed to provide recreational opportunities to the adjacent elderly residents. A current proposal includes office, retail , restaurant and clinic. This proposal is similar to the past request in which the Commission was concerned regarding it's compatibility to Rahn Park. ISSUE #2 The developer has not provided a tree inventory. Therefore the tree loss analysis is based on aerial map data. A majority of the site is covered with meadow grass. The only significant vegetation lies along the northerly property line and within a hollow located in the north central area of the parcel . This significant vegetation is primarily oaks within the 12-30" diameter range. The building and access road lie within 35 feet of the southern property line of Rahn Park. Several large oaks will be lost as a result of the grading of the road and building pad. The development plan indicates that a majority of the trees will be preserved within the hollow. ISSUE #3 The landscape policy requires buffering adjacent to differing land uses as well as screening of all utility, service and loading areas. The proposal does include a loading area north of the retail anchor. This loading area is within 60 feet of Rahn Park. Staff has reviewed the landscape plan and found inadequate size and number of trees to provide the screening/buffer required by the landscape policy. /7. � 3 ISSUE #4 An 8 foot bituminous trail is proposed along the west boulevard of Cliff Lake Road. The road is under construction and the trail will be installed this spring. The Comprehensive Trail Systems Plan identifies a 5 foot wide concrete sidewalk along the north side of Cliff Road. Lastly, the sidewalk adjacent to abandoned Rahn Road needs to be tied into the proposed bituminous trail along Cliff Lake Road. ISSUE #5 Engineering Department has required the developer to route all storm water drainage to AP-50 located west of the parcel adjacent to Cliff Road. No storm water will directly be outletted into Rahn Park. ISSUE #6 The parcel will be subject to a cash parkland dedication. FOR COMMISSION ACTION The Commission may consider the following recommendations: I. The pending proposal best suited and compatible with Rahn Park OR The Guide Plan should not be amended from R-III due to the impact on Rahn Park OR The Elderly Housing proposal with supportive land use is the best suited and compatible land use to Rahn Park. 2. The developer provide Staff with a tree inventory and revise the grading/layout plan to preserve additional significant vegetation. 3. The proponent resubmit a landscape plan which increases the density and size of plant material adjacent to Rahn Park providing the required screening/buffering according to the Landscape Policy. 4. A 5 foot wide sidewalk be placed along Cliff Road. The existing sidewalk adjacent to "derelict" Rahn Road be extended to the proposed 8 foot trail along Cliff Lake Road. 5. The parcel be subject to a cash parkland dedication. Is KC GEIVED CEC 5 1988 WESTWOOD PROFESSIONAL SERVICES, INC. MEMORANDUM TO: City Mayor Council Members City Staff FROM: Tim Erkkila DATE: December 1, 1988 RE: Comprehensive Guide Plan Amendment and Rezoning for "Park Center", Federal Land Company In the staff report dated November 15, 1988 for the November 22, 1988 Public Hearing, a detailed review of preliminary plans was provided by city staff. In the Planning Commission vote to deny rezoning; the shear volume of issues was noted. To clarify the significance of these issues, the following responses are offered: GRADING/DRAINAGE/EROSION CONTROL Relative to Grading/Drainage/Erosion control, two (unnumbered) issues were raised, as were 13 other items noted. Unnumbered Issue 1 (Damage to a newly installed City story sewer pipe which is intended to be the A.P-50 outlet). The Developer has two options available to resolve this potential problem; they include: 1. Revising proposed grades over the pipe to eliminate the possibly of collapsing the pipe. 2. Replacement of a section of the pipe by the developer, if no other alternatives are feasible. Unnumbered Issue 2 (Adding a 4 acre wet pond to AP-50). This suggestion is a good one not pointed out to the developer prior to this staff report. The developer is prepared to do this. Responses to the 13 numbered issues are provided here: 1. A temporary berm will be constructed behind the retail center prior to site grading to prevent drainage from going onto the park property. This will be reflected in final plans. 2. The submitted grading plan was preliminary. The 2:1 slope shown behind the retail center can be revised to a 3:1 slope with one or a combination of the following solutions: a. A retaining wall b. Reducing the width of the proposed service drive c. Review and lower the proposed finished floor elevation of the retail center. 1525 EDINBROOK CROSSING,BROOKLYN PARK,MINNESOTA 55443(612)424-8862(Business Office) 7415 WAYZATA BOULEVARD,ST LOUIS PARK,MINNESOTA 55426(612)546-0155 City Mayor, Council Members, and City Staff Park Center, Page 2 3. Any retaining wall needed for Pond AP-50 will be installed to be at least 1' above the 100-year high water level. Presently and in the final plans, slopes will not exceed 3:1 around the ponding area. 4. Specifications for seeding and mulching all disturbed areas will be included in the final grading/erosion control plan. 5. All ingress and egress points will be identified on the site plan and a rock construction entrance pad will be built for construction vehicles. 6. Silt curtains/fences are shown on the plans and will be properly installed before any land distrubance occurs. 7. All areas disturbed by utility construction will be revegetated according to final planting plan and seeding and mulching specifications on final grading/erosion control plan. 8. All erosion and sediment control measures will be specified on final grading/erosion control plan and will be maintained until construction is complete. 9. Responsibility for erosion control maintenance shall be called out on future plans once other issues are resolved. 10. Storm sewer inlet filters will be used around all catch basins. 11. All storm sewers outletting into water bodies will be adequately protected with rip-rap to prevent scouring at the outlet. At this time, it is not clear if this is a private developer or municipal responsibility. 12. The final grading/erosion control plan will identify the area to be used to stockpile topsoil. 13. A project schedule will be provided with a final grading plan. PARR CONCERNS/SITE AESTHETICS Additional field survey work will identify exact tree locations. After zoning approvals specific building footprints will be resolved and at that time, a specific tree preservation plan can be developed. Additional planting and screening will also be provided to buffer the retail center to Rahn Park. SUMMARY Grading, utility, and park issues are all manageable items. Final plans can respond to each of the issues raised in the staff report as identified herein. The planning process necessary to impliment a project as proposed here will provide enough future city reviews to assure all that these issues are resolved. TE:mc Page 5/ADVISORY PLANNING COMMISSION November 22 , 1988 5 . The access onto Lexington Avenue will be finalized with all concerned parties. The proposed access entrance to be constructed to a width of 30 feet. 6 . All signage shall conform to Code requirements. 7. The proposed development is subject to additional requirements pertaining to grading, drainage and fire hydrant coverage with the final plat phase of development. 8. The finished floor elevation for the worship center shall be at least 984 feet. All voted in favor. COMPREHENSIVE GUIDE PLAN AMENDMENT/RE-ZONING/PRELIMINARY PLAT/CONDITIONAL USE PERMIT - PARK CENTER ADDITION Chairman Pawlenty opened the next public hearing regarding a Comprehensive Guide Plan amendment changing the land designation from D-III Mixed Residential (21 .3 acres approximately) to Commercial Planned Development, a re-zoning from Agricultural to a Planned Development district, a preliminary plat consisting of six lots and a conditional use permit for pylon signs located along the north side of Cliff Road, west of Rahn Road in the southeast quarter of Section 3 . Assistant City Planner Jim Sturm informed the Commission that separate applications had been received by the City for the Park Center Addition, an office/retail complex consisting of approximately 175 ,000 square feet. He stated the first application was a request to re-zone 21.25 acres of the Agricultural land to a Planned Development district. The second application was for a preliminary plat consisting of six lots to be developed in one phase. The conditional use permit was for pylon signage only. He stated it would be necessary to amend the Comprehensive Guide Plan. Martin Colon (Federal Land Company) introduced the project to the Commission. Tim Urkloff presented an overview of the site plan. He stated the developer had no problem with staff' s recommendations. He explained why the land use would be appropriate due to the surrounding area. He also explained the landscaping, the parking and the phases of the development. Jim Benshoof addressed the transportation elements of the project. He explained the traffic study and the access points. He also gave a summary of the meetings with the County. Page 6/ADVISORY PLANNING COMMISSION November 22 , 1988 Fran Hagen addressed the utility aspects of the development. He stated there would be no problem in complying with the staff report. Commissionmember Graves questioned when the information would be available from the HRA. Mr. Runkle stated they were waiting for the appraisal and that the information should be available by the end of November. There was discussion regarding the amendment from D-III Mixed Residential to Commercial. Commissionmember Wilkins stated that a precedent had been set and that the City should treat all developers equally. Commissionmember Trygg was concerned because there was Single Family areas and a park in the neighborhood. Wilkins stated that there was Commercial or Limited Business all along Cliff. Commissionmember Graves stated that as a result of the study, it appeared that the entire Cliff area might be best suited for commercial development. There was much discussion between the APC members and the traffic consultant regarding the traffic study. Commissionmember Wilkins asked for a clarification of the phased plans. Mr. Sturm explained the plans. Wilkins asked for the developer' s thoughts regarding the phasing. Mr. Colon stated they would prepare the road and the grading and would then develop while working with the County to upgrade Cliff. He stated the development was soft at that point. Chairman Pawlenty questioned the developer regarding excessive commercial development. The developer stated they were consistent with their past statements and he reviewed local development. Chairman Pawlenty stated he felt it was unusual to up-zone property and that he was not against or for the project but felt there was not enough information available at that time to make a decision. The developer stated he felt it was hard to see any consistency with the O'Neil and Peterson pieces. Commissionmember Merkley stated he wanted to see if the elderly housing was coming before approval of the project. Chairman Pawlenty questioned if the O' Neil property was up-zoned. Mr. Runkle stated that the O'Neil property decision was ordered by the Court and that Lexington land was re-zoned. Commissionmember Graves asked if the acreage was sufficient for 120 units. The developer stated it would depend on the parking. There was discussion regarding the elderly housing. Commissionmember Graves stated it was premature to give preliminary plat approval before the senior housing issue was settled. He also felt the entrance was unsafe. Page 7/ADVISORY PLANNING COMMISSION November 22 , 1988 Commissionmember Graves asked what grading was occurring. The developer stated there was grading for the City storm sewer. Commissionmember Voracek remarked that he did not feel the developer was sincere in preserving the oak trees. He asked how much of the Rahn Park hill would be lost. Mr. Sturm stated the hill was in the park. The architect stated that individual plans would be submitted at the time of the development and that each site would be evaluated individually. He further stated that the southerly portion of the property would be graded and filled. The developer explained to the Commission where the cuts and the fill would be in phase one. Commissionmember Voracek was concerned regarding conditions one through three. Mr. Foertsch explained how the slopes could be attained and stated he saw no problem in working the matter out. Mr. Voracek asked what impact the conditions would have on the parking stalls. The developer stated the drives had been changed from four to two. Voracek questioned if the Cliff Road right-of-way would affect the parking. Mr. Foertsch stated he was unsure and that the issue had no been explored at that time. Commissionmember Voracek felt there were a number of issues that needed to be resolved before the Commission could act on the matter. He questioned if the Commission wanted to re-zone from Residential to Commercial and felt it was a policy decision. He also stated that the elderly housing matter was not before the Commission at that time. Chairman Pawlenty stated he had a concern regarding the re-zoning policy. There was much discussion regarding the change of zoning. Trygg moved, Garry seconded, the motion to close the public hearing and deny a Comprehensive Guide Plan amendment changing the land designation from D-III Mixed Residential to Commercial Planned Development, a re-zoning from Agricultural to a Planned Development district, a preliminary plat consisting of six lots and a conditional use permit for pylon signs located along the north side of Cliff Road, west of Rahn Road in the southeast quarter of Section 3 because of traffic issues and re-zoning issues. Voracek, Trygg, Merkley, Graves, Garry and Pawlenty voted in favor ; Wilkins voted against. ORDINANCE AMENDMENT-CHAPTER 13-MODEL HOME PERMITS Assistant City Planner Jim Sturm explained the proposed ordinance amendment to the Commission. There was a brief discussion regarding the purpose of the amendment. Commissionmember Voracek questioned if there was a provision for an exception. Mr. Runkle stated it was the intent of the amendment to prevent exceptions. Merkley moved, Graves seconded, the motion to approve an amendment to Chapter 13 of the Eagan City Code regarding model home permits. All voted in favor. \.°*\ Agenda Information Memo December 20, 1988 City Council Meeting CONDITIONAL USE PERMIT/FLOUR BIN ON-SALE LIQUOR. WINE OR 3.2 BEER B. Conditional Use Permit for Flour Bin Inc. , to Allow On-Sale Liquor, Wine or 3.2 Beer in an NB District Located on Lot 1, Block 1, Flour Bin 1st Addition--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on November 22, 1988, to consider a conditional use permit application submitted by Flour Bin Inc. , requesting on-sale liquor, wine or 3.2 beer in a neighborhood business district. The APC is recommending approval to the City Council. Enclosed without page number is a copy of the application for the on-sale liquor license. For a copy of a report that was prep rd by the Wtment of Community Development, refer to pages ' / through For a copy of the APC action on this item, refer to page(s)g0g; ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow on-sale liquor, wine or 3.2 beer in a neighborhood business district for Flour Bin Inc. restaurant. O CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: FLOUR BIN INC. LOCATION: LOT 1, BLOCK 1, FLOUR BIN INTL. 1ST ADD. EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: NOVEMBER 22, 1988 DATE OF REPORT: NOVEMBER 14, 1988 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow on-sale liquor, wine or 3.2 beer in a Neighborhood Business district . The site is the existing Flour Bin Restaurant located on the southeast corner of Cliff and Nicols Roads . The Flour Bin Addition was final platted in January, 1985 and there were no specific conditions regarding liquor use on this lot or the second lot that contains the Rocky Rococo's restaurant. The City's police department has begun the liquor license investigation. If .pproved, this Conditional Use Permit shall be subject to: 1. An approval of the liquor license investigation. 2. .all applicable Code Ordinances. rnra r ti i tw q S7Av' I t �W II.7� ■'C' ' „ `\` � L.1 I.oce :9 • s (j_ '1 ` _ �itl�iljir?a! _------.. �''i mss'. 1y 7 rMW.pN = •" I MART ,-y '., o �.� OUcr fi -.� PARK , •�'+fir 7'tt"� ...5 t n.‘":." \ C. (-.''',.‘.1--id 7 .• .. . .."‘"7....' .I, 1 + r�� /IIII, ': !- �1 �''— ® it �' — A y. IL / W _1 �L 1° *!II lr '' , 2.. �� }i '% l ' — \,\\ ,w.,I i:L!j Or I G al _ .00 • . ' V'e"... ..77 F".' • .4 ti if Plik \\ ; isii - ;;',,111 . _ �1 �/ r 1, �J O,q` p M j m i "fan ime r . ". 111{Inut 4,1:4-44 r' y:: s v' L C �:' \N r::llri'CiiP� i �`� P 41 PUBLIC STREET/UTILITY FINANCIAL OBLIGATIONS: As a part of all Conditional Use Permit applications the City receives pertaining to a specific parcel of property, a search/review of the parcel ' s assessment history is performed. City records show no pending assessments of record. In accordance with present City policies relating to the financing of public street and utility improvements, the following financial obligations are identified for Council consideration: DESCRIPTION RATE QTY ANT Trailway (Cliff Rd. ) $ 13.00/ff 183 $ 2, 379 Street (Cliff Rd. ) 111 . 70/ff 108 12, 064 Street (Nicols Rd. ) 111 . 70/ff 40 4,482 TOTAL PROPOSED FINANCIAL OBLIGATION $18,925 1 i I 1 1 �.,.--• d. i."--•.— SI II Il 1 ' I .4';';';:-- ,ai• • r I . , ---pa - � • k '• — 1 n i I II 1 I I . 1 i---I t I. �_'\' j-i I xi i N-...-.111-: Ili • II I 1 'j-r—: 'i N , j O I, �j !:-'Ei'fi'a I •.i II I ‘ } I I I [Is . If' : t i I I!i i;II I r' ; ' j s � It 0 i ;: :!#7, II ;.I II _4• ., c;1 : I, , , : : : _ I I •I ` t ; .. -. � ' - I I — I•I -I I`= 1 -' ": X/13 l ii:.:1`30 . i I 1 I 1 I :: 1 1 .1 .Q� _•—. •�'—i• --1 it R) 'I :f1r; 'r u1ch J I — -.2_=_-4_...--- --'� �; I.+� I 1 it /1 • I Hi: .• V. 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' ft 11 11 1 f y g: 11ta !pat Et 11 ( � IIIII ' ' 1111 '' ==i I i , ? �i d ii, illilll 'Illtitill ; Iii ia'� 3t �t ! .t i( i IU1 t ( Its I o (. : : -' i ill ! i 1• !y: ! t -t iii! 1 1 1 1 i �! 15 4 3 !i s n ;1�2 i d c3 ! s • • SURVEY FOR —e =ac RAND PROPERTIES ==ti James R. HIII, IIIC. °' PLANNERS/ENGINEERS/SURVEYORS 'A e • . 'es I.e.oC• I.nova a.sat.U.t1O•.•e..•..near. .•a.•.•.•OI.COY•.• r. I. .4._ WI,•••yy-t'.•1•••••■■••w••■.••../..I•.• I 1 , f ,iMrr rr_rr• mot_-'- .c.I Fit_v+t_�".__..-..v ti.ituy--a L.�—.� I r;:';,-_ ■ ■ •,pry+I _ j7 v I; 1�.4I r l I a ''i ' i _= 1 n.f--i-�1 !t "\I .i fi r= ='lo�:�l'<;� t II I w l: 1 1 ,t ',\ \�;,a\� fi ;I I D l r \rJ- 1 I I i iliOlil!!: 1I II �` 1 . I i I i I �' \ I Or ZO a a �:. :_1iJI t,. I� I,. if II I ,I —�l I r- 17 0 . ;I ..• ;I"' r := _ _ :!!!!!!!!!if lr j is I ;s i:— I�;"'I-'— —�•�_,_..—� li !`'::: Si g! 4-. :�,1_...— r:�..I✓ I I i it 4.1 as I I i JD o ' RI Ili I It.--�--- 1 — II.: t• f�i III I(t ' . ;�\ I _; �k �. CO+• I `•1 I .NY•M .14 W _\_ II I• 1. f 1 /4.w��_r.1 / •I" co W ( • .`. •.( I i . , Fri I .hem•_i Page 2/ADVISORY PLANNING COMMISSION November 22 , 1988 RE-ZONING/CITY OF EAGAN/WELL NO. 13 ie first public hearing of the evening was convened by Chairman Pawlent in regard to the re-zoning of Lot 11, Block 1, Thus Lake Addition, rom Single Family to Public Facility for WelktIo. 13 located at t northeast intersection of Lake Park Dr a and Cliff Road in the so beast quarter of Section 28. Assistant Cit ,Planner Jim Sturm informed lie Commission that the re-zoning application was unanimously alp* oved by the APC at its October 25, 1988 meeting,. however, individ =ls within 350 feet of the subject property did not re - -ive written otice. He stated the public hearing was to ensure proper - sal not ication. Voracek moved, Wilkins second- . the motion to close the public hearing and approve a Comprehens' - e Guide Plan amendment for Lot 11, Block 1, Thomas Lake Addition •r Well Na,., 13 located at the northeast intersection of L. * Park Drive a Cliff Road in the southeast quarter of Secti, 28. All voted in- avor. Voracek moved, ygg seconded, the motion to pprove the re-zoning of Lot 1, , Block 1, Thomas Lake Addition, fctom Single Family to Public acility for Well No. 13. All voted in-,favor. r Commissionmember Graves questioned if the fence that d been knocked over had been repaired. r 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 Addition 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 V Page 3/ADVISORY PLANNING COMMISSION November 22 , 1988 the matter. Assistant City Attorney Mike Dougherty stated that proposed condition number 2 required the applicant to conform to state statute. Merkley moved, Trygg seconded, the motion to close the public hearing and approve 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 Aadition on the southeast corner of Nichols Road and Cliff Road, subject to the following conditions : 1. An approval of the liquor license investigation. 2. All applicable code ordinances. Voracek, Trygg, Merkley, Graves, Garry and Pawlenty voted in favor ; Wilkins voted against. COMPREHENSIVE GUIDE PLAN AMENDMENT/RE—ZONING/PRELIMINARY PLAT/EPISCOPAL CHURCH ADDITION/SAINTS MARTHA AND MARY CHURCH • airman Pawlenty convened the public hearing regarding a-' i Compreh= sive Guide Plan amendment changing the land designation from D-III Mi -d Residential (5.4 acres approximately) to Publ4-d Facilitie a re-zoning from R-4 (Multiple) within the ,Lexington South Plan -d Development to a Public Facilities district and a preliminary ,lat consisting of one lot located at the northeast intersection .f Lexington Avenue and Diffley Road in the southwest quarter of Sec■ 'on 23. Assistant Ci . Planner Jim Sturm informed the Commission that the City' s Land Use Plan designated the area Mixed Residential which allowed six to twelv- units per acre and=therefore, an amendment to the Comprehensive Guid- Plan would be necessary. He also stated that there was an access prob'. em and that the County, City owners of the Soderholm area, and the c rch would need to agree on where the accesses were to be allowed. Community Development Dir- tor Dale Runkle stated that the Kirchner Addition would be exclu'ed from the plat. Pastor George Martin` informed she Commission he was available for questions. Jim Haagland ( venant Church) quesioned if the access would have an effect on eir development and acess. Mr. Sturm stated it was a County dec. ion and that the City could not guarantee anything until the appli ation was received. Commiss' nmember Wilkins questioned if Lexington Way was to be a cul-de-sac. Mr. Runkle stated it would be a cul- -sac. Wilkins 7 co Agenda Information Memo December 20, 1988 City Council Meeting EPISCOPAL CHURCH ADDITION C. Comprehensive Guide Plan Amendment for the Episcopal Church Addition, Land Designation Change for D-III to PF, a Rezoning from R-4 to PF and a Preliminary Plat Consisting of One Lot Entitled Episcopal Church Addition--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on November 22, 1988 to consider a Comprehensive Guide Plan Amendment from D-III to PF, a rezoning from R-4 to PF and a preliminary plat entitled Episcopal Church Addition, consisting of one lot as submitted by the SS Martha and Mary Church. The APC is recommending approval with the modification of the plat being revised to exclude Lot 1, Block 1 of the Kirchner Plaza Addition. For a copy of the City staff report, refer to pages ('' through At the Advisory Parks and Recreation Commission meeting held December 1, 1988, it was the recommendation of the commission that the parkland dedication consider the following: 1) that the church be responsible for an 8 ' bituminous trail along Lexington Avenue and Diffley Road and 2) the proposal be subject to a cash parkland dedication with any change in land use other than a church facility. For a cop o the APC action on this item, refer to pages /Ot/ through jv R ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) the Comprehensive Guide Plan Amendment from D-III to PF, 2) a rezoning from R-4 to PF and 3) a preliminary plat entitled Episcopal Church Addition. n CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLAT (EPISCOPAL CHURCH ADDITION) APPLICANT: SAINTS MARTHA & MARY CHURCH LOCATION: SW 1/4, SECTION 23 EXISTING ZONING: R-4 WITHIN LEXINGTON SOUTH PLANNED DEVEL DATE OF PUBLIC HEARING: NOVEMBER 22, 1988 DATE OF REPORT: NOVEMBER 15, 1988 REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of 5.4 R-4 (Multiple) zoned acres within the Lexington South Planned Development to a PF (Public Facilities) district and a Preliminary Plat consisting of one lot for a church located on the northeast intersection of Diffley Road and Lexington Avenue. The City's most recent Land Use Plan designates this area D-III, Mixed Residential, (6-12 units per acre) , therefore an Amendment will be necessary. EXISTING CONDITIONS: The site is open grassland and has no significant vegetation except for the row of pine trees by the two single family homes. The eastern house was purchased by the church and has been included in the plat. They intend to use it for qhristian education purposes . The ultimate goal is to purchase the other home and remove both of them with later phases of the church expansion. SITE PLAN: The first phase of the church should accomodate the church's needs for approximately 6-10 years. Other additions may be added for the main sanctuary, education, and fellowship areas. Code requires one parking stall for each 3-1/2 seats in the main assembly area. Ninety-seven stalls have been provided and only 250 seats will be used in the first phase. Four hundred to five hundred seats are planned in the ultimate design. There is ample open area (approx. 1.2 acres) for recreational space or future parking. All building setbacks meet code requirements. Parking needs to be 20' from the northern property line. In the future, a 50' building setback will be required along the public streets and the current site plan does not conform to that. It would be best to shift the building to the northeast with this initial development. The access along Lexington Avenue was designed to line up with that in the Soderholm Addition. However, that plat was denied by the City Council earlier this year for several reasons, one of which was the water reservoir site has not been finalized. As proposed, the Soderholm access crossed City property. Therefore, the County, City owners of the Soderholm area, and the church, is.It Its rf<-•as ry- .e11•••.-.-.R •. t. -,=.iLW-A f.b.i�. �i= . .. if ; i-_4 wY .hafs,jr 16+ * need to agree on where the accesses are to be allowed - regardless of the use . The County will not allow any access onto Diffley Road even though the use is changing from a possible 50 residential units to a use with peak ADT' s (average daily trips ) on Sunday mornings . The church will be constructed with rock faced block and a decorative wood soffit. The ultimate height will be approximately 30 ' . GRADING/DRAINAGE/EROSION CONTROL: The development is proposing finish parking lot finish grade elevations and proposed building pad elevations approximately 2 ' to 4' below the existing grade for Lexington Avenue and Diffley Road. Staff advises that the proposed 982 finished floor elevation for the worship center be raised to approximately a 984 elevation to assure proper drainage away from the proposed buildings. Comments relating to site drainage details will be addressed as a part of the final plat phase of development. Generally, the existing main line storm sewer in Lexington Avenue is of sufficient capacity and depth to accommodate a portion of the site generated storm water runoff. Utilizing the existing storm sewer in Lexington Avenue requires the reconstruction of the existing catch basin and lead immediately west of the proposed development. Dependent upon the details of the site plans submitted with the final plat, additional storm sewer may be required along the westerly side of the property in the area of the proposed fellowship addition and proposed sanctuary addition. The site plan submitted for the proposed development was reviewed for erosion/sediment control requirements. The following concerns are required to be addressed prior to final plat or issuance of a grading permit, whichever occurs first : 1. Rock construction entrances need to be installed at all ,ingress and egress points to the site. A detail needs to be provided on the plan showing the design of the proposed rock construction pad. Ingress/egress points need to be d6signated on the plan also. 2. Seeding and mulching specifications for the open space recreation area are required to be identified on the plan as well as a schedule for construction and revegetation. UTILITIES: Sanitary sewer service of sufficient depth and capacity is readily available along the westerly property line of the proposed development. The construction of the sanitary sewer along the easterly side of Lexington Avenue anticipated development in this area and the appropriate sewer service stub to the property line has been provided. Water main of sufficient capacity and pressure is readily available along the westerly boulevard of Lexington Avenue. A water service stub has been provided to the easterly side of Lexington Avenue to serve this proposed development. The development will be required to install fire hydrants in locations as directed by the City of Eagan Fire Marshall. O • STREETS/ACCESS/CIRCULATION: Public street access to this site is under the jurisdiction of Dakota County. The Plat Commission will recommend the one access shown from Lexington Avenue near the north property line with the understanding that the proposed development to the west will align their access opposite this approved access point. The County will require dedication of restricted access along the remaining portion of Lexington Avenue and along the entire length of Diffley Road. The existing driveway to the house on the east side of the plat will be allowed to remain as a permitted driveway as long as the use remains the same. The County is proposing to close the existing driveway access in the future if the use of the property changes. Although the County is not allowing access onto Diffley Road, the proposed Lexington Avenue access appears adequate to serve this site as proposed for Phase I development. The development will be required to provide a 30 ' wide driveway entrance from Lexington Avenue. Additional parking lot circulation details will be addressed as part of the building permit issuance phase of development. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The development will be required to provide the appropriate easement for the water main stub and the associated hydrant construction. No additional easement requirements are anticipated at this time. Dakota County Right-of-Way Guidelines require a 60 ' half right- of-way for both Lexington Avenue and Diffley Road. The development will be responsible for the adjustment of the sanitary sewer manholes and preserving the condition of the existing sanitary sewer line which runs along the westerly side of the proposed development. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. PUBLIC STREETS/UTILITY FINANCIAL OBLIGATIONS: A search of City records show the parcels proposed for development at this time show no pending assessments of record. The following financial obligations are identified in accordance with present City policies for the applicant 's information and Council consideration: DESCRIPTION RATE QUANTITY AMOUNT Storm Sewer Trunk .0126/sf 196,891 $ 2,481 (Lateral Benefit) Storm Sewer Trunk * .013/sf 196,891 $ 2, 560 Storm Sewer Trunk * .014/sf 16, 511 $ 231 DESCRIPTION RATE QUANTITY AMOUNT Lexington Ave. Trailway 13.00/ff 413 $ 5, 368 Diffley Road Trailway 13.00/ff 363 $ 4, 721 Diffley Road (Street) 48.05/ff 346 $16,627 TOTAL PROPOSED FINANCIAL OBLIGATION $31, 988 * The rate difference between the existing R-4 (Multiple Zoning) and the proposed Public Facility Zoning. All final financial obligations will be calculated based on the quantities and dimensions of the final plat and in accordance with the rates in effect at the time of the final plat approval. SAINTS MARTHA & MARY CHURCH CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, 81, 82, B3, Cl, C2, C4, D1, El, Fl, G1 2. The parking stalls shall be 10 ' wide. 3. The detailed landscaping plan will place emphasis on screening the parking areas from the public streets and the apartments to the north. 4. The City shall inspect the single family home to ensure all building codes are being satisfied. 5. The driveway onto Lexington Avenue will be finalized with all concerned parties. 6. All signage shall conform to Code requirements . 7. The proposed development is subject to additional requirements pertaining to grading, drainage and fire hydrant coverage with the final plat phase of development. 3 STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff 's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. R. Parks Dedication 1 . This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by 1 Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD _ G -- — 3.,.. 2_...-- 4 - -"7'75?rfi°.,e, -•• 1 TCH 1 144 --../- -r-s.k, 9 lb, . - tg i PATRICK ! PARK • Mi.- f Y EAGAN '.•:,.... - ' ■ a R\, SCHOOL. L-' ,\ 1 ' ' • 6. a 1..•OC--A(rre:›t*---1 .4„....:J '""•01111Ficu4.710GAN L r, R-3 RtKENS016• 1 A . rEVLEP: PLACE =7-C,SC/i lb = an AP 1.1 ADD . 4 Ir,„■ S/P P.. 2.-.- "t In' -.a. ..--. IIMINII. •mil ., i— . – •. CNASE P . ,, ,, , '''' ''.' . -: PA" n7.----... ... . 0,•, f----, 1:1— -Tr--iFF— mr---;ti7.7T---7-7- --......Rw, ..,. Ill ::e....1,..rzmwo,* . t-s........... ._—_____. . 4 4c,TC- -61'' v . II ...,•„, I... .-..,,,:e..-. •- . -- - .... I .• 2 f•,,••„.,..... - --,-.:.--_,-::;„-ei-.--,------L " . _ 7 y..-al i :14610 i f' rf.:1,1!i,4 $j 111L. / 1146.1.°P) r ., , ,.:;,:i.t. 1. 1,7„,.. ..,,,...., ..,_ . ) 1,.....„ .,.. ,.,• . i-4--, y\ II 1 :i ._,-; 4. 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J-s -r ` 884.0 V JPJ53 \_\ 89/.9 ' I 864.0 �\ Ii 880..4 J - 9 II NI s. 92 • • �� v I I n't•: 945. ` W; I - JP "421 o , I j 896.0 •'•`"• : 904.0 98� • J-ee L �L, N '_"`1L• '�; :^ 1.-11P-28 �� t`,r AC - 956.0 N �, ; ul1°, iFr�r tl [1-.- 969.4 L:...,-1-., ammo ...^:•— 1.:,:)......!41.1 tr: / ,.. ��r +� �. 964.0 4...P 3 2 _�: fit �_ ""'1 i 97/.7 879. LP-7.4 1.. 884. - 898.0' �I�VALNUT 'I, �'� - "7"--"90,3 51 ---NILL -- 8 3a i ' - �.: t- V 6 ANZ LAKE �- �AR 8936 684.4 f� 1 l.^.7.69 I ,hw�Or��B8,5"ARK �. ' :::::::::::::::::::::::::::::::::* . SUBJECT PARCEL . F_I G # I • city of eagan STORM SEWER approved: standard PUBLIC S f. WORKS MASTER PLAN 5 , DEPARTMENT • Page 3/ADVISORY PLANNING COMMISSION November 22 , 1988 the .,atter. Assistant City Attorney Mike Dougher-ty stated that propos • condition number 2 required the applicant to conform to state sta -. Merkley moved, - gg seconded, a motion to close the public hearing and approve a di- _tional .se permit to allow on-sale liquor, wine or 3 .2 beer in a Neigh:r_h• •d Business district located on Lot 1, Block 1, Flour Bin Interna -. gal 1st Addition on the southeast corner of Nichols Road and iff g•- • subject to the following conditions : 1. An approval ofr the liquor license inv igation. 2. All ap icable code ordinances. Vorac , Trygg, Merkley, Graves, Garry and Pawlenty vote - in favor; W . kins voted against. COMPREHENSIVE GUIDE PLAN AMENDMENT/RE—ZONING/PRELIMINARY PLAT/EPISCOPAL CHURCH ADDITION/SAINTS MARTHA AND MARY CHURCH Chairman Pawlenty convened the public hearing regarding a Comprehensive Guide Plan amendment changing the land designation from D-III Mixed Residential (5.4 acres approximately) to Public Facilities, a re-zoning from R-4 (Multiple) within the Lexington South Planned Development to a Public Facilities district and a preliminary plat consisting of one lot located at the northeast intersection of Lexington Avenue and Diffley Road in the southwest quarter of Section 23. Assistant City Planner Jim Sturm informed the Commission that the City' s Land Use Plan designated the area Mixed Residential which allowed six to twelve units per acre and therefore, an amendment to the Comprehensive Guide Plan would be necessary. He also stated that there was an access problem and that the County, City owners of the Soderholm area, and the church would need to agree on where the accesses were to be allowed. Community Development Director Dale Runkle stated that the Kirchner Addition would be excluded from the plat. Pastor George Martin informed the Commission he was available for questions. Jim Haagland (Covenant Church) questioned if the access would have an effect on their development and access. Mr. Sturm stated it was a County decision and that the City could not guarantee anything until the application was received. Commissionmember Wilkins questioned if Lexington Way was to be a cul-de-sac. Mr. Runkle stated it would be a cul-de-sac. Wilkins V2A Page 4/ADVISORY PLANNING COMMISSION November 22 , 1988 • questioned if the City should earmark where the roads would go in the area. Mr. Sturm stated staff had attempted to do that. Commissionmember Garry asked how far it was from the road to the well site. Mr. Sturm explained the distance. Chairman Pawlenty stated that the only safe access was the one proposed. Commissionmember Voracek asked that if the church was moved and there was also parking to the north, if there would be a problem with the parking. Mr. Sturm stated there would still be enough parking. Voracek questioned if the elevation was to be raised. Mr. Sturm stated an additional condition could be added. Voracek questioned if developers normally installed the hydrants. Mr. Sturm stated it was the developer' s obligation to install the hydrants. Commissionmember Merkley requested changes in proposed condition number 5 . Trygg moved, Wilkins seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment changing the land designation from D-III Mixed Residential (5.4 acres approximately) to Public Facilities within the Lexington Soutn Planned Development. All voted in favor. Wilkins moved, Voracek seconded, the motion to approve the re-zoning from R-4 (Multiple) within the Lexington South Planned Development to a Public Facilities district. All voted in favor. Trygg moved, Wilkins seconded, the motion approve a preliminary plat consisting of one lot located at the northeast intersection of Lexington Avenue and Diffley Road in the southwest quarter of Section 23 (Episcopal Church Addition - Saints Martha and Mary) , excluding Lot 1, Block 1, Kirchner Addition, subject to the following conditions : 1. The standard conditions of plat approval as adopted by Council action on September 15 , 1987, shall be complied with: A-1, B-1 , B-2, B-3 , C-1 , C-2 , C-4, D-1 , E-1, F-1 and G-1 . 2. The parking stalls shall be ten feet wide. 3. The detailed landscaping plan will place emphasis on screening the parking areas from the public streets and the apartments to the north. . 4. The City shall inspect the single family home to insure all building codes are being satisfied. o5 Page 5/ADVISORY PLANNING COMMISSION November 22 , 1988 5 . The access onto Lexington Avenue will be finalized with all concerned parties. The proposed access entrance to be constructed to a width of 30 feet. 6 . All signage shall conform to Code requirements. 7. The proposed development is subject to additional requirements pertaining to grading, drainage and fire hydrant coverage with the final plat phase of development. 8. The finished floor elevation for the worship center shall be at least 984 feet. All voted in favor. COMPREHENSIVE GUIDE PLAN AMENDMENT/RE—ZONING/PRELIMINARY/ PLAT/CONDITIONAL USE PERMIT — PARK CENTER ADDITION Ch- ' man Pawlenty opened the next public hearing regarding a Comprehensi Guide Plan amendment changing the land designation from D-III Mixed Res' .ential (21 .3 acres approximately) to Commercial Planned Developme , a re-zoning from Agricultural to a Planned Development distric a preliminary plat consisting of six lots and a conditional use permit or pylon signs located along the north side of Cliff Road, west of R. n Road in the southeast quarter of Section 3 . Assistant City Planner Ji Sturm Unformed the Commission that separate applications had been r eived by the City for the Park Center Addition, an office/retail . plex consisting of approximately 175 ,000 square feet. He stated th- fi st application was a request to re-zone 21.25 acres of the Agric • turaiNland to a Planned Development district. The second applicati• was fora preliminary plat consisting of six lots to be %eveloped in &Re phase. The conditional use permit was for pylon si • age only. He stated it would be necessary to amend the Com•rehensive Guide PlaR, Martin Colon (Fede al Land Company) introduced, the project to the Commission. Tim Urkloff p -sented an overview of the site plan He stated the developer ha. no problem with staff' s recommendation He explained why t, - land use would be appropriate due to th surrounding a -a. He also explained the landscaping, the pa ing and the phases o the development. Jim =enshoof addressed the transportation elements of the project He explained the traffic study and the access points. He also gave a summary of the meetings with the County. j Agenda Information Memo December 20, 1988 City Council Meeting SIXTY-DAY EXTENSION TO RECORD FINAL PLAT BUR OAK HILLS 2ND ADDITION D. Sixty-Day Extension to Record Final Plat for Bur Oak Hills 2nd Addition--The final plat for Bur Oak Hills 2nd Addition was approved October 18, 1988. The Harstad Companies is requesting a sixty day extension of the filing date which is December 18, 1988 until February 18, 1989. The Harstad Companies is in the process of recording documents with MnDOT that need to be filed prior to the final plat. Mr. Ken Briggs representing Harstad Companies will be at the City Council meeting to answer any questions regarding this issue. Both the Community Development and Engineering Departments are in agreement with the request. For a copynof Mr. Briggs letter requesting the extension, refer to page ��uu(( ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the sixty day extension for the final plat filing date of December 18, 1988 to February 18, 1989 for Bur Oak Hills 2nd Addition. • Harstad Companies December 6, 1988 Mr . Dale Runkle City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re : bur Oak Halls 2nd Addition Prrject No. 88-026 Dear Mr . Runkle: Hars,+ ad Companies is requesting a sixty day exten.ion 18, 1988) for filing the plat of Bur Oak Hills 2nd Ad i; , acrL are- cJr rent : y processing final conveyance and extinguishment dommea1-:t: for MnDCT entrance relocation . These documents need to be rc c( r ('ed prior to recording the final plat of Bur Oak Hill: Ar<sitar r: beca.:,.e these documents were prepared using legal do r t . :::_ a:• c_Irrentiy exists under the first Bur Oak Halls We have =c been trying to expedite the processing of these dc- ument:> an order to have the final plat recorded as soon as p;>sp. bie . This is a priority since some lots have already been c-omm: t*e:1 to builders with the desire to have a model home com, :et ed f om- the spring home preview show . Please call if you have any questions . Sincerely, HARSTA� - ` ES w 411110 Kenneth G Triggs Direc r of Land Development KGR : 7AS :cab YS 1 VVV • _ I� tp 1900 Silver Lake Road • New Brighton,Minnesota 55112 • Phone 636- QEALiore Agenda Information Memo December 20, 1988 City Council Meeting AMENDMENT TO MASSEUR/MASSEUSE LICENSE E. Request to Amend Chapter Six of Eagan City Code Regarding Masseur and Masseuse Licenses--Molly Belokopitsky who resides at 4561 Kirkwood Circle in Eagan sent a letter to the City of Eagan requesting consideration to amend the City Code 6.40, subd. 4D, to reduce or eliminate the restriction of a masseur only allowed to practice massage on a male person and a masseuse to practice massage on a female person. Ms. Belokopitsky is requesting that this language be either stricken from the ordinance or modified to allow women to massage men or women and men to massage women or men. Enclosed on pages ///0 through f/f is a copy of Ms. Belokopitsky's letter and also enclosed on pages (( Z through /13 is a copy of that section of the City Code regulations that address a masseur or masseuse license. The City staff has not studied this issue and, therefore, has no recommendation regarding a change. If the City Council desires, the City Administrator with the help of staff research and the Police Department would further review regulatory changes if so desired. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the direction to prepare an ordinance amendment to change Section 6.40, subd. 4D, of the City ordinance or direct the City Administrator's office to further study the request made by Ms. Belokopitsky with some specific policy direction. \.13 CI\ u Dear Mayor , and City Council , I would lite to site reasons why I thint: SECTION 6.40 SUB.4D of the City Ordinances pertaining to massage should be changed. I went to school at Sister Rosalind Gefre 's Professional School of Massage, and I have learned that massage has many healing benefits and is in no wav related to anything having to do with sex . I t.hint it. is time Eagan gets with the times and realizes that massage is a healing form of therapy and cancel the old ordinance that says that women can only massage women , and men can only massage men. I would lite to site many positive aspects of massage and have used as a reference the boot. SWEDISH MASSAGE, by Armand Maanum, and Herb Montgomery. It in my hope that the City Council will realize that it mates no difference if women massage men , or men massage women , here in the Cit./ of Eagan.. MASSAGE is one of the most ancient of the healing arts. MASSAGE is a gift you can give your body. MASSAGE puts you more in touch with your own body. Swedish massage was brought to the United States from Europe more than 100 years ago. The values of massage are recorded as long as 5,000 years ago when Chinese physicians used it as a treatment for paralysis and other- ailments. Today massage is a tool well thought of and used by nurses, physical therapists, chiropractors and osteopaths. Even a hand massage stimulates blood flow which in turn increases the delivery of nutrients as well as elimination of wastes to the body. t Massage creates an overall --Blind of relaxation and well being. Subd. 7. License Condition and Unlawful Act. A. All premises licensed under this Section shall at all times be open to inspection by any health or police officer to determine whether or not this Section and all other laws are being observed. All persons, as a condi- tion to being issued such license, consent to such inspec- tion by such officers and without a warrant for searches and seizures. B. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police or health officer from making such inspection. Subd. 8. Exception. This Section shall not apply to a health care facility (1) owned by a municipal corpora- tion organized under the laws of the State of Minnesota or (2) owned by the State of Minnesota or any of its agencies, or (3) licensed by the State of Minnesota. Subd. 9. Resident Manager or Agent. Before a license is issued under this Section to an individual who is a non-resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is a resident of the City as its manager or agent. Such resi- dent manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be a resident of the City or ceases to act in such capacity for the licensee without appointment of a suc- cessor, the license issued pursuant to such appointment shall be subject to revocation or suspension. SEC. 6.40. MASSEUR AND MASSEUSE LICENSE. Subd. 1. Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Massage" means the practice of rubbing, stroking, kneading, tamping, or rolling of the body with the hands, for the exclusive purposes of relaxation, physical fitness, or beautification, and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse who works solely under the direction of such person, physical therapist, athletic dir- ector and trainer, or beautician and barber who confine their treatments to the scalp, face and neck. (1-1-83) 158 Massage can reduce swelling , relax muscles, and relieve constipation. Jules Older , a psychologist who writes and spears about touching , and healing , presents a very positive view of massage for medical schools to include touch as part of their education. Appropriate touch , such as a theraputic massage can be a very important tool as a way of compassionate touching that can enhance an individual in many ways. The srin is the largest organ of the body. The skin is the only sense organ we cannot live without. A patch of sr in the size of a quarter has 12 feet of nerves and 25 nerve endings. E'.'en the tips of the fingers have over 1 ,CK►i► nerve endings. h nowi nn that the sr- i n is the largest sense organ of the body gives some idea of the positive benefits massage can have on an individual . Armand Maanum, and Herb Montgomery, the authors of SWEDISH MASSAGE suggest that the old massage parlors having to do with sexual activities ma exit because men are more "touched starved" than sex hungry. Thar .aput it massage offers appropriate touch and has nothing to do with sex . Author Ashley Montagu, says that the Western worlds preoccupation with sex , may in essence be a search for the satisfaction of the need of contact with people and not based on the needs of sexual interest at all . The many e.:periements done on humans and monr• ies who were starved of nuturing or affection by their mothers, gives another important aspect of the benefits that theraputic massage can have to anyone hungry to be touched in a safe and positive way. Massage in the City of Eagan could create jobs for Massage Therapists. Ashley Montagu believes that meaningful touch is lacking in our culture. Massage is a way of appropriate touch for any individual . Bh healing in massage, refers to the comfort , relaxation , relief , and sense of well being a person can have experienced from the massage. The other ways massage can heal cannot be explained although they can exist and is different for each pindividual . loSvV.A /val te, 9 •• /- l'ut"—woo-k: CO.Vh: Etkawl-s-, B. "Masseur" means a male person who, for compensation, practices massage. C. "Masseuse" means a female person who, for compensation, practices massage. Subd. 2. License Required. It is unlawful for any person to practice massage without a license therefor from the City. Subd. 3. License Application. All applications for a license to practice massage shall be accompanied by a medical certificate from a physician duly licensed to prac- tice medicine in the State of Minnesota stating that the applicant has no communicable disease. All initial applica- tions shall be accompanied by a non-returnable investigation fee. All initial applications shall also be accompanied by front and side view photographs and a complete set of fingerprints taken by the Police Department. Applications shall contain such other information as the Council may, from time to time, require. All applicants shall be at least eighteen (18) years of age. Subd. 4. Restrictions and Regulations. A. Whenever a massage is given it shall be required by the masseur or masseuse that the person who is receiving the massage shall have his buttocks, anus and genitals covered with an appropriate non-transparent covering. B. Any masseur performing any massages shall at all times have his anus, buttocks and genitals covered with a non-transparent material. C. Any masseuse performing massages shall at all times have her breasts, buttocks, anus and genitals • covered with a non-transparent material. D. It is unlawful for any masseur to practice massage on a female person or a masseuse to practice massage on a male person. SEC. 6.41. STABLES. Subd. 1. Definition. "Stable" means any yard, • pen, building, structure or place where hoofed animals are kept for the purpose of renting, leasing or providing them to others for a consideration. Subd. 2. License Required. It is unlawful for any person to operate a stable without a license therefor from the City. Subd. 3. License Restrictions and Regulations. 159 (1-1-83) � ( 3 Agenda Information Memo December 20, 1988 City Council Meeting CITY CODE AMENDMENT/MODEL HOME PERMITS F. Amendment to Chapter 13 of Eagan City Code Regarding Model Home Permits--A public hearing was held at the Advisory Planning Commission meeting held on November 22 to consider an amendment to Chapter 13 of the City Code regarding a change in regulations regarding model home permits. The APC is recommending approval of the amendment as presented. The language changes to the model home provision of the City Code essentially require that model home area be designated on the preliminary plat, that the model home area shall exist for a time period specified in the development contract and, finally, that no model homes can be constructed prior to final plat approval by the City Council. These regulatory changes will safeguard against homes being built without a final plat ever receiving approval by the City Council and eliminate the possibility of a home being sold and occupied prior to final plat approval and more importantly the construction of water and sewer, streets and other 'use ices required at the time of occupancy. Enclosed on page /i. is a copy of the City Code revision. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to Chapter 13 of the Eagan City Code regarding model home permits. I / SEC. 13.20. GENERAL PROVISIONS Subd. 1. Model Homes. Model homes or dwelling units , in a number authorized by the Council, may be permitted in any residential subdivision subject to the following conditions: A. The model home area shall be designated on the pre- liminary plat, reviewed by the Planning Commission, and approved by the Council . Said approval shall include an approved site plan detailing the area so designated and temporary improvements such as public parking areas, non-residential structures and/or similar improvements normally associated with a model home area. B. The model home area shall exist for a time period specified in the development contract or until the project is sold out or rented out, whichever shall be sooner. At the end of said time period, the subdivider shall be required to restore the area to a normal residential character unless a time extension is granted by the Council so that the model home may serve to advertise another area. C. The City may require a bond, in an amount determined by the Council, to insure restoration of a model home area. D. Signs in a model home area shall be regulated by City Code Section 4.20 and amendments thereto. E. Individual units, built on speculation, with no exterior alterations for model home purposes shall be exempt from these requirements . F. Model homes may not be constructed prior to final plat approval by the City Council . G. Model homes may be constructed prior to the availability of public utilities, but not occupied as residential living units until public utilities are connected to the dwellings. Agenda Information Memo December 20, 1988 City Council Meeting AMENDMENT TO CHAPTER TWO OF THE EAGAN CITY CODE REGARDING ELECTED OFFICIALS' SALARIES G. Amendment to Chapter Two of Eagan City Code Regarding Salaries of Mayor and City Councilmembers--Preparation of the 1989 budget included a compensation survey that was prepared by the City Administrator for salaries paid to mayors and city councilmembers of other suburban communities in the seven county area with a population exceeding 20,000. Attached on page in is a copy of that survey. It is apparent by the study that the rate of compensation for Mayor and City Councilmembers in Eagan is low compared to cities whose population exceeds 20, 000 or 30, 000 as the survey indicates. In attempting to compare Eagan to other cities of comparable population (43, 000 to 46, 000) it was recommended that the salary range be increased to $7,200 for Mayor and $5,400 for each City Councilmember. The change in salary, though considered as a part of the 1989 budget would not actually be implemented until 1990 following the next municipal election. According to state law, elected officials can vote a salary increase, however, it cannot take effect until after the next municipal election which will be held in November of 1989. The most common practice is for new salaries to take effect on January 1, when the new terms of office begin. However, the statute allows the ordinance to take effect anytime after the election, so a change could take effect as soon as November 8, 1989. The ordinance as prepared considers the salary increase to be effective January 1, 1990. A copy is enclosed on pages `\O through l l ;\ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a City Code revision to Section 2. 11 changing the Mayor's salary to $600 per month and each City Councilmember's salary to $450 per month as presented. ` `C 1988 1988 20,000+ POPU- SALARY SALARY CITY LATION MAYOR COUNCIL INVER GROVE HTS 20003 3300 2900 SOUTH ST PAUL 20434 7200 4200 COTTAGE GROVE 21164 6600 4800 GOLDEN VALLEY 21527 7536 5652 NEW HOPE 22785 6925 4901 WHT BEAR LAKE 22991 4800 3600 NEW BRIGHTON 23324 5700 4500 SHOREVIEW 23473 5460 4200 CRYSTAL 25009 7068 5358 MAPLEWOOD 28927 5500 4600 FRIDLEY 29310 7500 5475 BROOKLYN CENTER 29759 6480 4140 APPLE VALLEY 29776 6300 5400 EDEN PRAIRIE 30712 6000 4800 MAPLE GROVE 33449 6600 4800 ROSEVILLE 34608 6600 5100 BLAINE 35566 7008 5316 RICHFIELD 36828 7000 5435 EAGAN 39225 4500 3600 MINNETONKA 43025 7200 5040 ST LOUIS PARK 43363 7200 4800 PLYMOUTH 43834 7500 5400 BURNSVILLE 44353 6000 4200 COON RAPIDS 44599 9000 8000 EDINA 45924 5850 3900 BROOKLYN PARK 52392 9720 6480 20000+ AVERAGE: 6560 4869 30000+ AVERAGE: 6937 5144 EAGAN ACTUAL: 4500 3600 The City Administrator is recommending a salary range of $7200 for the Mayor and $5400 for each City Councilmember. The difference in compensation is consistant with the cities surveyed with a population of more than 30,000. The elected position of Mayor is expected to attend ceremonial functions, meetings and other events that require an additional time commitment and out-of-pocket expenses. g 11 M E M O R A N D U M TO: Finance Director/City Clerk Eugene VanOverbeke FROM: Joseph P. Earley, Assistant City Attorney DATE: November 7 , 1988 RE: City Code Revisions/Salaries of Mayor and Councilmembers Please find enclosed an amendment to Section 2 .11 of the Code changing the Mayor' s salary to $600.00 and each Councilmember ' s salary to $450 .00. Please let me know of any questions or concerns regarding this amendment. JPE/dj k cc: Tom Hedges ti ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING CITY CODE CHAPTER 2 , ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2 .11 REGARDING SALARIES OF MAYOR AND COUNCILMEMBERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2 .99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Section 2 .11 entitled "Salaries of Mayor and Councilmembers" is hereby amended by changing Subd. 1 , Subd. 2 and Subd. 3 to read: Subd. 1 . The monthly salary of the Mayor shall be $600.00 . Subd. 2. The monthly salary of each Councilmember shall be $450.00 . Subd. 3 . The salaries provided for herein shall be effective January 1 , 1990 . Section 2 . This ordinance shall be applicable to every chapter, section or other provision of the Eagan City Code. 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 : City Clerk Its : Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper : \ ■5\ Agenda Information Memo December 20, 1988 City Council Meeting 1989 SALARY ADJUSTMENT FOR CITY EMPLOYEES H. 1989 Salary Adjustment for City Employees--Each calendar year the City Council gives consideration to a cost of living adjustment to wages paid to non-union personnel. The City Administrator has surveyed other metropolitan municipalities which are giving 3.5% and 4% increases. The consumer price index was also reviewed. Unfortunately, the full one year results of the most recent CPI will not be available until February or March. The City has been compensating all non-union personnel for total single health insurance coverage as well as the lowest premium for family coverage. Section 89, a new federal statute require- ment is impacting how the City provides certain benefits such as life insurance. For a complete review of the wage recommenda- tion, health insurance adjustment and proposed life insurance adjustment, refer to the enclosed copies without page numbers. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To adopt a wage increase of 3.75% - 4% for all non-union personnel in 1989, 2) to adjust health insurance premiums to reflect the total cost of family coverage for the least expensive provider and 3) to adjust all other benefit requirements as stated in the attachment to include i.e. life insurance, etc. Sao Agenda Information Memo December 20, 1988 City Council Meeting COST PARTICIPATION/DNR DEER POPULATION SURVEY I. Cost Participation for DNR Deer Population Survey--The City of Eagan has received a call from John Parker from the DNR requesting a cost participation agreement from the City of Eagan to study the deer population throughout the community. The cost of the study is approximately $500. The DNR is attempting to request payment by Dakota County for 50% of the expense. The last survey taken by the DNR was at a cost of $150 per hour for rental of a helicopter. Enclosed is a copy of a letter from John Parker representing the Department of Natural Resources requesting the cost participation agreement referenced as page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny cost participation with the Department of Natural Resources to evaluate deer population within the City of Eagan. STATE OF DEPARTMENT OF NATURAL RESOURCES PHONE NO (619) 445-9393 FILE NO December 14, 1988 Area Wildlife Office 223 Holmes Street, Room 101 Shakopee, MN 55379 Administrator and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 SUBJECT: RESULTS OF 1988 DEER CENSUS, REQUEST FOR 1989 FUNDING ASSISTANCE, AND RESULTS OF THE 1988 SPECIAL HUNT DEER CENSUS In January, 1988 the Department of Natural Resources did an aerial census of deer in the lower Minnesota River Valley. This included Fort Snelling State Park, the Minnesota Valley National Wildlife Refuge, Eagan, Burnsville, and portions of Apple Valley, Rosemount, and Bloomington. At about the same time, Hennepin County Parks conducted a similar census of Murphy-Hanrahan, Cleary Lake, and Hyland Park Reserves and vicinities. This was the first year that DNR surveyed cities away from the core management units. We felt that this census data was needed to help the cities, the DNR, and the Refuge make decisions about the managment of deer. Since the distribution of deer in winter changes with weather and food and cover availability, I believe that this entire area should be included whenever surveys are done. If we survey only part of the area, observed increases or decrease in the population could be due to movement. Since the DNR budget would not allow the entire area to be surveyed, I requested assistance from adjacent cities of Eagan, Mendota Heights, and Burnsville. Full funding for helicopter rental was provided by Burnsville and partial funding was provided by Eagan. The DNR and US Fish & Wildlife Service provided personnel and a fixed-wing aircraft to located potential deer-wintering areas in the survey area. Standard surveys of the Park and wildlife management units and immediate vicinities were funded by DNR and US Fish & Wildlife. In Eagan the census was completed in 3.3 hours on January 28 by helicopter. The helicopter rental cost was $600. I believe that the city paid $370. Enclosed are two maps showing where deer were observed in the census. A total of 143 deer were observed in 14 areas. Areas on the map outside Eagan or west of Highway 13 are not included in this cost. Our research indicates that only 75% of deer are observed in this type of survey. Thus we would estimate that the deer population of Eagan east and south of Highway 13 was about 190. This is 6.4 deer per square mile or about 1.5 times the density for Dakota County as a whole (4.0 per square mile) . About 35% of the deer observed in Eagan were in Lebanon Hills Park and immediate vicinity. FUNDING REQUEST I request that the City of Eagan reimburse the Department of Natural Resources for 65% of the helicopter rental cost for the deer census in Eagan east of Highway 13 in 1989. Maximum cost could be $325 - $400.00 depending on the actual time spent and cost bid per hour. The remainder of the cost will be paid by Dakota County Parks as authorized by Chuck Lowery. The 65% is based on the proportion of deer counted outside the Park. Actual flying time is likely AN EQUAL OPPORTUNITY EMPLOYER em l - -2- to be more than 65% since the areas are scattered. SPECIAL HUNT RESULTS Below are two tables summarizing the results of the 1988 shotgun deer hunt authorized by Eagan and others. We had 92 permits available, and we issued only 62 permits due to lack of applications. 50 deer were taken by shotgun hunters; one deer was illegally taken by a bow and arrow hunter in the Black Dog Unit, Burnsville. No Special Bow and Arrow Season was offered in the Fort Snelling hunting unit (Eagan) . Sharpshooting will be conducted this winter by state and federal law enforcement officers in Burnsville (Black Dog Unit) and Bloomington (Long Meadow Unit) . The goal will be to remove and additional 150 deer. Bow and Arrow hunting will continue in the Black Dog Unit until December 31, 1988. Sincerely, ‘....._ fig i c 7 on M. Parker, Area Wildlife Manager //,/57,1 cc: Roger Johnson Chuck Lowery, Dakota County Parks 1 I 1 p-- 3 -3- Table I. Numbers of hunters in hunting compartments by date of the Minnesota Valley Special Shotgun Hunt 1988. DATE Total Hunting Compartment Nov. 5 Nov. 6 Nov. 12 Nov. 13 Permits available Fort Snelling (F1) 33 31 No Hunting 50 Long Meadow (LM) 1 3 3 1 2 3 2 3 3 3 4* 3 3 7 4 6 3 8 Black Dog (BD) 1 10 5 6 11 14 2 3 2 7 6 13 Totals 59 48 23 26 * = One hunter left and was replaced. Table 2. Dates, locations, sex, and age of deer killed in the Minnesota Valley Special Shotgun hunt 1988. 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RE EAGAN CITY COUNCIL • EAi #* .M:INN ,F,SOTA DECEMBER 6, 1988 A regular meeting of the Eagan City .Council was held on Tuesday, December 6 , 1988, at 6 :30 pviti.4. 4V *.a6..Ti4an Municipal Center. Present were Mayor Vic Ellison and Caririci.3 fre -be . Wachter, Egan, Gustatson and McCrea. Also present were City Admit23.strator Tom Hedges, City Engineer Tom Colbert, Community D4velopm nt Director Dale Runkle ana City Attorney James Sheldon. . • • AGEkIDDA City Administrator Tom Hedges introduced Becky Comstock, an environmental attorney retained by the City in regards to the Seneca Waste Water Treatment Plant. Ms. Comstock updated the Council regarding the proposes agreement and stated the negotiations were not yet final. It was suggested •t3 e• • eneca item be continued to the December 20 , 1988, Council me•etsg.., Egan moves, McCrea seconded, the .mcttaon to approve the agenda as amended. All voted in favor. MINUTES November 15. 1988 . Mayor Ellison requested the following corrections: Page 12 , paragraph 4 , ".23-.f.o.o.t 3.W...ance" to replace "50-toot variance". Page 15 , paragraph 5 , "warnin.•g: after :the first snowfall " to replace "warning after the first V: Olatiab", . . . second "violation", . . . third "violation". Councilmember Egan requested the inclusion of the staff conditions in the motion on page 8 regarding the Seneca Plant Addition as follows: 5 . The standard conditions of plat airoval as adopted by Council action on September 15 , 1987, shat be complied with: Al, Bl, B2 , B4 , Cl, C2, C4 , D1, El , 6 ;.i anct :�#..: 6. Either condemnation is expedited or the owner of the property sign the preliminary plat application befire the preliminary plat will be approved. Page 2/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 7. The applicant must a eet all ET$• .•and PCA rules ana regulations for the development of this. roperty. . 8 . The development is req•a0d .t•o limit the elevation of the proposed earth mounds to not exceed the elevation of 780. City Administrator Tom Hedges informed the Council that the adoption of a resolution regarding the 1989 Community Clean-up Year was necessary. Gustafson moved, Egan seconcte:afi, th:e: motion to adopt a resolution to participate in the 1989 Community Clean-up effort. All votea in favor. Wachter moved, Gustafson. •se-contg4:, the motion to approve the minutes for the November 15 , 1988, regular Council meeting as amenaed. All voted in favor. November 29. 1988. Wachter moved, Gustaf son. conded, the motion to approve the minutes for the November 29 , 1M* :special Council meeting as presented. All voted in favor. • November 22 . 1988. Egan moved, McCrea secattr'•ied, . the motion to approve the minutes for the November 22 , 1988, special Council meeting as presentea. All voted in favor. October 27 . 1988. McCrea moved, Egan sec r e.d.,. ' e. olo jon to approve the minutes for the October 27 , 1988, specie •CaUn•cii"meeting as presented. All voted in favor. • FIRE PREVENTION :POSTE•R• WINNERS Mayor Ellison ana Fire Chief Southorn officially recognized the winners of the fire prevention poster contest. DEPARTMENT BEAD BUSINESS Mike Reardon reported to the Counci •'regarding the cable awara ceremony. Page 3/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 CONSENT AC0033A A. Personnel Items. 1. Street Maintenance Supervisor. It was recommended to approve the hiring of Thomas Struve as Street Maintenance Supervisor, subject to successful completion of the City' s physical examination requirement. 2 . Winter Seasonal Park Maint:enan00 ;Worker. It was recommenced to approve the hiring of Cary Stevens, M, ke Finnegan and Steve Baehr as winter seasonal park maintenalt a workers. 3 . Winter Seasonal Recreation •:S .a.f•f. It was recommended to approve the list of winter seasonal recreation staff for the 1988-1989 skating and sliding season as presented. B. Plumbers' Licenses. It was recommended to approve the plumber licenses for AAA Plumbing by Newstrom, Inc. ; a :eie:x numbing; Klamm Mechanical Contractors, Inc. ; Main Line Piumbib: : : .and Weidner Plumbing & Heating, Inc. C. City Contract, Receive..:$ .(WAward Contract for Recyclable Containers. City Administrator Tom Hedges informed the Council that a letter had been received from Shamrock Industries regarding the bias. Mark Smiley of Shamrock Industries informed the Council he was concerned that the containers' bids were not similar. Mr. Hedges commented on Mr. Hohenstein' s research r:eg :rya :i g : :he: Tatter. Councilmember McCrea questioned if Rehrig Pacific tompany'••Waa's• based in Minnesota. Mr. Smiley stated they were not based i:n Min;# esota. There was discussion regarding the specifications and warrant4b s on the bids. • McCrea moved, Wachter seconded., the: botion to continue Consent Agenda Item C. to the December 20 , 1988, Council meeting to allow for rebidding and notification to the original bidders of revised specifications regarding solid bins and warranties. All voted in favor. D. Approve Final Plat. All Saints 4 dition. It was recommended to ap. :c} a: t... .al plat for the All Saints Addition and authorize the Mayor' anU• City Clerk to execute all related documents. Page 4/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 E. Approve Final Platr:::Sunrise Hipp Addition. It was recommended to 4140QV.e. .the: :final plat for the Sunrise Hills Addition and authorize th0. :MayDr and City Clerk to execute all related documents. F. Vacate Drainage and Utility Easement. Receive Petition/Order Public Hearing (Blue Ridge Addition) . • It was recommended to •r.eteW.* thee p:tition to vacate a common lot line drainage and utility ea$•einent 36:thin the Blue Riage Addition and schedule a public hearing to „be he14. .January 3 , 1989. G. Contract 88-33 , App v •. k•44fitithorize Ads for Bias (Well No. ,3 Pumphouse) . It was recommended to approve the plans for Contract 88-33 (Well No. 13 - Pumphouse) and authorize the advertisement tor a bid opening to be held at 10:30 a.m. on Thursday, December 29, 1988. H. Contract 86-12, Appr:Q ft:cj}ange Order No. 3 (Wells No. 8 and 9 - Pumping Facilities) . It was recommended to approve Chaygt=r Order No. 3 to Contract 86-12 (Wells No. 8 and 9 - Purn i.n.g: Spilities) in the amount of $5 ,914 .66 and authorize the Mayo' •and City Clerk to execute all related documents. I. Contract 88-37, Approve Change Order No. 1 (General Electric Supply Company - Storm Sewer) . It was recommended to .approv.e. Cba.nge Order No. 1 to Contract 88-37 (GESCO - Storm Sewer). 14 the. :atcini t of $2 ,330 .49 and authorize the Mayor and City Clerk to execute all 'related documents. J. Contract 85-18. Final Acce: tance•..:"'(UPS Addition - Streets and Utilities) . It was recommended to approve Contract 85-18 (UPS Addition - Streets and Utilities) for final acceptance and perpetual maintenance. K. Contract 87-J. Final Acceptance l?inecrest Addition - Streets and Utilities) . It was recommended to alt ?r:#:i:e: :t60:.:f:inal acceptance of Contract 87-J (Pinecrest Addition - Streets and Utilities) for perpetual maintenance. Page 5/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 L. Receive Bids/Award;.•contract (fi: .e Station No. 1 - Parking Lot) . Councilmember Egan quest'ionid.• #•f staff was satisfied with the bids. Public Works Director Tom Colbert stated all bids were similar and that the engineering report probably underestimated the costs. Councilmember Wachter suggested continuing the matter until next spring. It was recommended to tejec :th'e •fads for Contract 88-28 (Fire Station No. 1 - Parking Lot) , to• be rebid in the spring of 1989 . M. Project 557 . Receive Fe•At;bili, :Report/Order Public Hearing (Mallard Park 3rd Addition :4. :S ee ,_;Ei:4ts) . It was recommended to receive the feasibility report for Project 557 and schedule a public hearing to be held for January 17 , 1989. N. Contract 88-34, Reject Bids (Alden Ponds - Streets and Utilities) . It was recommended to recei:v4• .and .reject the bids submitted for Contract 88-34 (Alden Ponds - Streets •and. Utilities) and cancel the related City contract. • 0. Contract 85-II. Fi44..•Ac•ceptance (Sunset 10th Addition - Utilities) . It was recommended to authorize the final acceptance and perpetual maintenance of Contract 85-II (Sunset 10th Addition - Utilities) . P. Contract 87-0. Finn; .4co jfa:n.c :,:Wanbury Place - Streets and Utilities) . It was recommended to approve: the f nal acceptance for perpetual maintenance of Contract 87-0 (DanI tkry PIACe - Streets and Utilities) . Q. Contract 87-GGG. Final Acceptance (Patrick Addition - Streets and Utilities) . It was recommended to accept for pexpetual maintenance the improvements installed under Contract 87 iGG (Patrick Addition - Streets and Utilities) . R. Contract 86-Y. Final..AC :p€4.z .•:• _8lackhawk Glen - Streets and Utilities) . It was recommended to approve the f: iial acceptance for perpetual maintenance of Contract 86-Y (Blackhawk Glen - Streets and Utilities) . Page 6/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 S. Contract 87-21. Sixt ...and F rna1 Payment/Acceptance (Eagan Hills Farm - Trunk Utilities .;. • ' • It was recommended to authorize the sixth and final payment for Contract 87-21 (Eagan Hills Farm - Trunk Utilities) and authorize final acceptance of perpetual maintenance. T. Contract 87-23 . Appryyg..: h: :gider No. 1 (Stratford Oaks - Sanitary Sewer Stub) . • It was recommended to approv4 Change. Order No. 1 to Contract 87-23 (Stratford Oaks Addition. .- Sani.t:a:ky Sewer Extension) in the amount of $1 ,781 .00 , and aiathoXize fh: : Mayor and City Clerk to execute all related documents. Councilmember Wachter had concerns regarding Items U. , V. , and W. regarding the Change Orders. There was Council discussion regarding the Change Orders. U. Improvement Contrat€.. ill;:lk,..Cjlange Order No. 4 for Carnelian park. It was recommended to approve •C1 a:nge Order No. 4 of Improvement Contract 87-1 for an amount of 2:;:5:0O .0i and authorize the Mayor and City Clerk to execute all r.aatd documents. V. Improvement Contract 88-7 . Change Order No. 2 for Miscellaneous Work Items for Various Parks. It was recommended to approve Change Order No. 2 of Improvement Contract 88-7 for an amount :c :$21.4:3:53 and to authorize the Mayor and City Clerk to execute all tilated-Odaments. W. Improvement Contract 88-18:... Chang0 Order No. 1 for Thomas Lake Pavilion. • It was recommended to approve Change Order No. 1 to Improvement Contract 88-18 for an amount of $11 ,328.00 and authorize the Mayor and City Clerk to execute all related documents. McCrea moved, Egan seconded, the mo:tl:on to approve the foregoing consent agenda items and authorize their:''' mplementation. All voted in favor. VACATION/GAL I fiit '{ fil'k PLAZA ADDITION ' Gustafson moved, Wachter seconded, • : re motion to continue the matter of the vacation for Galaxie Cliff"Plaza Addition to the December 20 , 1988, City Council meeting. All voted in favor. Page 7/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 VACATION/SUNWOOD: COURT/SUNRISE HILLS ADDITION Public Works Director Tomt 'be:r't informed the Council a petition had been submitted by the property owners of the affected property to vacate 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. Wachter moved, Egan secondet {. 'the motion to close the public hearing and approve the vacation t€ publ.:i:c right-of-way ana drainage/utility easements within the S.uuise Hills Addition. All voted in favor. VACATION/BLM:HAWK s•LEN 2ND ADDITION Public Works Director Tom Colbert stated a petition had been received to consider the vacation of a common lot line drainage and utility easement between Lots 5 and 6 of Block 2, Blackhawk Glen 2nd Addition which was necessitated by a waiver of plat relocating the common lot line. Dennis Shaw, 1583 Ashburyt requested: the inclusion of language to state that the vacation was :hecessa•r•. There was discussion regarding the vacation of the ,g44 p: :menteht. Egan moves, McCrea seco:n.ded, the motion to close the public hearing and approve the vacation of the drainage/utility easement between Lots 5 and 6, Block 2, Blackhawk Glen 2nd Addition. All voted in favor. MWCC AGREEMENT/SENECA WASTE. WATER TREATMENT PLANT Mayor Ellison informed the Council of a special meeting on December 13 , 1988, regarding solid: :aaste tesidue. • McCrea moved, Egan seconded, 'fie mot .•on to continue the MWCC Agreement/Seneca Waste Water Treatment Plant matter to the December 20 , 1988, meeting. All voted in favor. VARIANCE/PROGRESS LAND COMPANY City Administrator Tom Hedges updat; the Council on the matter and stated the Council continued the iteiim•:until the December 6 meeting to allow the engineer. n. :..:t ta€4::::d: '::opportunity to evaluate the variance request and determi;ne: :wbe:t# :' 3 1ding pads could be placed on the platted lots without requiring a variance. He states there aid not appear to be a demonstrates hardship : :however, if a variance was allowed the garages should be required ta'••adhere to the required 30-foot minimum setback. Page 8/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 Warren Israelson (developer) was present and explained the history of the project. He : Informed t14:••Council that streets had been moved to allow for ponding. • Dave May (Miller Homes) explained the home construction. Mayor Ellison commented that the developer should solve the problems in the platting process. Mr. May stated it was their desire to have all of the homes lirita > ?::8• ' the same distance. Councilmember Wachter replied that the road Co 4d have:been moved at the platting stage. The developer stated it wa:ra• a un:i4ue site because of the ponding and the trees. He explained the• . ;.ocation of the ponds to the Council. Councilmember Egan rem.arJced that the City of Eagan has always been tough on varianCe:s:,. • Egan moved, Wachter seconded, the motion to deny a variance submitted by Progress Land Company for a 10-foot front yard setback variance for Lots 3-11, Block 3 , and a 5-foot front yara setback variance for Lot 12 , Block 3 , to the minimum 30-foot required public right-of-way setback in the. Country Hollow Addition. Ellison, Wachter and Egan voted in favor ; McCr:e: : : nd Gustafson voted against. The motion prevailed. Councilmember McCrea stated she fei• the street location gave a legitimate reason for a variance+ • RE,` QNYNG/WELL NO. 13 Public Works Director Tom Colbert gave a history of the project and explained the building appearance. Mark Parranto, 4537 Lake Park:, .Rf•grmed the Council he was a developer in the City of E4444-4114 .4p6ti9ned why the City could do what he could not do as a developer. Be :stated the well had been drilled before Council approval a0.4. he ie .t there was a double standard. He requested an electric:.pump. Public Works Director Tom Colbert stated there would be an electric pump and responded to other concerns regarding easement and construction. Egan moved, Wachter seconded, the Tption to approve a Comprehensive Guide Plan amendment for 40* 11, Block 1, Thomas Lake Center Addition (Well No. 13) . All voted in favor. Egan moved, Gustafson ttOUidiiiit tiii- notion to rezone from single family to public facility on Lot 11 , Bl94 1, Thomas Lake Center Addition, to allow for construction of Wail No. 13 . All votes in favor. Page 9/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 • SET DATE/AMOUNT FOR REFEREIWUM TO FOANCE COMMUNITY CENTER PROJECT City Administrator Tom Heagei• updated the Council on the matter. Steve Sullivan informed the Council he was available tor questions. Mayor Ellison stated it was an exciting time for the City of Eagan and that there was a need tQ •ec vc .ie the residents regarding the matter. He felt the pra'e• t •v0:tt ::t& .2.nd 'ease the value of homes in the community. Councilmember Mct :Oa stated the project would help establish an identity for Eagan. ••'touncilmember Wachter stated he was pleased to see the culmination ot•.this •pr:oject as it started long ago. • Gustafson moved, Wachter seconded•, the motion 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 $7 .7 million and authorize the Director of Finance and City Attorney to prepare the formal question for the referendum. All vote:d in favor. SOLID WAS E QQJ3E: •AMENDMENT City Administrator Tom Hedges informed the Council that at the Solid Waste Abatement CommissiOl : . eeti ng held on November 8 , 1988, a recommendation was made to the. City Council to amend City Code, Sections 6 .37 and 10 .01 conter•ning solid waste and recycling. He stated the proposed amendments specifically addressed curbside recycling, same day collection and volume based fees for licensed Eagan haulers. He outlines the essential elements of the proposed ordinance amendment. • Larry Knutsen informed: the tb:un.dii It was present to address the hauler concerns and stated he believed itt the free enterprise system. Councilmember Egan asked for •:a' clar. f.ication of "same day collection". Mr. Hedges clarified the matter. Mayor Ellison questioned if there was tin can recycling. Mr. Knutsen stated there would be no tin can recyling. Councilmember Egan stated he felt the changes would help the community. Egan moved, McCrea seconded, the motion to approve that portion of the amendment to City Code, Section 6*M, Subd. 4D pertaining to prior approval of hauler rates by Council action. All voted in favor. Egan moved, McCrea secoiei ';••%fii••:mbtion to approve amendments to City Code, Sections 6.37 and 10.01 regar:4ng solid waste management and recycling requirements. All voted in favor. Page 10/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 •... RATIFICATION OF POSI!x'; QN STATEM$W /AIRPORT ADEQUACY STUDY City Administrator Tom H•eds• .:g esented the matter to the Council. Councilmember Wachter questioned how long the airport would be feasible. Mr. Hedges stated until the year 2010 . Wachter questioned if there was a need for furth.et •$:t:ti;• •:;•'Councilmember Gustafson recapped the task force study. CO iii'ci1ntOlber Egan gave further information on the causes of noise and the frequency of flights. There was further discussion regarding airport noise and future expansion. Mayor Ellison commented-an the •immittee' s recommendations to the City Council regarding the expansion and land-banking. He stated the current airport was a benefit to the community and that land-banking should be a last resort. Councilmember Gustafson stated he would support the committee' s recommendations with the assumption that the new airport would be near by. Councilmember Egan felt the committee' s recommendations :e:re. consistent with the County' s and City's positions. Gustafson fe:3t. :jt. •w .s essential to begin land-banking. Egan moved to accept comm$t.t,ee : eobmmendations numbers 1-5. There was no second and the m:Ot:3dr; failed. Gustafson moved, McCrea seconded, the motion to approve the proposed position statement regarding the Metropolitan Council Airport Adequacy Study without the additional recommendations of the Airport Relations Committee. All voted in favor. VAR VARIANCE/SONatONSTRfttiON COMPANY Community Development Director Dale : tunkle updated the Council on the matter. The applicant was c Vaila4 :e at the meeting. Councilmember Gustafson questioned: ;the Yea#dship. Mayor Ellison stated there was an excessive setback. McCrea moved, Egan seconded, the motion to approve a 13-foot variance to the 50-foot setback along Galaxie Road to allow a 3-season porch on Lot 1 , Block 1, Safari.. ,addition, as requested by Sons Construction Company, Inc. All voteci:''in favor. 19a9 :F&E iPJiTI.E City Administrator Tom Hedges presented to the Council the proposed fee schedule for numerous services, licenses and permits that are provided by the City of Eagan. :community Development Director Dale Runkle stated two items should be added to the schedule: Page 11/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 ... 1 . Comprehensive Guide•:ft,an Amend* it - $300.00; 2 . Street Name Change - Councilmember Wachter had concerns regarding the electrical inspection fee. Mr. Hedges explained the reason for the fee. Mr. Wachter suggested withholding, the elect4cal fee approval. Egan moved, Gustafson seconded, 'the•.:motion to approve the proposed 1989 Fee Schedule, with the exCePtion of the electrical inspection fee, and the addition :of the. following : 1 . Comprehensive Guide. . 1.411 Am fi rit0xt - $300.00; 2. Street Name Change - $100 .00. All voted in favor. Councilmember Wachter cP mented favorably on the resource trust fund. City Attorney Jim Shel tad: :S tAted there was no statutory authority to set up a trust fund 04 :owe was a need for another mechanism. RECEIVE DEVELOPMENT DISTRICT .NO.. 2 PROGRAM/SET PUBLIC HEARING AND TAX INCREMENT 1'INANCING DISTRICT NO. 1 PLAN City Administrator Tom Hedges presented both items to the Council. Fiscal Consultant Dave MacGillivray was present at the meeting and available for questions. Gustafson moved, Egan .0 : :0dx: #mcOlotion to adopt a resolution for establishment of Development District No. 2 and Tax Increment Financing District No. 1 . All voted: in f4 or. Egan moved, McCrea seconded, the moon to approve setting a public hearing for January 17 , 1989, to Caihsider Development District No. 2 for the purpose of carrying out certain transportation improvements, and to consider the establishment of Tax Increment Financing District No. 1. All voted in favor. PARK CENTER DEVELOMENT City Administrator Tom •;T0#3: es::'. dacted: the Council on the matter and referenced Dale Runkle' s.•ta:emt►:•• :tecl:35ie:cember 5 , 1988. It was the Council' s recommendatioW.t "tie in" with the development concerning a senior housing site. Page 12/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 PGLI.CE INVEST GATOR McCrea moved, Gustafson seep# de:d•, the motion to approve the naming of Officer Linda Myhre to the position of investigator. All voted in favor. SEASONAL UTILITY MAINTENANCE WORKER Egan moved, Wachter secnndedt 'the :action to approve the hiring of Benjamin Anderson as a seasontt utility maintenance worker. All voted in favor. • CONTRACT 88-25, FINAL PPYME /AACCEANCE (DODD ROAD - OVERLAY) Gustafson moved, Egan seconded, the motion to approve the first and final payment of Contract 88-25 (Dodd Road - Overlay) in the amount of $70 ,879 .23 and authorize formal acceptance for perpetual maintenance. All voted in favor. REVISE/RENEW CONTRACT WITH: DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT (WATER QUALITY MANAGEMENT' .PAN) Public Works Director Tom :Colbert :detailed the history on the matter. Wachter moved, Gustafson. seconded, the motion to approve a revised agreement for the Dakota County Soil and Water Conservation District as it relates to the completion of the Water Quality Management Plan and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. VACATION/PORTION OF SAFARI. PAgB O?: I.,• BLOCK 2, SAFARI ESTATES 2ND ADDITION) Egan moved, Gustafson seconded, the motion to authorize the transfer of title through a Quit Maim pjc:Qcess for the excess public right-of-way of Safari Pass adjacent to 'tot 1 , Block 2, Safari Estates 2nd Addition and authorize the Mayor and City Clerk to executed all related documents. All voted in favor. KELZENBERG/YETZER ACCESSORY USES fp •RESIDENTIAL DISTRICTS • City Administrator Tom Hedges recapped the background on the matter for the Council. He p0.e:g$n d t :m*mo received from Mike Dougherty dated December 6 , : 0$$:,r.• :k$4t0.04g the matter. City Attorney Jim Sheldon informed the Council he would prepare a proposed ordinance for the Council' s review. John Yetzer, 1726 Sartell Avenue, stated the zoning is currently R-1. He stated the needs of the homeowners should be addressed and Page 13/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 that the requirements were riot met by the applicant. He had further concerns regarding the matfe:f... REPLAT OF CEDAR :CLIPP COMMERCIAL PARK Charles Bartholdi was present and set forth the background on the matter. He stated there was a need to give the bank ownership of the parking lot. He requested the Council reaffirm its action taken at the August Council meeting:;. . City Administrator Tom Hedge.t stated the street benefits were set aside but the storm sewer laterals *ould have applied. Mayor Ellison responded that his reco,i3.ection was similar to Mr. Hedges' comments. The lateral storm sewer as$e:s:sments were reaffirmed by the Council. POLICE CHIEF SELECTION Egan moved, Gustafson seconded, the motion to schedule the final interviews for the Police Chief selection for December 20, 1988, at 4 :00 p.m. All voted in favor.; PROJECT 543/SIBLEY HILLS DRIVE/SRYLTNE- DRIVE — STREETS AND UTILITIES Public Works Director Tom. C4be:rt informed the Council the matter was originally schedul:e: : •itir the December 20, 1988, City Council meeting. The matter would be continued until the January 17, 1988, meeting. FIREARMS ORDINANCE Staff was directed to .r.ev. .ew th:e., cortanance language regarding hunting within the City limi_ts.. BSS Wachter moved, Gustafson seccnded, *t:he motion to approve the checklist dated November 30, 1988, in tht• amount of $2,471,115.35, and dated December 6 , 1988, in the amount of $1 ,435 ,559 .40. All votes in favor. • • Page 14/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 • •ADJOURNMR;l0t• Upon motion duly made by •Mttr:es,::*'seconded by Egan, the meeting was adjourned at 10:15 p.m. All voted in favor. CITY OF EAGAN • By: E;• J. VanOverbeke•It :; City Clerk • • • • MINUTES OF REGULAR.••MEETING OF:ATE EAGAN CITY COUNCIL EAQ&N,.• !1: NN,Z OTA DECEMBER 6, 1988 A regular meeting of the Ea.9an City_.Council was held on Tuesday, December 6 , 1988, at 6 :30 p4.Ib.. . te:- gacgan Municipal Center. Present were Mayor Vic Ellison and '656i'r0iri dititii . Wachter, Egan, Gustafson and McCrea. Also present were City' Administrator Tom Hedges, City Engineer Tom Colbert, Community D:evelbpment Director Dale Runkle ana City Attorney James Sheldon. AGENa.• City Administrator Tom Hedges introduced Becky Comstock, an environmental attorney retained by the City in regards to the Seneca Waste Water Treatment Plant. Ms. Comstock updated the Council regarding the proposed agreement and stated the negotiations were not yet final. It was suggestec} •t33e• .Seneca item be continued to the December 20, 1988, Council meet n4 . . Egan moves, McCrea seconded, the .moton to approve the agenaa as amended. All voted in favor. - . • 11210TES November 15. 1988 . Mayor Ellison requested the following corrections: Page 12 , paragraph 4 , I. .3-.fo.ot•v.ax•k ce" to replace "50-toot variance". . Page 15, paragraph 5 , "warnir:t.: afte : the first snowfall" to replace "warning after the first vAslatiNe, . . . second "violation", . . . third "violation". Councilmember Egan requested the inclusion of the staff conditions in the motion on page 8 regarding the Seneca Plant Addition as follows: 5 . The standard conditions of plat is royal as adopted by Council action on September 15 , 1987, sh •1 be complied with: Al, Bl, B2 , B4 , Cl, C2, C4 , Dl, El , •;FJ , •��?q: G :►: ::::; :: 6. Either condemnation is expedited or the owner of the property sign the preliminary plat application be * re the preliminary plat will be approved. Page 2/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 :.:•••• • 7. The applicant mustAR:eet all ETB....:and PCA rules and regulations for the development of thiii4goperty...M 8. The development is retfairOW:toelimit the elevation of the proposed earth mounds to not exceed the elevation of 780. City Administrator Tom Hedges informed the Council that the adoption of a resolution regarding the 1989 Community Clean-up Year was necessary. ---- Gustafson moved, Egan seconc*d, thik.potion to adopt a resolution to participate in the 1989 Community Clean-up effort. All voted in favor. • . Wachter moved, Gustafnt: tiond.4.44: the motion to approve the minutes for the November 15 , 1988, regular Council meeting as amended. All voted in favor. November 29. 1988. Wachter moved, Gustafso seconded, the motion to approve the minutes for the November 29 , 1Mi :tpcial Council meeting as presented. All voted in favor. • , jovember 22 . 1988. .. • . . . . . • . . Egan moved, McCrea secti440j; the motion to approve the minutes for the November 22 , 1988, special Council meeting as presented. All voted in favor. October 27 . 1988. McCrea moved, Egan secoA0044. 10* *01:on to approve the minutes for the October 27 , 1988, st,etiai tOinttil"meeting as presented. All voted in favor. .:..:.: FIRE PREVENTION POST**. WINNERS Mayor Ellison ana Fire Chief Southorn officially recognized the winners of the fire prevention poster contest. DEPARTMENT BEAD BUSINESS Mike Reardon reported to the CounciWiegarding the cable award ceremony. • Page 3/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 ;CONSENT W104 A. Personnel Items. 1. Street Maintenance Supervisor. It was recommended to approve the hiring of Thomas Struve as Street Maintenance Supervisor, subject to successful completion of the City' s physical examination requirement. 2 . Winter Seasonal Park Maihfi;; nand0::: lorker. It was recommended to approve the hiring of Cary Stevens, Make Finnegan and Steve Baehr as winter seasonal park maintena4 a wo leers. 3. Winter Seasonal Receaat'ion : €'f. It was recommended to approve the list of winter seasonal recreation staff for the 1988-1989 skating and sliding season as presented. B. Plumbers' Licenses. It was recommended to •a}ipxove the plumber licenses for AAA Plumbing by Newstrom, Inc. ; • itt:ee: • •.'1umbing; Klamm Mechanical Contractors, Inc. ; Main Line Plumbit : : .and Weidner Plumbing & Heating, Inc. . r C. City Contract. Receive.. /Award Contract for Recyclablg Containers. • City Administrator Tom Hedges informed the Council that a letter had been received from Shamrock Industries regarding the bias. Mark Smiley of Shamrock Industries informed the Council he was concerned that the containers' bids were not similar. Mr. Hedges commented on Mr. Hohenstein' s research t.Opitiiiig.t.b. 'matter. Councilmember McCrea questioned if Rehrig Pacific :•Coiripa1iY : rg6s' :based in Minnesota. Mr. Smiley stated they were not based:: :n Minnesota. There was discussion regarding the specifications and ifgirantcx ;s on the bids. McCrea moved, Wachter seconded', thei: aotion to continue Consent Agenda Item C. to the December 20 , 1988, Council meeting to allow for rebidding and notification to the original bidders of revised specifications regarding solid bins and warranties. All voted in favor. D. Approve Final Plat. All Saints lditioq. It was recommended to itititii00::::t00:iitiAial plat for the All Saints Addition and authorize the My "Clerk to execute all related documents. Page 4/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 E. Approve Final Platc::Sunrise HiA0 Addition. It was recommended toitikpy. Cfinal plat for the Sunrise Hills Addition and authorize Mr and City Clerk to execute all related documents. F. Vacate Drainage and Utility Easement. Receive Petition/Order Public Hearing (Blue Ridge Addition) . It was recommended to i.etaiWthillOition to vacate a common lot line drainage and utility eaViiinentiOUhin the Blue Ridge Addition and schedule a public hearing to be ne1.4,,January 3 , 1989. • G. Contract 88-33 . Apaivv0401,2CrOorize Ads for Bias (Well No. 13 Pumphouse) . It was recommended to approve the plans for Contract 88-33 (Well No. 13 - Pumphouse) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, December 29, 1988. H. Contract 86-12. Apprit40:0)ange Order No. 3 (Wells No. 8 and 9 - Pumping Facilities) . It was recommended to approve Ch4q* Order No. 3 to Contract 86-12 (Wells No. 8 and 9 - PumAhRiPAgikities) in the amount of $5 ,914.66 and authorize the MAyOf :Alla City Clerk to execute all related documents. • I. Contract 88-37. Approve Change Order No. 1 (General Electric Supply Company - Storm Sewer) . It was recommended to Apppme c44;w: Order No. 1 to Contract 88-37 (GESCO - Storm Sewer). 400410of $2 ,330 .49 and authorize the Mayor and City Clerk to *execute All related documents. J. Contract 85-18. Final Accei$Eance:*PS Addition - Streets ana Utilities) . It was recommended to approve Contract 85-18 (UPS Addition - Streets and Utilities) for final acceptance and perpetual maintenance. K. Contract 87-J. Final AcceptanceWlnecrest Addition - Streets and Utilities) . It was recommended to kliiiii0eiWO1e4ina1 acceptance of Contract 87-J (Pinecrest Addition - Sti6ets and Utilities) for perpetual maintenance. Page 5/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 L. Receive Bids/Award. ontract (Fii :e Station No. 1 - Parking Lot1. Councilmember Egan quest' 'iiriei f'f staff was satisfied with the bids. Public Works Director Tom Colbert stated all bids were similar and that the engineering report probably underestimated the costs. Councilmember Wachter suggested continuing the matter until next spring. • It was recommended to r;ej'eb: : 'the-4 tls for Contract 88-28 (Fire Station No. 1 - Parking Lot) , to•:be rebid in the spring of 1989. M. project 557 . Receive Fe g•p%bil ice' Report/Order Public Hearing (Mallard Park 3rd Addition,.T S i:e6 .11:ghts) . It was recommended to receive the feasibility report tor Project 557 ana schedule a public hearing to be held for January 17 , 1989. N. Contract 88-34 . Reject Bias (Alden Ponds - Streets and Utilities) . It was recommended to re ce Ve ;4id reject the bids submitted for Contract 88-34 (Alden Ponds - ;Streets• an4 Utilities) and cancel the relatea City contract. 0. Contract 85-II, FiriAA.,AE prance (Sunset 10th Addition - Utilities) . It was recommended to authorize the final acceptance and perpetual maintenance of Contract 85-II (Sunset 10th Addition - Utilities) . P. Contract 87-0. Fin�•_4i petiii:i; : panbury Place - Streets and Utilities) . It was recommended to approve.::the final acceptance for perpetual maintenance of Contract 87-0 (Dantktkry P14e - Streets and Utilities) . Q. Contract 87-GGG. Final Acceptance (Patrick Addition - Streets and Utilities) . It was recommended to accept for perpetual maintenance the improvements installed under Contract 87GGG (Patrick Addition - Streets and Utilities) . R. Contract 86-Y. Final.•4&41itiiiiii?::Atlackhawk Glen - Streets ang Utilities) . It was recommended to approve the elal acceptance for perpetual maintenance of Contract 86-Y (Blackhawk Glen - Streets and Utilities) . Page 6/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 S. Contract 87-21 . Sixh•..apd F},ni.': Payment/Acceptance (Eagan Hills Farm - Trunk Utilities2 It was recommended to authorize the sixth and final payment for Contract 87-21 (Eagan Hills Farm - Trunk Utilities) and authorize final acceptance of perpetual maintenance. T. Contract 87-23 . Agp Qy0-:•: 0:•i 5pder No. 1 (Stratford Oaks - Sanitary Sewer Stub) . It was recommended to appr4i Chaniyt Order No. 1 to Contract 87-23 (Stratford Oaks AdditjQn • •fiani.tzt.r i Sewer Extension) in the amount of $1 ,781 .00, and a00h4;ri•ze .i :e: •Mayor and City Clerk to execute all related documents. Councilmember Wachter had concerns regarding Items U. , V. , and W. regarding the Change Orders. There was Council discussion regarding the Change Orders. U. Improvement Contras;€..$7:^..i..._cpange Order No. 4 for Carnelian Park. • ' r It was recommended to approve•-Chan?ge Order No. 4 of Improvement Contract 87-1 for an amount of•lX:i$:0:0 .O0 and authorize the Mayor ana City Clerk to execute all r:e1:• : eid• documents. V. Improvement Contract 88-7 . Change Order No. 2 fox Miscellaneous Work Items for Various Parke. It was recommended to approve Change Order No. 2 of Improvement Contract 88-7 for an amount :c : .$ . 3:32:., 3: and to authorize the Mayor and City Clerk to execute all• iii t > tl• •ito•c:iiments. W. Improvement Contract 88-1iiti.. Char,J Order No. 1 for Thomas Lake Pav it ion. It was recommended to approve Change'• Order No. 1 to Improvement Contract 88-18 for an amount of $11 ,328.00 and authorize the Mayor and City Clerk to execute all related documents. McCrea moved, Egan seconded, the motion to approve the foregoing consent agenda items and authorize their::: mplementation. All voted in favor. VACATIOWGALA7 Ik.ttit'F'$DAZA ADDITION Gustafson moved, Wachter seconded, the motion to continue the matter of the vacation for Galaxie Cliff-Plaza Addition to the December 20 , 1988, City Council meeting. All voted in favor. Page 7/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 VACATION/SUNWOCg;QOURT/SU$ SS HILLS ADDITION Public Works Director To .:Tdtif•taiiiiiii informed the Council a petition had been submitted by the property owners of the affected property to vacate existing drainage, utility and ponding easements located within the proposed Sunrise Hills Addition, as well as the vacation of the dedicated ri9hG-of-way for Sunwood Court. Wachter moved, Egan seddfide4, 'tfi'e motion to close the public hearing and approve the vacation':-6f pubic right-of-way ana drainage/utility easements withi4 the Swtrise Hills Addition. All voted in favor. VACATION/BuriCiutANIC Cti N 2ND ADDITION Public Works Director Tom Colbert stated a petition had been received to consider the vacation of a common lot line drainage and utility easement between Lots 5 and 6 of Block 2, Blackhawk Glen 2nd Addition which was necessitated by a waiver of plat relocating the common lot line. Dennis Shaw, 1583 Ashbury,.. regtic•Sttedr the inclusion of language to state that the vacation was becess4: 3. There was discussion regarding the vacation of the o],.0.:g: ement. Egan moved, McCrea secan.dec , the motion to close the public hearing and approve the vacation of the drainage/utility easement between Lots 5 and 6, Block 2, Blackhawk Glen 2nd Addition. All voted in favor. MCC AGREEMENT/SENECA •I11$aTE: WATER TREATMENT PLANT Mayor Ellison informed the CQuncI •.of a special meeting on December 13 , 1988, regarding solid waste.:4esidue. McCrea moved, Egan seconded, :'he mad*on to continue the MCC Agreement/Seneca Waste Water Treatment Pliant matter to the December 20 , 1988, meeting. All voted in favor. VARIANCE/PROGRESS LAND COMPANY City Administrator Tom Hedges updates the Council on the matter and stated the Council continued the item::until the December 6 meeting to allow the enginee.t: nq::At:ai :::: fl•opportunity to evaluate the variance request and determiiii:*::141400kaitalding pads could be placed on the platted lots without requiring a variance. He stated there did not appear to be a demonstrates hardships_:;.however, if a variance was allowed the garages should be required t0::::.adhere to the required 30-foot minimum setback. Page 8/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 Warren Israelson (developer) wast.esent and explained the history of the project. He-:informed tI e:•:Council that streets had been moved to allow for ponding. ' Dave May (Miller Homes) explained the home construction. Mayor Ellison commented that the developer should solve the problems in the platting process. Mr. May stated it was their desire to have all of the homes 1kgitti: # ?_ A.i`;:tfte'•.same distance. Councilmember Wachter replied that the road. cou :u '•ha\ : :been moved at the platting stage. The developer stated it wa: ' a uri4ue site because of the ponding and the trees. He explai. .ea the: location of the ponds to the Council. Councilmember Egan rem.rked tba the City of Eagan had always been tough on varia4e0g:,•:'•:• • Egan moved, Wachter seconded, the motion to deny a variance submitted by Progress Land Company for a 10-foot front yard setback variance for Lots 3-11, Block 3 , and a 5-toot front yara setback variance for Lot 12, Block 3 , to the minimum 30-foot required public right-of-way setback in the. Country Hollow Addition. Ellison, Wachter and Egan voted in favor ; McCr:04: And Gustafson voted against. The motion prevailed. Councilmember McCrea sta641 she f•e3.t. the street location gave a legitimate reason for a variant +•. ".' • ROOk liiG/WELL NO. 13 Public Works Director Tom Colbert gave a history of the project and explained the building appearance. Mark Parranto, 4537 Lake P4 .k. • .iRfcijned the Council he was a developer in the City of Eagan• :a 4'.•, iteationed why the City could do what he could not do as a developer. He .stated the well had been drilled before Council approval 04 he goat there was a double standard. He requested an electric:;:dump.;::.•: Public Works Director Tom Colbert stated there would be an electric pump and responded to other concerns regarding easement and construction. Egan moved, Wachter seconded, the notion to approve a Comprehensive Guide Plan amendment for 40t 11, Block 1, Thomas Lake Center Addition (Well No. 13) . All voted' 3n favor. Egan moved, Gustafson to rezone from single family to public facility on Lot 11, Block 1, Thomas Lake Center Addition, to allow for construction of Wel No. 13. All votea in favor. Page 9/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 SET DATE/AMOUNT FOR REFER$,/i 1I TO moms COMMUNITY CENTER PROJECT City Administrator Tom Heci9ls'''tipdated the Council on the matter. Steve Sullivan informed the Council he was available tor questions. Mayor Ellison stated it was an exciting time for the City of Eagan and that there was a need. tQ::ed.uc to the residents regarding the matter. He felt the prate :.000 Lck::: :ncrease the value of homes in the community. Councilmember' M64001. 'stateid the project would help establish an identity for Eagan. ='Councilinember Wachter stated he was pleased to see the culmination of:;this • eject as it started long ago. • Gustafson moved, Wachtef' seconbed', the motion 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 $7.7 million and authorize the Director of Finance and City Attorney to prepare the formal question for the referendum. All voted in favor. SOLID WASTE 0 . AMENDMENT ' .r City Administrator Tom HOges .itifmged the Council that at the Solid Waste Abatement Commissi.p :•Reef.iii. held on November 8, 1988, a recommendation was made to 'ty Council to amend City Code, Sections 6.37 and 10.01 concerning solid waste and recycling. He stated the proposed amendments specifically addressed curbsiae recycling, same day collection and volume based fees for licensed Eagan haulers. He outlined the essential elements of the proposed ordinance amendment. Larry Knutsen informed : t `os : ie was present to address the hauler concerns and stated he believed irt •the free enterprise system. Councilmember Egan asked for :: t.:clarIfication of "same day collectionTM, Mr. Hedges clarified the maer. Mayor Ellison questioned if there was tin can recycling.' Mr. Knutsen stated there would be no tin can recyling. Councilmember Egan stated he felt the changes would help the community. Egan moved, McCrea seconded, the mo4:bn to approve that portion of the amendment to City Code, Section 6� '�I. , Subd. 4D pertaining to prior approval of hauler rates by.,Counga.,..action. All voted in favor. Egan moved, McCrea se coid `'t 'mbfiton to approve amendments to City Code, Sections 6.37 and 10.01 regarding solid waste management and recycling requirements. All voted isii: savor. Page 10/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 RATIFICATION OF POSYS" {)N STATE /AIRPORT ADEQUACY STUDY City Administrator Tom If 0ii::::*esented the matter to the Council. Councilmember Wachter questioned how long the airport would be feasible. Mr. Hedges stated until the Year 2010. Wachter questioned if there was a need for fut'tC *t •;$ t •. •:;::.Councilmember Gustafson recapped the task force study: ••Cta0ifaili ber Egan gave further information on the causes of noi•ae and ::the frequency of flights. There was further discussion regarding .airport noise and future expansion. Mayor Ellison commenter3. 4oii the •+E66mittee' s recommendations to the City Council regarding the expansion and land-banking. He stated the current airport was a benefit to the community and that land-banking should be a last resort. Councilmember Gustafson stated he would support the committee' s recommendations with the assumption that the new airport would be near by. Councilmember Egan felt the committee' s recommendations w:e. e.• consistent with the County' s and City's positions. Gustafson •reit•.•3c . W .s essential to begin land-banking. .. Egan moved to accept commit.tee••:r[ mmendations numbers 1-5. There was no second and the m*aefl•''failed. Gustafson moved, McCrea seconded, the motion to approve the proposed position statement regarding the Metropolitan Council Airport Adequacy Study without the additional recommendations of the Airport Relations Committee. All voted in favor. VARIANCE/S.ONO:-ON COMPANY Community Development Director Dale : tunkle updated the Council on the matter. The applicant was 4vvai1a4e at the meeting. Councilmember Gustafson questioned;:,:the h4#dship. Mayor Ellison stated there was an excessive setback. McCrea moved, Egan seconded, the motion to approve a 13-foot variance to the 50-foot setback along Galaxie Road to allow a 3-season porch on Lot 1, Block 1, Safari.:Addition, as requested by Sons Construction Company, Inc. All vote;:::in favor. 1:98,-.:Pgg.:49MgglE City Administrator Tom Hedges presented to the Council the proposed fee schedule for numerous services, licenses and permits that are provided by the City of Eagan. fbmmunity Development Director Dale Runkle stated two items should be added to the schedule: Page 11/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 . .,.. •:•:•:•• 1. Comprehensive Guide an Amen.000t - $300.00; 2 . Street Name Change - Councilmember Wachter had concerns regarding the electrical inspection fee. Mr. Hedges explained the reason for the fee. Mr. Wachter suggested withholdin9.:.the..4ects.4.cal fee approval. Egan moved, Gustafson SéaCiricliki.,—.th4::•10otion to approve the proposed 1989 Fee Schedule, with the ex&iPtion of the electrical inspection fee, and the addition.* the.:.•tpllowing: 1 . Comprehensive Guide . 100). id&ert - $300.00; 2. Street Name Change - $100 .00. All voted in favor. Councilmember Wachter gammented favorably on the resource trust fund. City Attorney Jim SheiI:Agiti :s.r.,Ated there was no statutory authority to set up a trust iiincit• iith.ere was a need for another . . mechanism. RECEIVE DEVELOPMENT DISTRI .:$ , 2 PROGRAM/SET PUBLIC BEARING • • TAX INCREMENT fINANCING DISTRICT NO. 1 PLAN City Administrator Tom Hedges presented both items to the Council. Fiscal Consultant Dave MacGillivray was present at the meeting and available for questions. . . . • • •••• • •• . .• .... • • .•••• Gustafson moved, Egan otiidolidititi:•Viiii•::iiiotion to adopt a resolution for establishment of Development District. No. 2 and Tax Increment Financing District No. 1 . All voted::.in fi*or. :•:•:••• Egan moved, McCrea seconded, the moUon to approve setting a public hearing for January 17, 1989, to consider Development District No. 2 for the purpose of carrying out certain transportation improvements, and to consider the establishment of Tax Increment Financing District No. 1. All voted in favor. PARK CENTER DEVELi*ENT City Administrator Tom :404:90*:::;14:44$40: the Council on the matter and referenced Dale Runkle' 5 , 1988. It was the Council' s recommendationtito "tie in with the development concerning a senior housing site. Page 12/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 PO1ICE INVES ATOR McCrea moved, Gustafson ' iii40 :4, the motion to approve the naming of Officer Linda Myhre to the position of investigator. All voted in favor. SEASONAL UTILITY MAINTENANCE WORKER Egan moved, Wachter setbritiiiVi:ifii 3.0tion to approve the hiring of Benjamin Anderson as a seasonal: utility maintenance worker. All voted in favor. CONTRACT 88-25, FINAL YME /A CE ANCE (DODD ROAD - OVERLAY) Gustafson moved, Egan seconded, the motion to approve the first and final payment of Contract 88-25 (Dodd Road - Overlay) in the amount of $70 ,879 .23 and authorize formal acceptance for perpetual maintenance. All voted in favor. REVISE/RENEW CONTRACT WITH: 3QTA COUNTY SOIL AND WATER CONSERVATION DISTRICT (WATER QUALITY NANAGE '..P.LAN) Public Works Director Tom Colbert 40i-tailed the history on the matter. Wachter moved, Gustafson. se'conded, the motion to approve a revised agreement for the Dakota County Soil and Water Conservation District as it relates to the completion of the Water Quality Management Plan and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. VACATION/PORTION OF SAFARt4ili&O aiia •`::'I_., BLOCK 2, SAFARI ESTATES 2ND ADDITION) Egan moved, Gustaf son seconded; the•:•motion to authorize the transfer of title through a Quit C iim p :Qcess for the excess public right-of-way of Safari Pass adjacent to tot 1 , Block 2, Safari Estates 2nd Addition and authorize the Mayor and City Clerk to executed all related documents. All voted in favor. KELZENBERG/YETZER ACCESSORY USES L}•:RESIDENTIAL DISTRICTS City Administrator Tom Hedges recapped the background on the matter for the Council. He z:e, sx4A :::4:::fno received from Mike Dougherty dated December 6 , ' 40W0*§0 ng the matter. City Attorney Jim Sheldon informed the Council he would..prepare a proposed ordinance for the Council' s review. John Yetzer, 1726 Sartell Avenue, stated the zoning is currently R-l. He stated the needs of the homeowners should be addressed and Page 13/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 that the requirements were. flot met by .the applicant. He had further concerns regarding the matter.,• REPLAT OF CEDi�k itu#P COMMERCIAL PARK Charles Bartholdi was present and set forth the background on the matter. He stated there was a need to give the bank ownership of the parking lot. He requested the Council reaffirm its action taken at the August Council meeti:flr,•{:;. City Administrator Tom Hedges stated the street benefits were set aside but the storm sewer laterals should have applies. Mayor Ellison responded that his recoi3:eCtioq •was similar to Mr. Hedges' comments. The lateral storm sewer a'$'$e:ssments were reaftirmea by the Council. POLICE CHIEF SELECTION Egan moved, Gustafson seconded, the motion to schedule the final interviews for the Police C;h.ief selection for December 20, 1988, at 4:00 p.m. All voted in favor.. PROJECT 543/SIBLEY HILLS DRIVE/SRTtigi DRIVE — STREETS AND UTILITIES Public Works Director Tom: CA1:ber:t' informed the Council the matter was originally schedu, : t1: •0r• the December 20, 1988, City Council meeting. The matter would be continued until the January 17, 1988, meeting. FIREARMS ORDINANCE Staff was directed to x.ev.}.ew the. or i.inance language regarding hunting within the City lim ;ta.. B 1IS Wachter moved, Gustafson seccflded, ' be motion to approve the checklist dated November 30, 1988, in the amount of $2,471,115.35, and dated December 6 , 1988, in the amount of $1 ,435 ,559.40. All votes in favor. Page 14/EAGAN CITY COUNCIL MEETING MINUTES December 6 , 1988 ADJOURNMgItt Upon motion duly made by:::tt?C. C-•:•::'teconded by Egan, the meeting was adjourned at 10:15 p.m. All voted in favor. CITY OF EAGAN By: E;. J. VanOverbeke Its:;• City Clerk •