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01/17/1995 - City Council Regular (—Ns :-/e----/ t AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING January 17, 1995 6:30 P.M. I. 6:30 - ROLL CALL, PLEDGE OF ALLEGIANCE & INVOCATION (PASTOR JIM BORGSCHATZ) II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) V. 6:55 - CONSENT AGENDA (PINK) P. . A. PERSONNEL ITEMS B. LICENSES, Plumbers r $ C. RECOMMENDATION, Airport Relations Committee, New Airport Alternative Environmental Documentation Comments 1)34D. CHANGE ORDERS, Police Department Building Project r s E. AWARD CONTRACT, Police Department/Municipal Center Communication Cabling (14`.4.1 F. GAMBLING APPLICATION, Minnesota Valley Humane Society, for pull-tabs at Dougherty's Restaurant G. CONTRACT 93-07, Acknowledge Completion/Authorize Final Payment, W nzel • Addition Streets and Utilities 6$ H. RESOLUTION Designating Rich Brasch as Project Representative for Schwanz eq Lake Cleanwater Partnership Phase II Project VI. 7:00 - 1995 CITY COUNCIL ORGANIZATIONAL BUSINESS (GREY) Pb`1A. Advisory Commission Appointments 011.11E. Council Meeting Procedures •,4B. Acting Mayor :'ni.F. Standing Committee-Appointments C olIC. Legal Newspaper �1 G. Appt. to Dakota County Deer ff 1gD. City Council Meeting Schedule Management Evaluation T am VII. , PUBLIC HEARINGS VIII. OLD BUSINESS (ORCHID) frAI?A. PROJECT 679, West Lone Oak Road Storm Drainage (To be continued) IX. NEW BUSINESS (TAN) IA. CONDITIONAL USE PERMIT, Avanti Petroleum, Inc. dba Total, for an automatic �� car wash in a Neighborhood Business District, Southeast Corner of Diffley / Road and Nicols Road , CONDITIONAL USE PERMIT, Larson Leasing, Inc. , for storage of trucks, trailers and diesel fuel tank and SITE PLAN, Northwest Corner of Blackhawk Road and Highway 13 C.•%.b COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, changing land use from f. '"- D-II Mixed Residential to Neighborhood Business and Rural Residential, and changing the Land Use Guide Plan map between Lone Oak Road, T.H. 55 and Eagan/Inver Grove Heights Border ft ,�� D. REZONING, City of Eagan, of approximately 25 acres from R-4 Multiple b Residential to Agricultural, betw en Lone Oak R ad and T.H. 55 '�S E. CDBG Grant Applicati n f' i X. ADDITIONAL ITEMS (GOLD) XI. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XII. ADMINISTRATIVE AGENDA (GREEN) XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT XV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 13, 1995 SUBJECT: AGENDA INFORMATION FOR THE JANUARY 17, 1995 CITY COUNCIL MEETING 9 Following roll call and the Pledge of Allegiance, Pastor Jim Borgschatz will open the meeting with a non-denominational 'invocation. After approval is given to the January 17, 1995 City Council agenda, regular meeting minutes for the January 3, 1995 meeting and special City Council minutes for the January 3, 1995 meeting, the following items are in order for consideration. There are no items to be discussed under Department Head Business at this time. 1 • Agenda Information Memo January 17, 1995 City Council Meeting ? SE.� There are eight (8) 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. Seasonal Winter Recreation Leaders---It is the recommendation of Recreation Supervisor Oyanagi that the following persons be hired as seasonal winter recreation leaders for the winter season: Laura Hampton, Kent Knutson, Mark Cleare, Chris Larson, Rod Larson and Cory Lynch. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Laura Hampton, Kent Knutson,Mark Cleare, Chris Larson, Rod Larson and Cory Lynch as winter recreation leaders for the winter season.. Item 2. Seasonal Winter Maintenance Workers--It is the recommendation of Park Maintenance Supervisor McGuffee that David Downs and George Sellner be hired as seasonal winter park maintenance workers for the winter season. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of David Downs and George Seliner as seasonal winter park maintenance workers for the winter season. Item 3. Temporary Planning Intern--Regarding the recent resignation of a planning intern, City Planner Sturm is recommending that this position be filled with the next person on that hiring list, Erik Stettedahl. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Erik Stettedahl as a planning intern. PLUMBERS LICENSES B. Licenses,Plumbers--City Code requires that plumbin ontractors be licensed on at least an annual basis. Enclosed on pages 3 through is a list of contractors whose applications are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. gis PLUMBER LICENSES FOR APPROVAL - YEAR 1995 1. ALTA LTD. dba ALTA MECHANICAL 2. BLAYLOCK PLUMBING CO. 3. BRUCKMUELLER PLUMBING INC. 4. GARY BUTLER PLUMBING INC. 5. DALBY PLUMBING 6. EGAN & SONS CO. 7. GENERAL PLUMBING & HEATING INC. 8. RAYMOND E HAEG PLUMBING INC. 9. HUTTON & ROWE INC. 10. J-BERD MECHANICAL CONTRACTORS 11. LAKESIDE PLUMBING & HEATING INC. 12. MCDERMOTT MECHANICAL INC. 13. MCGUIRE & SONS 14. MCGUIRE MECHANICAL SERVICES INC. 15. METROPOLITAN MECHANICAL CONTRACTORS INC. 16. JIM MURR PLUMBING INC. 17. NORTH ANOKA PLUMBING INC. 18. P.R.S. MECHANICAL INC. 19. PARSONS PLUMBING & HEATING 20. PLUMBING SERVICES INC. 21. PLUMM INC. 22. RITE-WAY PLUMBING INC. 3 23. PRIOR LAKE PLUMBING 24. SALZER PLUMBING 25.. SEITZ BROTHERS INC. 26. SOUTHTOWN PLUMBING INC. 27. STAR PLUMBING & EXCAVATING 28. UNITED WATER & SEWER CO. 29. VALLEY PLUMBING CO. INC. 30. VILLAGE PLUMBING INC. 31. WELD & SONS PLUMBING 32. WELTER & BLAYLOCK INC. 33. WENZEL PLUMBING & HEATING INC. For January 17, 1995 City Council Meeting Agenda Information Memo January 17, 1995 City Council Meeting NEVW AIRPORT ENVIRONMENTAL COMMENTS C. Recommendation,Airport Relations Committee,New Airport Alternative Environmental Document Comments--Enclosed on pages -p, through 7 is a staff memorandum covering the action by the Airport Relations Committee relative to the Alternative Environmental Document for the relocation track for the dual track airport planning process. The Airport Relations Committee is recomn nding five co ents based on the AED. Excerpts of the AED are enclosed on pages through for Council review. These were considered by the Airport Relations Committee in making its recommendation. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation by the Airport Relations Committee relative to comments on the New Airport Alternative Environmental Document. • 011 MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JANUARY 11, 1995 SUBJECT: AIRPORT RELATIONS COMMITTEE RECOMMENDATION - NEW AIRPORT ALTERNATIVE ENVIRONMENTAL DOCUMENT COMMMENTS At its meeting of January 10, 1995, the Eagan Airport Relations Committee reviewed the Alternative Environmental Document (AED) for the New Airport Track of the Dual Track Airport Study. The Committee recommends that the City submit the following comments in this regard. 1. Inadequacy of the 65 DNL Contour and DNL Metric for Environmental Impact Comparisons - The City recognizes that the FM accepts the 65 DNL contour as the basis for noise impact comparisons for airport planning and noise mitigation purposes. This metric and the 65 contour in particular has come under much criticism within the industry and noise affected community for its understatement of intrusive noise impacts and its inadequacy as a measurement tool. The City of Eagan is extremely concerned that areas of northern Dakota County and Eagan in particular will have substantial impacts from an expanded airport due to the relationship between the 65 DNL contour and areas of compatible and undeveloped land between the airport and well established residential areas. While the worst of the impact would be confined to these areas, substantial portions of residential Eagan will be exposed to significant and intrusive noise impacts from direct overflights under any of the expansion alternatives. The City is extremely concerned that no expansion alternatives were seriously considered in the course of the study which would diminish the noise impact in northern Dakota County or decrease the concentration of traffic south and east of the airport. 2. Air Quality Assumptions - III-2 -The analysis of aircraft operations includes as one of its prototype assumptions a DC-9 representing stage II and general aviation jets. This seems incongruous in that the new airport would (19 not be operational until after the federal phase out of stage li airliners. DC- 9's will still be operating, but in a stage Ill configuration. Since general aviation jets will still be in the mix, it is probably appropriate to include some prototype to represent them. It would seem more reasonable to select a prototype from among the aircraft operating at that time, however. 3. 2005 Projected Fleet Mix- 111-38 - 111-39 -The 2005 projected fleet mix in the New Airport AED does not match the fleet mix in the Expanded MSP AED. In particular, the New Airport AED indicates 105 hushkitted DC-9's and 10 F-100's. The MSP AED indicates 33.7 DC-9's and 81.3 F-100's. To the extent that noise and other analyses are based on these mixes,they should be identical unless operating restrictions exist which require different equipment at one location or the other. 4. 1992 Daily Roadway Taffic- Figure 28-The base case roadway traffic in the New Airport AED is does not match the base case in the MSP AED. While the differential analysis will be done in the EIS phase, the documents should share base assumptions. Interestingly, the MSP AED shows higher base levels than the new airport AED on the most transportation legs even though the former has a base year of 1990 and the latter 1992. 5. Future Growth - Regardless of the configuration initially chosen for the new airport, the plan should maintain sufficient land area, land use protections and flexibility to insure that expansion is feasible to absorb growth beyond the planning horizon. In the coming months the two tracks will be compared in a decision document and a full Environmental Impact Statement. As that information becomes available, the Airport Relations Committee intends to review it and provide findings for Council consideration. It would also be appropriate at that time to consider a joint work session of the Committee and Council and a public hearing opportunity to define the City's position with regard to the alternatives prior to the MAC/Met Council recommendation to the Legislature later this year. ACTION REQUESTED OF THE CITY COUNCIL: To approve or deny a recommendation by the Airport Relations Committee regarding comments on the Alternative Environmental Document for the New Airport Track of the Dual Track Airport Study. • Assis nt to the City Administrator METROPOLITAN AIRPORTS commisSION *'`''�4,• Minneapolis-Saint Paul International Airport i~ 6040.28th Avenue South• Minneapolis,MN 55450.2799 e, • ; Phone (612) 7264100 • Fax (612) 726.5296 it MAC -r TO: Interested Persons and Agencies FROM: Nigel D. Finney, Deputy Executive Director DATE: December 2, 1994 RE: Draft Alternative Environmental Document (AED) New Airport Comprehensive Plan Dual Track Airport Planning Process Enclosed for your review is a copy of the Draft Alternative Environmental Document(AED)for the development of a comprehensive plan for a possible new major airport in Dakota County. This document was adopted by the Metropolitan Airports Commission on November 21, 1994. Written comments on the Draft AED should be directed to Jena Unruh, Metropolitan Airports Commission, 6040 28th Avenue South, Minneapolis, MN 55450. Comments are due by February 3, 1995. A public bearing will be held on Wednesday, January 18, 1995 at 7:00 p.m. at the Hastings Senior High School auditorium, 11th and Pine Streets, Hastings, MN. This AED is one element of the Dual Track Airport Plammli g Process mandated by the Minnesota Legislature, and is being conducted under the Alternative Environmental Review Process approved by the Minnesota Environmental Quality Board in March, 1992,and in general conformance with Federal Aviation Administration requirements. . .r 2t+.wtropolana A+Aoeb 11111111014611.16 atitsulative aeffoa omploya. g ��` .alia'v Airports: ADlLA=• Mom A Oourara e• t7tYSTAL• nywc mow. LA=II.MO• SAINT PAUL DO OWN I New Airport Comprehensive Plan Draft Alternative Environments!Document ' • Ex.cutfve Summary iPapose of Of document • This document contains the results of evaluation of the impact on the environment of three different development plans under study by the Metropolitan Airports Commission (MAC) for a potential new nplecement airport in Dakota County.The MAC is required to complete a 30-year comprehensive plan for a new airport by January 3. 1996,to meet the requirements of the Legislature In the Dual Track ' Airport Planning P ooass. The 1989 Minnesota Legislature directed MAC and the Metropolitan Council to engage in a seven-year planning process to determine how best to meet the region's future aviation demand. The agencies were directed to compare expansion of the current airport with building a new replacement airport,and to make a recommendation to the Legislature in July 1996. ' The MAC will use the environmental evaluation found in this document,along with operational and cost data developed for the new airport comprehensive plan, to select a preferred development plan for a new airport.That decision will occur in April 1995.That plan,along with the development plan for the Minneapolis-St. Paul international Airport, a no-action option and other feasible alternatives will be compared in an Environmental Impact Statement (EIS! and in the 1996 report to the Legislature. Now Airport Study Process to Date ) As a part of the Duel Track process,the Legislature charged the Metropolitan Council with identifying a general search area within which MAC would select a specific site for a potential new airport. After identifying and screening candidate search areas within the Greater Metropolitan area, the Council in December 1991 selected a 115-square mile,74,600-acre section of land in east central Dakota County t as the final search area.The search area encompassed the cities of Coates and Vermilion,and Empire and Vermillion Townships, as well as parts of Nininger and Mershon Townships and the City of Rosemount.The City of Hastings is on its northeast border. M 1992, MAC identified seven sites in the Dakota County search area as possible locations for a potential new airport.The Commission then narrowed the group to three sites in February 1993.After further analysis and evaluation, MAC selected Site 3 in January 1994 as the preferred new airport site. It is a 10,000-acre area of land located east of the Vermilion River, along the southern edge of the search area. -The Commission is now examining airport development alternatives within the selected site to meet aviation demand in the Year 2020. The comprehensive plan includes all the necessary development within the airport boundaries including runways, taxiways, aprons, internal roadways, terminal, concourses, people mover, building areas and other facilities. • r • Craft AED•New Airport Comprehensive Plan 1 • Alternatives Studied The three alternatives under study for the new airport comprehensive plan vary in size from 8,640 acme to 9,560 acres. Each has six runways--four main parallel runways oriented northwest-southeast,and two crosswind runways roughly perpendicular to the main runways. Each has main highway access from the north to a centrally located terminal area. The main difference between the alternatives is the size of the layout plan,the placement of the runways,and the resulting placement of the other facilities. A description of the three alternatives under consideration follows: Alternative f—At 9,600 acres,this is the largest of the development options and it is designed to maximize the operational efficiency of the airport. The two seta of main parallel runways are staggered to reduce taxi times,while the runways within each set axe also staggered to eliminate runway crossings. • Alternative 2—This airport development plan is similar to Alternative 1, except the southern crosswind runway is moved closer to the terminal to reduce taxi times and decrease the size of the airport. That change reduces the size to 9,330 acres, with a slight reduction in operational efficiency. Alternative 3—This development alternative is designed to minimize the size of the airport.At 8,640 acres it is the smallest of the three development options.The main sets of parallel runways as well as the inboard runways within each set are less staggered to reduce taxi times and land area. With the stagger reduced,some runway crossings may be required and some other operational constraints may result. An illustration of each of these alternatives can be found in Figures 2, 3 and 4, In Appendix 8. Environmental Evaluation The three alternatives were examined for environment impacts in 14 areas, and where necessary and possible, potential mitigation measures are discussed. The 14 areas selected earlier in the'coping process for evaluation are air quality,archaeological resources, biotic communities,bird-aircraft hazards,construction impacts,farmland,floodplains, historic/architectural resources, land use, noise, socioeconomic,transportation access, water resources, and wetlands. The environmental evaluation did not reveal any critical finding that would preclude development of any of the alternatives. In fact,because the alternative development plans were very similar In size and location,very few significant environmental differences were identified between the alternatives. Differing environmental impacts were more prevalent in the she selection process I where alternative sites of 9,000 to 10,000 acres were evaluated within the 74,600-acre search area. • The following summary section highlights those environmental bows which are key nvironmental concerns for the new airport site and those which differentiate between the alternatives. A chart summarizing the findings for all 14 evaluation criteria follows at the end of this executive summary. Draft AEO•New Airport Comprehensive Plan 1 • • ( f iArchaeological—All alternatives have four archseologicat sites (19th Century farmsteads) that would be disturbed. All sites require further evaluation to determine eligibility for the National Register of Historic Places. • Biotic Communities—All three alternatives contain two breeding territories for the state threatened species, loggerhead shrikes. While little could be done to ' avoid the direct impacts, mitigation measures would need to occur such as acquisition and management of alternative breeding territories for shrikes off the airport property. • Bird-Aircraft Hazards — Alternative 1 has 1,900 more aircraft operations at altitudes of less than 500 feet over areas in proximity to the airport where birds 1 congregate,giving it a higher potential for bird strikes than Alternatives 2 and 3. Farmland—The U.S. Department of Agriculture is required to Identify prime farmland and farmland of a statewide importance that would permanently be taken out of production by a federally-funded project.The alternatives vary in Impact from 7,300 to 8,000 acres of farmland M those categories. Floodplain--Each of the alternatives results in the loss of acres of floodplains to airport development that would have to be restored.The alternatives range from a low of 160 acres for Alternative 2 to a high of 320 acres for Alternative 3. • Noise—The alternatives contain 655 to 670 people impacted by noise,utilizing ' the Year 2005 DNL 60 noise contours, and between 115 and 195 within the DNL 65+ contours. Socioeconomic — Each of the alternatives would displace 11 businesses and 242 employees. Alternative 1 would displace 590 residents, Alternative 2 would displace 556 residents and Alternative 3 would displace 467 residents. All of the alternatives would also reduce the tax capacity of Mershon and Vermillion townships, and School District 200. • Transportation — All three alternatives have the sans northern access to the ' regional highway system so there is no difference between them.Previous work done in the selection of this site found that the travel demand to the airport would require up to eight lanes at freeway design standards between the airport and Trunk Highway 55, in addition to other highway upgrades and improvements. Water (Resources — Al! potential sites will affect the Vermillion River. Development of airport facilities will involve construction of runway structures across the river, filling of floodway fringe areas and alteration of existing drainage.There its also the potential for surface water runoff in the Mississippi and Vermillion rivers.The alternatives are also comprised of areas classified as highly sensitive or very highly sensitive to ground water contamination due to the permeability of the soils and proximity to the *aquifers. t Draft AID-New Airport Comprehensive Plan 1 • • • Nearing and Approval Process The contents of this draft alternative environmental document will be reviewed by the 1 Metropolitan Airports Commission,a public hearing will be held,a final version of the document will be reviewed by the Commission,and the environmental analysis will be part of the decision to adopt one of the development alternatives for the new airport comprehensive plan: Below is a schedule for that process. Commission Reviews Draft Document November 1994 J • Public Hearing on Draft Document January 1995 Commission Reviews Final Document March 1995 1 Commission Adopts New Airport April 1995 Comprehensive Plan I As was stated earlier, similar environmental analysis and comprehensive plan development is being conducted for the Minneapolis-St. Paul International Airport and will be completed early in 1995. Evaluation, analysis and comparison of both of these alternatives and other feasible alternatives will be presented in the final EIS, with a recommendation to the Legislature in July 1996. 1 • I I 1 • • 1 Draft MD•New Airport Comprehensive Plan Iv • D... • • - I SUMMARY OF IMPACTS • CRITERION IMPACT OP ALTERNATIVE 1 2 3 I Air OueUty . 1. Number of times that concentrations of carbon monoxide, 0 0 0 . hydrocarbons, nitrogen oxides,sulfur oxides and particulates would exceed standards. IArchaeological Resources 2. Number of known archaeological properties potentially eligible 4 4 4 for the National Register that would be disturbed. Biotic Communities 3. Number of species on federal list of endangered and threatened 0 0 0 111 tllpecies(nesting bald eagles)that would be jeopardized. 4. Number of effected breeding territories of loggerhead shrikes 2 2 2 threatened species in Minnesota). I3ird Aberaft Hazards Spring Lake Area 0 0 0 5. Difference in monthly aircraft Gores Pool Wildlife o 0 o I operations ins than 500 feet over Management Area 1 areas where birds congregate. Protected Wetland 341W 1'1!00 o o Protected Wetland 340W 0 0 0 Pine Bend Landfill 0 0 0 Farmland I6. Number of farmsteads within the airport boundary. 44 43 35 7. Acres of prime farmland and fermlind of statewide importance 111,000 7.794 7,367 ) Iwithin airport boundary. , 6. Acres of isolated,triangulated and severed farmland. 2,7$0 2,365 2,325 iFloodplains 9. Acres of floodplain lost to airport development that must be 230 160 320 recreated. I Historic/Architectural Resources 10. Number of known historic/architectural properties eligible for 0 0 0 the National Register that would be demolished. I 11. No.of known historichrchkectural properties eligible for the 1 0 0 National Register within the DNL 55+ noise contour. Lend Use I 12. Number of communities,within three miles of airport, 5 5 5 I potentially requiring changes in existing/planned land use. • I ' Draft AED-New Airport Comprehensive Plan v • . , . ' 1:, , • I CRITERION IMPACT OF ALTERNATIVE 1 2 3 I ( Noise 13. Number of ��Twp. 5 15 5 I persons residing in the year 2005 DNL 65+ noise contour. Hampton Twp. 0 0 0 Mershon Twp. 70 60 1 110 Ninlnger Twp, <IS <5 <5 I Ravenna Twp. 0 0 0 Vermillion Twp. 50 40 75 TOTAL 130 115 i 195 14. Number of persons residing in the year Douglas Twp. 115 105 110 2005 DNL 60-85 noise contour. Hampton Twp. 15 10 0 Mershon Twp. 270 275 285 . Nininger Twp. 90 75 90 Ravenna Twp. 15 15 10 • Vermillion Twp. 185 175 190 TOTAL 655 .680 870 15. Number of noise sensitive land uses in year 2005 DNL 65+ 1 1 1 1 noise contour. Socioeconomic 18. Number of residents displaced. 590 556 467 17. Number of households displaced. 173 I 183 , 137 - 18. Number of businesses and Businesses 11 I 11 11 employees displaced. Employees 242 242 242 19. Percentage of tax capacity lost by Mershon 31.8 28.4 20.4 townships. Vermillion 18.4 16.7 — 21.3 20. Percentage of tax capacity lost by 3.29 ] 2.95 2.66 I School District 200. • 21. Difference In estimated development costs (millions). $39.6 $20.2 $0 Transportation Amass 1 22. Difference in impacts of potential roadway improvements due 0 0 0 to airport. I Water Resources • 23. Difference in impacts of atormwater discharges to Vermillion 0 0 0 River watersheds. Wetlands 24. Number of acres of wetlands filled. 0 0 0.2 ANEW I Draft AED-New Airport Comprehensive Plan vi 7 . 1 4 1 TABLE 16.2005 PM's-tad Feet Mix and Amapa Deily Anlwls Aircraft Type pay _ Slant Total 1 Alt Curler Jots: i 006 1.1 1.7 2.8 . 0C9.30 01/11400T1 97.7 7.3 105.0 11080 22.8 2.7 35.5 . 61090 6.6 0.4 7.0 . 0010 10.0 1.4 11.4 10D11 33 0.7 4.6 1727 041)804KIT1 11.6 3.2 14.6 8737 30014001500 27.2 13 28.0 8737 200 51U$HKITR 0.2 • 0.1 0.3 . 1747 200/3001400 7.5 0.9 1.4 8757 91.0 7.9 88.9 8757 200/300 3.7 0.3 4.0 j 1777 1.4 0.1 1.5 A300 • 0.5 0.7 1.2 A3201321 68.5 6.4 74.7 A330 4.7 0.3 6.0 A340 0.4 0.1 0.5 . 11011 0.6 0.5 1.1 Us 146/RJ/F•70 0.9 0.1 1.0 F•100 8.0 2.0 10.0 EM145/CanRJ 7.1 0.9 _ 8.0 Subtotal 375.4 39.5 414.7 1 Alt Cariar Turboprops: . CNA/PAG/BEC 3.0 3.4 6.4 $WM/J31AE1/BE9 29.2 8.6 37.8 8F340/DMB/J41 61.8 8.2 70.0 $2000 27.2 3.7 30.9 1180/CVR,F27/147/ATR 15.7 8.6 21.3 _ Subtotal 136.9 29.5 166.4 Mural Aviation: GA An 32.8 4.2 37.1 SA Turboprop 18.4 2.0 17.4 GA Piston _ ._21.7 2.8 24.5 : Subtotal 69.9 9.0 79.0 . M tary 4.0 0.1 4.1 . • Tod 986.2 79.1 664.2 . $ourw: OMITS analysis,based on 141P LTCP Volume 6,Revised Activity Forecasts(Duambar.19931. Draft AED-New Airport Comprehensive Plan i 111-38 fi i 1 .. ( c • - 1 (_. TAMS 19.2006 Projected Feat Mix and Averses Dally Dapanuas . _ANeraft Type Day Mont _ Ted AN Carder Jets: i DC. 1.0 1.9 2.6 • i DC9.30 owsMKm 96.6 5.2 105.0 i t MOO 32.9 2.6 35.5 • 1110110 9.6 0.4 7.0 D C10 10.1 1.3 11.4 MD11 4.0 0.6 4.6 6727 211fSMKR1 11.6 3.0 14.6 1737 300/400400 27.2 1.6 29.0 11737 200 IMUSMK!TI 0.2 0.1 0.3 6747 2001300/400 7.5 0.9 6.4 61757 61.0 7.9 99.9 6767 2001300 3.7 0.3 4.0 1777 1.4 0.1 1.5 A300 0.5 0.7 1.2 A320/321 69.4 41.3 74.7 A330 4.7 0.3 6.0 A340 0.4 0.1 0.5 1.1011 0.7 0.4 1.1 9Ae 146/RJ/F•70 1.0 0.0 • 1.0 F•100 9.9 1.1 10.0 • t EM 145/CanRJ 7.6 0.4 9.0 Subtotal 376.4 39.3 414.7 AN Census Turboprops: CNA/PAG/BEC 2.9 3.5 6.4 S WM/J31/BE I/6E 9 30.9 1.9 37.6 SF340/D49/441 96.6 3.4 70.0 $2000 29.3 1.6 30.9 1.1$1/CVR/F27/ATP/ATR 16.7 4.6 21.3 Subtotal 146.4 20.0 156.4 canard Aviation: GA Jet 31.4 1.7 37.1 GA Turboprop 14.7 2.7 17.4 OA boa 20.7 3.1 24.5 Subtotal 66.6 12.2 79.0 • 167esr1► 3.9 0.3 4.1 Tied 693.4 . 70.6 664.2 Source: 14/4T9' NTB analysis.based on MP LTC"Vokrnn 6.Revised Activity Formats(December. 1993). . i . 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The human ear is more sensitive to higher frequency sounds; therefore, the A-weighted decibel scale (dBA) was developed to take into account this greater sensitivity. The dBA scale is most frequently used in aircraft and other environmental noise analysis. Typical dBA levels of some common - sounds are shown in Table Al. % TABLE Al •Common Sounds on the DBA Scale Sound Leal SUMV'Louer»es Math"sauna Munn (NA) (Approximate) Sway Maury Mt fighter takeoff 41 600 hot 130 12$ 10,000,000 I Sock eras*with amplifier(unoon fornbly loud) 120 e4 1.000,000 loud motorcycle at 20 fen 110 32 • 100,000 .Mt piano WaoN 617271 at 1000 for 100 16 10,000 Orchestral orsscendo at 25 feet;M0101%11:10 it 10 a 1,000 25 feet Diesel locomotive 120.30 mph)at 50 feet Busy even;Diesel truck(moderately loud)40 10 4 100 mph at s0 fen • Interior ef department store;vacuum leaner at 70 2 10 10 fen • Ordinary oonvwsetion at 3 het;Air conditioner so t 1 I at 20 fast puist Won daytime;Dishwasher next room 10 112 0.1 Average office 40 1/4 0.01 City residence(wry quiet) 30 1/1 0.001 Owlet country residence 20 1/16 0.0001 I fluids of leaves(just audible) 10 1/32 0.00001 Threshold of human hewing 0 1/64 0.000001 I Source: WITS analysis from multiple sources. . I According to the FAA Advisory Circular Noise Centre, and Cerneetibil(ty Planntn0 for Airports (AC 150!5020.1),the 'A-Weighted Sound Level has been found to correlate well with people's subjective judgement. Its simplicity and superiority over unweighted sound pressure level in predicting people's response to noise have made it the most widely used metric for assessing the impact of aircraft noise end for comparing that noise with other community noise sources.' The FAA has determined that A- weighted levels should be used when measuring and describing instantaneous noise levels. The . maximum A-weighted level reached during an aircraft noise event is perhaps the most common and simplest way of describing the noise of the event. I j Draft AED•New Airport Comprehensive Plan A4 • /9 - V i • �` J � D. , ... _ro,,,,, � „ , -. l a / e 4% ,,/ illies- 0 1 Lji . , . t .!. 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El ; W w t A I co 0 ib ..ie .. g lit., 0 ce c ib. • . x ,i, torte _ 2 A m III • ::, 0 iii — Q •t ��. ...............�.:e.'�• N• .:M < ' N• 111 CL I, Z I •,. 8 1 "i 1.. 1 1 + �i I toot. tt •rsNe + ' set N t• � 1110 , © �/ OeL't/ Ot Oi 1 t0�'0�1 1 , 1 � I is tt=ee t00'e$ 1 4.. !1 V N►'tt • • it 4 El t . Ea --.._ sig el $ Se I 1 Nt'/ II 011911 1�Se.Opp:e. / 4i L. • a de O`0e 11 . in O. * : -a co o p : 1 1 libT-, swot acts strt► • a. sorts. Or cm_ E? s. • I c Nt•it► 'Pert"term (� Nt•et,ttrit, NL't.' „b. «oos,,,,I I ci_ O • Ca) M r CL V +yy4~Mltl0�0�`* m III CO 3 z I 53/1. . Agenda Information Memo January 17, 1995 City Council Meeting CHANGE ORDERS/POLICE DEPARTMENT BUILDING PROJECT Change Orders, Police Department Building Project--Enclosed on pages 37 through is a staff memorandum outlining the change orders which are in order for consideration by the Council at this time. The changes result in a net add to several contracts, but are within the contingency budgeted for the project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the change orders as presented with the exception of $2,248 for the expansion joint in pco #37. 5cp 0 1 i l' MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JANUARY 12, 1995 SUBJECT: POLICE DEPARTMENT CHANGE ORDERS The following fourteen (14) change orders have been reviewed by the construction manager, architect and staff and are in order for consideration by the City Council. The changes total$24,523.14. Of this amount, $8,314 is the cost associated with construction of the generator screen wall. Because this add alternate was authorized after the contracts were executed, it shows up as a change. $6,090.37 represents changes required by the Department of Corrections, Department of Health or Americans with Disabilities Act after construction had begun. $1,729.89 of the total has been backcharged to Spancrete for clean up and cutting of planking done by other contractors. Changes not covered in these categories total $8,388.88. 1. Northland Concrete (Footings and Foundation) -Change Order#5/pco#36-Add screen sail, import additional base material, clean up for Spancrete - $3,924.93 2. Northland Concrete (Masonry) - Change Order #3/pco #37 - Add screen wall, make cell, hardware, electrical and drainage changes required by DOC, DOH, ADA and security firm, install bolts in deck and add expansion joint - $8,952.84 Staff recommends that this change order be approved with the exception of the • expansion joint in the amount of $2,248 which was not Included in the design. 3. Bergh's Fabricating - Change Order #4/pco #39 - Modify metal work to fit segmented curtain wall rather than round section offset by credit for sunshade and make changes required by DOC - $1,420 4. Glewwe Doors - Change Order #2/pco #40 - Make door changes required by DOC - $612.37 5. AWR - Change Order #2/pco #41 - Add screen wall - $614 6. Minuti-Ogle - Change Order #3/pco #42 - Add light fixtures, access panel for 3 security firm and additional bracing on upper level screen wall - $3,035 7. Swanson and Youngdale -Change Order#2/pco #54 - Delete wall patching to be covered in Municipal Center bid - ($30) 8. Grazzini Brothers - Change Order #1/pco #43 - Revise room finish - $0 9. Haldeman-Homme-Change Order#1/pco#35- Modify cabinet work details-$20 10. Romark-Change Order#2/pco#47-Revise ductwork and HVAC to accomodate other mechanicals - $132.47 11. Peterson Electric - Change Order #5/pco #48 - Make electrical changes for security firm 12. Precision Metals - Change Order #1/pco #11 - Change hardware as required by DOC - $4,712 13. Precision Metals - Change Order #3/pco #49 - Change hardware as required by DOC and security firm - $366 14. Carciofini Caulking - Change Order #2/pco #50 -Additional caulking for changes required by DOC - $40 If you have any questions, please let me know. ACTION REQUESTED OF THE CITY COUNCIL: To approve the change orders as presented with the exception of $2,248 for the expansion joint in pco #37. 51Assis t to the City Administrator CHANGE ORDER PCO No. 36 PROJECT: City f Eagan CHANGE ORDER NUMBER: 05 Police Facility Eagan, Minnesota INITIATION DATE: December 7, 1994 TO CONTRACTOR: ARCHITECTS PROJECT NO: 624.A Northland Concrete&Masonry CONSTRUCTION MANAGER'S PROJECT NO: 9423 12026 Riverwood Drive Burnsville,MN 55337 CONTRACT FOR: Bid Division 01: Concrete Footings, Foundations & Flatwork CONTRACT DATE: June 22, 1994 You are directed to make the following changes in.this Contract: o Provide all work associated with the following item(s)stated in Bulletin No. 15,dated October 3, 1994,as per your proposal dated November 14, 1994: • Revise screen wall at emergency generator. ADD $2,200.00 o Provide all work associated with the following item(s) stated in Clarification No. 24, dated November 1, 1994, as per your proposal dated December 15, 1994: • Import under floor sand cushion. ADD $750.90 Provide all work associated with the following item(s) stated in your proposal dated October 25, 1994: . • Clean Spaniard debris from precast deck. ADD 5974.03 TOTAL ADD $3,924.93 Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 195,000.00 Net change by previously authorized Change Orders • $ (565.00) The Contract Sum prior to this Change Order $ 194,435.00 The Contract Sum will be increased by this Change Order $ 3,924.93 • The new Contract Sum including this Change Order will be $ 198,359.93 The Contract Time will be unchanged by (0 )Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis, MN By: Q(5tl:A _d■ By: Date: // 9 m f Date: 12/21/aj4 Agreed to by Contractor Authorized by Owner Northland Concrete&Masonry City of Eagan Burnsville, MN / Eagan, MN • B i By: Date Date: 31 CHANGE ORDER PCO No. 37 PROJECT: City of Eagan CHANGE ORDER NUMBER: 03 Police Facility • Eagan, Minnesota INITIATION DATE: December 7, 1994 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624A Northland Concrete&Masonry CONSTRUCTION MANAGER'S PROJECT NO: 9423 12026 Riverwood Drive Burnsville,MN 55337 CONTRACT FOR: Bid Division 02: Masonry and Stone CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s) stated in Field Change Authorization No. 7, dated August 19, 1994: • Accomodate for additional sump in Bulletin No. 5. ADD $150.00 Provide all work associated with the following item(s)stated in Bulletin No.2,dated July 22, 1994,as per your proposal dated September 19, 1994: ,• Install new brick expansion joints as per Drawings RA2& RA3.\ ADD $2,248.00 glt o Provide all work associated with the following item(s) stated in your proposal dated September 29, 1994: • Build extra brick sample. ADD $0.00 Provide all work associated with the following item(s)stated Bulletin No. 15,dated October 3, 1994,as per your proposal dated November 14, 1994: • Revise screen wall at emergency generator. ADD $5,500.00 o Provide all work associated with the following item(s)stated in Bulletin No. 16, dated October 5, 1994, as per your proposal • dated October 27, 1994: • Revise walls of Cell 155 per Drawing RA 16. ADD $250.00 Provide all work associated with the following item(s)stated in Bulletin No. 18,dated November 2, 1994,as per your proposal dated November 11, 1994: • Add junction boxes. ADD $48.98 o Provide all work associated with the following item(s) stated in your proposals dated November 11, 1994: • Cut spancrete and grout for bolts. • ADD $755.86 TOTAL ADD$8,952.84 • Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith,including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was 5 570,000.00 Net change by previously authorized Change Orders $ 1,383.18 The Contract Sum prior to this Change Order $ 571,383.18 The Contract Sum will be increased by this Change Order $ 8,952.84 The new Contract Sum including this Change Order will be $ 580,336.02 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. jtecommended by construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis, MN By: it By: /. Date: /OAP Date: 11.f,Lk f 1 Aereed to by Contractor Authorized by Owner • Northland Concrete&Masonry City of Eagan Burnsville,MN ,// Eagan, MN By a i ,..i By: Date /2-/Itlf 4.0 Date: • • CHANGE ORDER PCO No. 39 PROJECT: City of Eagan CHANGE ORDER NUMBER: 04 Police Facility Eagan, Minnesota INITIATION DATE: December 8, 1994 TO CONTRACTOR: • ARCHITECT'S PROJECT NO: 624A Bergh's Fabricating, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 2208 Airport Dr. Willmar, MN 56201 CONTRACT FOR: Bid Division 04: Steel Supply and Erection CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s)stated in Field Change Authorization No. 12, dated October 21, 1994: • Re-roll angles(2-26A2)to 14'-11-1/4"radius on lieu of 15'-1". ADD $535.00 o Provide all work associated with the following item(s)stated in Bulletin No. 14,dated September 28, 1994,as per your proposal dated October 27, 1994: • Provide steel coverplates in each cell in lieu of stainless steel coverplates as per RA10. • Revise beam detail 25/9.4 as per RAI 1. ADD $885.00 TOTAL $1,420.00 Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 137,000.00 Net change by previously authorized Change Orders $ 2,343.00 The Contract Sum prior to this Change Order $ 139,343.00 The Contract Sum will be increased by this Change Order $ 1,420.00 The new Contract Sum including this Change Order will be $ 140,763.00 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. ecommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis,MN By: 1')1 Date: /.2. 9/I Date: 1 2.844 Arreed to by Contractor Authorized bvOwner Bergh's Fabricating City of Eagan Willmar, �r Eagan, MN By: to By: Date: Date: CHANGE ORDER cq'� 9a q1$/ PCO No.40 PROJECT: City of Eagan CHANGE ORDER NUMBER: 02 Police Facility Eagan, Minnesota INITIATION DATE: December 8, 1994 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Gal DEC 12 1994 Glewwe Doors, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 935 Apollo Road Eagan,MN 55121 CONTRACT FOR: Bid Division 06: Hollow Metal Doors and Frames CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s)stated in Bulletin No. 17,dated October 21, 1994,as per your proposal dated October 31, 1994: • Change opening#235 from hardware group#23 to#32. • ADD $575.00 + 12.3, o Provide all work associated with the following item(s) stated in Bulletin No. 19, dated November 17, 1994: • Add LCBM to electric strikes. ADD $0.00 TOTAL ADD $575.00 Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was S 19,530.00 Net change by previously authorized Change Orders S 2,271.00 The Contract Sum prior to this Change Order $ 21,801.00 The Contract Sum will be increased by this Change Order $612.,37 495160 The new Contract Sum including this Change Order will be S '22,376.00 The Contract Time will be unchanged by (0)Days • The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. a`l 13 3 r Recommended by Construction Manager Anoroved by Architect E&V, Incorporated Thorbeck Architects Minneapolis, MN Minneapolis, MN By: 1 ��? B t�P.t._- Date: i a- 9/9y Date:YLf'Zb/94 ligreed to by Contractor uthorized by Owner Glewwe Doors City of Eagan Eagan, IA Eagan, MN i By: ,l!� . By: Date: /6 Date: 1/41(412""" - - CHANGE ORDER PCO No.41 PROJECT: City of Eagan CHANGE ORDER NUMBER: 02 • Police Facility Eagan, Minnesota INITIATION DATE: December 8, 1994 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A AWR,Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 3023 Snelling Avenue Minneapolis, MN 55406 CONTRACT FOR: Bid Division 08: Roofing and Related Sheet Metal CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s)stated in Bulletin No. 15, dated October 3, 1994,as per your proposal dated December 2, 1994: • Revise screen wall at emergency generator as per Drawing RA14. ADD $614.00 TOTAL $614.00 Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in,the Contract Sum or the Contract time. The Original Contract Sum was 5 69,952.00 Net change by previously authorized Change Orders $ 1,500.00 The Contract Sum prior to this Change Order S 71,452.00 The Contract Sum will be increased by this Change Order $ 614.00 The new Contract Sum including this Change Order will be $ 72,066.00 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Jtecommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis, MN By:Th P By: LDLA Date: 1 a l9 S id Date: 12-12414+ Agreed to by Contractor Authorized by Owner AWR, Inc. City of Eagan Minneapolis,MN Eagan, MN By By: Date: !z ! Date: kikk • / CHANGE ORDER t•—--• ?co No.42 DEC " 4 PROJECT: City of Eagan CHANGE ORDER NUMBER: 03 Police Facility Eagan, Minnesota INITIATION DATE: December 8, 1994 TO CONTRACTOR ARCHITECT'S PROJECT NO: 624A Minuti-Ogle Company, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 2922 Oakland Avenue South Minneapolis,MN 55407 CONTRACT FOR: Bid Division 09: Steel Studs and Drywall CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: -o Provide all work associated with the following item(s)stated in Bulletin No. 15,dated October 3, 1994,as per your proposal dated October 14, 1994: • Add cove light in toilet rooms at Type 'D' electrical fixture locations per Drawing RA14. ADD $1,645.00 Provide all work associated with the following item(s)stated in Bulletin No. 18,dated November 2, 1994,as per your proposal dated November 11, 1994: • Add one access panel in the ceilings of Rm. 150, 151, 153, and 171. ADD $500.00 o Provide all work associated with the following item(s)stated in Field Change Authorization No. 15,dated November 17, 1994, as per your proposal dated November 17, 1994: • Provide bracing at hanging wall along Grid 'B' and at radius segmented wall. ADD $890.00 TOTAL $3,035.00 Rot valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 106,760.00 Net change by previously authorized Change Orders $ (8,804.00) The Contract Sum prior to this Change Order $ 97,956.00 The Contract Sum will be increased by this Change Order $ 3,035.00 The new Contract Sum including this Change Order will be $ 100,991.00 The Contract Time will be unchanged by (0 )Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis, MN Minneapolis, MN By:c1 r[ - By: aPAO Date: l a 9f Date: (?.f 2 greed to b 'n. • or • Authorized by Owner Minuti-Ogle Co.. . l•, 'c. City of Eagan Minneapo •- •I. Eagan, MN By: — By: Date: 12,11.`74-. Date: (- ki • I HANGE ORDER • `` PCO No. 54 ^• l:�J PROJECT: City of Eagan CHANGE ORDER NUMBER: 02 DEC 2 7 1994 Police Facility • f '� •r Fagan, Minnesota - INITIATION DATE: December 19, 1994 or:Fri,t TO CONTRACTOR: • r r c ARCHITECTS PROJECT NO: 624.A Swanson and Youngdale, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 P.O.Box 26070 Minneapolis,MN 55426 CONTRACT FOR Bid Division 11: Painting and Wallcovering CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s) stated in Bulletin No. 20A, dated November 30, 1994, as per your proposal dated Decmber 12, 1994: • Delete painting of existing window patch. DEDUCT ($30.00) TOTAL ($30.00) • Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 32,045.00 Net change by previously authorized Change Orders $ (196.00) The Contract Sum prior to this Change Order $ 31,849.00 The Contract Sum will be decreased by this Change Order S (30.00) The new Contract Sum including this Change Order will be S 31,819.00 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,� ,MMN Minneapolis, MN By:6// lllc-;/ % By: t9. Date: 1.7-i1-1.1 Date: 1 •12.6/94. Agreed to by Contractor Authorized by Owner Swanson and Youngdal City of Eagan. • By:Date: Iz-22.._ B : By: Date: CHANGE ORDER PCO No.43 PROJECT: City of Eagan CHANGE ORDER NUMBER: 01 DEC Z p Police Facility " 1 o 9,; Eagan, Minnesota . INITIATION DATE: December 8, 1994 � 'W�Ohr�j1±A� TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Grazzini Brothers& Company CONSTRUCTION MANAGER'S PROJECT NO: 9423 1200 West 79th Street Minneapolis, MN 55420 CONTRACT FOR: Bid Division 13: Quarry and Ceramic Tile CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s)stated in Bulletin No. 8, dated August 19, 1994. • Revise Room Finish of Room 137 to be the same as Room 141. ADD $0.00 TOTAL ($0.00) Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was S 12,995.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order $ 12,995.00 The Contract Sum will be decreased by this Change Order $ 0.00 The new Contract Sum including this Change Order will be $ 12,995.00 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Am:roved by Architect E&V,,Incorporated Thorbeck Architects Minneapolis, MN Minneapolis, MN By: 11( By: �. Date: i c9-�419y Date: l'2114/41+ Agreed to by Contractor Authorized by Owner Grazzini Brothers& Company City of Eagan Minneapolis, MN` Eagan, MN . •ate: / T 9 I y 4 Date: • Lift (4). • CHANGE ORDER REVISED PCO No. 35 • PROJECT: City of Eagan CHANGE ORDER NUMBER: 01 Police Facility Eagan, Minnesota INITIATION DATE: December 7, 1994 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A • Haldeman-Homme Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 430 Industrial Park Blvd. Minneapolis,MN 55413 CONTRACT FOR Bid Division 15: Casework CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the changes do to revised elevations to shop drawings are as follows as per Haldeman-Homme letters dated November 21, 1994,and December 2, 1994, as per Thorbeck Architects letter dated November 22, 1994: 1. Elev. 6-Suggestion of 3 -48" and 1 -21"unit is acceptable. ADD $0.00 2. Elev. 7-Use solid hinged standard glass doors with touch latches at cabinets 38, 39 and 40. ADD $0.00 3. Elev. 13 - Increase the cabinet depths from 17-1/4"to 24-1/4". ADD $0.00 4. Elev. 20& 21 -Replace the 1162 unit with an apron and pedestal support. DEDUCT ($52.00) 5. Elev. 24 -Replace the 4 modified 33" 5282 units with 3 modified 45"wide units. DEDUCT ($145.00) 6. Elev. 32& 33 -Add 2 single door locks and 2 double door locks. ADD $55.00 7. Elev. 35 -Change 4 27"wide 3052 units and 1 39"wide 3052 unit into 4 30"wide and 1 27"wide units with centered vertical dividers and left hinged locks. ADD $156.00 8. Elev. 48 -Replace the sink unit with an apron. DEDUCT ($107.00) 9. Elev. 19& 53 -Add a plastic laminate countertop bracket in each room. ADD • $113.00 TOTAL $20.00 Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 73,914.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order $ 73,914.00 The Contract Sum will be increased by this Change Order $ 20.00 The new Contract Sum including this Change Order will be $ 73,934.00 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis,MN By: ' .�` - By: 1,0 I - Date: •yJJ ' Date: YL 24 Agreed to by Contractor Authorized by Owner Haldeman-Homme, Inc. City f Eagan Minneapolis,MN Eagan, MN By: � By: Date: 1,7trr4r Likei Date: - CHANGE ORDER PCO No.47 PROJECT: City of Eagan CHANGE ORDER NUMBER: 02 Police Facility Eagan,Minnesota INITIATION DATE: December 8, 1994 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Romark, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 278 Chester Street St.Paul,MN 55107 CONTRACT FOR: Bid Division 23: HVAC CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s)stated in Bulletin No. 11, dated September 16, 1994: . • Revised upper/entry levels duct/pipe shaft, B04, and revised roof plan. ADD $0.00 o Provide all work associated with the following item(s) stated in Bulletin No. 13, dated September 29, 1994, as your proposal dated October 13, 1994: •Changes in the entry level-HVAC,per Sheet M12 ADD $132.47 TOTAL $132.47 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 559,000.00 Net change by previously authorized Change Orders $ - (995.00) The Contract Sum prior to this Change Order $ 558,005.00 The Contract Sum will be increased by this Change Order $ 132.47 The new Contract Sum including this Change Order will be $ 558,137.47 The Contract Time will be unchanged by (0 )Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. jtecommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN L Minneapolis, MN By: , , l c=�T'zc - By: L Date: Jc9- 9/4Y Date: 12-/ 4 A Agreed to by Contractor Authorized by Owner Romark, Inc. City of Eagan St.Paul,MN Eagan, MN By: a Z By: Date: f2-/h►- Date: ‘Immir CHANGE ORDER PCO No. 48 PROJECT: City of Eagan CHANGE ORDER NUMBER.: 05 Police Facility D EC 1 4 1 C P ' Eagan, Minnesota INITIATION DATE: December 8, 1994 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Petersen Electric Unlimited CONSTRUCTION MANAGER'S PROJECT NO: 9423 12903 Pioneer Trail Eden Prarie,MN 55347 CONTRACT FOR: Bid Division 25: Electrical • CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin No. 15 dated, October 3, 1994, as per your proposal,dated October 13, 1994: •‘ Add cove light in toilet rooms at Type 'D' electrical fixture locations. ADD $0.00 Provide all work associated with the following item(s) stated in Bulletin No. 18 dated,November 2, 1994, as per your • proposal, dated November 9, 1994: • Add junction boxes. ADD $456.53 TOTAL $456.53 Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 417,905.00 • Net change by previously authorized Change Orders $ (5,785.69) The Contract Sum prior to this Change Order $ 412,119.31 The Contract Sum will be increased by this Change Order $ 456.53 The new Contract Sum including this Change Order•will be $ 412,575.84 The Contract Time will be unchanged by (0 )Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis, MN By: .7/15:-.174"40e.., By: • Date: /a 9/9, Date: /2./1.4w/4+ At reed to by Contractor authorized by Owner Petersen Electric Unlimited City of Eagan Eden Prarie,MN Eagan, MN By: By: Date: lh � Date:• 40\ .t • CHANGE ORDER PCO No. 11 • PROJECT: City of Eagan CHANGE ORDER NUMBER: 01 Police Facility Eagan, Minnesota INITIATION DATE: October 11, 1994 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624A Precision Metals, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 5365 N. 124th Street Milwaukee,WI 53225 CONTRACT FOR: Bid Division 27: Precision Metals, Inc. CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s): • 5-Group 35 at cpeningr#149D, #149E, #150A,#150B &#171B. • 1 -Group 36 at opening#171A. ADD $4,062.00 o Provide all work associated with the following item(s) as per D.O.C. letter, dated September 9, 1994. • Change in Hardware-Group 40(Security Door Pulls). ADD $650.00 TOTAL $4712.00 Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 16,800.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order $ 16,800.00 The Contract Sum will be increased by this Change Order • $ 4,712.00 The new Contract Sum including this Change Order will be $ 21,512.00 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis, lei By: Date: (ok [Sy Date: 12/1A6(44. Agreed to by Contractor Authorized by Owner Precision Metals,Inc. City of Eagan igra . Eagan,MN By: By: . Date: eo. . e M. KO: igs, President . Date: uctober 28, 19.4 5 0 CHANGE ORDER PCO No. 49 PROJECT: City of Eagan CHANGE ORDER NUMBER: 03 Police Facility Eagan, Minnesota INITIATION DATE: December 8, 1994 TO CONTRACTOR ARCHITECTS PROJECT NO: 624A Precision Metals, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 5365 N. 124th Street Milwaukee,WI 53225 CONTRACT FOR: Bid Division 27: Precision Metals, Inc. CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s)stated in Bulletin No. 19, dated November 17, 1994, as per your proposal dated November 29, 1994: •Change Folger Adams 82 lock called out on the cell doors to a 82-6. ADD $180.00 • Change Folger Adams 310 2 3/4 strike to include a LCBM monitoring switch. ADD $186.00 TOTAL $366.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was S 16,800.00 Net change by previously authorized Change Orders S 8,770.00 The Contract Sum prior to this Change Order $ 25,570.00 The Contract Sum will be increased by this Change Order S 366.00 The new Contract Sum including this Change Order will be S 25,936.00 The Contract Time will be unchanged by (0 )Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Apnroved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis, MN • By: By: 11.101.4 i..w...— Date: / a-/Ti I'y Date: 11,1 14/44 Agreed to by Contractor Authorized by Owner Precision Metals,Inc. City of Eagan Milwaukee,WI Eagan, MN • 7 By: % . • r BY: i N�us Date: Date• • VICE PRESIDENT CHANGE ORDER PCO No. 50 PROJECT: City of Eagan CHANGE ORDER NUMBER: 02 Police Facility Eagan, Minnesota INITIATION DATE: December 8, 1994 DEC 1 4 1.9P/ TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Carciofini Caulking Company . CONSTRUCTION MANAGER'S PROJECT NO: 9423 755 Fourth Street NW New Brighton, MN 55112 CONTRACT FOR: Bid Division 28: Caulking . CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s)stated Bulletin 14,dated September 28, 1994,as per your proposal dated October 24, 1994: • Added caulking at beam detail at ceiling 158. ADD $40.00 Provide all work associated with the following item(s) stated Bulletin 15, dated October 3, 1994, as per your proposal dated October 14, 1994: • Revise screen wall at emergency generator per Drawing RA14. ADD $0.00 TOTAL $40.00 • Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 8,800.00 Net change by previously authorized Change Orders S 112.00 The Contract Sum prior to this Change Order S 8,912.00 The Contract Sum will be increased by this Change Order S 40.00 • The new Contract Sum including this Change Order will be $ 8,952.00 The Contract Time will be unchanged by (0 )Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. )tecommended by Construction Manager Approved by Architect E&V, Incorporated Thorbech Architects Minneapolis, MN Minneapolis, MN By: (2.5L By: �• 1 Date: 1 c? q/4 y - Date:YL/'0l'l4- Agreed to by Contractor Authorized by Owner • Carciofini Caulking Company City of Eagan New •ghton„W N Eagan, MN B • �0�? By: Date: 1 a- a Date: _ _ • • , Agenda Information Memo January 17, 1995 City Council Meeting AWARD CONTRACT/COMMUNICATION CABLING E. Award Contract, ' s lice Department/Municipal Center Communication Cabling-- Enclosed on pages through 60 is a summary and recommendation of the cabling consultant for the co" u unications cabling work in the Police Department and remodelled City Hall. Budget plus contingency for this work amounted to $79,871. The low bidder, AUS Communications, presented a bid of $76,248.41. Since the proposed bid is within budget, staff is recommending that the bid be awarded to AUS Communications in the amounts indicated. ACTION TO BE CONSIDERED ON THIS ITEM: To award the Police Department/ Municipal Center communication cabling contract with AUS Communications in the amount of $76,248.41. Sr? . JAN-12-95 THU 15:59 P. 02 CITY OF EAGAN { cablina Recommendation January 12, 1995 Prepared by Felix Fayngersh Tom Pavek ELERT&ASSOCIATES 612-430-2772 R=96% 01-12-95 04:00PM P002 #04 JAN-12-95 THU 16:00 • P. 03 CITY OF EAGAN The purpose of this study is to summarize our evaluation of cabling proposals for the City of Eagan and to present our Initial recommendation. Our evaluation is based on: 1. Our review of the needs analysis we performed in the Initial study for the City of Eagan. 2. Our review of cabling bid responses for the City of Eagan. Our evaluation of vendor proposals was based on six separate criteria in two categories. Each vendor was ranked 1 - 10 on each criterion: gRITERIA WEIGHT 1. Cost 50 2. Vendor 50 Note: Elert&Associates represents that the information and recommendations contained within this report are prepared for the City of Eagan based on the most current data made available during the specified study period This report is meant to be only advisory In nature. The City of Eagan's management Is responsible for all consequences resulting from their decisions in accepting, rejecting, or implementing these recommendations. Rt979G 01-12-95 04:00PM P003 #04 JAN-12-95 THU 16:00 P. 04 CITY OF EAGAN propgsal specifications were comoiled_and.provided to the following vendors: 1. All Brands Communications 2. Americable 3. A.U.S. Communications 4. CS! 5. Dell-Comm 6. Peoples Communications 7. U.S. Premise proposals were received from the following vendors: 1. Americable 2. A,U.S. Communications 3. CSI 4. Peoples Communications 5. U.S. Premise • • S (C' R•97% 01-12-95 04:OOPM P004 #04 JAN-12-95 THU 16:01 P. 05 VW Cli :':.n ''..-'• r i_: :: : :4 IA. _ t_ g ° S ° -p o'u !o1 �d [V r r is 0 1 I-.. t I aQ 000c � 000 ,t...I , : Nrr t.a -,c U, OOcgln �� •• .:m � •� is iw3i Qo08-a V .O :: g 'r� N r r ;r l i,. u7 N .• , ';-;,:l ",. I �::. 2i.':: ;; ' r 4 s: w y r 1 li .4. • L ''.74�� CAA r.� ...7.: 3 . 1i iNS gl L C Y+&i ' ,, R-9796 5 '7 01-12-95 04:OOPM P005 #04 JAN-12-95 THU 16:01 P. 06 NOTES, COST Full points were awarded to A.U.S. for being the low cost vendor at$76,284.41. One point was deducted for every five percent in cost variance, One point was deducted from U.S. Premise,five points were deducted from CSI, and seven points were deducted from Peoples Communications and Americable, VENDOR Financial Stability-All vendors appear to be in sound financial position. Full points were awarded to all vendors. industry Experience -All vendors are familiar with this type of project and have solid references. Full points were awarded to all vendors. Reouttation -All vendors have a good reputation within the industry. Full points were awarded to all vendors. Familiarity with Proiect - Seven points were deducted from Americable for having numerous discrepancies within the bid. Full points were awarded to all other vendors. #of Trained Technicians -All vendors have an adequate number of technicians. Full points were awarded to all vendors. R■97% 01-12-95 04:OOPM P006 #04 JAN-I2-95 THU 16:02 P. 07 POINT TOTALS ��'^h.�.:.;:.�.""!'�±M .y]' ,�c�•� ,�,:'.,w .%�:.� .1,"i::!y.::::r'•:•.:�.• i:'.:��... �rx�. .D�'•R,u�i •::::!'��.w,��.►ra�!t•_ Rwwwwt;r.Xi e.��•.•;i..+�ii:±l{. r� l++.�t��:...;;:•:�:�S4e �.+ �:::.;, : :: L /: !! :,.�.«.... ..��,... A.U.S. Communications 1,000 U.S. Premise - 950 — CSI SOO Peoples Communications 650 Americable 680 Elert &Associates recommends that the City of Eagan negotiate a contract with A.U.S. Communications. R-97% 571 01-12-95 04:OOPM P007 #;04 JAN-12-95 THU 16:02 P. M til • .I N RS gW gm I c�, r ,- • wit fa In.49 In in lil►1e O 10+70 r8 TO4.4:284. 7.) lO 24 - r °1D V 0 o. � • to - 1 • t9 Ho, • : 8888 V . N h I * 49 W 19 V3 i 9 .. - in S .. -- g ... 6' 4 m ` ¢ 47 R. Rai 4 oD ain in 49 to I Ci od ap A � atiel r V EL .. I' m i E p W C .l 1 "4 ' aY . . ( ii-i�-. 11/4) 8-9716 01-12-95 04:OOPM P008 #04 Agenda Information Memo January 17, 1995 City Council Meeting MINNESOTA VALLEY HUMANE SOCIETY/DOUGHERTY'S PULL TAB PERMIT F. Gambling Application, Minnesota Valley Hymane Society, for pull-tabs at Dougherty's Restaurant--Enclosed on pages (gZ through to is a copy of correspondence received from the Minnesota Valley Humane Society relative to this application. Also enclosed without page number is a copy of the application form and police report. The application is in order and staff has identified no reasons to deny the permit at this time. It should be noted that the Minnesota Valley Humane Society also holds pull-tab permits for LaFonda's Restaurant and the Valley Lounge. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the gambling permit application for the Minnesota Valley Humane Society at Dougherty's Restaurant as presented. c January 6, 1995 Honorable Mayor Egan Eagan Council Members;Pat Awada, Shawn Hunter, Sandra Masin,Ted Wachter • City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Eagan and Council Members: This letter is a request to the council from our organization regarding a possible third charitable gambling site in the city of Eagan. Several weeks ago the owner of Dougherty's,Robert Dougherty contacted one of our site managers at LaFonda's Restaurant to see if there was any interest from our organization in selling pull-tabs at Dougherty's. When I learned of his interest,I contacted Liz Witt to see whether or not an organization that already had two gambling sites in Eagan should pursue a third. Ms. Witt indicated that she was not aware of any other organization that had two sites but was not aware of any ordinance prohibiting that action. I then contacted Mayor Egan to see if a third site was something we might continue to pursue. Mr. Egan indicated that he also was not aware of anything that would prohibit our application. Mr. Dougherty has spoken with the Eagan Lions Club and the Eagan Knights of Columbus and they have not indicated any interest in pursuing pull-tabs in his restaurant at this time. We have not contacted the Eagan Hockey Boosters so we do not know whether or not they are interested. This application is being made with the understanding that the city has not had any civic organization with more than two sites. Minnesota Valley Humane Society • 1313 E. - , =umsville, MN 55337 • (612) 894-5000 I � If the mayor or any of the council members have any questions or comments,please don't hesitate to contact me at 894-5000. Thank you for your consideration. Respectfully, jolg•s/ Dean Weigel Executive Director 6.3 Agenda Information Memo January 17, 1995, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE FINAL PYMT G. Contract 93-07,Acknowledge Completion/Authorize Final Payment(Wenzel Addition - Streets & Utilities)--The installation of public improvements under the above-referenced contract has been completed in accordance with the City prepared plans and specifications. All inspections have been performed by representatives of the Public Works Department and found to be in conformance with said plans and specs. Subsequently, the contractor has requested final payment and acceptance of perpetual maintenance by the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fifth and final payment for Contract 93-07 (Wenzel Addition - Street & Utilities) in the amount of$57,211.35 and authorize acceptance for perpetual maintenance subject to related warranty provisions. • ("f Agenda Information Memo January 17, 1995 City Council Meeting DESIGNATE PROJECT REPRESENTATIVE SCHWANZ LAKE CLEANWATER PARTNERSHIP H. Resolution Designating Rich Brasch as Project Representative for Schwanz Lake Cleanwater Partnership Phase II Project—The City's grant application with the Cleanwater Partnership for Phase II of the Schwanz Lake Project requires designation of a City person as the project representative and primary contact for grant application. The City's Water Resources Coordinator, Rich Brasch, has served in this capacity in other grant applications. It is recommended that he be designated as project representative for this grant as well. A copy of a resolution is enclosed on page (Rif. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution designating Rich Brasch as project representative for the Schwanz Lake Cleanwater Partnership Phase II Project, as presented. RESOLUTION OF THE CITY OF EAGAN IDENTIFYING PROJECT REPRESENTATIVE BE IT RESOLVED by the Eagan City Council that it hereby designates Rich Brasch,Water Resources Coordinator, as the Pr ject Representative for the Schwanz Lake Cleanwater Partnership Phase II Project. The Project Representative shall have the authority to represent the City of Eagan in all matters that do not specifically require action by the Eagan City Council. The Minnesota Pollution Control Agency(MPCA) shall direct Cleanwater partnership correspondence to the Project Representative and shall consider correspondence from and actions taken by the Project Representative to be that of the Eagan City Council. - RESOLUTION INTRODUCED BY: RESOLUTION SECONDED BY: VOTE ON RESOLUTION: WHEREUPON the above resolution was adopted at the meeting of the City Council. (Authorized Signature) Date (Tide) STATE OF MINNESOTA DAKOTA COUNTY I, do hereby certify that I am the custodian of the minutes of all proceedings had and held by the City Council of said City of Eagan that I have compared the above resolution with the original passed and adopted by the City Council of said City of Eagan at a regular meeting thereof held on the day of at the Eagan Municipal Center, that the above constitutes a true and correct copy thereof, that the same has not been amended or rescinded and is in full force and effect. IN WITNESS WHEREOF, I have hereunto placed my hand and signature this day of • and have hereunto affixed the seal of the City of Eagan. • • Authorized Signature Title (SEAL) 38wpresoluduor `'C Agenda Information Memo January 17, 1995, City Council Meeting 1995 CALENDAR YEAR CITY.COUNCIL ORGANIZATIONAL BUSINESS Each calendar year, Organization Business is considered at the second regular City Council meeting in January. The items that require action of the City Council include: A) Advisory Commission Appointments B) Acting Mayor C) Legal Newspaper D) City Council Meeting Dates E) Council Meeting Procedures F) Council Standing Committee/Representative Appointments In addition, Dakota County has requested that the City of Eagan make an appointment to the Dakota County Deer Management Evaluation Team. A. ADVISORY COMMISSION APPOINTMENTS: The following are the advisory commissions that make recommendations to the City Council: Airport Relations Committee Joint Burnsville/Eagan Cable Commission Gun Club Lake Watershed Management Organization Solid Waste Abatement Commission Economic Development Commission Advisory Planning Commission Advisory Parks, Recreation & Natural Resources Commission Advertisements were placed in the City Newsletter and local newspapers in December indicating that vacancies existed on advisory commissions. Letters were received from 31 residents seeking either reappointment or appointment to an advisory commission. All residents, including those currently serving on a commission, were invited to an interview with the City Council on January 10, 1995. The Council interviewed 25 individuals and appointed Ann Carlon as an ex-officio, Community Events Liaison to the EDC, APC and APRNRC. Ballots will be distributed by the City Administrator for each commission. The number of vacancies is listed on each ballot. It is required by law that each City Councilmember initial each ballot and the City Administrator will be the custodian of ballots,announcing the votes for each commission appointment. A commission appointment requires a majority vote by the City Council. (01 Agenda Information Memo January 17, 1995, City Council Meeting 1. Airport Relations Commission--This commission exists at the discretion of the City Council without formal authorization in the City Code. The Commission reviews airport issues within the City of Eagan and recommends airport related policy to the City Council. Jane Vanderpoel recently expressed her interest in being reappointed to this commission, and her Background Information Form and letter are attached as pages.73 through 4 . The following are applicants for the Airport Relations Commission: Present Members Meetings Missed: Lois Monson 4 out of 11 Jane Vanderpoel 5 out of 11 Lance Staricha (currently Alternate) 1 out of 11 New Applicants: Jonathon White Deodhar Anil Paul Teske (APRNRC, ARC, APC, BECCC) REQUESTED ACTION: Make three appointments for 3-year terms, and two alternates for 1-year terms. 2. Joint Burnsville/Eagan Cable Communications Commission--This commission oversees the administration of the Joint Burnsville/Eagan Cable Television system. Only the alternate position was due to expire this year; however, due to resignations, two additional openings exist--one for a one year term, and one for a two year term. In addition to articles in the newspaper and community newsletter,a notice was placed on the Government Access Channel. There is only one applicant at this time: Paul Teske (APRNRC, ARC, APC, BECCC) REQUESTED ACTION: Continue for one month to pursue additional candidates,using the Public Access Channels to advertise the vacancies. 3. Gun Club Lake Watershed Management Organization—This commission coordinates the management of water resources within the Gun Club Lake Watershed. With the resignation of John VonDeLinde, a vacancy exists on this commission for a staff member to serve an indefinite term. Tom Colbert has been the alternate on this commission. A continuance is requested until a replacement is selected to fill Mr. VonDeLinde's position. REQUESTED ACTION: Continue the appoim ent indefinitely. (P • Agenda Information Memo January 17, 1995, City Council Meeting 4. Solid Waste Abatement Commission--This commission reviews waste management issues and policies which include the Eagan recycling program. Members include business and hauling community representatives and residents. There are currently openings for one resident representative, one business representative, one hauler representative, and one alternate. Those applying for a position on the commission are as follows: Present Members Meetings Missed: Wally Wall (hauler) 1 out of 12 Terry Davis (resident) (SWAC; APC) 1 out of 12 New Applicants: B.A. Swensied (business) REQUESTED ACTION: Appoint one resident, one business representative and one hauler for 3-year terms, and one alternate for a 1-year term. 5. Economic Development Commission--This commmission promotes the City's commercial- industrial climate, recommends general policy directions, and advises the City Council on matters pertaining to industry and commerce. It exists at the discretion of the City Council without formal authorization in the City Code, and terms are on a staggered, three-year basis. Those applying for a position on the commission are as follows: Present Members Meetings Missed: Patrick Grinde 5 out of 11 Roger Hughes (eligible for two year term) 4 out of 11 Tom Pederson (requested a one year term only) 2 out of 11 New Applicants F. Shirley Grant (EDC; APRNRC) Tim Wilkin Ron Voracek Ross Bertelsen (APC; APRNRC; EDC) REQUESTED ACTION: Appoint three members for 3-year terms. 6. Advisory Planning Commission--This commission reviews development plans and makes recommendations to the City Council. Daniel Seidel,who is currently the alternate,and had previously applied for membership,has withdrawn his name from consideration. His 1 er, along with a letter from Ross Bertelson, are attached as pages ' '7 and 7 . Therefore, those applying for a position on the commission are as follows: Agenda Information Memo January 17, 1995, City Council Meeting Present Members Meetings Missed: ' Jerry Segal 0 out of 10 Mark S. Miller (eligible for two year term) 1 out of 10 New Applicants Marie Anderson Cory Bultema Peggy A. Carlson Steven Burdorf Ross A. Bertelson (APC; APRNRC; EDC) Mark Filipi Terry Davis (SWAC; APC) Paul Teske (APRNRC, ARC, APC, BECCC) REQUESTED ACTION: Appoint three members for 3-year terms, and one alternate for a 1-year term. 7. Advisory Parks,Recreation &Natural Resources Commission--This commission advises the City Council regarding park dedication by developers,purchase of additional park land, City recreation programs, and natural resources issues. Those applying for a position on the commission are as follows: Present Members Meetings Missed: John Rudolph 3 out of 11 Stephen Thompson 2 out of 11 Sherie Wallace 0 out of 6 New Applicants: Tom Walkington Christie Soderling Jerry D. Walerak F. Shirley Grant (EDC; APRNRC) Ross Bertelsen (APC; APRNRC; EDC) Steven Burdorf(APC; APRNRC) Paul Teske (APRNRC, ARC, APC, BECCC) REQUESTED ACTION: Appoint four members for a 3 year term, and one alternate for a 1-year term. Agenda Information Memo January 17, 1995, City Council Meeting ACTING MAYOR B. Acting Mayor--There is a statutory requirement that a member of the City Council be appointed as acting mayor. All councilmembers are eligible for this appointment. The acting mayor presides in the absence of Mayor Egan at Council meetings and all other activities pertaining to the City of Eagan. Historically, the Mayor has made this appointment. REQUESTED ACTION: Appoint a member of the City Council as acting mayor. LEGAL NEWSPAPER C. Legal Newspaper--There is a statutory requirement to designate a newspaper as the official legal newspaper for the City. The City can only designate a legal newspaper of general circulation in the City as its official newspaper for publication of items required by law, and other matters that the Council deems advisable and in the public interest to be published. The City has received one proposal from This Week Newspapers/Dakota County Tribune, Inc. and a copy is enclosed on pages -77 through 8'Q . REQUESTED ACTION: Approve retention of This Week Newspapers as the City of Eagan's offical legal newspaper. CITY COUNCIL MEETING DATES D. City Council Meetings--The City Council must designate the dates and times of regular City Council meetings, which have traditionally been the first and third Tuesdays at 6:30 p.m. A tentative schedule is attached on page r I designating the first and third Tuesdays as regular Council meeting dates, with the exception of three meetings which fall on holidays or election days. For those dates, an alternate date is suggested. REQUESTED ACTION: Approve or modify the 1995 Schedule of Council Meetings as presented with the alternate dates. CITY COUNCIL MEETING PROCEDURES E. Council Meeting Procedures--To keep the agenda moving smoothly, the Council each year has adopted basic guidelines for making presentations before the Council. hi addition, a handout has been developed incorporating these guidelines d an explanation of the Council meeting process. A copy has been included on pages �- through through • .r3 for the Council's review and appropriate revisions or approval. t is being sug.4. 1 that 1 Agenda Information Memo January 17, 1995, City Council Meeting "Additional Information"be removed from the agenda. It is felt that items normally placed under this category can be placed elsewhere on the agenda. REQUESTED ACTION: Approve the attached guidelines/handout for public participation in City Council meetings, eliminating "Additional Information" from the agenda format. _COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS F. Council Committee Appointments—Standing committees of the City Council have been used to examine a specific subject matter at the request of the City Council. The committees consist of two members of the Council and act in an advisory capacity to the Council. The standing committees for 1994 were as follows: Finance Committee: Hunter (Chair) and Masin Public Works Committee: Wachter (Chair) and Egan Personnel Committee: Awada (Chair) and Hunter Historically, the Mayor has made the appointments to standing committees. The representative positions for 1994 were as follows: Minnesota Valley Transit Authority Board: Masin School District #191: Masin School District #196: Hunter School District #197: Egan Dakota County League of Governments: Hunter History Committee: Wachter Caponi Art Park Committee: Awada, Masin Minnesota Legislative Committee Board: Egan Central Area Task Force: Awada, Hunter Historically,appointments to representative positions have been made by Council consensus. REQUESTED ACTION: The Mayor to appoint members of Council standing committees; and for the Council to volunteer as representatives to the above referenced groups. DAKOTA COUNTY DEER MANAGEMENT EVALUATION TEAM G. Dakota County Deer Management Evaluation Team—Dakota County has requested that the City of Eagan appoint a representative to serve on their Deer Management Evaluation Team to represent the City of Eagan in developing a deer management project in a county parks.�A copy of the letter from Dakota County is enclosed on pages through s We received a letter of interest from T.R. Michels, enclosed on ag 8` ! , who is very interested in this issue. REQUESTED ACTION: Appoint T.R. Michels as a citizen representative on the Dakota County Deer Management Evaluation Team. ID: JAN 12'95 16 :11 No .002 P.04 CITY OP PAGAN BACKGROUND INFORMATION FORM 1 _ _ *Please type or print dearly in ink 1.„1 Ot vie, \1 CUrae<poe-i _ 11495 Name Date In order that the Mayor and Councihnembers have a better understanding of your background and interests,please provide the Mowing information: (Attach*era sheets if maser ) . n Home Address 5 to D .u�tetrtak Rd. Phone (H) 4 54--"P•gg0 • How long have you lived in Eagan? . , years l 1-1 . .6( Of Re.2 rest,►&*& oZ Occupation • rc. C,a y'6,-61/ Phone(W)__ L. - .5d3 'Please indicate which Committees/Commissibu you are applying for. List only those you sapid be seriously interested in serving on. lit choice 'rhav'ti IQ-4�a _ C 4c . gad Choice i t 3rd Choice _ 46 Chou • Prior mince;on City Commissions,City Boards,etc. se.wer{ Q 41.-)ft - (rt. L- rkt_ Al?Net• .1 a-EI•¢n..a acntArn:E-•Hee, `41\ 61e.p;ryes_ r',,oloktt__ ht"t serve . a.; its l u. /a 300d L9t696E6 0z 3 NVOY3 N Ail -• � �0�� 195 6p 56-11 �0 R■98% 01-12-95 04: 14PM P004 #05 ID: JAN 12'95 16: 11 No .002 P.05 • Provide a short paragraph .ammmizing why you are nada& an appointment to a Commission in the City of fin. ifi-ticSt• _s ee, _ sect _ I e-*/). — • l-__ i • /_ - - .. .�, r 7 %.• • • Briefly describe your background, experience and any other Information not.previOusly given which you believe should be considered reprding the appointment you me seeping. _„-. - - • • - _ - V _ • Rehm to City Administrator Date Recd • City of Eagan (For ice Use Only) 3330 Pilot Knob Road - Kagan MN 55122 Telephone: (6L2) 63141600 • - • £00d - L9t696g6 OJ 1 NVOYI d0 A110 NO 14V9g:5 96-11-10 12...97% 01-12-95 04: 14PM P005 #05 ID: JAN 12'95 16 :10 No .002 P.02 Eagan City Council members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 January 11, 1995 Dear City Council members: Thanks for letting me pop in unannounced in between your interviews on Thesday evening. I appreciate the opportunity to "re-interview" this way. To recap: I have been a member of the Airport Relations Committee for the last three years. I have enjoyed the assignment and I feel there are still many unresolved issues that I'd like to see through. Jon Hohenstein is very thorough; I'm certain he sent the appropriate notice to me that my term was up and that I would need to re-apply. But somehow I missed it in the mail and thus Fm now in the unfortunate position of having to ask that you consider me for re- appointment in this rather unorthodox way. A little biographical information about me might be helpful to you. My husband and I have lived in Eagan for five years and in Apple Valley for four years before that. We have a two- year-old with another expected in July; our favorite family activity is walking through nearby Northview Park with our dog. I have worked for the state House of Representatives for the last eight years as a researcher on courts/crime, housing and gambling issues. I have a B.A. degree from the University of Minnesota In Journalism and have worked for several newspapers (including the Burnsville Current). I came to the Legislature after helping KTCA Public Television launch its public affairs magazine program Almanac. In my spare time, I am a member of the Citizens League's Board of Directors, I serve on weekends in the Minnesota National Guard, and I play a flute in the Inver Hills (Community College) Concert Band. The issues that are of special concern to me as a member of the Airport Relations Committee are these: 1. Deviation from the corridor. For reasons that I haven't been able to get any good answers about, a considerable number of flights (1/3 in a recent month) are flying out of the corridor on takeoffs or landings. This means increasing numbers of Eagan citizens are getting air traffic noise and they have expressed great unhappiness about It Unfortunately, many of them are n w homeowners who researched things like airport noise and were satisfied they'd have little of that problem when they made the decision to build/buy their homes. I think we owe it to R-98% y 01-12-95 04: 14PM P002 #05 ID : JAN 12'95 16 :10 No .002 P.03 • page 2/application them and to our whole community to assertively deal with the MAC and FAA over the issue of corridor compliance. • 2. Airport expansion/relocation. My job gives me an opportunity to observe discussions the general public has no access to, so I can say with great confidence that funding isn't available, at least at this point, to move the airport to the proposed location near Hastings. Of course, that could change. However,leaving the airport where it is will cause, I believe, worse problems for Eagan than if it does move. If the airport moves, we will have great concerns about economic level pment —where are we going to put the equivalent of a 494 strip? How do we plan and pay for the infrastructure needed to support such a project, including roadways, utilities, etc? What are the implications for our city of proposals to include a light rail transit system to the new airport? What would this mean to our tax base? Do we need to be concerned about new issues such as air pollution from the traffic? But at least there will be ample time to think through those issues. The two expansion options for the airport both cause additional hardships for Eagan citizens. It will be a hard decision for us and for you to decide which to recommend. Either • citizens on Eagan%western side will get more noise from a new north-south runway, or citizens on Eagan's eastern edge who now get noise from the parallel runways will get more noise if another parallel runway is built. Whether or not a new airport is built, I believe one or both of these options will be inevitable during the interim. Both options will require a great deal of discussion among the ARC members in the near future; I hope I can be part of it. Thanks again for allowing me to give you my thoughts this way. I appreciate your consideration of my request to be allowed to serve another term. Sincerely, 411, , Jan anderpoel Al '.rt Relations Committee member . • • • R-98% 47 • W 01-12-95 04: 14PM P003 #05 - __ __ Daniel P. Seidel, Esq. 4342 Leo Court Eagan, MN 55123 1-6)(E@IE (612) 686_6050 I , �; t ! 3 UL i January 12, 1995 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Planning Commission nomination Dear Mr. Hedges: This letter is to inform you that I am withdrawing my request for appointment to the City of Eagan Advisory Planning Commission. Regrettably, new time commitments in my schedule will not permit me to serve the City of Eagan. If you have any questions, please do not hesitate to contact me at my office, (612 ) 571-9095 or home (612) 686-6050. Verry�- truly yours, Daniel P. Seidel, Esq. • 77 January 10, 1995 • Mr. Tom Hedges, City Administrator City of Eagan Eagan Municipal Center 3830 Pilot Knob Road Eagan,MN 55122 Dear Mr. Hedges: I am writing to thank you for the opportunity to interview for a position on the Eagan Advisory Planning Commission. I feel that my qualifications match those needed to serve on this commission and welcome the chance to serve. While my primary interest is the Advisory Planning Commission, I would also be honored to serve on the Advisory Parks, Recreation and Natural Resources Commission. Both commissions directly affect the quality of life of Eagan's residents. • Again,thank you for the opportunity to interview for these commissions. Very truly yours, Ross A. Bertelsen 4423 Mallard Court Eagan,MN 55122 (612)686-9051 #.°7 THISWEEK NEWSPAPERS DAKOTA COUNTY TRIBUNE, INC. December 14, 1994 City of Eagan P.O. Box 21199 Eagan, Minnesota 55121 To the Mayor and City Councilmembers: We would like once again to serve as the legal newspaper for the City of Eagan. As the leading publication in this area, we feel it' s important to provide our readers with the cities legal notices in addition to the news stories, feature stories and photographs of local events that we offer each week. The Dakota County Tribune has been your official newspaper for many years, so readers and businesspersons are well-acquainted with where to find these important legal notices. We have also served as the legal newspaper for the cities of Apple Valley and Burnsville, as well as the local school districts. Because we have be a legal newspaper for so many years, our staff is very experienced in helping the cities place their legal notices properly. As we have done in the past, legal notices will be reprinted free of charge in Eagan Thisweek, our total circulation newspaper. Please not that the rates on the enclosed form are the same as last year, with no increase in cost to the city. If you have any questions, please feel free to call me. Thank you for your consideration. Sincerely, 0... ....1■1111■11. • Carol Haverland Legal Depaprtment Enc. (612) 894-1111 P.O. Box 1439 1525 E. Highway 13 Burnsville, MN 55337 • QUOTATION FORM CITY OF EAGAN No. of Lines Per Column Inch • 10 • • Printed Characters and Spaces Per Line Average 45 -- Total Characters and Spaces Per Column Inch Average 450 Per Line Cost 67. 7 Per Column Inch Cost $6. 77 • Dakota County Tribune, Inc. • Newspaper By Carol Haverland December 14 , 1994 Date Comments: • • • • 80 1995 SCHEDULE OF COUNCIL MEETINGS January 3 January 17 February 7 February 21 March 7 March 21 April 4 April 18 May 2 May 16 (School Board Elections; Alternate Date May 18) June 6 June 20 July 4 (Holiday; Alternate Date July 10) July 18 August 1 August 15 September 5 September 19 October 3 (Yom Kipper starts at sundown; Alternate Date October 2) October 17 November 7 November 21 December 5 December 19 i a -- til. . • Bl_.„ 1J I, cipil INI ET 1 -"4 --"I g ii 44iWii0.1 AilE . V i rl 1 . 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DIM 46 11113d 15 4 PI A OW2 II 8 , ; 12ViellIg2gPli > leiliAl � � juIqI11 rm± sO< mi iae A iztAlig 'I'= • 1614. 44 Ph hi: 'e' 0: ; e hit 1i ig ., 21 r y u E wl Ya. 5' .u- t y II : -a i 4111 la h r 411 z tixa t • i 11 414 II m a . . t 111, -= is ml _m . t1 r Ilhlh Al a 1 v w 1 - - 2 ,- , • • r .' 2 1 .I I I� 1 VI 1 Iii a I a 1011 4 i it 14g 41 pita 1111 111 itt Ilg ilt j " 4INK • 0 4 _ _ 1 . 1 I244 hilt Al AL qi ail A ; 114 7, DAKOTA COUNTY LOUIS J.BREIMHURST,P.E. DIRECTOR (612)891-7005 DIVISION OF PHYSICAL DEVELOPMENT FAX(612)891-7031 oT p Cov� 14955 GALAXIE AVENUE APPLE VALLEY,MINNESOTA 55124-8579 of 4'�y J_ DEPARTMENTS OF— I mss. • ENVIRONMENTAL MANAGEMENT • HIGHWAYS "'a?i• i: • PARKS • SURVEY • OFFICE OF PLANNING 4fIN ESQSP December 7, 1994 Mayor Thomas Egan 2969 Inland Road Eagan, MN 55121 Dear Mayor Egan: A representative from the City of Eagan is cordially invited to participate with Dakota County in a proposed deer management project in the County Parks. Deer numbers in the Metropolitan Area have increased significantly in past decades because of many factors, including increased deer habitat, improved adaptation by deer to living close to human populations, and reduced hunting or prohibited hunting in many areas. Deer in the Metro Area seem to concentrated especially in state parks and regional parks, including the Dakota County parks, where they find enough escape areas to make them feel comfortable on a year-round basis. More than 350 deer currently live in the County parks (1993 estimate, 386). There are an estimated 59 deer per square mile in Lebanon Hills Regional Park, 33 deer per square mile in Miesville Ravine Park Reserve, and 49 deer per square mile in Spring Lake Park Reserve. The Minnesota Department of Natural Resources suggests that the maximum deer population per square mile should be 15 to 25 deer. Deer numbers continue to increase;,the rate of increase is slowed only be the large number of deer that are killed by crashes with motor vehicles. Excessive wintertime browsing by deer, combined with summertime cropping of new leaf growth from young trees, has severely hindered natural reforestation in County parks. Damage to sapling oaks along field edges is pervasive. Excessive deer browsing has been a major factor in the continued presence of the "onion field" openings found throughout Lebanon Hills Regional Park; these areas were abandoned from agriculture in the 1950s and 1960s. Severe'damage to agricultural crops or landscaping vegetation is not yet considered a pervasive problem in the vicinity of Dakota County parks, although complaints are received. However, the frequency of complaints can be expected to increase as the density of deer in the parks continues to increase. The Dakota County Board of Commissioners discussed the deer management situation at a meeting in October. At that time, the County Board directed that an evaluation of options for a Deer Management Program in 1995 be conducted with input from representatives of affected 9 1 AN EQUAL OPPORTUNITY EMPLOYER Page 2 Deer Management local units of government. A copy of the county board resolution is enclosed for your information. To begin implementation of that County Board directive, we would appreciate it if the City of Eagan would appoint someone to represent your community on the Deer Management Evaluation Team, and forward that person's name and address to us, so that we can invite her or him to the meetings. We anticipate that three or four meetings will be held starting in about the middle of January. The meetings will be held in the Western Service Center. They will include the members of the County's Park and Recreation Advisory Committee (PARAC). PARAC meetings have traditionally been held at 4:30 p.m. on the third Tuesday of the month, although the exact times and dates for meetings of the Deer Management Evaluation Team have not been set. Please call our office at 891-7030 if additional information is needed. We feel that this program can be a success only through cooperation and participation with other involved units of government and look forward to your participation. Sincer y, Ja Ditmore, Deputy Director PHYSICAL DEVELOPMENT DIVISION Encl. cc: Dakota County Board of Commissioners Brandt Richardson, County Administrator Barb Schmidt, Parks Director Jon Parker, DNR City Administrators and Township Clerks n:deerlrt %)/14 Thomas Hedges City Administrator Eagan, MN 55122 Mr. Hedges , 1 have heard that Dakota County is forming a Deer Management Task yorce and is requesting a representative from each city involved for Lebanon Hill$ including Roseville, Apple Valley and Eagan. .1. would like to make myself available for the position. As a concerned citizen with some knowledge of deer ana habitat and familiar witn the car collision issue I feel I am very qufi44i.e.dy I you have any questions feel free to contact me. T.E. Michels 916 Wescott Square, 201 Eagan, MN 55123 phone 681-8563 $74 Agenda Information Memo January 17, 1995, City Council Meeting WEST LONE OAK ROAD (STORM DRAINAGE) A. Project 679, West Lone Oak Road (Storm Drainage)—On December 20, the City Council received the minutes of the Public Works Committee meeting from December 15 discussing the drainage and erosion concern at 1555 Lone Oak Road (Schwab property). Due to the fact that Mr. and Mrs. Schwab were not informed of the results of the Public Works Committee meeting nor the proposed consideration on December 20, the City Council continued this item until January 17 to allow the Public Works Director to meet with the property owners to review this issue with them. On Thursday, January 5, the Public Works Director met with the Schwab's to discuss their concerns,the review and recommendation of the Public Works Committee and the schedule to discuss this issue at the meeting on January 17. Due to a previous commitment, the Schwab's cannot attend the January 17 meeting and requested that this item be continued indefinitely and that the Mayor and/or Public Works Committee personally meet with them at the site later this Spring when the snow cover is gone to allow them an opportunity to point out the problem, their perception of the cause, and their recommended solutions. Enclosed on pages (!through 9O is a copy of the minutes from the Public Works Committee meeting of December 15. ACTION TO BE CONSIDERED ON THIS ITEM: To review the recommendations of the Public Works Committee and provide direction to staff and/or the Public Works Committee on future meetings for review or reconsideration. • ?P7 PUBLIC WORKS COMMITTEE MEETING THURSDAY, DECEMBER 16, 1994 Following are those who were in attendance for the Public Works Committee meeting held at 6:00 p.m., on Thursday, December 16: - Ted Wachter (Chairman) Mayor Torn Egan Torn Colbert (Public Works Director) Dave Everds (County Highway Engineer) Mark Hanson (BRAA Consulting Engineer) fleview Drainage Problem for 1555 Lone Oak Road (Proposed Project 679 - W. Lone Oak Road Storm Drainage) After a brief review of previous correspondence by the City and the County to the affected property owners (Jim and Bernie Schwab), Dave Everds provided polaroid photos of the drainage ditch, culverts and aerial photos further describing the location of the problem and identifying other areas of similar drainage and erosion concerns along Lone Oak Road (County Road 26). He reviewed the natural (historical) flows based on topographic contour maps and the previous efforts made by the County Highway Department to stabilize erosion on the side slope in 1990 and, most recently, placement of a bituminous shoulder along the north edge of Lone Oak Road to further stabilize any upstream erosion. The Public Works Director reviewed the historical information in the parcel file relating to the original building permit issuance including an architectural site plan (containing reference: contractor to provide positive drainage away from residence) and a topographic contour map that showed a proposed house location further to the north out of the historical drainage way. After reviewing this information,the Committee concluded that there appeared to have been a shift in the house location from the building permit reviewal to its current location in the drainage way. In response to questions regarding the proposed timing of upgrading Lone Oak Road, the Public Works Director responded that it is identified in both the County and the City's 5-Year CIP as being a 'future` project with no defined year. Dave Everds indicated that the County would be receptive to a requested year by the City. • I 1 Chairman Wachter asked Mark Hanson various questions regarding the drainage shed and temporary versus permanent storm sewer requirements. Mark Hanson responded with various ballpark cost estimates for various scenarios that ranged from $20,000 - $60,000. Mayor Egan indicated that there appeared to be a benefit and ability to assess the costs associated with the full-fledged storm drainage project if it was built, but also recognized that it wouldn't solve the internal drainage problem that is presently being handled by the property owner's sump pump. Chairman Wachter indicated that both the temporary and permanent storm sewer options would be premature and uneconomical if done in advance of the urban upgrading of Lone Oak Road. Both Committee members Wachter and Egan then questioned what would be involved with temporary erosion control measures in heu of a storm drainage system installation. Through a collective response by Everds, Colbert, and Hanson, it was determined that the stabilization of the side slope from the nearest upstream culvert to the bottom of the slope could cost ' approximately$3,000 in material,with design and labor installation being provided through a concerted joint effort of City and County employees. To continue the erosion control and drainage stabilization across the Schwab's property would cost additional dollars. After a summary review of all information, the Committee recommended that the City and County jointly perform a temporary erosion control improvement from the nearest upstream culvert outlet to the bottom of the hill and offer to continue it across the Schwab's property if they are willing to pay the related expenses. Further, they indicated that if the property owners wanted to have a full-fledged storm drainage analysis done, Including a permanent storm sewer system, the City should do so if the Schwabs are xy willing to pay the estimated $4,400, or submit a petition of more than 50% of the i "_ downstream affected property owners or of all property owners along Lone Oak Road for the proposed street upgrade. Further, this offer to perform the temporary erosion control would be subject to the property owners granting a right-of-entry to the City and County to perform such work and signing a Release of Liability to both agencies. The meeting adjourned at 7:00 p.m. Minutes prepared and submitted by, ../ f.c, ' Director of Public Works ' TAC/j) • • i 2 gq i , , • ifii .Z.. t•i � e fti. 111 � �+/ / •^ ! + J- _---- -v-i. .. )? ; ! 1• 1 ' - • - - - - . /A 'Ls _c,;. 9 • iy�j ' - '�1-• .k....../; ifea OP 11111111\C It E ‘ t .' •' .1 -..".7.7-:- --* - • c. , / \ .- .... .,.\\,.. 9�8 + . - / _ 3 ..„,......._..., • .; . •,...\ R, ,, :,. ,,,0 ,.___,....... ,.....; _ ) 3- - " °4..-..!... . 11 . , 'v• . _-. 1, 1 11 ' \'. /1 j/ 0 'o, .' Is` \. ^1 ' , k''''\' \ ' }�11 ... ... • ...... t„ ,„. .......... I •.lc. , ............ ' . fil ,/ l''''.......s..... ......... Illgitljp, • •. i . . _ 1 4, C ••... • V Ell?` '. p . i nit 1.•%•• • 1,., {! _ \CD ' th, 4111111011111IP 1' ' n 1 ' ‘' ' IL ...•I 1r iv ..... sr •Pedri I um i eg IN igwali / / \ fir. �- X41\. • NI, ....,,,, \.. .. .. _ 41J\ � Off �, X _ 7 c . .„. I 1 • - r7 11 - \ �. ' 1 9 p 11 ' ,' �,',� . :, • •, i 1� . . r ; ' , :1 ,� a�1 , 1� 1 ' If 4 \.c° 11............. a ; r A.A ,••., *L- To Y .'4114Vii Ili . 1 • + 1 • �� 318i ■ ril lit 1 . I II. el I 4.19‘;. ' ir • ile ,'',.% . 1. . . lig A ..,, ,...../ .1; • . 1 1 0 ; I ../..7". • - ii., t ft . e.‘,:.•. ) .7446%41 .,. cr‘ i * 11 CD 1 1 a -...... - s'e 1 . . ... ...- '& ! )( 1 I, Agenda Information Memo January 17, 1995 City Council Meeting,,, CONDITIONAL USE PERMIT/AVANTI PETROLEUM. INC. A. Conditional Use Permit, Avanti Petroleum, Inc. dba Total, for an automatic car wash in a Neighborhood Business District, southeast corner of Diffley Road and Nicols Road- Avanti Petroleum, Inc. is requesting approval of a conditional use permit to allow a car wash at the Total Gas Station located at the corner of Nicols Road and Diffley Road. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of December 27, 1994. The staff repoA on this item and the i utes of the Planning Commission are enclosed on pages through /0 . The Planning Commission recommends approval of the conditional use permit to allow the automatic car wash subject to the four conditions set forth in their minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Avanti Petroleum, Inc. to allow an automatic car wash in an NB zoning district located at the southeast corner of Nicols and Diffley Roads subject to the four conditions recommended by the Advisory Planning Commission. • MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA DECEMBER 27, 1994 AVANTI PETROLEUM, INC./DBA TOTAL CONDITIONAL USE PERMIT Chairman Voracek opened the next public hearing of the v ping regarding a Conditional Use Permit to allow an automatic car wash in a NB (Neighborhood Business) zoning district located n the north 150' of the west 150' of Lot 19, Block 8, Cedar Grove No. 2 in the NE 4 of Section 30 on the southeast corner of Diffley Road and Nicola Road. City Project Planner Shannon Tyree introduced this it m. Ms. Tyree highlighted the information presented in the City staff's planning report dated December 12, 1994. Ms. Tyree not d th background and history of the proposed use and site of the proposed use, the existing conditions of the subject property, the surrounding uses and compatibility therewith, and the proposed site plan. Ms. Tyree further noted that the proposed car wash will require an additional sanitary sewer manhole over the existing 4-inch sewer service at the property line. The n w manhole will be monitored by the City with respect to the flow fr m the car wash and gas station. Jim Hill, a representative of the applicant, Avanti P troleum, Inc. , stated that the proposed car wash will b a "t uch-free" system which meets the demand of the Eagan market nd e 2 /EAGAN ADVISORY PLANNING COM IISSION MINUTES DECEMBER 27, 1994 will nhanc the viability f th busin ss. Mr. Hill further stated that the proposed building will be aesthetically pleasing. Tom Schmidt, a resident and the president of the adjacent townhome association, stated that the proposed car wash is an appropriate use but has concerns regarding potential "noise pollution". A representative of Nationwide Wash Systems, the company to install the proposed car wash, advised the Commission that any significant noise from the car wash will be from the blower unit rather than the wash unit. He further- ,advised that at 50 feet away from the car wash, the noise level is 60 decibels. The representative stated, however, that the surrounding traffic noise is greater than the potential noise from the proposed car wash. Member Merkely inquired with City staff as to its concerns about the traffic flow through the subject property in light of th access points' close proximity to the intersection. Ms. Tyree r sponded that while inspecting the subject site, City staff bserved several vehicles cutting through the subject property to avoid the intersection, but that the staff concludes that the addition of the car wash building will mitigate that problem. Member Segal moved, Isberg seconded, a Conditional Use P rmit to allow an automatic car wash in a NB (Neighborhood Business) zoning district located on the north 150' of the west 150' of Lot 19, Block 8, Cedar Grove No. 2 in the NE4 of Section 30 on the southeast corner of Diffley Road and Nicols Road, subject to the following conditions: 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of its approval with documentation supplied to the City. 2. Continued proper maintenance of the parking lot and all bituminous surfaces. 3. The development will be required to add a sanitary sewer manhole over the existing four inch sewer service at the property line. 4. The trash enclosure shall be detached and located in the SE corner of the site per the approved site plan. All approved in favor. 3 2 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 12, 1994 CASE: #30-CU-19-10-94 APPLICANT: Avanti Petroleum, Inc./DBA Total HEARING DATE: December 27, 1994 PROPERTY OWNER Total Car Wash PREPARED BY: Shannon Tyree REQUEST : Conditional Use Permit LOCATION: 4206 Nicols Road Lot 19, Block 8, Cedar Grove No. 2 COMPREHENSIVE PLAN: Neighborhood Business ZONING: NB - Neighborhood Business SUMMARY OF REQUEST Avanti Petroleum Inc.,is requesting approval of a Conditional Use Permit to allow a Car Wash at the Total Gas Station located on Lot 191, Block 2, Cedar Grove No. 2 in the NE 1/4 of Section 30. AUTHORITY FOR REVIEW: City Code Section 11.40, Subd. 4. states that 'The Planning Commission shall recommend a conditional use permit and the Council shall issue such Conditional Use Permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. • D. Will be served adequately by essential public facilities and services,including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. Avanti Petroleum, Inc. - Conditional Use Permit December 27, 1994 Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any Persons, property or the general welfare because of excessive production of traffic,noise,smoke,fumes,glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/EXISTING CONDITIONS: Total Gas station was constructed in 1961, originally as Skelly Oil Company. When the 88 Court Homes in Meghens Addition were being constructed, in 1993, Pulte Homes added the cedar fence to the property lines abutting Total Mart. Pulte Homes also contacted the City about the existing 1,000 gallon propane dispenser located on the Total Gas Station site. The FHA would not insure the mortgages unless the tank was downsized to a 700 gallon tank and the tank was relocated to the northwest corner of the site. The matter went to the June 15, 1993 City Council meeting where the tank downsizing and the relocation were both approved. Additional landscaping was added to the site as a part of this matter. This site contains some fully grown trees along the easterly and southerly edges. The construction of the car wash addition should not disturb any of the existing trees. Also the existing privacy fence that is located along the south and east property line shall be left in place. The existing single story building is 1,494 s.£ and is constructed of block and brick(painted white). Six gas pumps are located in the northwest portion of the site as well as a 700 gallon propane dispenser. SURROUNDING USES The following existing uses,zoning,and comprehensive guide plan designations surround the subject property: • North - Cedar Elementary School; zoned PF, guided PF. South - Meghans Addition; zoned R-3, guided D-III. East - Meghans Addition and Cedar Grove 2; zoned R-3 and R-1, guided D-III and D-I. West - Amaco Gas Station; zoned RB; guided NB. Avanti Petroleum, Inc. - Conditional Use Permit December 27, 1994 Page 3 ANALYSIS OF PROPOSAL: Conditional Use Permit The City of Eagan had approved the use of accessory car washes in Neighborhood Business zoning districts,but only recently was the ordinance amended to list it as such in the Neighborhood Business Zoning section of the code. ON-SITE IMPROVEMENTS: Site Plan: The proposal shows a 967 s.f. car wash addition to the east side, or rear, of the existing gas station. The building elevations show how the addition will match the existing structure (see Exhibit E) The car wash entrance will be located on the south side of the building. Stacking for five cars (100') has been provided. Five car stacking is the amount of stacking required for banks and savings and loans. However, the City has used this standard for all drive-up or drive-thru windows. Exiting occurs on the north side of the building. The filling area for the fueling pumps is located on the north side of the proposed addition. This was taken into consideration during the site planning for the car wash addition. No development of buildings can occur over these. There is no trash enclosure on the existing site, only two dumpsters located in the rear of the building. The proposal includes construction of a trash enclosure located on the southeast corner of the site. The enclosure will be constructed of like material as the building and will have gates to contain the dumpsters and trash. It is not being proposed attached to the building. Due to the location of the fuel pumps,parking,the fueling station and the minimum required drive aisle widths,it is staff's recommendation that the enclosure as shown will be located at the most appropriate location. The existing site has a driveway opening along the west property line to Nicols Road and along the north property line to Diffley Road. Both streets in this area are four lane roads and there is a signal system at the Nicols Road/Diffley Road intersection. The vehicles that will use the gas station and the car wash will need to travel in a counter clock-wise direction. The general public sometimes uses this site as a short-cut to avoid the traffic signal at the intersection of Nicols Road and Diffley Road. The existing parking lot contains a mixture of bituminous and concrete surfacing. Some portions of the lot are newer than other portions; but overall the lot is in pretty good condition. The preliminary site plan shows that some new concrete curbs will be constructed and that a portion of the existing parking lot will be re-constructed with the car wash addition. Proper maintenance of the parking lot will need to be continued as a condition of the conditional use permit. q(1 Avanti Petroleum, Inc. - Conditional Use Permit December 27, 1994 Page 4 Utilities: The existing building is served by a one-inch water service and the developer feels that the car wash addition will be adequately served by the existing one-inch water service. The development will be required to add a sanitary sewer manhole over the existing four- inch sewer service at the property line. The new manhole will be an inspection and manhole for the City to monitor the flow from the car wash and gas station. The proposed car wash will include a trench drain and inflammable waste tank to collect the water that will be used from the car wash. The proposed car wash will include concrete entrance and exit pads that will be heated with a water/glycol system to maintain an ice free condition. The water that will be used in the car wash addition will drain to the City's sanitary sewer system. Drainage: Storm water runoff from this site drains in a northerly direction to pond AP-6; which is classified as a storm water basin in the City's Water Quality Management Plan. The construction of the car wash addition will not require the construction of any additional storm sewer facilities. The site will continue to sheet drain to Nicols Road or Diffley Road. COMPATIBILITY WITH SURROUNDINQ AREA The use of an accessory car wash at a gas/convenience store is compatible with the surrounding area. The two west corners of the intersection are both gas stations and the Amaco Station directly across Nicols Road has a car wash. SUMMARY/CONCLUSION: The general land use is compatible and consistent with existing land use in the area and the future land use, as allowed in the undeveloped Roadside Business and General Business zones in the area. Secondly, the City Council has recently approved an ordinance amendment which allows the use of an accessory car wash as a Conditional Use in the Neighborhood Business zoning district. And lastly,the proposed Conditional Use Permit appears to meet the required findings as described on pages 1 and 2 of this planning report. ACTION TO BE CONSIDERED: To recommend approval or denial the requested Conditional Use Permit to permit the accessory car wash for Avanti Petroleum Inc. located at 4206 Nicols Road subject to the following conditions: 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of its approval with documentation supplied to the.City. 2. Continued proper maintenance of the parking lot and all bituminous surfaces. 3. The development will be required to add a sanitary sewer man hole over the existing four inch sewer service at the property line. T47 • Avanti Petroleum, Inc. - Conditional Use Permit December 27, 1994 Page 5 4. The trash enclosure shall be detached and located in the SE corner of the site per the approved site plan. • Avanti Petroleum - CUP ::00.:5; , P\v-r -1))94--'31.#2 .... $..' A \41q..D :1 ' • 9 A. • NE --,'‘\ C� Goy NUIG�lAE N' cla f .4Z;Tr TA OAR/( 1 moo. � S . I� I :•. �� -- .� --.. . . - - . V 7 . �. p• 1 79t I - =LE - • IT�/4 Si' LA• ect 0- 0 j c CARNELIAN• W �__ _ 3 �� L• S� �4. JADE - $I .).: 4111 c il!II . cce. § i til 00 ...., • a c s -CEDAR (�j ° -CEDAR P`' ��LEJIFI£ w,i(a tea K v�. W LS© DIFFLEY -• 'D 1 �- BBL W Ur ,r 4 n r CT. �EQ 6 IL-4 fi\I at 1 4- (2...IsER � Cs. . k 3 • 1 So <A• Ih ®0�r 4� ,y �,, d, It = ST NW DR. = 'FRB -N �d, CT. i I R • • PARR NIL , 4,�r �' bn �i► I . z ig?- .- (4 4, er IP, 1 • : i i El co L . 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Conditional Use Permit, Larson Leasing Inc., for storage of trucks, trailers and diesel fuel tank and Site Plan, northwest corner of Blackhawk Road and Highway 13-- Larson Leasing, Inc. is requesting approval of a conditional use permit to allow outdoor storage of trucks, trailers and a diesel fuel tank on Outlot A and Lot 1, Block 1 of the Mardelann Addition, located in the northwest corner of Blackhawk Road and Highway 13. The Advisory Planning Commission conducted a public hearing on this item at its meeting of December 27, 1994. The minutes of the Planning Commission and the staff report are enclosed on pages I OL. through , (q . The City Council should note that this is another redevelopment action in the industrial area along Highway 13 and the applicant has been given a time schedule for improving the property and coming into compliance with City Code. Surfacing of the large outdoor storage for the tractor trailer located behind the office building to the north, as well as installation of concrete curb and gutter, will take place at the time that storm sewer is available to the site. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for the outdoor storage of trucks, trailers and a diesel fuel tank and the associated site plan on Outlot A and Lot 1, Block 1 of the Mardelann Addition, subject to the seven conditions recommended by the Advisory Planning Commission. • • o5°' 3 /EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 27,1994 - LARSON LEASING, INC. CONDITIONAL USE PERMIT (OUTDOOR STORAGE) Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of trucks, trailers, and a diesel fuel tank and site plan on Outlot A and Lot 1, Block 1, of the Mardelann Addition locat d at the northwest corner of Blackhawk Road and Highway 13 in the NA. of Section 17. Project Planner Ridley introduced this item. Mr. Ridl y highlighted the information presented in the City staff's planning report dated December 19, 1994. Ridley noted the background and history of the site, the proposed use, the existing conditions of the subject property, the surrounding us s and the compatibility therewith, and the proposed site plan. Mr. Ridley specifically noted that Outlot A has been used for outdoor storage purposes since the 1960's. He further advised that although a conditional use permit for outdoor storage was approved in 1980, the storage was to be associated with the use f a proposed building on that particular property which was n ver constructed. Mr. Ridley stated that operations on this site were discontinued for at least one year after the former use went out f business in 1992. Mr. Ridley further noted that although City Code requires all storage areas and parking areas for more than four vehicles to be constructed with a bituminous or concrete surfacing and concrete curb and gutter, City staff concluded that because there is not presently a concern of erosion from runoff, it would be appropriate that all parking and storage areas be surfaced with bituminous and/or concrete with concrete curb and gutter and a storm sewer system with catch basins be constructed wh n the adjacent Outlot B is developed and/or storm sewer is available to the subject property. Al Ofstehage, Senior Vice President of Larson Leasing, Inc. stated no objection to the City staff's planning report except with respect to Condition No. 1. He requested that the 120-day d adline to combine Lot 1 and Outlot A as a single parcel, be xtended to 180 days. The representative explained that the applicant has an option to purchase the Outlot which may require. 180 days to complete. In response to the Commission's inquiry, Project Planner Ridley stated that City staff has no •objection to revising Condition No. 1 to allow 180 days for the applicant to combine the two parcels. Member Segal inquired with Mr. Ofstehage as to why they ar ✓ questing a waiver from the Code's requirement that the surface be paved. The applicant's repr sentative stated that the pr sent surfac is well graded and packed and thus, th re is no rosion to th subj ct prop rty r th adjac nt properti s. The 3 I 612, A MI AI 4 /EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 27, 1994 ✓ pr sentativ further stat d that th b st w aring surfac for trucks is gravel. The applicant noted, however, that it has no obj ction to surface the areas when the adjacent property is dev loped or storm sewer is available to the property. Member Isberg inquired with City staff as to whether the occurrence of storm sewer availability to the property or d v lopment of Outlot B is an "either-or" situation requiring the construction of the bituminous or concrete surface and concr to curb and gutter. Project Planner Ridley stated that it is an " ither-or" situation. Ridley further noted that City staff has no bjection to the present gravel surface because there is no n gative impact to the adjacent undeveloped property with respect t erosion at the present time. Community Development Director R ichert stated that the conditional use permit is for an existing building/business and the proposal is not a new dev lopment which undoubtedly would require all surfaces be bituminous and/or concrete with curb and gutter now. Chairman Voracek recommended that Condition No. 6 be amended to require bituminous and/or concrete, rather than only bituminous surfacing. Member Segal inquired with City staff what the difference was between "storage" and "parking" of trucks. Community D velopment Director Reichert explained that the applicant's business is a leasing business of trucks and trailers which must b stored until they are leased to a third party. Reichert further stated that this operation is similar to any other rental business which stores its rental equipment outdoors. In response to Member Segal's inquiry, City Attorney Sheldon advised that not requiring the applicant to surface parking and storage areas at the present time is not a variance but rather a time extension as part of the conditional use p, rmit. Member Merkley moved, Heyl seconded, a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of trucks, trailers, and a diesel fuel tank and site plan on Outlot A and Lot 1, Block 1, of the Mardelann Addition located at the northwest corner of Blackhawk Road and Highway 13 in the NW; of S ction 17, subject to the following conditions: 1. The applicant shall combine the two'lots at the Dakota County Auditor's office within 180 days of City Council approval. 2. The applicant shall record this Conditional Use Permit at the Dakota County Recorder's office within sixty days of City Council action. 3. The applicant shall remove all remnant materials and prop rly maintain th parking ar a and pr mis s. 4 (Cr? S /EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 27, 1994 4. This Conditional Us Permit provides for th utdoor storage of one 1,000 gallon diesel fuel tank, no more than 36 trucks, and no more than 135 semi trailers. 5. The applicant shall submit plans to the City for review/approval and complete the following improvements in the time period listed: 1995 - 1. Add landscaping along the Highway 13 side (east) of the property. 2. Seal coat, stripe, and add handicap stalls to employee/visitor parking area. 1996 - 1. Add landscaping to fence line along Blackhawk Road. 2. Widen access, construct concrete apron and • drive into site. 1997 - 1. Grade and surface area visible from Highway 13 in front and around the two cold storage buildings. 6. The applicant shall submit plans to the City for review and approval for surfacing with bituminous and/or concrete all gravel surfaced areas, installation of concrete curb and gutter, and construction of a storm s wer system for these areas when Outlot B develops and/or storm sewer is available to the subject site. 7. The applicant shall submit plans to the City for review/approval to bring a water line into the site to provide a maximum 300 foot spacing from the far edge of any building to the nearest hydrant. All approved in favor. S OS PLANNING REPORT CITY OF EAGAN REPORT DATE: December 19, 1994 CASE # : 17- CU-2 1 - 10- 94 APPLICANT: Larson Leasing, Inc. HEARING DATE: December 27, 1994 PROPERTY OWNER W.D. Larson PREPARED BY: Mike Ridley REQUEST: Conditional Use Permit (outdoor storage), Site Plan LOCATION: NW 1/4 of Section 17 COMPREHENSIVE PLAN: Industrial ZONING: Light Industrial SUMMARY OF REQUEST Larson Leasing, Inc. is requesting approval of a Conditional Use Permit (CUP) to allow outdoor storage of trucks,trailers, and a diesel fuel tank and Site Plan on Outlot A and Lot 1,Block 1 of the Mardelann Addition located at the northwest corner of Blackhawk Road and Highway 13. The existing buildings are located at 3575 Highway 13 and were previously used by LaHass Manufacturing and Sales, Inc. AUTHORITY FOR REVIEW City Code Section 11.40, Subd. 4, states that The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services,including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. , . Planning Report - Larson Leasing, Inc. December 19, 1994 Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic,noise, smoke,fumes,glare or odors. F. Will have vehicular ingress and egress to the(property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. OUTDOOR STORAGE CRITERIA On November 19, 1991, the City Council adopted the following Standards for Outdoor Storage: a. Outdoor storage items shall be placed within an enclosure. b. All such enclosures shall be attached to the principal building except in the Limited Industrial District. c. The enclosure shall be made of material suitable to the building and the items to be stored. d. The enclosure shall not encroach into any established front building setback area or other required setbacks. •e. The enclosure shall not interfere with any pedestrian or vehicular movement. £ The items to be stored shall not exceed the height of the enclosure. g. The display area shall not take up required parking spaces or landscaping areas. h. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. i. The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. Planning Report - Larson Leasing, Inc. December 19, 1994 Page 3 BACKGROUND/HIST 0 R A CUP and preliminary plat were approved for the 20 acre Mardelann Addition in 1980; however,the proposed subdivision never received final plat approval. In 1989, the property was subdivided into one lot and two outlots. All buildings were built between 1960-1987 and are located on Lot 1, Block 1. Apparently, the portion of the property now platted as Outlot A has been used for outdoor storage purposes since the sixties and although a CUP (outdoor storage) was approved in 1980,the storage was to be associated with the use of a proposed building on that particular property. This building was never constructed. Additionally, operations at this site were discontinued for at least one year after LaHass went out of business in 1992. These two occurrences have voided the CUP approved in 1980. EXISTING CONDITIONS As mentioned previously, the Mardelann Addition contains one 4.5 acre lot (Lot 1, Block 1), a 3 acre outlot (Outlot A), and a 12.6 acre outlot (Outlot B). Lot 1 contains a 25,000 s.f. main building that was built in 1960 and expanded in 1967, a 6,300 s.f. warehouse building that was built in 1961, and a 7,000 s.f. warehouse building that was built in 1987. The employee/visitor parking area located southwest of the office/shop building is surfaced with bituminous but contains no curb & gutter, The remaining parking/storage areas have a gravel surface that has been heavily compacted over the years. The main building has office and shop space shared by Citi-Cargo & Storage Company and Allstate Leasing Corporation. The two warehouse buildings are used for cold storage. Both Lot 1 and Outlot A were used for outdoor storage of equipment and vehicles in conjunction with the LaHass business and since Larson Leasing acquired the property the amount and type of storage (tractors & trailers) has intensified. Therefore, with the recent change in the land use (from manufacturing to truck/trailer leasing and storage), staff informed the property owner that a CUP was necessary to allow the outdoor storage. Outlot A is used primarily for parking and storage associated with the businesses on Lot 1. Because both lots support the businesses, the applicant should combine the parcels so that neither of the lots could be sold separately. Planning Report - Larson Leasing, Inc. December 19, 1994 Page 4 SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Undeveloped; zoned and designated Industrial. South - Undeveloped; zoned and designated Industrial. East - Blue Cross/Blue Shield; zoned Planned Dev. and guided limited Business West -Twin City Tree Trust (tree farm); zoned and designated Industrial. EVALUATION OF REQUEST Conditional Use Permit The requested outdoor storage proposed for Lot 1 includes no more than 36 trucks, an above ground 1000 gallon diesel fuel tank, and no more than 135 semi trailers on Outlot A. In response to staffs concerns about the intensity of outdoor storage and general site conditions, Citi-Cargo and Allstate Leasing have provided a proposed phased approach to updating site conditions as part of this outdoor storage CUP application. Outdoor storage of materials and vehicles is not unusual in industrial zoning districts. The proposed outdoor storage meets the intent of the standards for outdoor storage set forth in the City Code. These standards were created and adopted primarily to regulate outdoor storage associated with retail businesses; therefore, this proposal cannot meet the strict interpretation of the enclosure requirements due to the size of the operation and the different locations of storage. Compatibility with Surrounding_Area The proposed use appears compatible with existing uses in the area and will likely be compatible with future uses because the site is surrounded by property zoned and guided for industrial development. Site Plan - • The City Council has generally stated that development standards should be uniform throughout the City;however, Council has also indicated a willingness to modify standards in some instances involving redevelopment, and allow for phased improvements to achieve compliance. The issue here is whether or not the gravel surfaced areas should be surfaced, curbed, and have a storm sewer system added. Qs. Planning Report - Larson Leasing, Inc. December 19, 1994 Page 5 The City Code requires all storage areas and parking areas for more than four vehicles to be constructed with a bituminous or concrete surface and concrete curb and gutter. The City requires surfacing for dust control, water quality, and aesthetic reasons; and concrete curb&gutter for conveying runoff, defining the edge of storage/parking areas,and because concrete is more durable and long lasting that bituminous curbing. In an effort to spread the cost over time, the applicant is proposing certain site improvements to occur between now and 1997. The proposed improvements do not include the construction of any storm sewer system on site, no paving of any storage/drive area behind the existing buildings, and no curbing of the existing employee/visitor parking area. The applicant is proposing the following improvements: 1994: 1. Installation of a 1000 gallon above ground diesel fuel tank behind the cold storage building closest to the main building. 2. Paint building, replace front sidewalk and all shop doors.(completed) • 1995: 1. Combine both lots into a single tax parcel. 2. Add landscaping along the Highway 13 side (east) of the property. 3. Seal coat,stripe,and add handicap stalls to employee/visitor parking area. 1996: 1. Add landscaping to fence line along Blackhawk Road. 2. Widen access, construct concrete apron and drive into site. 1997: 1. Grade and surface area visible from Highway 13 in front of the two cold storage buildings. Setbacks - All existing buildings meet the Limited Industrial zoning district setback requirements. Parking - Based on the size and use of the buildings on site, the City Code requires 62 on site parking spaces. The Site Plan provides 56 stalls. The applicant states the amount of parking proposed.to be provided well exceeds their needs; however, if the uses on site changed and more parking was needed, they could easily convert a portion of the property (trailer storage area) into employee/visitor parking. Access/Circulation-The site is served by a single access point'from Blackhawk Road that serves the employee/visitor parking area as well as the fenced in truck/trailer parking areas. Tree Preservation - The site contains a limited amount of significant trees that are not impacted by the operations on site. Planning Report - Larson Leasing, Inc. December 19, 1994 Page 6 Parking Lot Design/Storm Drainage-The employee/visitor parking area sheet drains in a westerly direction to the existing gutter in Blackhawk Road and the remainder of the site drains overland in a northerly and easterly direction onto the adjacent undeveloped property to the east (Outlot B, Mardelann Addition). City staff inspected the site earlier this year and determined there were no erosion problems occurring as a result of the overland drainage. Ideally,all parking and storage areas would be surfaced with bituminous(with concrete curb and gutter)and a storm sewer system with catch basins would be constructed in conjunction with the initial phase; however, constructing a storm sewer system to drain the majority of this site would require the extension of a storm sewer line across Outlot B, Mardelann Addition which is adjacent to this site, but unrelated to this application. This extension would require the off site installation of 800' of storm pipe to connect to the existing 36" storm sewer line located in Yankee Drive. Future development of Outlot B will require the extension of the storm sewer line in Yankee Drive to the subject property. The applicant should surface with bituminous, the proposed gravel areas, add concrete curb & gutter, and construct a storm sewer system for these areas when Outlot B develops and/or storm sewer is available. WaterQuality - The storm water runoff drains from the site to two different systems. The employee parking area drains down Blackhawk Road directly to the Minnesota River; however, the vast majority of the site drains to a storm water basin (Pond CP-7). Grading/Wetlands - A minimal amount of grading will be necessary to prepare the parking/storage areas for upgrading and there are no wetlands on either Lot 1,Block 1, or Outlot A. Utilities -The main building is connected to City sanitary sewer. Water main is available along Blackhawk Road and there are hydrants along Blackhawk Road that provide some fire protection to the site;however,the eastern-most building is approximately 500'from any hydrant. The City's guidelines for maximum spacing from any building to the nearest hydrant is 300'. The applicant should bring a water line into this site to provide a hydrant within the maximum spacing guidelines. Landscaping-The applicant has submitted a Landscape Plan that is proposed to be phased in over the next two years. The landscaping materials will provide screening along Highway 13 and Blackhawk Road. Planning Report - Larson Leasing, Inc. December 19, 1994 Page 7 SUMMARY/CONCLUSION The proposed use is consistent and compatible with land uses allowed in the Limited Industrial zoning district in general and existing uses in this specific area. Improvements are necessary to bring the site into conformance with current City standards. The applicant has proposed a phased approach to a number of improvements; however, additional improvements should be required. ACTION TO BE CONSIDERED To approve/deny a Conditional Use Permit and Site Plan for Larson Leasing, Inc. to allow outdoor storage of trucks, trailers, and a 1000 gallon diesel fuel tank on Lot 1, Block 1 and Outlot A, Mardelann Addition, subject to the conditions listed below: 1. The applicant shall combine the two lots at the Dakota County Auditor's office within 120 days of City Council approval. 2. The applicant shall record this Conditional Use Permit at the Dakota County Recorder's office within sixty days of City Council action. 3. The applicant shall remove all remnant materials and properly maintain the parking area and premises. 4. This Conditional Use Permit provides for the outdoor storage of one 1000 gallon diesel fuel tank, no more than 36 trucks, and no more than 135 semi trailers. 5. The applicant shall submit plans to the City for review/approval and complete the following improvements in the time period listed: 1995 - 1. Add landscaping along the Highway 13 side (east) of the property. 2. Seal coat,stripe,and add handicap stalls to employee/visitor parking area. 1996 - 1. Add landscaping to fence line along Blackhawk Road. 2. Widen access, construct concrete apron and drive into site. 1997 - 1. Grade and surface area visible from Highway 13 in front and around the two cold storage buildings. 6. The applicant shall submit plans to the City for review and approval for surfacing with bituminous,all gravel surfaced areas,installation of concrete curb&gutter,and construction of a storm sewer system for these areas when Outlot B develops and/or storm sewer is available to the subject site. /1) Planning Report - Larson Leasing, Inc. December 19, 1994 Page 8 7. 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Comprehensive Guide Plan Amendment, City of Eagan, changing land use from D-II Mixed Residential to Neighborhood Business and Rural Residential,and changing the Land Use Guide Plan map between Lone Oak Road, T.H. 55 and Eagan/Inver Grove Heights Border—The Advisory Planning Commission has completed its work on the comprehensive plan amendment for the Lone Oak area and is recommending approval of the document enclosed on pages /.2 1 through The Advisory Planning Commission conducted a public hearing on this matter at its meeting of ecember 27, 1994. The minutes of the Planning Commission meeting are enclosed on pages 2.. rough/2/A brief summary of the compr nsive guide p amendment, as well as an associated rezoning, is enclosed on pages 1,2 J through I . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to the land use element of the comprehensive plan adopting a small area plan for the Lone Oak area subject to approval by the Metropolitan Council. • • R: MEMO _ city of eagan TO: PEGGY A. REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: JANUARY 10, 1995 SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING BACKGROUND In May 1994, the City Council directed that a comprehensive land use study be prepared for approximately 105 acres surrounded by Lone Oak Road, Trunk Highway 55, and the City of Inver Grove Heights. It identified the need to establish new development-related policies in that area, as well as the City in general. Currently, the Comprehensive Guide Plan designates this area D-II, Mixed Residential, 0-6 units/acre and the zoning is Agricultural except for one R-4, Multiple, parcel along the Inver Grove Heights border. The study involved several meetings and work sessions with the Advisory Planning Commission. Several land use alternatives were discussed for the three sub areas (western, middle, and eastern) of the overall study. The western and eastern parcels are vacant and the middle area contains 17 single family homes. The study created a new land use designation, Rural Residential,defined as"an area not intended for sustained agricultural use or for urban scale development because it lacks ssential infrastructure such as municipal sewer and water." This land use designation would be used in the areas where the long-term vision for the land is not urban residential. The small area plan created as a result of this study defines policies related to the designation, as well as formalizing policies related.to new residential development in areas of the city directly affected by aircraft noise. In December 1994, the Commission took action to approve the Comprehensive Guide Plan Amendment for the Lone Oak area. Following are the results if approved by the City Council: 1. The Small Area Plan would be inserted in Chapter 4 (Land Use) of the City's Comprehensive Guide Plan in entirety. 2. It would change land uses from D-II to NB and RR as shown on Exhibit 8 in the Small Area Plan. 3. The Land Use Guide Plan map would be amended to reflect the new land uses. 4. The Comprehensive Guide Plan Amendment will be forwarded to the Metropolitan Council for their review and approval. The amendment will become effective upon receipt of written notice of approval from the Met Council. The owner of the western 30 acres will need to apply for a rezoning before any future development occurs,whereas,the City initiated the rezoning from the eastern parcel from R-4 to Agricultural. This item was approved unanimously by the APC. The City Council will not need to act on that item until the Met Council acts on the Comprehensive Guide Plan Amendment. The rezoning will then be brought back to the City Council; therefore, it should be continued indefinitely. Attached is a letter from the owners of the land objecting to the rezoning. If you would like additional information, please feel free to contact me. City Pla nner JS/js attach. comp-gui.pla 6 /EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 27, 1994 LONE OAK AREA COMPREHENSIVE GUIDE PLAN AMENDMENT Chairman Voracek opened the next public hearing of the ev ning regarding an Amendment to the text of the land use lement of the Comprehensive Guide Plan adopting a small ar a plan for the Lone Oak area including changing the land use from D-II Mixed Residential (0-6 units/acre) to Neighborhood Busin ss (NB) and Rural Residential (RR) and changing the Land Use Guide Plan map located between Lone Oak Road, Trunk Highway 55, and th Eagan/Inver Grove Heights border in the north one-half of Section 12. City Planner Sturm introduced this item. Mr. Sturm highlighted the information presented in the City staff's report to the Advisory Planning Commission dated December 22, 1994. Mr. Sturm noted the background and history of the subject Lone Oak study area, the objectives of the proposed Comprehensive Guide Plan Amendment for the subject area, the existing land uses, the implications of the proposed plan with respect to the Metropolitan Council's Aircraft Noise Policy, the surrounding transportation/roadway system and the implication of the plan on any assessments. Mr. Sturm specifically noted that the proposed plan stablishes a new land use designation, "Rural Residential". Mr. Sturm concluded that the proposed Comprehensive Guide Plan Am ndment designates the western portion of the Lone Oak area as "N ighborhood Business" and the middle and eastern portions of th Lone Oak area as "Rural Residential" which would b consistent with its zoning counterpart Agricultural. Jill West, a resident of 600 Lone Oak Road and spokesperson for the Lone Oak Acres Community residents, stated that the area r sidents are in agreement with the proposed plan. She stated, however, that they request that any assessments for road and/or storm sewer improvements be at the lowest residential rate. Member Heyl commended City staff in addressing the concerns f the residents and the APC in developing the proposed Comprehensive Guide Plan. Member Heyl further responded to Ms. W st's comments regarding assessments, stating that the issue of ass ssments is not an issue to be addressed by the Advisory Planning Commission and suggested that the Commission request the City Council to adopt a policy with consideration of the residents concerns. Member Merkley stated he concurs with Member H yl. Member Merkley moved, Wallace seconded, a motion to approve the Amendment to the text of the land use element of the Comprehensive Guide Plan adopting a small area plan for the Lone Oak ar a including changing the land us from D-II Mixed R sid ntial (0-6 units/acr ) to N ighborhood Busin ss (NB) and 6 IP5 7 /EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 27, 1994 Rural Residential (RR) and changing the Land Use Guide Plan map located between Lone Oak Road, Trunk Highway 55, and the Eagan/Inver Grove Heights border in the north one-half of Section 12. All approved in favor. 7 LAND USE ELEMENT EAGAN COMPREHENSIVE GUIDE PLAN SMALL AREA PLAN (A) LONE OAK AREA PUBLIC HEARING DRAFT December 27, 1994 1 2 ( . , Purpose The Lone Oak small area plan is a specialized land use plan for that area of northeast Eagan which is encompassed by Lone Oak Road, Trunk Highway 55, and the Eagan/Inver Grove Heights corporate border (see Figure 1). This small area plan contains the objectives and policies guiding the long-term development of the Lone Oak area. Objectives • To identify the appropriate short and long-term land use of the Lone Oak area. • To promote an orderly progression and unified plan of development within the Lone Oak area. • .To promote site sensitive development harmonious with the unique physical characteristics of the area which include heavily-wooded steep slopes along with ponds and wetlands. Context History In May 1994, the City Council initiated a Comprehensive Study of the Lone Oak area. The area comprises 29 separate parcels and contains 17 single family homes. A moratorium on development was established in the study area effective until May 18, 1995, or such sooner time as determined by the City Council. The area is zoned Agricultural and R-4 (Multiple) and the City's Land Use Guide Plan designates the area D-Il Mixed Residential (0-6 units/acre). The study area was designated R-II Mixed Residential (3-6 units/acre) in the 1980 Comprehensive Land Use Guide Plan. At that time, there was discussion whether or not this area was suitable for urban residential development. Since there was no pressure from the development community, it was felt that this designation would be acceptable until such time that a larger development pattern in the area was established. When the Land Use Guide Plan was updated in 1988, the "R" designations were changed to "D's" reflecting density ranges. The study area was designated D-II, allowing a more flexible 0-6 units/acre. Since 1980, a significant amount of commercial development occurred in the area immediately north of the study area. It contains the Northwest Airlines Headquarters . building, flight simulator building, Cray Research, and some office/showroom buildings. There have been two previous land use studies and separate requests for changes to the Land Use Guide Plan designation and/or zoning from two property owners Thosestudies reviewed the area to determine the most appropriate use for the property and while the conclusion was that residential development would be inappropriate, no changes were made to the Land Use Guide Plan designation or zoning as a result of either study. 1 ac� LOCATION OF STUDY AREA • \ /7 1 per` 1 ;: 1 .a.• ". 1 ---- \ I k w‘"L ---r— •Wit I \ Nw �� - Nw ) 1 NE •♦ .1 ' ey4f� • eon sTt IG' f• 1"FP . 'It. '''-'• .Pktini-t: •C: . . etut i°v. . g.05_,___-_1„- 2j, r Wjl ''' •• .. .r. , • ri.: A $1 G •�:' �k'''..:4111; 114.4.1. I `` I :� r I _ cart 1 -' /09 IT . �r J w - s• .D�'°f° i. r (\`;' t 1� NE s SAY NE °... NW I d •*: ` W_ Nift • jai '*I l�n. q at..� c % it t4 1,7 Y• !NINE !WK J Syy-_ .. is MANIC Sw SE Sw '% A ), • Li i Surrounding Area and Development Trends The study area in northeast Eagan abuts Inver Grove Heights and is within approximately one mile of Mendota Heights, Sunfish Lake, and West St. Paul (see Figure 2). North of the study area are a variety of uses, including a few single family homes on Agricultural zoned land, the Cray Research campus, and vacant land within the Laukka- Beck Planned Development. This entire area north of Lone Oak Road is guided CPD (Commercial Planned Development) in the Comprehensive Guide Plan. The land south of the study area contains a variety of uses: a Fine convenience/gas station zoned GB (General Business); R-1 (Single Family homes); vacant R-4 and ' Agricultural land; and a landscaping business zoned GB. Comprehensive Guide Plan designations for the area include: D-I Single Family Residential; D-II; D-III Mixed Residential; and GB (General Business). Highway .55 provides a fairly effective separation of this area from the study area. Land immediately east of the study area is in the City of Inver Grove Heights. Except for a small parcel zoned Limited Industrial adjacent to Highway 55 and the corporate border, all of the land is zoned Agricultural. Their Comprehensive Guide Plan designates the area R-0/R-11 (minimum ten acre lots until public utilities are available, then residential at 3-6 units/acre). Inver Grove Heights indicates that the long-term land use for this area may be reevaluated when utilities become available. The area immediately west of the study area across Highways 55/149 is zoned LI (Light Industrial) and guided IND (Industrial) in the Comprehensive Guide Plan. The Dart Transit headquarters is located in this area (see Figures 3 and 4). Commercial development, consistent with the existing development, is anticipated to continue as the market bears in the area immediately north of the study area. With the availability of land in that area and utilities in place, it is likely that that area will develop before there is a need to expand major commercial into the study area. The numerous parcels and scattered housing in the study area will be obstacles in the long-term development, but as availability of the land decreases,the market will command a higher price for the area and warrant the long-term commercial development. From a commercial standpoint, the major roads surrounding the site are very desirable. Existing Land Use The study area consists of three sub areas: the western area; the middle area;.and the eastern area. The western area is zoned Agricultural and is relatively flat near the Lone Oak Road/Highway 55 intersection where it has previously been cultivated. 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L a \ . . a / IM..., ''... ...:... A. ii- , ..; • - . 11 Pik 1111 HIIIII \s.11'ak `Rd ,; Ina�� trt`;� Ikti, A ;::. • : lit i ..,..a. ,,,,L,....-, , . ,„ . firei.7 . 1;114 \•it. b..‘_Llt•ifj'.. .---of!ge.:-44 ili I ` . t .. al1-sl1 � FIGURE 3 l�N v ..IL /�� —. r. _ i. ►� °M �� _ w`� l��kr a :� / .. r� • Y.•LtY grigini. a3 : : eta Ii . ,. - } i I v 4ila° E @ � E?.\ a g 01/1 I tgJ� � + i E pp — v+�Y�/ tf �r CIO - f v p Q ILW' a a. _ ' e nJ O W 7 .1., 1111'W. . 0 . I tf;:::) *it: i i; r - 1 El yr- 1 i T- I lylii,1: .....at CO :0 t A c lot 9 Ap ii i 0 '!' &V,..441111gni C7) r k z , ..,.-%,_,... _ , --,... ..,„ g .,ciii_...ii, .., _.,......„; ...,... lop,,._‘" 1 .,33.. .- .I �' '\ IIII..-.)... a-. 1411 fIZ,. 4111 • ,ii ("r ".; V A • IL, • L N ' I j 11111111 IIIhl xo�vriaar e �11 10 '/1\ - 'am Ncuor�a� y eISti208@ i @S$Q.g w.t re : ii ,/ ;i)1 1 i 1111'� 111111 S.pv i� ►. nsrw \ c � _•F _ 11I 1�I _ - f�\ 0 , r.0 Y'1 tiri j L I, •: Vass. 0 .. . .. ._�,... . 13 ) FIGURE 4. • I • • , • .. ...,...!I. .. a',..".....,, .. ...-..? _'. ._ .„1. , ili I • ,A• .." 1 \ ' . i ,'i . I \ :.. • . r . . ___, .i \ \ • ;WI% A- I . . • • 40• // Ti ? L r' . •CU •••:".: , 0 :.........-............-t.. Ing 011' - - 3� y ;• - ,; _ - • ,• • ---- _ =- ram - • : ' • • co 5 3,,,,(_ri.I I.6 y \ o . . . Cr 4=0 40 M -.4;`,' l' ' \ 1 . a r‘ ....,-'.-' - --� �-■ r•CO . I •IP Vg_e--gif / . 105- \W . • - ---- • i i a,-- j ill/ .• • c 7 r 7 111\ 1 . . ......d_. . . _. . . iii„,.. ..•. :.__ ,i"i. a., F. _ ••• L......... .A.. . . ... ... ,,„,. .,. . . 4 . ihi. .w,.. , ,...,.. .:. : .3 i . • '42,11)P . .., r •-- w• h o 0 1:.---i `• _ 1 r.. a i •i D ii II 6 • ° i - _,• , .. ........ 1_3 a.. FIGURE 5 generally slope toward a large pond abutting Highway 55; there are some v ry severe slopes along the north side of the pond. These areas are heavily-wooded, containing primarily deciduous overstory trees such as Bur and White Oaks, Ash, Elm, and pockets of Aspens. The understory material consists of: cherry trees, regenerating oaks, buckthorn, and dogwood. There are ponds and/or wetlands on all three areas that would be regulated under the Wetlands Conservation Act. Airport Implications The western portion of the study area lies approximately four miles southeast of the Minneapolis/St. Paul International Airport directly in line with Runways 11/29 (see Figure 6). The Metropolitan Council established aircraft noise policy contours since the time of the 1980 Comprehensive Plan adoption (see Figure 7). These contours were adopted to guide development around the Minneapolis-St. Paul International Airport. Commercial and Industrial uses, and the more noise compatible construction methods associated with them, are the most compatible with noise generated by aircraft. Residential uses, especially low density single family homes, are the least compatible. The contours represent four noise zones and the guidelines associated with them discourage the location of new developments of incompatible land use within each of the zones. These guidelines differentiate land use by describing them as consistent,provisional, conditional, or inconsistent. The entire study area lies within Noise Zone IV. Commercial/Industrial uses are considered consistent in this zone, while residential use is considered conditional, meaning that residential land should only be permitted as long as certain noise attenuation practices developed by the Metropolitan Council are followed. The City of Eagan has been evolving towards a policy to discourage residential development of those northern portions of the City especially affected by aircraft noise. Transportation System The road and highway system in the City represents a significant investment made in the past, as well as the commitment to the future. The City has supported efforts to design roads that would be constructed to accommodate projected daily.trips. Lone Oak Road from Highway 13 to the City of Inver Grove Heights is classified as a "minor arterial" and is under the jurisdiction of Dakota County. Trunk Highways 55 and 149 that meet at the southwest portion of the study area are classified as"intermediate arterials"and are under the jurisdiction of the Minnesota Department of Transportation. This classification is the next highest to that of a principal arterial which would include interstate highways such as I-35E and 1-494. The study area is unique in that two of its three sides abut these roadways. The Comprehensive Plan designation is a critical factor in determining what the design of adjacent roads should be. Dakota County currently anticipates improving Lone Oak Road east of Highway 55 into Inver Grove Heights in 1997-98. This is an important east/west link between Eagan and Inver Grove Heights, especially for the businesses located in the Eagandale Center Industrial Park to the west and the area to 3 133 1 • e'' / .•• r-., .l • . came \\.\rie '' 7...7......,....„.. „. . r..,... . :..., .. ., .......„..,..„..... r_ 4 a. VL.,.. ri . • . .4 ( . � � � s c •al:dlf.• lills7\ 441, 4:1:i.• 112*FP,A.2. Y's 4 . - fin► I . am.__• -.. 411, ' ier• 4014 fl t tr:all.3 \•-%••-;••-1 .jp. . a ar1ts- . , . (..i.„ �� ` lift..- I .\ ae Er, — Vitt 1,11:11 • � i- Co l N N HIV , , "�'�- wa• ,.— �. may -IF-L:...1 VitiWiliPr-•'''''"^'•---,..-s-.... ••• L-.' ---.n. ::::_---.. --;. . ."-_,; =!....,r . .,„ . .. _ 1• C C ? �" �.• 0 CC •:•./. 0-:;\ , –,,tv.4-c, ..< ,..;: - . 4.--. —i zri-a It_atitizscot. ,___ ?I, :....... -.....= 2 2 0 ''Al it„_.1 ."*.A '`..,..flibvi.'''''./4,4:1"'"--- .5.TE0 ''''''''''- ---....,,,--..p--,., A.'17-4--7.461F-4. �p,v r") -6.-• :.•,.- g_it . 'irk ' �_ -11a•,.• i" rE / I * "'.';.'•.+,w" � :4 05•L'.I_ '• 0 (.1J'". , 1,1...6 . I ...,•••••,i, •. •y 1,....•■1_,C.••• --...-Fr•- .-,,...........!..e--...r..M._ t, V 11116.2.4141 ‘ i.,1— ..-...5.4""1.-4 '-'1_,Clar"\-.2=-:---(1..l. ,1 .......-------2---L-1 v:--,lifirsiatti tjtaii- 4,.....,*- *-- .'. r .91., s• . f.; • P`. ' Cal :31.---",, .- - • 71291P'-'7.12"*.• ...••••■• lig;ISIA7:641/W1 *A 9 4149 sik .. :I — ��1M!✓� l -,.9. 4;'�:•. •113,. --....•• - „;- ,„.,..;,* __ . ? 111/ . `-k y., W _ f�Y y T'• tr,...,8, ez).-p„ 's's:\,,...%N.N..s\ liN----N ".7. FIGURE 6_. _ • tj` -ir.vuri.r�J a I r '� A--_ ,� �W u ..auui • `l a o.ic•MMra Lam,IAIP .`�,�•ice-._Or purlr 16.• VMMP LAW•• -1"eft'�1�a�n�o �ru�� + .}�EZ'a�_`-' JI d W S iYEvrl vj.J�•J G LIRA' • /• I 1 0 ci rit-no!.V r. r ,.. . \ ).. .....,.., ___Ld_oi ....t.j,,,. .. ipt.,,,ii p . r . % p.r • .-. ....lie fe 4 lie .11171 3 r �_.,_ :_ iimmeguis,,... ,,,,,cr II WA • I , 111P ir - . 'It. A. e gig Liar: til • i- o ril : i 0 * CO .i Mr 41,141/47 _..41ri!'W .--- ,_= . :7 immurinalar! tcmay, 't . lelini,, It... . I -- 11311+i : : .rE3 104 I .t �..-t,fib, � w.- [ ii..)04 I- ' *le . s....- ■' ! I!iLàA, Tom . '+• 6` O•1t $H1 � . !t f3 .c i * t% -�..., ,, , „,,,,.....„, 7f-,--- as i:. I Si i Is , 45;,,,,_'"T9Z.M.0 - A fu 1 1111441 11 'di A. Mr i • Ilk Ira"' ;.1.e64 .411 I All LIM 4:( ' . ■_-71. cr A "'" 1., anx.",..,,, _ _ kkcizm . IT le, . .-/-ft xr K ,.,, Tr',11 IT.,.::. , fea ,..,,i 1 • -‘::" ii ,:Ar . r iti, . II " F -- ._is —fp Ili p co I. t ll • I^ W''.W_.,eitti --1.4 \i- w 5 • AIM 9.“.;.' :!'.•4 - ik” 1 AT 1 till! ', �' ` .:: :: M me-'` _11' krill = ' rkr• ',I/ . . .- .:;.:: t IV It . - IC ....1 1 AIN. NI:- 4L__,,,,.4110, - 4. _ x 110: . '-a: 'lir-4V ,V. 794. ' 1 Oil ;if _....e.,_11- ' ott:, I if 6 II 4111-4# 4;0 -4---r -----‘ '-' • "•''' / 1 At 11447.Nt [L. 0 t-:_"._,,.9 J .. 0 n 44, ds-A,...* ■ - - ?etc 1-- ,' V 1il %VIVI! ► Z 1_411, jiir iii. f w ; ' �raga; . iw i U f� I ICC ...la wwww I��rr . t ,',1 V .I_ 7 Est � j �i�[ �i YV1 ' ,rV 1", �� )fr4. sr •� O...,a-e a ,.. A lo.4�u� • - , o, .. f I K I 3, C FIGURE 7 the north containing Cray Research, Northwest Airlines, and various office showrooms. No improvements to Highway 55 are proposed in the vicinity of the study area in the immediate future and MnDOT prohibits new, direct local access to its trunk highways. Conclusions 1. The study area is approximately 105 acres in size and is surrounded by a county road, a trunk highway, and the City of Inver Grove Heights which is not anticipating sewer to that portion of their city in the near future. 2. The Lone Oak area is physically separated from other residential areas by a county road and state highway. Isolated residential development in this area is undesirable for the long-term use of the property. 3. Heavy industrial use would be incompatible with surrounding uses; however, office, research and development facilities, institutional uses such as clinics and hospitals, as well as neighborhood commercial, would be appropriate land uses. 4. Additional residential development at urban density in this area at this time is undesirable due to the current impact of aircraft noise, however, the uncertainty of whether or not the international airport will be relocated affects the long-term land use for this study area. The middle portion of the study area contains scattered single family homes; and as a result, it appears that it could be difficult to combine those parcels for development given the market in the near future. Also, the improvements to the roadway system in the area will significantly affect the character of the study area. 5. The west end of the study area is an area where major roadways converge and is relatively flat without significant vegetation. As a result, this area could develop commercially without significantly impacting the remaining portion of the study area. Also, the City's market studies have identified a need for neighborhood, or convenience commercial, in the northeast portion of the City. 6. While development of the remaining four-fifths of the study area as urban residential development is not advisable, the existing market is also not in the position to absorb additional commercial square footage. Therefore, the City needs to leave that area in a status-quo state to protect the existing scattered single family homes until the transition to a higher use occurs. 7. Due to the long-term uncertainty of how the Lone Oak area will develop, a new land use designation needs to be established. This new designation would be RR (Rural Residential). 4 136 • Citywide Policies The Lone Oak Study identified the need to establish new policies relating to the overall development in the City by the creation of a Rural Residential land use designation and specific language regarding residential development in aircraft flight patterns. Rural Residential Rural Residential is defined as "an area not intended for sustained agricultural use or for urban scale development because it lacks essential infrastructure such as municipal sewer and water." This type of land use would allow low density (five acre lot minimum) residential use. Al The City shall add a new land use designation - Rural Residential - to its Comprehensive Plan. A2 The Rural Residential designation is appropriate for those areas where the long-term vision for the land is not urban residential until such time that substantial market change justifies a more intense use. A3 Zoning designations appropriate for the Rural Residential land use include Agricultural and Public Facilities. Taxes and Assessments Property taxes are calculated on the actual use of the property; that is, there is no relationship between them and the City's comprehensive land designation. Assessments levied by the City are calculated based on the property's Comprehensive Guide Plan designation. The City has an established practice which allows utility improvements to be assessed at different rates depending on the comprehensive plan designation of the affected property. The City uses a connection charge mechanism to collect any differential that is due if, and when, the property use changes in the future. Since the City can assess for improvements only once and there is no established practice which acts like the utility connection charge procedure for street improvements, • the City assesses those street improvements based on the Comprehensive Guide Plan designation of the land. The City needs to specify a new assessment policy for the Rural Residential designation. Airport Compatible Development • In addition to the regional planning implications of the Metropolitan Council Aircraft Noise Policy Contours, the City of Eagan recognizes the increasing frequency of aircraft noise impacts, especially in the northern portions of the City. This impact is not likely to diminish substantially unless and until a new international airport replaces the existing 5 ).3 Minneapolis-St. Paul International Airport. Even if the legislature chooses to pursue this alternative in the future, it is anticipated that acquisition and construction will occur over a 15-20 year time frame. As such, the City must consider noise compatibility in its development decisions in the areas most affected by aircraft noise. A4 The City will generally discourage new residential development in the areas most affected by aircraft noise depicted in Figure 7. This area is generally defined by the current Metropolitan Council Noise Zones and lies north of Lone Oak Road, west of Lexington Avenue and north of Yankee Doodle Road, east of Lexington Avenue. As The City will consider in-fill residential development within the area described on a case-by-case basis. Where such in-fill development is permitted, it will only occur under appropriate requirements respecting aircraft noise, including sound attenuating construction techniques and buyer notification of the noise environment. LAND USE DESIGNATION FOR LONE OAK AREA The Lone Oak area consists of three sub-areas (see Figure 8). The Land Use Guide Plan designation for the western (approximately 20 acres) of the study area will be designated Neighborhood Business. The existing Agricultural zoning will remain in effect until such time as a specific development is proposed for the area. New zoning classifications that would be compatible with the Neighborhood Business land use designation include: LB (Limited Business); NB (Neighborhood Business); and PD (Planned Development). The Land Use Guide Plan designation for the middle and eastern areas of the study area would be Rural Residential. The entire area would be zoned Agricultural, permitting the existing homes in the middle(approximately 60 acres)area to remain as conforming uses. The eastern (approximately 25 acres) area would be rezoned from R-4 to Agricultural permitting some very low density residential development. . The Rural Residential land use designation will be considered a long-term interim policy. In the very long run, the City expects this area to be developed in some non-residential urban use; however, the timing of that transition to urban density development will be the result of private market forces that cause a substantial and material change to the characteristics of the land as used currently. It is important, however, that the transition from the Rural Residential to commercial or industrial development take place in an orderly fashion which does not impact negatively on the area. For example, it would be best if the area developed in large tracts in a west to east manner so that individual residences are not left as isolated uses in the midst of office or industrial development. 6 I 3S o I Z CC •''i :: • : •••.• *::•:•::::::::•:•::•••::•::•::••::•:•:•:•:•:•:•:i•:•:•' O CC CC a CC N e1 E •t56: i : i:r:••r :::�; . ,l i,••. ,•.., v.: � } i O 0 rl in n O O O •; ' 0 0; %` ; NN0? : O N rl eN O O O O O O 1 1 I I 1 1 1 O 000000 0 000000 N •;:h::::::::::::::::::::::::•:•:•:•:•••••:•••:•:•....... : ••::. en eel e-I rl co m m 0 000 .' d' d� • . .... I I I I I 1 • 0 0 0 0 0 0 0 rl rt "I 1-1 ri r1 rl N N N N N N N N 0 000 ° 0 0 1 Z 1 1 1 1 1 1 1 1 a t/) OODOOOOON_J rll*11111C � m 010d� J W 0ill 0 00 O O r1 O a U . 1 1 1 1 I 1 1 1 O W p0000000 W p Q 00000000 Q Q mexlmaommmm ca 5 6 d _ en en en en In en m m In 0000000W J CC y• 1 1 1 Cr 1 I I I Cr O (n 0 ' r01r0•Ir0-lr01 �0-1r0•I � eO•Ir0.1 Z N N N N N N N N N 0 0 0 0 0 0 0 0 0 I I I I I I I I I 000000000 5 .. r♦ Nfn .O' in1Gl- me71 0 0 0 0 0 0 0 0 0 0 1 1 1 1 1 1 1 1 1 00 0 0 0 0 0 0 0 Y 000000000 N N N N N N N N N O su .. . }:$�'• r•1 rl ri rl rl r! ri ri'ri 0 0 0 0 0 0 0 0 0 • :.:::::::;.::::%.::::::::::::::::::::::::::::::.*::::' I 1 1 1 1 1 1 1 1 ::::.,:':''::'5::: 000000000 ::%:<•:4:ii:: :777 n"1rlrlf1r1ri • CC Z WI 0::::::::::•:::::VV44::::::::: t 4"-s5 FIGURE 8 _ _ , , ...___. •• _ _ _ ____ Development Policies for Lone Oak Area A6 In reviewing development plans for the western portion of the study area, the City shall insure that adequate buffering is provided through proper site design and landscaping. Any necessary physical buffering would be installed with the initial development. A7 The City will not support any revisions to the Rural Residential land use designation in the Lone Oak area until there is a strong indication of market support for urban scale non-residential development. A8 The transition from the Rural Residential to urban non-residential land uses in the Lone Oak area should not occur in a haphazard incremental manner that would result in creating isolated Rural Residential pockets. Development in increments in the range of 10-20 acres proceeding from the western urbanized end eastward will be preferred over smaller, scattered incremental developments. A9 The long-term land use designation for the Lone Oak area should be further evaluated in the event that the State Legislature determines through the dual track airport planning process to relocate the Minneapolis-St. Paul Airport. A10 Neither the availability of utilities to the area or development on either of the western or eastern areas would warrant a change from the Rural Residential designation on the middle area. Implementation Land Use/Zoning Land Use Guide Plan changes are approved by the City Council subject to approval by the Metropolitan Council. If the Metropolitan Council approves the land use change from D-II to NB and RR, they would go into effect immediately. The rezoning from R-4 to Agricultural by the City Council would be done after the metropolitan approves the land use changes.. land-use.ele 7 1 Agenda Information Memo January 17, 1995 City Council Meeting REZONING/CITY OF EAGAN D. Rezoning, City of Eagan, of approximately 25 acres from R-4 Multiple Residential to Agricultural, between Lone Oak Road and T.H. 55--Associated with the comprehensive plan amendment for the Lone Oak area, the Advisory Planning Commission is recommending the rezoning of the 25 acres located adjacent to Inver Grove Heights between Trunk Highway 55 and Lone Oak Road from the current R-4 multi family zoning to A (Agricultural). The Advisory Planning Commission conducted a public hearing on this proposed rezoning at its meeting of December 27, 1994. Enclosed on pages(tOtahroughte0 is a copy of the minutes of the APC meeting. The property owner was not present at theng but did submit a letter to the Advisory Planning C mission indicating opposition to a rezoning. A copy of that letter is enclosed on page l of . Also enclosed on pages 04 through /V7 is a copy of a Planning Report regarding this item prepared by the Community Development Department. This rezoning is intended to implement the recommendations of the Lone Oak small area plan amendment. However,this rezoning should not be given final approval by the City Council until such time as the Metropolitan Council reviews and approves the comprehensive plan amendment. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of a rezoning of approximately 25 acres from R-4 to A (Agricultural) between Lone Oak Road and T.H. 55 pending review and approval by the Metropolitan Council of the City's comprehensive plan amendment for the Lone Oak area. • S /EAGAN ADVISORY PLANNING COMMISSION MI.NNUTES DECEMBER 27, 1994 LONE OAK AREA REZONING Chairman Voracek opened the next public hearing of the ev ning regarding a Rezoning of approximately 25 R-4 (Multiple) acres to A (Agricultural) located between Lone Oak Road and Trunk Highway 55 in the NE; of Section 12. City Planner Sturm introduced this item. Mr. Sturm advised the Commission that the background, history, and issues as discussed in the Comprehensive Guide Plan Amendment in the previous item is the same for this item involving the rezoning f th eastern portion of the Lone Oak area. Mr. Sturm advised that the action to be considered by the Commission is to approve r deny the rezoning of Parcel No. 10-01200-010-01 from R-4 to Agricultural. Mr. Sturm advised that the proposed rezoning will be consistent with the rural residential Comprehensive Guide Plan d signation. Finally, Mr. Sturm noted that the owner of the subject property, RES Investment Company, objected to the proposed rezoning via a letter to the Commission dated December 27, 1994. Member Segal recommended that this matter be postponed until the Metropolitan Council acts on the Comprehensive Guide Plan Amendment. Segal further stated that a continuance of this matter will also give RES an opportunity to appear and be heard on the matter. Member Heyl stated she disagreed with Member Segal. Member H yl stated that the Comprehensive Guide Plan Amendment issues w re discussed in conjunction with this rezoning issue. Member Heyl recommended that the Commission act on the rezoning issue and send the two matters as a package to the City Council. With ✓ spect to RES's opportunity to be heard on the rezoning issue, M mber Heyl stated that a representative of RES was present at the previous meetings and had notice of the present hearing. Ms. H yl concluded that based on these considerations, there is no point to postpone the rezoning issue. City Planner Sturm confirmed that the property owner, RES, did receive notice of this hearing. Member Merkley stated that the rezoning is proper and concurs with Member Heyl that this matter should be sent to the City Council with the Comprehensive Guide Plan Amendment as a package deal. Members Isberg and Voracek further concur with Member Heyl. Chairman Voracek further noted that the rezoning is consistent with the conclusions and results of the Lone Oak Land Us Study. Member Heyl moved, Isberg seconded, a motion to recommend approval of a Rezoning of approximately 25 R-4 (Multiple) acres to A (Agricultural) located between Lone Oak Road and Trunk Highway 55 in the NEB of Section 12. All approv d in fav r. 8 f 9 /EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 27, 1994 ADJOURNMENT H yl moved, Merkley seconded, the motion to adjourn the December 27, 1994, Advisory Planning Commission meeting at 7:55 p.m. All pr s nt voted in favor. Secretary - Eagan Advisory Planning Commission 9 Li 3 1100 International Centre 900 Second Avenue South Minneapolis,MN 55402-3397 FREDRIKSON & BYRON, P.A. (612)347-7000 Attorneys At Law FAX(612)347-7077 Direct Dial No. (612)347-7112 December 27, 1994 iiikinSSEN(;ER Advisory Planning Commission City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Members of the Advisory Planning Commission: ' I have been informed that a Public Hearing will be held on Tuesday, December 27, 1994, to consider the rezoning of approximately 25 acres from R-4 (multiple) to A (agricultural), which acreage is owned by RES Investment Company. As a partner in, and on behalf of, RES Investment Company, please be advised that RES Investment Company opposes the rezoning. The preference of RES Investment Company would be to have one of its partners appear in person, but due to the date of the public hearing and the short notice, a personal appearance cannot be accomplished. Respectfully submitted, 1/0 Wa 6.—Sl cte- C eK Howard G. Stacker for RES Investment Company HGS•,0 • PLANNING REPORT CITY OF EAGAN REPORT DATE: DECEMBER 20, 1994 HEARING DATE: DECEMBER 27, 1994 PROPERTY OWNER: BARRY EFFRESS PREPARED BY: JIM STURM ACTION: REZONING LOCATION: NE 1/4 SECTION 12 COMPREHENSIVE PLAN: D-II MIXED RESIDENTIAL ZONING: R-4 SUMMARY OF REQUEST: The City of Eagan is proposing to rezone approximately 25 acres from R-4 (Multiple) to Agricultural. The site is located between Lone Oak Road, Trunk Highway 55, and the City of Inver Grove Heights. BACKGROUND: In May 1994, the City Council directed that a comprehensive land use study be prepared for this portion of the City. The Advisory Planning Commission directed that the study area be separated into three sub areas: western, middle, and eastern. Parcel 10-01200-010-01 was included in the study as the eastern area. A result of the study was the preparation of a small area plan and associated policies for the Lone Oak area. The Rural Residential land use designation was also included in this plan. One policy states: "Zoning designations appropriate for the Rural Residential land use include Agricultural and Public Facilities. " The Comprehensive Guide Plan Amendment changing the land use from D-II to Rural Residential and the rezoning from R-4 to Ag can be acted on by the APC at the same time; however, the City Council will only act on the Comprehensive Guide Plan Amendments since they are subject to approval by the Metropolitan Council. If the Metropolitan Council approves them, the rezoning will then be acted on by the City Council. ACTION TO BE CONSIDERED: 1. To approve/deny the rezoning of Parcel 10-01200-010-01 from R- 4 to Agricultural (A) . 1 � � LOCATION i 4.5 LI 7,:lx ...-:),_ _ ,.., : _ ---, ,,,... OOR4.1. . 4i4 i \ NI /AV/ 04 %""". . ,• . es I r(fir' 1 \ �4 ** billir4)iiiffF , ! e4te 64. . •r' j • l '�. it , '!ice •, •• ` ` •ot °? fw SE fr �.J i li #' INIf a 7 ° �' Al NI .. �f Rai ��\4 I .� /y �r �► b, t., , I iit. ". ••••••••■•::::::i:i*.:Sn:::::::::::::::: g I, \ V.1- 'Illi, ' aw . I.tae^PT =w cr :E !w '. i•onar n. ah.MUTT MIXT * ‘ - kik .41% g•111101•1•00e lel ! rei. ro •OOti ftMO 4, 111F rs"'-' /5;7 t et 1) I. . 4g1 j;":01, 3'7 ow i 6 [ Ot1Mf IARk�� [<IRR/IGf / i� . y f t1 1 ri . ■ 1 XIR't■.b count . r::,-- \ x.� N. n� . liar, re • fc (p • Agenda Information Memo January 17, 1995 City Council Meeting 1995 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION E. CDBG Grant Application--The City of Eagan will once again receive a portion of the Community Development Block Grant funds allocated to Dakota County. The staff report describing the status of the c ent grant funds, as well as proposals for the use of these funds in 1995, is enclosed on pageshroug Staff is recommending that the 1995 funds be allocated as follows: Senior Housing Project - $150,000 Youth Development Program Expansion (in the Wescott area) - $5,000 First Time Home Buyers Down Payment Assistance - $55,000 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution for the 1995 CDBG application to support three projects: 1) senior housing project, 2) youth development program expansion and 3) first time home buyers down payment assistance. • Lfg _ _ _ ri •i *: :;;• S4$4:}y: rrr'tii: ' :X: :r: } : } •i*;:r: ;r; ; ; ;; %; ; .: • . r •::fir{•}•}.•r• . 4;:• •;r ::•'r;T::1•}.:: �} .., •••;•:':}.. 0 • • .. ... . .... : .... . .. • ,8,' Z OY/ O N w ti o I : ; O ii::: ;K$2*:: ::; .;:.• •',•%%i'i'i%:.: ;1:ti;:ti,•:;,;: o • . fir.+ t� if at. • MEMO ____ city ofeagan TO: Tom Hedges, City Administrator THROUGH: Peggy A. Reichert, Director of Community Development FROM: Lisa J. Freese, Planner DATE: January 11, 1995 SUBJECT: 1995 Community Development Block Grant Application 1995 Funding Availability The 1995 CDBG Grant to Dakota County is $2,088,000. Of this, $591,000 is allocated to District 3 and of that amount Eagan will be allocated $210,170. Our funding allocation. is determined using a HUD formula based on housing stock, population, and number of low/moderate income households. Project Eligibility CDBG funds may be used to promote two basic national objectives: 1)to benefit low and moderate income families; or 2)to aid in the prevention, or elimination, of slums or blight. Projects and programs must meet a test of fulfilling one of these two objectives. A project can be funded in an area determined to have a high ler, of low/moderate income families. Any census tract of block group with over 40.76% low/moderate income households is eligible for CDBG funding in Eagan. If a project is to be funded outside of these areas, it would be necessary to either survey the families benefiting or to have an application process to screen the qualifiers. CDBG funds can be used automatically for projects benefiting persons with disabilities. Bumsville, for example, has used these funds to upgrade parks and other municipal facilities to meet ADA standards. One difficulty with using CDBG funds for ADA improvements is that the ADA improvements must be separated out from general improvements also occurring for that project and all contracts must meet Bacon-Davis requirements. • • • Status of 1994 Expenditures In 1994, the City used CDBG funds totalling $209,965 to fund four projects: Senior House Project: Through a switch process permitted by Dakota County, the City has been allowed to exchange CDBG funds for HOME funds. These funds, unlike CDBG funds, are eligible for new construction. Last year we reallocated $150,000 to these funds to be eventually used for constructing a second phase of Oak Woods of Eagan. Currently, about $435,000 of equity is dedicated to this project with the estimated cost of phase 2 at about $1 million. The project will probably not be scheduled for construction until 1997. Citywide Housing Plan: The Community Development Department has been collecting background data and began outlining a new housing plan. Amanda Tibbs, a planning intern, has been hired using CDBG funds to assist with this task. $20,000 has been allocated towards this project. This project will likely extend into 1996. Wescott Square_Management Assessment Improvement Plan: The City is working with the County HRA on this project. Jay Jensen, of Miller and Schoed r, is conducting a financial feasibility study for ownership restructuring and/or a County HRA buyout of the Wescott Square Townhomes. An initial analysis has been completed and it has been determined that to complete this feasibility, an assessment of rehabilitation needs and appraisals of the properties will be necessary. The $10,000 of CDBG funds allocated to this project will be used to complete these tasks. Yvette Quarfot, the HRA project manager, has indicated that this amount should be adequate to complete these two tasks. There may be some recommendations from this phase of the study for which future CDBG funds could be used for such as rental rehabilitation but that determination will not be made in time for this funding cycle: • Wescott Square Street Reconstruction: Wescott Square roadways are in need of reconstruction. $30,000 of CDBG funds were allocated a portion of the cost normally covered through assessments. A draft feasibility study was completed in July 1994. The project is scheduled in the 1995 CIP for construction. 1995 Recommended Applications The department heads reviewed several options for the use of 1995 CDBG funds. It was assumed that the City Council would view continued support of the senior housing project as a top priority. Also, in light of the regional focus on affordable housing and persons of special needs, it is suggested that efforts to promote first time home ownership and youth development would be very appropriate ways for the City to use the remaining $60,170, the 1995 allocation. All applications must be submitted to the Dakota County HRA by January 31, 1995. The following expenditure plan is recommended for the City Council's consideration: (� O Project Amount Senior Housing Project $150,000. Youth Development Program $5,000. First Time Homebuyers Downpayment Assistance $55,170. TOTAL: $210,170. The rationale for these proposed expenditures is as follows: 1. Senior Housing Project. In the past, this has been a high priority of the City Council. Mark Ulfers, Dakota County HRA, has indicated that the City can switch $150,000. of CDBG funds to HOME funds. The more equity that can be built up for this project will translate into more affordable rents and the sooner it can be constructed. In the first phase,the City contributed$1 million with the County HRA contributing another $1 million. With this significant cash outlay, the rents for the project were kept below $300. 2. Parks and Recreation Programs. CDBG funds can be used for funding programs similar to the City's Youth Development Program. In order to be eligible for CDBG funding, the City must demonstrate that the dollars will be used for enhancement to the program. CDBG funds cannot be used to substitute local dollars expended for the program. Also, the City will need to demonstrate that the program is benefiting low and moderate individuals. Currently, we are requesting information from HUD as to the documentation necessary to meet that requirement and that will determine what specific program enhancements for which we will request CDBG funding. This program was initiated by the City during the 1994 budget process. To date, the Parks and Recreation Department has hired a program, coordinator and has set up an outreach center in an apartment rented by the City at Wescott Square. At this facility both juvenile girls and boys groups and a program for preschoolers have been established. Programming has included field trips and a summer-time youth basketball league. The City has collaborated with School District 196 and has brought in an adult basic education outreach and the agriculture extension program to Wescott. Next year the Parks Department plans to enhance the programming at Wescott and potentially expand this service to other neighborhoods in need of such programming such as Meadowlands and Cinnamon Ridge. 3. First Time Homebuyer's Downpayment Assistance Program. This program would provide downpayment assistance to first time homebuyers at 80% or less of median income. It would be a 0% loan with repayment deferred until the homeowner sold the property. The maximum amount of the loan would be $3,000 and would be recorded as a second mortgage on the property. Since the money would be repaid, it would become a revolving loan fund dedicated to Eagan (S" -- I residents. According to HRA statistics, the first time homebuyer stays in the first home about 11 years so the repayment of this loan may be several years out. The City would have the HRA administer this program in conjunction with their First • Time Homebuyer's Mortgage Program. Since saving money for a downpayment is a difficult task for families with limited incomes, a downpayment assistance loan can really assist low/moderate income families towards making that step into home ownership. The HRA has a downpayment assistance program in place, but funding is very limited. This funding would be targeted for Eagan residents only and would insure that most residents who need this assistance could be served. Since the current First Time Homebuyer's Mortgage Program was initiated in May 1994, 52 Eagan residents have secured a mortgage from the program. Funding at the proposed level of $55,170, would serve about 18 to 20 families with a downpayment assistance loan. Other Considerations Dakota County Economic Development Partnership(EDP)Business Retention Loan Program. The Dakota County EDP asked all entitlement cities to contribute 10% of their CDBG funds to a county-wide revolving loan fund to help finance business expansion. Businesses within all participating communities would be eligible to apply for a loan through this program. It would be a revolving loan fund. Ten percent of Eagan's 1995 CDBG allocation is $21,000. In the past, Apple Valley and Burnsville have utilized CDBG funds for this type of program. Apple Valley originally set aside $150,000 in 1990 for this purpose. To date, only two loans have been issued from this fund and they have actually reallocated some of the money. According to Rick Kelly of Apple Valley, all of the reporting requirements to document low/moderate benefit have been the major determent to participation, particularly for small business. Apple Valley staff are not recommending participation in the County program this funding year. Given the low demand of Apple Valley's program, it seems that CDBG eligibility requirements are too restrictive. Other funding sources may be more appropriate for this typ of program. Additionally, the City of Eagan has set up a revolving loan fund as a result of the Lull Industries Loan/DTED Grant and will have money with less restrictions available for Eagan businesses within the next year as Lull begins their loan repayment. Because of its restrictiveness and duplication of our own revolving loan fund, staff is not recommending participation in Dakota County's program at this time. (ScZ K0.9.:44°.°fri FOR BOARD USE ONLY I LG214 BASE# (7/29/91) PP # ` FEE • • Minnesota Lawful Gambling . CHECK • _- . ,. Premises Permit.Application Part 1 of 2 INITIALS DATE - •:l it r}}it ?;rf�i 7;.*+i }%�Q::` '�'}:•,'S ::i:'t�ir:'t�f:i:::v`<;':<{5;;:;; {•'}'f:Si4#o-i::$�; • , , . • R Class of prerises permit Renwa) (check one) Organization base license number A($400) Pull-tabs,tipboards,paddlewheels,raffles,bingo premise(;permit nUmbelr_ [] B($250) Pull-tabs,tipboards,paddlewheels,raffles New [j C($200) Bingo only [1 D($150) Raffles only Or 0 Name bf Orggnifetiori ' _/1i14/, - 7 �l,A'z-Gf NGl/yl4 2 /vl/,C?'1/ Business Address of Organization-Stree or P.0 Box(Do not use the address of yodi gambling manager) /J (7 . 1//.4//1 /1 City State Zip Code County Daytime phone number Oy�yc.e --lam I kJ--;4--) 5-ci ?7 I4ZP7 (6a..)ffr/ i' Name of chief eftecutide officer(cannot be your gambling manager) Title Daytime phone number 7/ -r3 ,,,54-/C 04 /i -'PT (y/L) .(2 -.1j6.€9 Bingo Occasiani If applying for a class A or C permit, 1111 in days and begir1,nirfg & ending hours of bingo occasions: NO more than seven bingo occasions may be conduct id by your organization per week. Day Beginning/Ending Hours Day Beginning/Er4I 1ln4 flours Day Beginning/Ending flours _ to to _!.�' _ to i t(#..r 11.1 to t • ••• to If bingo will not be cc!);'d'u fed,check here ice` fi`fln ti n•:>:::;:.:::01::>::::::.:: i,:. . >:::>: ::;>:.....:;<.::.•.:<: + Name of establishment whet gambling will be conducted T 6tier3i: cidress(do not use a post office box number) �.. Dom Y A,2/2-.2 >4��,��7 a,c are/yX ,1.r; Is the premises Iota( Within city limits? po.Yes 0 No If no,is towh(oip H organized 0 unorganized ED unincorporated City and County where gambling premises Is located OR Township and Court'where gambling premises is located if outside of city limits Name and address of legal owner of Premises City State Zip Code 4 o 7 G:0101 +dit'('t+ .J6J/ �'i 4 L W/�(v i�'' s'h,-//�2 ,*,v JJ 7 J, Does your organization own the ilding where the gambling will b'6 cond6cted7 t=1 YES W',10 '. '. , If ho,attach the ollowing: " a co y of the lease(form L0202)with terms for at least one year. . " a copy of a sketch of the floor plan with dimensions,showing what portion is being feared. A lease and sketch are not required for Class D applications, .. :'''...:::':•;••.::-...:...... . • •Address;:of:eier a ,.i ce:,bf gambling equipment -ba•inot/i Po'f yi nifmi e'E< •:c:%<< .< 1` ' _ l Address I City State Zip code �/J %,. A/le Aj /9 . ' ',K,, p/L /z' /-94.1 c,1 "--rJ J7 1 Minnesota Lawful Gambling Premise Permit Application - Part 2 of 2 J Gafrtbii t fl_n_..account I orntation;..:•.: .. ..� • :::.::::, ..::>::; :::,;.:;:::•: >.:.i. .::':>:>:'•>:::•.::::. ;:::::•::•;:•:::::;;•.,:::..,. • Bank Name Bank Account Number / i118/4<14l44) ,, dei',Cit Y//Lie .0 .3' .5/cS"9 bank Address ' r Cty ' ' state Zip Code < d/ i i ,y l � w �y, /I- //1// � ciJ 7 ... ..:....: .. >:1VAm# d� 4rd btfeo. vns v r imed m sr n'Oka:Mg rhae s:0r? fiensw 1 :`<:>::<'>:: :>:::::<::>::::::::;':: •.:.:::...::::..,. .v;j.:, ::;:.:::::..:•::::..:::::..::..::..t7�vadrzatrorts beaswer:may not handle garribUn�rurrd:.>;::.i: .;<>:.fr;::;::.<:::;>: <;<:•><::::::: ;>;:< >.;::. . Name Address title ,74,6071 uAti . Z o, /// '�A L M!/, mod,,'/'! '�/eu �,el ;;??4Z' o)s4'— 4-/c#,Arier \�i4_7- v#„eix.47 c# 40✓/i1 ' d)v.,t,i ef,7 dam. . .. !. . .rh ... :7 v..: ,Qe0i lo".dl ::::.', Alt a' ..':.::..:: P4.0.: •::•>'; .. .... ........:...:.. ..... :;... `+i e t'<: ::> '<: »,::'< ., "::� ':>`:' : ':` :..: :'::.: :::'>::::>>'': ::>:r:' :„::`:> : :::<: :: :>> `> ><`:: ': ° ':::. :•:. Gambliii/g Site Authorization •I am the chief exec'tttive officer of the organization; I hereby consent that local law enforcement officers,the •I assume full responsibility for the fair and lawful opera- board or agents of the'board,or the commissioner of Lion of all activities to be conducted; revenue or public 'safety,or agents of the commissioners, , , .1 will familiarize myself with the laws of Minnesota may enter the premises to enforce the law. governing lawful gambling and rules of the board and Bank Records Information agree, if licensed,to abide by those laws and rules, The board is authorited to Inspect the bank records of the including amendments to them; gambling accbUnt whenever necessary to fulfill .any changes in application information will be submitted ••'",''retluirornent§of current gambling rules and law. to the board and local unit of government within 10 days Oath of the change;and . ' I declare that: •I understand that failure to provide required information .1 haVe read thla application and all information submitted or pre lding false or misleading Information may result in to the board is true, accurate and complete; the denial or revocation of the license. •all other required Information has been fully disclosed; Signature of chief executive officer , - Date t ..S .r.. :.:. g crtfa':.�cknowr cf e. c >�............. ..:::.:: ::.:'.:.<.:;:..:;::<;::.:::::.;.:::::.>::::..::::;;:: ?<;<%:: city'must sg(1 this application i#the gambling pr 4. ;p,?'bf the local unit of government's resolution ap- 1. The ci i am- ises is located t city limits. provint)Pubapolication must be attached to this aoolication. 5. If this application is denied by the local unit of government, 2. The county"ANu township*'must sign this application u it shog d'not be submitted to the Gambling Control'Board. the gambling premises is located Within a township. 3.. The local unit g8Vernment(ciity or county)must pass a Townehlp: By signature below,the township acknowledges resolution specifically approving or denying this application. that the organization is applying for a premises permit within • township limits. City* or County" • . _ Township** City or County Name Township Name • C,r ' a-f 6 - - 'Sig lure of person receiving application Signature of person receiving application • Title I Date Received Title I Date Received AVAIE //Of- . Refer to the instructions for required attachments.. ' Mail to: Gambling,Control Board Rosewood plaza South,3rd Floor • • 1711 W.County Road B ' Roseville,MN 55113 LG214(Pert 2) tngv7r2wail I police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration&investigation city of ocigan JAMES SEWALD Captain Patrol 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Mayor PHONE:(612)681-4700 TDD:(612)454-8535 PATRICIA AWADA FAX:(612)681-4738 SHAWN HUNTER SANDRA A.MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E.J.VAN OVERBEKE DATE: January 10, 1995 City Clerk TO: Liz Witt FROM: Ken Conyers/Sgt. SUBJECT: Application for Lawful Gambling Permit for Premises at 1312 Town Centre Drive I have conducted a background investigation reference this application by the Minnesota Valley Humane Society for a lawful gambling permit for the premises of 1312 Town Centre Drive/Dougherty's. Upon completing the investigation I find that there is no reason to deny this application and would recommend its approval. Ken Conyers/Sgt. THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Attirmativ Action Employ r MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 3, 1995 A regular.meeting of the Eagan City.Councfl was held on Tuesday,January 3, 1995 at 6:30 p.m.at the Eagan Municipal Center.. Present were-Mayor Egan and Councilmembers Wachter,Awada, Masin and Hunter. Also present were City Administratpc;; :He esf:Pommunity Development Director Peggy Reichert, Director of Public Works Tom 010 : E.?1"• , orr ay Jim Sheldon. Nom Wachter moved,Awada seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 FORMAIP.N X}ri.N.tii9:vr: A\•}r.4ir::i:Y:ii:.i+7rn+:vk•.4�fnl'•w ii �'{•.vn�k•.fii:L'ivii76h••Y:gF04 Mayor Egan noted a typograpiiji correcifpn on page 4. Awada moved, Wachter seconded a motion to approve the minutes of the Dumber 40994 regular meeting as corrected. Aye: 5 Nay: 0 VI!H Si;OF .EMBF >' 4., r VIAE: f El i •i�a.:r•.rxx. +at �`jxxs,w5.u7:r�•:u� au•.,n».•mvnsvx:»:cnvmtt Councilmember Hunter requested idbang :on pale: .paragraph 2,•by replacing the words`the Fire Relief Association's request for this legislation` to read "abide by any legislated limit up to $4,200.` Masin moved, Hunter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 PEPAWMIgnifjEAOWSIIIMS Councilmember Wachter requested a report frgm:€F13f<anance Director on the Green Acres issue. Councilmember Hunter indicates#:tfk:k # if'ourred over the weekend where police officers responded to a call,and he felt they actiehi''ery profes$ipnally. He complimented the entire department. • He feels it Is a credit to the entire city. ' In regard to Item D, Findings of Fact. on Denial of a Request for Rezoning from Eagan Family Housing Partnership,Mayor Egan suggested this be discussed at the end of the consent agenda. In regard to Item E, Project 638R.Approve Plans/Construction Agreement '(anjcee D9odie Road. Mark Heinlein, 3310 Rolling Hills Drive, expresged a number.qf concerns about the extension of Yankee • Doodle Road into Inver Grove Heights.;• ! bt#c;NPrks,;;Qir dr Colbert noted-that this project is for the proper channelization and signalization clit�Aie'lnta sQ lon'wih T.H. 149. It isn't tied to the extension of Yankee Doodle Road into Inver.,Grove Ig'hts. -Mr ieniein-raised the Jssue.of the role of West Publishing in the extension of this road. Considerrle.,discussiQrifollowedIon.ceming,the layout of this roadway,and Mr.Heinlein suggested this intersection:# * nade a#04-way Intersection:1 Steve Bryant of West Publishing, noted that their expansion was based Oftp:**ii.54:1_'licitYgOse.e Doodle Road,and it has always been in the long range plan. A citizen of Inver GitikitAirgliti:SpiiiAtijiiiiiiinSt the extension of Yankee Doodle Road. A. eersonnet Items • Item 1. It was recommended to approve the hiring of Manotham Bounnak,Ian Dozier, Kenneth Fry,Jason Schwamb, Cris Derry, Jamie-Starin, Ken Wg giti? W uktand, Mark Stickler and Chad Riley as winter recreation leaders for the winter season. i Item 2. it was recommended to renews agreement witiiIMA, Inc. for the administration of the flexible spending account for the City of Eagan:'::. B. Plumbers:Licenses. it was recomm decf;10: Ep thie 1b �plumbers licenses as shown in Exhibit A as presented. '• ..... • EAGAN CITY COUNCIL MINUTES;JANUARY 3,1995 PAGE 2 • C. Contract 94-14. Award of Contract. Miscellaneous Water Quality,Improvements. it was recommended to rejedt all•bideand authorise stiff-fib'seal: a led yuotes'Tor the improvements to Pond JP-14. E Protect 638R:tApproverRians�/.Gonetrii tion.Agreement/No Perking Resolution; Yankee Doodle Road "County Project 28-12. MSAP mio-tri z. -oviiipiiiiiitifiltoowlioto to authorize the:Mayor and-City Clerk to execute the highway construction agreerrtaflt•betltiia iii: kota: ounty and the City,approve the°Municipal Plan Approval Resolution', and approve:.the re`sol`ition'for parking restrictions on both sides of Yankee Doodle Road between Lexington Avenue #id 850' east of T.H. 149 for this project- F. Pity Contract 93.06. Authorize Final Payment/Authorize City Maintenance (T.H.149 and Northwest Parkway. &O'Neil Drive Street Improvements. It was recommended to approve the fifth and final payment for Contract 93-06 in•tl 'amo a urit.of$'9;1'64 511- to Valley=Passing`and''authorize the acceptance of the Improvements for perpetual maintenance•.subject to warranty provisions. • G. contract 93-JJ:Acknowledge'-Cornplefii n?/Accth'y ilA City'Maintenance (Woodlands 4th Addition Streets • ,and Utilities. It was recommended to acki lowiedgei;: ,mpletion of Contract 93-JJ and authorize perpetual City maintenance subjectitTi'A rarity prc gbh . H. Renewal;AVIrMaintenat ice Service Cot #tfi ' "' ':a ed to renew the audiovisual maintenance service contract'wittrAVl as presented. "" •' " °`' I. Resolution Commending Bumsvilie Mayor Dan McElroy for his Year of Service. It was recommended to approve the resolution as presented:'- w - • • J. Chanae Order..Potice Department-Building-P.roject:..Bsrtiev Sales. ft was recommended to approve change order#1/PCO #31 for Bartley Sales COMpaO*giefamount of$244:95 as presented. K. 1995 Joint Powers,Aaree entiorsrrafftMirl i'%14s:StrrttSweeping.OAR Sealing&:Sealcoeting:•'it was recommended to approve the Joint'Poviirs•ppreement at;# authorize the-Mayor'and CIty Clerk to execute ' all related documents. • L Project 682. Authorize Feasibility Report Preparationt o'_ ' hod Townhomes Utility_Extensions). It was recommended to•authorizejthe preparatIonrof atfeasibility,r,'epolt'for•CltyrPioject682. M. Massage Therapist License. Hendricus_.Jansen. it was recommended to approve the license as presented. Wachter moved,Hunter secondediaijliblion to apftya the consent agenda. Aye: 5 Nay: 0 D. Findings•,ofg Fact ont DeniaL'ofr a g itett f it to on.li from pagan:Family Hothing'Partnership. - Administrator-Hedges+.gat.ieldtbyiefhbac1 Younditofiiiti'at hitithappened-ron7this"to dale: Counciimeniber Wachter Stated heJeetsfthe,HRA is u ;the threat pf a.lawsuifto-get-he or�Councilmerriber•Awade to change their vote.'and.he doeshrtfeelf ,'J*1s ° `e. nly;reason Fhe-is'against th s isb !� t; r � 9 i because he-feels It Is in the wrong-location: :He Is�willing�t, 1b'� e'# !t#i cif this:can be relocated'at{another location. He feels there are many other locations locatIons'Aikeilfile&ititifieriiiited. He feels people have a right to express their opinion and he will not change his vote. Counciimember Awada concurred. Councilmember Masin statedehe feels-there has been-aulot,of;misrepresentatlontabout'Eagan in the press. SheNteels.°.the`city=,has;ta variety,40)ojaeing►4stock•available and is heavy'In mufti-family development and It Is her understanding#:04000;000 to-continue to�pursue a balance-of housing stocks: She noted there have been probieir `;''' h some:t able'Multiple family areas and the Council asked the,.HRA'to help.solve,some_of•theseap. 010e; She feels: s•shows.the:Citylhas confidence In the HRA operation. When the HRA approached the Council earlier wIEh a location:that.was alrready under a.lot-of stress,the Council asked the HRA to rjaider the location :'The HRA then proposed a number of sites and the Council eliminated someioffthei ii; s ' dfivq#i3cj;Qij;,;a�aJte:and^the�votewvas uoanlraou_s, They were providing direction to the HRA. When ti ;Raj*igIf f i0 i,%je s T hem,there was a lot of oppositionfrom the EAGAN CITY COUNCIL MINUTES;JANUARY 3,19955 PAGE 3 residents. She feels that many of the reasonsftgi,yen are,Jot=consistent with what she knows of the HRA. She has seen no proof of the claims made by the neighbors to this property. 'She doesn't feel that just because someone makes$20,000 per y :#hat they will be violent and won't take care of their property. If the residents are opposed to the townhouses,she believe they Would want to have the apartments. The HRA can put I'n apartments witho ti.Oh 'titr0.:::Mis request to rezone from apartments to townhouses is consistent with what the cltj Xfiati :tttatilii i ibft;fs downzoning. She feels the opposition is unfair the HRA has done what the Councp;.requested of them; denying this doesn't seem to be legal;and It doesn't seem to be consistent with what;kfie Council has been doing since she has been on the Council. If the HRA purchases the land,they can ptitthe apartments in. They have requested the townhouses,which to her makes more sense. Councilmember Awada emphasized that the City Council has not approved a certain site for this. • They eliminated certain sites and ranked..gther areas. Councilmember Masin responded that if the Council didn't provide appropriate direction,she:04sn't thin •the.HRA should suffer for it. Counciimember Hunter stated that this is a proposal for downrotsing. Ti e'City has never denied a downzoning request to his knowledge, so the reason for this denial#e:due toitJva Income of the proposed tenants, which is blatantly • - •discriminatory and completely illegal. Thetouncil 00:gotten legal advise substantiating that from a number . of sources. He would like to see the HRA:move::he:pFp1.ec.but;feels they closed tha(do'or with the recent letter they received that states that no col f:'site i.ift: abI* A`proposal came"before the Council and it must be judged on its own merits. A downzone is reasonable,and the Council can't discriminate.based on income. The findings of fact are on the flimsiest of grounds and will be;',easy to disprove in court, so he. won't support them. Everyone would like to see the project moved to another site, but"developers have . rights and the HRA is a developer. He noted that the Council did not anticipate that the HRA would move this quickly. • Counciimember Awada stated she can:,rer.eitlbieiF.ibwnzonings that were..turned down and It is usually when there Is heavy opposition;ip:tMe;6{ii. 'Sori discussion followed. Mayor Egan stated the Council has Ittoid numerous times diet there is no legal basis to deny this project. He feels the reasons given in the'ti f s`aire.transparent, hypocritical and unsupportable. If • this project goes in with a much higher density,or Iii s C#jj, s involved In a lawsuit over this, it is not a victory for the residents.'Furthermore,there is little that can be:done to redeem the image the City of Eagan has seen tarnished over the last month. He encouraged people to think about what will happen to this property now that,this rezoning has been denied. Hunter moved, Egan seconded a motion to deny the findings of fact on the denial of a request for rezoning for Eagan Family Housing Partnership:, Aye: 2..Nay: 2 (Awada, Wachter opposed; Masin abstained.) Councilmember Wachter incfl ed;t r : rout 4l>eav talk to the HRA to discuss other locations. Councilmember Masin stated she feels•31iOi.bltty o Ea n's word Isn't good because the Council gave the HRA direction and then changed the rt 5: Coundliiiiemter,Wachter Indicated he changed his mind and y ,�, that is his prerogative. People have a apt to expFeas thenseves and so does he. He is willing to find a place in Eagan for this project. After so d.LgcusArg.Councilmember Masin changed her vote in support of the motion. Therefore, the motion WAIVER OF PLAT DUPLEX LOT SPLIT/DON CHRISTIANSON Mayor Egan introduced this item gm_ 1lt3• It for Don Christenson for the Southwest Quarter of Section 15 on arestridge Court. Afteri:AVOlexpIana:tioltiOy Community Development Director Reichert, Awada moved,Wachter seconded a rnatitiii to approve thiii*iver Of plat to allow a duplex lot split of Lot 1, Block 1, Buffer Hills Addition, subjectto all applicable Cftjr;Qode requirements, and that each unit shall be served by se rate utility services..;A e: 5 Nay: 0 • • • EAGAN CRY COUNCIL MINUTES;JANUARY 3,1995 PAGE 4 lit . , ..,..., , C0,11.09-1171%.rp be c):AtrAnt, e-T,R oled_. .114::Oiiiilo.ocornmitment he recenttY:rna''„.9fbr Wednesdays, he will * no longer able to serve on the;DalOta'Cihtyl League of GovernMente. He requettedlhia be discussed during orginfzetiblial businedd. . . 00.fittfirkt9itte*.dgfiti A . . , ..:,....;,..,.:„.......K.,...,,,,,4......,a....,4,..,..-... , . ._•:::::..,:.. . Mayor EOM noted there will be ari:ExebutiVe Session f011owing this meeting. . aqiintiTABLE . . , . . COmriiiihity DeVelbpnlentpirObitOr.flelchart noted they have been race iving a lot of continuing •, arritill . 4,..--,thiy.i • .011.. ,'•' iivf • ' L also ..., the development pro Is, ad , Ale looking..onkagl...to a buy nter. She so noted that th Lone Oak • study has been completed, and the reekig 4fe Were4OportiVii of the results . ..;..... , •::::::: the' 4`Works bi i L't ' rt '8Ual he as Public WA si rer or Colbs,n, ,L 1 , ;• meeting with h Schwabs this week, and will be . bringiniback the draina' tie Issue on,dan40:,:trph,:•:•:•:,...:••••••••••••.......•• • . „.,,,„ •,.., , ... , ,,. . A,d( 0Ie4tOr letgektistecrt he1l.;•er A:•p:•:e•;•:.•Counct•:would 1.,Ike a n_, ft d en•o' .n_ina',;ti•'o na.i. prayer said at the next •Meetirigjoritie tieWYear, Ctiuncliniapitiert ihdicateilthey would,. .4 • Administrator Hedges'indicated he had a meeting with the architect and construction manager on the Municipal Center expansion and a question was raised regarding the wood paneling in the lobby that will re,guirettomp,,adcied,citsts,,99upcjimember.Awa,damstatpd*wood paneling should be in the plans and spedificationd aridliit no 8040 Tcost to the .ot_i.40,i_.. ,,Alli:fiefil,Per Hurler'cOricared. ccipiricilmember Wachter stated he disagrees With the arChileVigkijA.likliitiCh.it will coat for thielilahearid sPecificatianS. Administrator liegges suggsteklethr..CariOlikiember?Wk_hter beia Council reprere, rnajtve when meeting with the arChleebr arid construction rrianagerf:dt!!;-.0apae,.drdets for this project,e"Ad;otifet CoUnailmembers concurred. ' -%.•,..:::::;;;;i:;:.::;!:::::.:•...• . . ••.•:::::::iii*iil,:ii::::::... . MA.V00410.VV:! ._ • ., . , . . ....... .,.0..0::......,,,,,,,,m...„,,.... - ,.. . Wachter moved, Egan seconded a motion to approve the Check regieter dated December 28 In the amount of$319,279.27, and the check,register dated December 30 in the amount of$1,707,918.68. Aye: 5 Nay: 0. . . . , • .,.:::.:6 . •.... ..,,:•:•:•,.• f_,..mv.--.,1g.a.g..m.ggit•:•:. - - - .:::•::,:•:,.. ,.::::.:.::::::., 'r OM 6*--' iiiifiit.13 10' The:COlinCit adjourned to Exec. ,ess .,, .. : p.m. ' ,:•:•:•:.. - .. :.:•:•:.: ii::::::: ::::::::;............:•:•::-:. ,... • DU' ..,::::.,•,.:.:.:.:.:.:.:.:::::::-,..:::::::•::::::::::::•:-x. Date. , „ , - . „pity Clerk . . ,,,,,,,„ / i .dit 'II"— tic, liallgi"41iiiIr i t'13' 11C 'audio'iiii r 4' if youneed.in,e4e Vlytqs;,-P.,P.OfT19„,. .e4; ..,.1; :..Ae•,.. ..pr Q, T1 el „ _„e. c.,please pontact the OW of Egan,383O TIN:RA Ob APEid,"EliiiiiNa:$5:1440Y2X,031-46,06; ricii),Wi8ils:.(612)404535). -.1 -1 ,-.,:q.:, - ." %I.:0: •' ' • T , f ,:: The City of Eagan is coninVited to the ploy all persongtexetelmfaocees Ao Its programs,senlicet, activities, facilities and employment wftiiikit.rogerd to repEogolor, cresd,"religion,liiitional origin, seir, disability, age, marital status or status 0:0,00:0:15.0110, ., :rniistance. . . . EXHIBIT A PLUMBER LICENSES FOR APPROVAL -YEAR 1995 1. AAA ABBOTT PLUMBING;;$r'HEATING INC. 2. ALL AMERICAN MECHAN AU$ 3. AQUA CITY PLUMBING I 4. ASSOCIATED MECHANICAL CONTRACTORS 5. BOEDEKER PLUMBING 4.t-1EATING 6. BUDGET PLUMBING CORP. 7. CENTURY PLUMBING INC... 8. D C MECHANICAL 9. DAKOTA PLUMBING & HEATING INC. 10. DINIUS PLUMBING COMPANY 11. LEON DUDA PLUMBING::SERVIOES-INC. 12. FIVE STAR PLUMBING INC ' • 13. G R MECHANICAL 14. GENZ-RYAN PLUMBING & HEATING CO. 15. GILBERT MECHANICAL CONTRACTORS.;NC. 16. GOPHER MECHANICAL: INTRA 'ORS INC. 17. GORHAM-OIEN MECHAt AL 18. TOM HESSIAN 19. HORWITZ INC. 20. JERRY'S PLUMBING 21. L'EVAHN BROTHERS INC: • 22. MCQUILLAN BROS. PL &.;HTG.•. IC�•:• 23. MATTHEW DANIELS INC. 24. MINNESOTA PLUMBING &fIEATING.INC. 25. DICK MOTZ PLUMBING •. ;,•. 26. NASSEFF PLBG & HTG I.N . 27. NORDIC SERVICES • 28. PEINE PLUMBING & HEATING INC. . 29. PIPER PLUMBING 30. PLYMOUTH PLUMBING .... 31. RICHFIELD PLUMBING G(3:.... ...... ..... .• • 32. ROTO ROOTER SERVICES CO. 33. SAUBER PLUMBING & HEATING CO. 34. DALE SORENSON CO. ti • 35. STATE MECHANICAL IN`a, • 36. SWANSON & SCHIAGER PLBG. 37. THOMPSON PLUMBING CORP. 38. VOSON PLUMBING INC. 39. WESTONKA MECHANICA CON,1 QRS 40. WIDMER INC. • • MINUTEoF A SPECIAL MEETING OF THE i:iA►GAN CITY COUNCIL A special meeting of the Eagari:. ty Council was held on Tuesday,January 3, 1995 at 5:00 p.m.at the Eagan Municipal Center. Present wre:Mayor Egan and Counciimembers Wachter,Awada,and Hunter. (Councilmember Masin arrived at 5:32 p.m.) Also present were City Administrator Torn Hedges,Community Development Director Peggy Reichert,Director of Public Works Tom Colbert,Parks and Recreation Director Ken Vraa, Finance Director Gene VanOverbeke and City Attorney Jim Sheldon. • ' Administrator Hedges asked Ogrlcil members about the Council retreat, noting that department heads will be meeting next week to didOiliss the t3 i at He suggested the Council could discuss It at the January 24th special workshop. Community Development Directcx:Reic hert:zucteclAhax the Central Area Task Force will be meeting on January 17th, and invited Council rrjplitts:#Cr 6tl3ii SIDEWALK AND TRAILS MAINTENANCE STUDY; Administrator Hedges noted that an issue was raised relative to plowing trails and sidewalks, and the question of liability. He noted that upon researching this.:Issue,virtually all surrounding cities do some type of plowing of trails and sidewalks. Mayor Egan.stigtOitfie Council needs to decide whether the City will plow the trails,and if so,what the criteria.wit be;i:He iIs'surprised how many people use the trails In the winter. Councilmember Hunter compliriient&f:staff:;ctn.,the report submitted.; He feels the city should encourage people to clear Interior trails, noting tftiitiieorne::the neighborhoods are already doing It. He supports a combination of contracting and purchase ofagitipiiient on an experimental basis. He doesn't think the city should purchase a lot of equipment without getting input from the community. Public Works Director Colbert:warned the Council that these figures do not include the cost of damage to sod and repairs to equipment. Since there is no curb along the trails,there is no protection for the sod. Councilmember Awada noted therg;also may be environmental concerns, and questioned what the use of salt and sand will do to'the grass councilmember Wachter how nano)calls have actually been received on this compared to how many calls have been received:ttlat taxes;sj quld be reduced. Plowing the trails could also cause damage residential shrubbery becaussiA isn't ap# rent where the trails are. Councilmember Awada suggested that the city could just cleat: r#;:i ;ttiiii # i do esn't have to be the entire width of the trail. Parks and Recreation Director Vraa notetiliiitiliViltitikiiiiiidditional costs associated with having to have the equipment come back a second time due to snow from the plows closing the trails. Mayor Egan noted that the Council has never received a petition for this,and the liability issue needs to be considered also. City-Attorney Sheidon,rpte¢:ihaat.if the city decides to plow the trails, It needs to be done right. In his opinion, it Is the Counclk' : itiiih ether they want to do this He doesn't feel It is required. (Councilmember Masin'arrivetti.itt this tirrie:) :;: nsiderable discussion followed concerning • discretionary Immunity and the liability ilia Councilmember Hunter stated Meals these hidden:icOsts needs to be Identified. Councilmember Awada indicated she would also Tike tQ WrjriN iii,f it#I$ iiJquests are coming from Councilmember Wachter stated he doesn't think this stitiitiV :iiiipfeii ieritied fiiow, but that the Council should consider ft next fall. - ��•- sr� EAGAN SPECIAL CRY COUNCIL MINUTES;-JA RY 3,1995 PAGE2 •• Administrator.Hedges noted'tii ta;have been anumber of issues that have arisen on the Capont Art Park, and he feels clarification is ,needed-on the City's policy position relative to the art park and Its development - Councilmember Wachter stated he doesn't feel Parks and Recreation Director Vraa did anything wrong in his dealings with Mr.Caponirt•}tinter and Eganconcurred. Mayor Egan,stated.he,feels:Mr.Capons needs to hire the appropriate professiofi ISwhen j iining4mprovements.and•.hethasn'-t:done so in the past. Councilmember Hunter stated he doe rh"t think:Jt:s the city's roll to contribute-directly-to this-project. Councilmember Awada stated she feel4ilhere hettf$:been a lot of misunderstandings relative to this issue, and she doesn't think•it.Is the city's roictitpNektp.AtiatNtte.concerning statements made in the letter from Mr. Capon!. Councilmember Masin askedwhether the road made it more.difficult to install the parking lot. Parks and Recreation Director Vraa noted that the county's position is that they are not responsible for a parking lot that doesn't exist.,! Public:Works. Director Colbert concurred, stating that that Would ,constitute improvement to private,property: 0,ouncilmember Awada>stated3.she feels Tony,Caporii,asked•'the city for advice and it wasn't-given to him. Parks and'Recreation,:Q*for Vraa-disagreed, stating the;city did give him advise and he refused'to follow it. Mayor Egan stated this is a mailer.of perception Mr. Capons is competing with a number of other fundraising efforts going on,in Eagan. He.0tjg0ested;ttie:'city..writehim a letter encouraging him to get this project in the proper professional hands..'Some# 10uSslon:followed. • Councilmember Awada state t she is concerned that this-project will fall apart: .She•feels the city should lay out what they will do to keep this project together. Community Development Director Reichert gadded thattehekthinks=a:feasibility study should,be-done for ratsingfundSfor this`type;ofacility There is a lot of competition for these funds In the-community. - SETTI;l& :COUNCIL:•MEETINGS Awada,moved,Hu er eco nt .s nde4 motiorOa;sitspecial Council meetings for-5:30 p.m on January 17,and•for 6:00 p.rmon January 24(1935. Aye:•V'Nay: 0 The meeting adjourned°at • DLP Date .� • City Clerk •If you need these minutes in an altematthe'form such as largge'print,braille,audio tape,etc.,please contact the City.of Eagan;3830 Pilot Knob R.oad gan;MN: 55122,4g:14 68i.• •o oA(TDD phone:, (612)454-8535). The-City offEagan'i&committed'to Miff p cj t om briSibave.equal access totitt programs,services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex disability, age, marital status or status with regard to public assistance. • . iii I'I�I��� 111 MEMO city of eagan TO: CITY COUNCILMEMBERS AWADA AND MASIN FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 19, 1994 SUBJECT: RESPONSE TO TONY CAPONI CORRESPONDENCE AND STATUS OF CAPONI ART PARK Response to Capon! Correspondence The City Attorney and I met with Tony and Cheryl Caponi on November 1 at his request and listened to several issues and concerns raised about the ongoing development of the Caponi Art Park. The Caponi's expressed frustration and blamed many of the problems they are experiencing with the development of the Art Park directly on our Director of Parks & Recreation Ken Vraa. Following that meeting, Mr. Caponi contacted each of you and shared many of the same concerns that were presented to both the City Attorney and I in our meeting. The two of you, acting as a Committee of the City Council, and I met on Tuesday, November 29, to discuss the various issues that had been raised by Mr. Caponi with each of us. I prepared for the meeting by meeting with the Director of Parks & Recreation to receive his input on each of the concerns that had been raised by Mr. Caponi. I shared with you over four pages of notes that I had taken from the meeting with Ken Vraa, which gave a different perspective to the issue/concerns that had been raised by Mr. Caponi. Following that meeting and a general discussion by the entire City Council, a letter was received from Mr. Caponi that placed in writing many of the same issues that we had previously discussed with Mr. Caponi and I had personally addressed with Ken Vraa. I have asked Ken to prepare a response to the letter which he is currently organizing. Ken's memo will specifically address each of the points raised by Mr. Caponi. Following a recent City Council workshop, I was asked to follow up on three issues: 1) contact Trust for Public Land and discuss their understanding of the Remo Caponi property, 2) seek additional insight on Remo Caponi's plans/status of his development and 3) discuss with Dakota County their recollection of Ken's testimony and why the south parking lot area was not developed as a part of the road improvement. Trust for Public Land I had an opportunity to meet with Lisa Krugler of the Trust for Public Land regarding the acquisition of the Remo Caponi property. Ken Vraa had contacted her because of the Council's interest in the Trust's purchasing the property. However, she had explained to Ken that the Trust for Public Land will only pursue the purchase of property for a non- profit entity if that entity has agreed to exercise a purchase within a specified amount. Ken told her the City did not want to purchase the land. She did not understand that he had said that because the Council had decided not to purchase the property. I explained to Lisa that Ken Vraa does not set policy, but was only following the direction of the Council. Because of the limited information given to them, I believe that Remo Caponi and his father, Tony, misunderstood the situation and thought that Ken had personally decided not to purchase Remo's land when actually Ken was only following the Council's direction. Remo Caponi's Plans I have not spoken directly with Remo Caponi; however, during the past several weeks, I have had several conversations with Al Hermann, Al Hermann Construction, about the status of Remo Caponi's development proposal. It is his understanding that Remo wants to proceed with his development plans and would be agreeable to selling his property to the City at a fair price. Remo has also expressed interest in living on the property for five (5) years as a part of a sale transaction if the City were to purchase his property. Remo is continuing to pursue final platting of the property for a residential development. Discussions with Dakota County Engineer According to Dave Everds, Dakota County Engineer, Ken Vraa's testimony at the condemnation hearing did substantiate that the Caponi's were developing their property as an art park. Due to Ken's position with the City, as staff liaison to Tony Caponi and the development of the Art Park, the County Attorney's office did not ask Ken to speculate on the future status/development of the Caponi Art Park in an effort to establish a taking in value of property that was under consideration in the condemnation. Dave Everds felt that Ken Vraa handled himself in a very professional manner and did not discredit the Caponi Art Park project in any way. A real issue in the condemnation proceedings is whether the property on the south side of Diffley Road and east of the proposed area for the parking lot is usable land and would be an integral part of the overall Caponi Art Park development. This is the area where there are severe and steep slopes connecting the proposed south parking lot with Remo Caponi's property. It has been Mr. Caponi's contention that this property is important to the development of the Caponi Art Park while the County and City's position in condemnation has been contrary. , • If Mr. Caponi can demonstrate that the Remo Caponi property is a part of the overall Art Park, it would certainly strengthen his position in the condemnation hearing. Regarding the south parking lot and according to the Director of Public Works,there were several discussions regarding the development of that property at the time the Diffley Road improvements were being proposed. And, in fact, Tony was pressing the County to make improvements with the road project. However,the City did not have any financial resources to develop the south parking lot, because they have no authority or responsibility to do so. The extent of the additional resources was a financial commitment to trails and a tunnel. Dakota County will not participate in any offsite improvements to their primary development, that being the County road improvement. Future Action Regarding the Capons Art Park The Director of Parks & Recreation has always been a strong advocate for the Caponi Art Park project. There was a shared vision by Ken Vraa and Mr. Caponi in the early 1980's and it was through their collaborated effort that the idea found its way to the Advisory Parks & Recreation Commission and City Council. Mr. Caponi has unlimited wealth in terms of vision for the actual creation of his Art Park. However, his resources have been limited when it comes to fundraising, creating the foundation and the administrative coordination for the Art Park. Without a financial commitment by the City, Ken Vraa has been placed in a difficult position as a staff liaison to Mr. Caponi and the Art Park project. His direction has been to help Mr. Caponi and continue facilitating the vision of the Art Park without any financial resources for maintenance of the grounds, dollars to fund the foundation or to establish a trust or in any way promote the development within the metropolitan community. Unfortunately, most of Ken's involvement has been as a messenger to 1) inform Trust for Public Land that there are no public dollars to acquire the Remo Caponi property, 2) act as an expert witness on behalf of the City and County in the Diffley Road condemnation, and 3) deny Mr. Caponi maintenance staff involvement on his property or legal assistance through either the City Attorney or an independent law firm to help with the foundation, etc. At the November 29 meeting, although it was an informal discussion, a majority of the City Council again confirmed that there would be no public assistance given to the Caponi Art Park project, specifically regarding 1) purchase of the Remo Caponi property or 2) subsidizing the creation of a foundation. It is important that Mr. Caponi understands the public policy position of the City Council which would be best stated in a letter signed by the Mayor and/or City Council to Mr. Caponi so future expectations are made clear between the City and the Caponi family. The questions that need some finality with Mr. Caponi are presented as follows: 1) Does the City Council wish to reconsider acquisition of the Remo Caponi property?; 2) Should the City Council appropriate financial resources to assist Mr. Caponi with a foundation or trust?; 3) Should the City assist Mr. Caponi with the preparation of design for the south parking lot?; 4) Should the City appropriate any financial resources for either the • • development or ongoing maintenance of the Caponi Art Park grounds?; 5) Should the City staff continue to represent the City of Eagan's interest in testimony regarding the condemnation appeal? and 6) other. In summary, there needs to be clarification so everyone understands each other's role and responsibility for continued efforts to support the Caponi Art Park. It is my firm belief that Ken Vraa has handled this issue with extreme professionalism and patience. It is unfortunate that Mr. Caponi has chosen to vent his frustrations with the project's progress on Ken. Hopefully, the clarification of the points outlined above will assist Mr. Caponi in understanding that it is the City's position as defined by the City Council which sets the parameters for the efforts he must undertake to make the Art Park a reality. C City Administrator cc: Honorable Mayor Egan City Councilmembers Hunter and Wachter Director of Parks & Recreation Vraa TLH/vmd ■ P.02 CAPONI ART PARK 1215 Diffley Road • Eagan, MN 55123 • 61 454-4338 December 1, 1994 Pat Awada, City Council Member Sandra Masin, City Council,Member City of Eagan . 3830 Pilot Knob Road Eagan,MN 55122 Dear Pat and Sandy, I preface this long letter by saying that no worthy project has ever been accom- plished without problems to be resolved. The purpose of this Better is: 1) To identify and isolate the unnecessary, artificial obstacles of a per- sonal nature that have plagued our efforts from the onset of our 1 common project. l I I I i 2) To correct the serious consequence of what seems to be a complete disregard of city policy by a staf member in a d partment most prominently identified with the cit collaboration w th the art park. 3) To put back on track the main goal of transferring rivately owned land to the non-profit corporation of the Caponi Ali Park to facili- tate full development of the art park. Whether it is a simple matter of conflict of interest or a deliberate scheme to sabotage the art park, the eavy handed interference of a cit r official has gone well beyond mere harassm nt. It has been hard for Inc to imagine a logical ratio- nale or motive for anyone o undermine an important project that is manifestly popular with all segments of our community and beyond. For a long time I have refrained from making what might have appeared to be wild usations but the sequence of events and their consequences more than justify direct response to a situation that has brought about serious problems,namely: • The deliberate, provocative actions by Ken Vraa that caused Remo I Caponi to take costly and time-consuming legal action lagainst the city that has derailed our common effort to have the st for Public Lands secure his six acres parcel essential to the Art P k, • The unilateral and devious instructions'by Mr. Vra to the Dakota County Highway Engineers eakened the credibility o our project and caused a continuousi brosion of what they had previou ly agreed to do or considered doing for the art park. These actions eve tually climaxed in the county's failure to award just compensation for e real damages done to the land ald function of the art park. 1 If I i A . R-f4% , 12-05-94 12:35PM P002 #46 P.03 Capon!Art Park Page 2 December 1,1994 So not to repeat the long list of grievances already brought t your attention in . i the course of the past several years, I will illustrate my conten ons with the most recent abuse of Mr. Vraa's official prerogatives. When our project came in conflict with Remo's decision to de elop his property, I approached the Trust for Public Land to assist us in gaining control of that parcel =cal to the art park. Chris Aiken, field representati a for the Trust for Public Lands made it clear to me that be would work with u provided the city confirmed its participation and support of the art park. After contacting the city, Mr. Aiken brought to my attention that Mr. Vraa had expressed a lack of interest by the city in acquiring Remo's 1 d. Mr. Aiken was also referred to Lee Markell, Chair of the Parks and Recre tion Commission, who repeated verbatim what Mr. Vraa had already said and c ntinued to put the credibility of the art park in doubt because "The land is priv tely owned," thus discouraging the very thing we were trying to correct by tr sferring six acres of land to the non-profit corporation and in the process estab] h a way of trans- ferring the other sixty acres as has always been our mutual in ntion. 1 I assured Mr. Aiken that Mr, Vraa did A make policy for th city and promptly took steps to convince him otherwise. The Caponi Art P lc-Eagan Council Committee met with Mr. Aiken on April 27 to clarify a city's position. Oi Attending were Pat Awada and Mayor Tom Egan, who su stituted for Sandy Masan. Also present were Ken Vraa, Peggy Reichardt, Tony d Cheryl Caponi. At this time, the committee demonstrated to Mr. Aiken its s ng support for the Caponi Art Park and after a discussion reed to write a let r of reassurance to Remo that his cooperating with floe art p k would not cause devaluation of his land in die evens the city and TPL should not follow through with their commit- F ment to help incorporate the six acres as part of the art park. Tom Egan,and Pat Awada directed Ken Vraa to proceed w th drafting a letter which the Mayor would si , and strutted him to meet wi Remo to find out what his concerns were, t better etermine the contents of e letter and allevi- ate his fears. When I offered to elp, Ken told me that he referred I did not attend the meeting. Mr. Aiken was satisfied thait the city wanted to secure Remo s property and told me he would undertake the acquisition of the land and fore o TPL's usual fee, provided I also expand the Board of the art park. This detailed reminder of what occurred at our April mee g is to make clear that what followed was in compldte contradiction of the co 'ttee's resolution ' and specific instructions to Mir, V . Assuming that Mr. Vraa lead fo owed the instructions fr m the Mayor and Council member, I scheduled his report cif the meeting with emo on the agenda I R-94°6 I 12-05-94 12:35PM P003 #46 y P. 4 Caporal Ad Park Page 3 December 1, 1994 of our May 18 committee meeting. Mr. Vraa saw fit not to ttend that meeting and was not forthcoming with the information at any later ' e. No letter was ever drafted. . At first 1 was dismayed at Remo's reluctance to tell me what bad taken place at his meeting with Ken. It was only much later when I was cx ressing my confi- dence and trust in the city's part in the deal that Remo exploded with indignation, "How can you trust people who are trying to do you in behi d your back?" He then explained that he had been reluctant to talk to me earlie because Ken had convinced him and Karen that they should put not rely on a art park and not trust me personally. Ken succeeded discrediting the Trust fo Public Lands and expressed the city's indifference to the acquisition of his six acres. Ken further stated that if he were in Remo's place he would have the s reservations about what the city and his dad were doing. It was at this point that emo saw no other alternative but to seek legal counsel to protect his interest. en I confronted Mr. Vraa with this serious allegation of wrong doing, he d id not deny it but merely claimed that Remo had quoted him out of context. I Unbelievable as it may seem, this episode was only a repetitio of on old pattern. Members of the Dakota Cbunty Highway Depaartment kept t-fling me all along, "The city is not with yoit!" It has taken a long time and . long sequence of events, culminating in Ke Vraa testifying in behalf of the co tity at my condem- nation hearing, to conclu a that the culprit had to be the pe ,on who interacted with the county on behalf f the city and art park. I stop sh S of embellishing on this point so that I can cot tinue my elite'narrative. In the long interval between o April meeting and the subset went confusion that precipitated legal complication between Remo and the city, Mr. Aiken quit his position with the Trust for Public Lands but expressed his co I tinned interest and pledged his personal help to the art park project. He arrange I for another repre- sentative of TPL, Lisa Kugler, to visit the park on October 9. Unaware of Mr. Vraa's wrong doings, she innocently mentioned that the city •as not interested in having TPL help us a ire Remo's land for the art park. Wh L n 1 asked her to be more specific she adde , "Mr. Vraa told me that the six acs es are no longer a I priority with the city's ssessed needs." In fact the city ha asked her help in acquiring other parcels elsewhere in the city. When she sa, my astonishment she added, "Please don't get me in trouble with the city for hi ing told you this." I was stunned by this outright betrayal if the city's commitment to the art park especially in light of two other demoralizing developments. On the one hand, the city informed me that I owed three times as much for road ssessments because the art park was an obvious reality while on the other band, e county failed to compensate me enough to repair the damage caused by th road construction I because the highway department had not been jconvinced of a legitimacy of the art park. I was now reang addition 1 consequences of c deliberate mixed signals conveyed by Mr. raa tol the co ty. R=945i 12-05-94 12:35PM P004 #46 1 I i . P. 5 r Capoul Art Park Page4 December 1, 1994 I know that the City Council has corrected its part of this very awkward situation but, it all adds up to the fact that staff, intentionally or other ise, can and does perpetuate harassment that is not always detected or correc by overburdened and underpaid council members who must rely heavily on taus in the integrity of its city staff to fulfill their obligation to the people of Eagan' I understand how difficult it most be for the City Administrator and Council toy resolve a problem . that involves a benefactor to the city who has done nothing to deserve distrust whom a staff member who they must either trust or dismiss. i To fully appreciate the problem at hand, one must keep in ' d that Ken Vraa is f an astute manipulator who uses charm and cunning with devas ting dexterity. He cooperates enthusiastically with art park programs that enhancp his own standing and make good camouflage for his underhanded efforts to detroy the very basis for the long range success of the park. When I questioned If on his contradic- tory behavior of not openly supporting me at crucial momen , he replied that he . is a poor public speaker who prefers to do his work behind e scene. My own observation is that he is a good promoter of his pet ideas d can charm both sides of any issue by volunteering his help as a troubleshoo r to resolve prob- k leans that he is very familiar with since they are of his own tr aking and deliber- ately planted to confuse and thus prevail over his peers. For too long a time I have served a function for the city co parable to that of the Trust for Public Lands in protecting a choice tract of land by resisting pressure from commercial developers. Trusting the city's c mmitrnent to help me realize the maximum otentials of a are park, I have chinged and adapted the land's topography for the sole fun tion of the at park. My wife and I have contributed labor, time d talents to and the success of o r common project without financial cornpe sation;and uch undeserved aggra aiion. I think the city should reappraise its moral oblig don to an old co nt and put real teeth into our publicly proclaimed collaboration. Looking past the negative issues,I conclude with the followin • This is the propr time to onfront and eliminate a underlining causes of our curient proble and get back on track ith the normal process of the continued deve pment of the art park. • In my current appeal of the c demnation case with.Dakota County, I expect the city to supp 'rt me substantiating the legi ' acy of the art park consistent with f ctual r ality and shared co 'trment we have made to this important roject I • We must resume our serious a mpt with the Trust f r Public Lands or whatever means it takes toibring about the acquis tion of the six acres owned by Remo Capon' s a first step to xesoly the transfer of ownership of the otherrsixty acres to the non-profit co oration of the i Caponi Art Park. ( 1 I R-94% 12-05-94 12:35PM P005 146 i P.O1 Ceponi Art Park Page 5 December 1, 1994 • Dear Pat and Sandy, I trust that you will share this letter with the Mayor, other Council members, the City Administrator and any staff members you deem proper. Thank you for your cooperation and understanding. • 'Sincerely, •Thv Anthony Ct ponl • • • I . e ‘)0- -) I c Vc„04. 0( .'fig cc: Remo Capon' WV-00 (-15 bretet- • 1 126,--01-4-f • R-94X 12-05-94 12:35PM P001 1t46 i t